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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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931715.tiff
te , BR u A R 11).) 0 93 • ,' '''f'.'•,t•1 q ' ", •;:f.1 1t4r446..1; { +1"6 r i k,g !'e t '' -,... w_ h But Morn.nt In me Ftow r` t , a A} I Y t i > it•WA"' I '4•;;;"•"';C: i � °r V''"''''' A +I. 14 r p... FEBRUARY : 4'' 1W ixS) �•��'i JUNAAY MONDAY fll�plpf WRQl�/D�f N�pF 1 2 3 4 5 6 • 7 i8 9 10 11 . 12 13 LSc bai y. • 14 16 17 18 19 20 Valentine's Day nn'Dm, 21 22 23 24 25 26 27 W cni e+Rhdry A46 Wednesday _ 28 _ a*MM WWI 9MTW1 ► 9 $ MTwTF $ 1 2 1 2 3 4 6 6 3 4 6 6 7 6 9 7 6 9 10111213 r\ 10111213141616 14161617161920 17H/9202122n 21222b 2126262! 24962$V299670 26299031. 31 RECORD OF PROCEEDINGS AGENDA Monday, February 1, 1993 TAPE #93-04 ROLL CALL: Constance L. Harbert. Chairman W. H. Webster. Pro-Tem George E. Baxter Dale K. Hall Barbara J. Kirkmeyer MINUTES: Approval of minutes of January 27, 1993 CERTIFICATION OF HEARINGS: Hearings conducted on January 27. 1993: 1) Show Cause Hearing, James McDonald (cont. from 10/28/92); and 2) Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District, Conquest Oil Company ADDITIONS TO AGENDA: APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR REPORTS: COUNTY FINANCE OFFICER: 1) Warrants BUSINESS: NEW: 1) Consider Tax Abatement Petition from Richard L. Hein and authorize Chairman to sign 2) Consider Purchase of Services Agreement between Health Department and Sheryl Silver and authorize Chairman to sign 3) Consider documents for Colorado Health Facilities Authority, Hospital Revenue Bonds (North Colorado Medical Center) Series 1993, and Memorandum of Understanding with North Colorado Medical Center, Inc. , regarding intent of parties and authorize Chairman to sign 4) Consider Resolution re: Authorize the Continuation of Current Practices Relating to the Handling and Disposition of Unclaimed Property 5) Consider Resolution re: Setting Forth the Intention to Issue Industrial Development Revenue Bonds for the Hauser Chemical Research, Inc.. Project 6) Consider Division Order to Phibro Energy USA. Inc. , and authorize Chairman to sign - Si SE} $30, T6N. R64W 7) Final Reading of Ordinance No. 30-C, In Matter of Amending weld County Ordinance No. 30 Regarding Greeley-Weld County Airport Authority PLANNING: 1) Consider Resolution re: Building Code Violations - Walsh, J & M Machine, Lyons, and Blodgett SOCIAL SERVICES BOARD: ROLL CALL: Constance L. Harbert, Chairman W. H. Webster, Pro-Tem George E. Baxter Dale K. Hall Barbara J. Kirkmeyer MINUTES: Approval of minutes of January 27, 1993 WARRANTS: Don Warden, County Finance Officer NEW BUSINESS: 1) Consider Purchase of Services Agreement with Weld Food Bank and authorize Chairman to sign CONSENT AGENDA APPOINTMENTS: Feb 1 - Work Session 10:00 AM Feb 1 - Fair Board 7:30 PM Feb 2 - Planning Commission 1:30 PM Feb 3 - County Council 7:30 PM Feb 4 - Convention and Visitors Bureau Board 7:00 AM Feb 4 - Local Emergency Planning Committee 2:00 PM Feb 4 - Island Grove Park Board 3:30 PM Feb 8 - Elected Officials 10:00 AM Feb 8 - Weld Mental Health Board 7:30 PM Feb 9 - Juvenile Community Review Board 12:00 PM Feb 11 - Private Industry Council 7:30 PM Feb 11 - Area Agency on Aging 9:00 AM Feb 11 - Community Corrections Board 12:00 PM Feb 11 - Poudre River Greenway Committee 3:30 PM HEARINGS: Feb 10 - Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District, Conquest Oil Company (cont. from 01/27/93) 10:00 AM Feb 10 - Amended Special Review Permit for an agricultural service establishment (expansion of office building) in the A (Agricultural) Zone District, Monfort, Inc., c/o Ronald J. Lambden 10:00 AM Feb 17 - Extension of Termination Date of Weed District, Prairie View Pest Control District 49 9:00 AM Feb 17 - Assessment of Costs, Weld County Road 8 Local Improvement District #1992-3 9:00 AM Feb 17 - Change of Zone from A (Agricultural) to E (Estate), Eugene L. and Pamela A. Habrock 10:00 AM Feb 17 - Create Arrowhead Subdivision Local Improvement District #1993-1 10:00 AM COMMUNICATIONS: 1) Greeley-Weld County Airport Authority - 1993 Budget 2) Colorado Board of Assessment Appeals - Notices of Hearings re: Benny Chavez; Storage Equity Concepts Management 15, L. P. ; Everitt Ent. , Inc. , et al; National Hog Farms, Inc. : Estate of Thomas Lee Pierce: Eleanor A. Tedford, et al; and Middlefield Investors Warren Dill; and Order re: James E. Winter/Winter Enterprises 3) Planning Commission agenda for February 2, 1993 4) Board of Adjustment minutes of January 14, 1993, and Motion to Grant or Deny Appeal re: Kaldenbach - BOA #967 5) Town of Mead - Notice of Public Hearing re: Mead Ventures' conceptual plan and final plat application for a major land use change 6) Flatiron Structures Company re: Flatiron Planned Unit Development - Weld County Road 22 improvements 7) Berthoud Fire Protection District - 1993 Budget Report (Available in Clerk to Board's Office) 8) Centennial Development Services, Inc. - Promissory Note and Deed of Trust 9) District Court Water Clerk. Water Division No. 1, re: Northern Colorado Water Conservancy District 10) Dale Hall, Weld County Commissioner - Request for an advisory opinion from Secretary of State re: Wife's temporary employment service Continued on Page 2 of Consent Agenda Monday, February 1, 1993 Page 2 of Consent Agenda RESOLUTIONS: * 1) Action of Board concerning Show Cause Hearing - McDonald * 2) Action of Board concerning Special Review Permit - Conquest Oil Company * 3) Approve appointment and reappointments to Placement Alternatives Commission * 4) Approve appointing delegate to attend annual meeting of Rural Ditch Company * 5) Approve cancelling uncollectible personal property tax for years 1985 through 1989 * 6) Approve Right-of-Way Grant with City of Greeley - S31, T6N, R65W * 7) Approve Agreement with Dr. and Mrs. Richert E. Quinn for single- family residence and accessory building * 8) Approve Estimate for Section 8 Program for 1993 * 9) Approve Tavern Liquor License for Zane Richard Pavlica, dba Homestead Saloon *10) Approve Tavern Liquor License, with extended hours, for Lucky Star Corporation, dba Lucky Star Bar and Grill ORDINANCES: * 1) Final Reading of Ordinance No. 30-C, In Matter of Amending Weld County Ordinance No. 30 Regarding Greeley-Weld County Airport Authority AGREEMENTS: * 1) Mined Land Reclamation Division Regular Operation (112) Reclamation Permit Application: Use by Special Review Application for Mining Permit; and Performance Warranty for Hokestra-West * Signed this date Monday, February 1, 1993 RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL USE PERMIT #537 - MCDONALD 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, on September 11, 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #537, issued to James McDonald. and WHEREAS, at said hearing of September 11, 1991, the Board deemed it advisable to continue said matter to October 30, 1991, then to January 29. 1992, then to May 13, 1992, then to July 15, 1992, then to July 22, 1992, then to September 16. 1992, then to October 28, 1992, at which time said matter was again continued to January 27, 1993 at 10:00 a.m., and WHEREAS. James McDonald is the owner of the facility located on property described as part of the SWi of Section 25, Township 2 North. Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing of January 27, 1993. James McDonald and Bob Ray, Attorney, were present, and voiced no objection to revocation of said permit, and WHEREAS, the Board. after hearing all. testimony presented, deemed it advisable to impose the penalty of revocation of Special Use Permit #537. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado. that Special Use Permit 11537, issued to James McDonald. be, and hereby is, revoked. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 1993. /1) BOARD OF COUNTY COMMISSIONERS ATTEST: /v �(/� WELD OUNTY, COLORADO Weld County Clerk to the Board onsta ce L. Ha bert, Cha rman 72 BY: /44 ice-tit Al/Aie Deputy Clerk to the Boa:d_S W. H. ester, Pro em ,. APPROVED AS TO FORM: eaxter County Attorney Mar Dale K. Hall e arbara J. Kirkmeyer\ O 930106 .PLos4a, cc O' , fief, /41- 1 1417J2vk y v �y 4; 1MY .x1 [ [I �i.� 1Y5+.� 1 eil 11 r � x f zy;: . .,:;,',5,t,%.,:,*•,,', Y Y•,. r Y+p1W `A S,Yly +,„0",: ' �'1 1 � *94 T iX s ,• • F Y i 4� l't,, zzAAA77111t77kkkkkl �a t . L.. . i , u• � , . . tiff .. i . 1 .. �. • 4/NI .' . . li ; I:....-II-. - AI •;t . Y.41 ) I 7-1J LL-- 930106 ! _ 'la♦ V � . : .H • :,, ala rleii l ,„. 44fil ,• f ty yf • L ' I 0el ,a rr ( 4 1 SAS: - - IJII a •' t MrYF° we} 44 : yRr -a. f • ; t F W •.._ 'SI< ` - • •,i ,Y Y i1 4 41F . +{ � kk 5 , • ,v ,,), {IMF 5,. ' , 930106 t it IIll I r i ry 1 S1 l' Ill N it '. ...' 4,:_ __ __ , . td.l"�: Y• �`I 1 1 I xtv,, , ,= I mow. ,, tl�., 1 µ i .i• ti• r�`(F I d+v 4,"‘ ; 4 �1 lel l!!I y{ qYf'1�. Its di ,70 Irt Vr4 ryzr .frt T /. t ii r r I" ' ' h4 L.,e - 1 Q � a'1 a elomill. 4 ; 1 ' rr4. it • • i • ' • .�• ., I , , I •••\ : i , . .. .....„... - . ., • ,74.40 -- 1 ) - -''' 7 t. d .... • 1 • • wn xW . xr . s x 'P4 '''''.:4!'' x pFJ t , .i 1+y ,',-,•:.,. A,$ • 930106 r I k;. / : +,.n it. Y � . '. I W i i • Ifs ' 4 1 , i ~r 14 1 1 r 1 93131.06 ". 11111111 0* 1. i s 0. fi F ` .j. v, i 0 i `• •+ . L . rf r ,.G it 4 930106 • • • January 21, 1993 ,,, „, ,• Weld County Commissioners 171 ri 26 ;; 9: 29 P.O. Box 758 Greeley, CO 80632 TO CL`'R'� 11.r I+� •.�l Dear Commissioners, This letter is in reference to the upcoming McDonald hearing on January 27th, 1993. Over the past two years myself and the members of C.R.AS.H. have endured many continuances of this case with no results. The continuances reached the point were several members were endangered of losing their jobs for taking so much time off and could no longer attend the hearings. Mr. McDonald has been in non-compliance for over 17 years. He has responded to non-compliance with paper work. The County has continued to approve it. Now Weld County has created a salvage yard that is poorly screened and a safety hazard that endangers lives, homes end livestock of area residents. Several residents and the neighboring township have spoken out against this noxious use and the activities that have taken places here. We have tried to find a compromise only to be continued again and again with the same problems still existing and the residents still being harassed and threatened for speaking out. The members of C.R.A.S.H. and the previous residents of the area have sent many letters complaining of the nuisances and unsafe practices of airstrip users. These letters date back to 1975. In a letter dated June 26th, 1992 that I sent to the Commissioners I requested they please reed through the McDonald file as I had. There they would see the numerous complaints and violations dating back to 1975. I stated in that letter the names have changed but the complaints and problems are the some and how history continually repeats itself. In 1982 Pete Terry, parachute operator and co-owner of the airstrip, was convicted in federal court of illegal flying practices and served a jail term. Now 10 years later Ed Herson has been convicted of the same illegal flying practices in federal court. 1 sent in an article about problems residents had with the parachutists. They had constant noise at all hours and overnight campers who partied all night. There was another article almost identical that came out years later describing the same problems with the bungee jumpers. This problem also occurred when the balloonist were allowed to use the airstrip. The complaints of low flying planes, planes scaring and hurting livestock, x h;6;-1" �c = Pk' 930106 a planes with no visiblil numbers, trespassing and dange rous aerobatic maneuvers has also repeated itself. Mr. McDonald has also chosen to ignore rules and regulations consistently. By this I refer to his actions regarding plane crashes and County regulations. He allowed the bungee jumpers to use his property when they were told no by Weld County to begin with. Then after a cease and desist order was issued he and the County, as they were notified in advance by fax, allowed them to make a word record bungee jump from the sight with no action taken by the County. The same disregard for safety and rules still exist and if allowed to continue the chances are it will happen again and again. The number of crashes and incidents that have taken place here speak for themselves. People like to use this airstrip because the FAA has no control over it. It has been stated in one letter because this is a private airport, the only person that can be held accountable for airport activities is Mr. McDonald unless Weld County is willing to assume that responsibility. Yet Mr McDonald has done nothing to stop the practices that endanger our lives and homes. It is hard to believe Mr. McDonald is unaware of the activities taking place here or of the actions of the public nuisances he hes allowed to use the strip such as balloons, ultralites, parachutists and bungee jumpers. With his many letters to the County and calls to the Sheriffs Department of neighborhood activities it would be pretty far fetched to believe he not know or see what was or is going on in his own back yard. The operation of this airstrip is unsafe for the community. There is not enough room to safely operate the many types of aviation that use it at the same time, plus operate a salvage yard. I feel this permit needs to be revoked, the airstrip closed and proper screening put up. The existing fencing used as screening has been referred to by Tri-Area Planning as ineffective and unsightly and should require screening similar to Columbine Metals. It also depreciates the property values in the area. The fencing for this so called museum needs to completely screen the items it contains. If the fence does not completely screen from view certain items then they need to be placed in storage buildings. This fencing also needs to be maintained at all times. This non-conforming use has proven it is not compatible with the surrounding community nor will it be compatible with the future uses proposed. It is not consistent with the Growth and Preservation Policy, the I.G.A. or the Weld County Comprehensive Plan. The town of Frederick has voiced concern in a letter stating the County is still allowing uses that might be appropriate in a rural area but will not be compatible as the area becomes more urbanized. It is not advantageous to county residents and has interfered with agricultural production. 930106 . f.. • Letters have been sent nd reasons have been made. Mr. McDonald's track record speaks for itself. I hope this situation will finally be settled without further delay before someone gets seriously hurt. Sincerely, Sandy Ingram C.R.A.S.H. Member 930196 I • • RESOLUTION RE: ACTION of BOARD CONCERNING SHOW CAUSE HEARING ^ JAMES MCDONALD 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, on September 11, 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #537, issued to James McDonald, and WHEREAS, at said hearing of September 11, 1991, the Board deemed it advisable to continue said matter to October 30, 1991, then to January 29, 1992. then to May 13. 1992, then to July 15, 1992, then to July 22, 1992. then to September 16. 1992. at which time said matter was again continued to October 28, 1992, at 10:00 a.m. , and WHEREAS. James McDonald is owner and operator of said facility, located on property described as part of the SW} of Section 25. Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and • WHEREAS, at said hearing of October 28. 1992. James McDonald. permit holder, was present, and WHEREAS, the Board, after hearing all testimony presented, deemed it advisable to continue said matter to January 27. 1993, at 10:00 a.m., to allow Mr. McDonald to submit a complete plan to the Planning Department. which is to be reviewed by staff by January 20. 1993, with revocation to occur if said application is not submitted and complete. NOW. THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado. that the Show Cause Hearing to consider revocation of Special Use Permit #537, issued to James McDonald, be, and hereby is, continued to January 27, 1993, at 10:00 a.m. BE IT FURTHER RESOLVED by the Board that if a complete plan is not submitted and reviewed by Planning staff by January 20, 1993. Special Use Permit 0537 shall be revoked. 930106 921047 ahib;f5 ul /', <cP) T .. t'!. , s_ G-rY Hch'i. r" • • RE: SHOW CAUSE - MCDONALD PAGE 2 The above and foregoing Resolution was. on motion duly made and seconded, adopted by the following vote on the 28th day cf October. A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO , �V'(4/ s ;i Weld County Clerk to the Board ��g-� George Kenned.Chairman BY: c- o--.!n-✓ lc�<'5 /..x-,/ '�'' ✓ �l./Lf�<.f Deputy Clerk to the Board Constance L. Harbet,Pro-Tem APPROVED AS FORM: ��,, C. Kir y C my Attorney Gor at / O W. H. Webster I 930I,pg� • • ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 28th DAY OF October 1992: DOCKET U 92-62 - Substantial Change Hearing, Boyd DOCKET # 91-50 - Show Cause Hearing, McDonald DOCKET 0 DOCKET # PLEASE write or print your name legibly, your address and the DOCKET N (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING •)\" c `7&o c2 II eCti4AQ MCtamc9C1 _L��' %j_ 'I /1 '1 e �. � n • 930106 RESOLUTION RE: FINDINGS OF THE BOARD CONCERNING SHOW CAUSE HEARING FOR REVOCATION OF SPECIAL USE PERMIT #537 - JAMES MCDONALD 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, on September 11, 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #537, issued to James McDonald, and WHEREAS, at said hearing of September 11. 1991, the Board deemed it advisable to continue said matter to October 30. 1991, then to January 29. 1992, then to May 13, 1992, then to July 15, 1992, then to July 22, 1992. at which time said matter was again continued to September 16, 1992, at 10:00 a.m., and WHEREAS, James McDonald is owner and operator of said facility, located on property described as part of the SW} of Section 25, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and • WHEREAS, at said hearing of September 16, 1992, James McDonald, permit holder, was not present or represented, and WHEREAS, the Board heard all the testimony offered concerning this matter and, having been fully informed, Finds that the burden of proof has been met, and James McDonald is in violation of Operation Standards #1, #4, #5, #15, #16. #17, and #21 of Special Use Permit #537, and WHEREAS, the Board deems it advisable that an Order imposing the penalty for the violations of Special Use Permit 0537 will not be entered at this time to allow Mr. McDonald to apply for an Amended Special Review Permit for an airport, open-air museum, and associated uses in the A (Agricultural) Zone District, with said application to be submitted to the Department of Planning Services on or before October 16, 1992 for review, and WHEREAS, the Board also deems it advisable to further consider said matter on October 28, 1992 at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby Finds that the burden of proof has been met, and James McDonald is in violation of Operation Standards #1, #4, #5, #15, #16, #17, and #21 of Special Use Permit #537. BE IT FURTHER RESOLVED by the Board that an Order imposing the penalty for the violations of Special Use Permit #537 shall not be entered at this time to allow Mr. McDonald to submit an Amended Special Review Permit application to the Department of Planning Services on or before October 16, 1992 for review. BE IT FURTHER RESOLVED by the Board that this matter will be further considered on October 28, 1992 at 10:00 a.m. 930106 920873 �C 0� e c. : 1°/. , ff4., A-PP1 Rol. o 1 if RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE IN AMENDED SPECIAL REVIEW PERMIT APPLICATION - JAMES MCDONALD 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, a public hearing was held on the 9th day of September. 1992. at the hour of 10:00 a.m., in the Chambers of the Board, on behalf of James McDonald, P. 0. Box 646, Frederick, Colorado 80530, for the purpose of considering whether or not there has been a substantial change in the facts and circumstances regarding the application for an Amended Special Review Permit which was denied by the Board of County Commissioners on July 1, 1992, and WHEREAS, said hearing concerned the application for an Amended Special Review Permit on the following described real estate, to-wit: Part of the E} W} SWt of Section 25, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, James McDonald, applicant, was present, and WHEREAS, said hearing was conducted according to the Board's policy concerning Applications for Land-use for Property Previously Denied, said policy having been adopted on May 21, 1986, and WHEREAS, the Board of County Commissioners heard all the testimony and _A statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and Department of Planning Services' staff and, having been fully informed, finds that the request to apply for an Amended Special Review Permit for an Airport, Open-Air Museum, and Qgsociated Uses in the A (Agricultural) Zone District shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant, in his letter of August 10, 1992, has demonstrated that a substantial change in facts and circumstances has occurred, as follows: A. there has been a reduction in the number of structures; B. there is one additional dwelling; C. there is additional screening; D. the bungee jumping activity has been eliminated. 930106 920851 PLOSGot cc- ' PL„ 1-}Pe , 5HeW CA4Csr I7t . `7/14//5.:, • • • RESOLUTION RE: FINDINGS OF THE BOARD CONCERNING SHOW CAUSE HEARING FOR REVOCATION OF SPECIAL USE PERMIT /1537 - JAMES MCDONALD 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, on September 11, 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #537, issued to James McDonald, and WHEREAS, at said hearing of September 11, 1991, the Board deemed it advisable to continue said matter to October 30, 1991, then to January 29, 1992, then to May 13, 1992, then to July 15. 1992, then to July 22, 1992, at which time said matter was again continued to September 16, 1992, at 10:00 a.m., and WHEREAS. James McDonald is owner and operator of said facility, located on property described as part of the SW! of Section 25, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, at said hearing of September 16, 1992. James McDonald, permit holder. was not present or represented, and fr WHEREAS, the Board heard all the testimony offered concerning this matter and, having been fully informed, Finds that the burden of proof has been met, and James McDonald is in violation of Operation Standards #1, #4. #5, #15. #16, #17, and #21 of Special Use Permit #537, and WHEREAS, the Board deems it advisable that an Order imposing the penalty for the violations of Special Use Permit 41537 will not be entered at this time to allow Mr. McDonald to apply for an Amended Special Review Permit for an airport, open-air museum, and associated uses in the A (Agricultural) Zone District, with said application to be submitted to the Department of Planning Services on or before October 16, 1992 for review, and WHEREAS, the Board also deems it advisable to further consider said matter on October 28, 1992 at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby Finds that the burden of proof has been met, and James McDonald is in violation of Operation Standards #1, #4, 115, #15, 1116, #17, and 1121 of Special Use Permit #537. SE IT FURTHER RESOLVED by the Board that an Order imposing the penalty for the violations of Special Use Permit #537 shall not be entered at this time to allow Mr. McDonald to submit an Amended Special Review Permit application to the Department of Planning Services on or before October 16, 1992 for review. BE IT FURTHER RESOLVED by the Board that this matter will be further considered on October 28. 1992 at 10:00 a.m. 930106 920873 x,h;bi+ e QL,De43— Gam. Fl. � +1&, PH°PJ 1-lol.,o l c;11/4.1 • • 1 RE: FINDINGS OF BOARD -- MCDONALD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D.. 1992. /IIu /se BOARD OF COUNTY COMMISSIONERS ATTEST: /A(p/DfY�_ /pJ! O WELD COUNTY, COLORADO Weld County Clerk to the Board tte �,yJ 4, 7 Geo a KA[med , Chairman BY: / � 4 -4-___4.....„, -J ,l 46.fr+�^ L c4 1��GcL ' Deputy Clerk to the B Constance L. Her er , Pro-Tem APPROVED AS FORM: EXCUSED DATE OF SIGNING (AYE) C. W. Xi y County Attorney Gor W. H. Webster 930106 920873 RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE IN AMENDED SPECIAL REVIEW PERMIT APPLICATION - JAMES MCDONALD 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, a public hearing was held on the 9th day of September, 1992, at the hour of 10;00 a.m. , in the Chambers of the Board, on behalf of James McDonald, P. 0. Box 646, Frederick, Colorado 80530, for the purpose of considering whether or not there has been a substantial change in the facts and circumstances regarding the application for an Amended Special Review Permit which was denied by the Board of County Commissioners on July 1, 1992, ;.,td WHEREAS, said hearing concerned the application for an Amended Special Review Permit on the following described real estate, to-wit: Part of the Ei Wt SW; of Section 25, Township 2 North. Range 6$ West of the 6th P.M. , Weld County. Colorado WHEREAS, James McDonald, applicant, was present, and WHEREAS. said hearing was conducted according to the Board's policy concerning Applications for Land-use for Property Previously Denied, said policy having been adopted on May 21, 1986, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicar . and the recommendations of the Weld County Planning Commission and Department of Planning Services' staff and, having been fully informed, finds that the request to apply for an Amended Special Review Permit for an Airport, Open-Air Museum, and Ag.sociated Uses in the A (Agricultural) Zone District shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant, in his letter of August 10, 1992. has demonstrated that a substantial change it facts and circumstances has occurred, as follows: A. there has been a reduction in the number of structures; B. there is one additional dwelling; C. there is additional screening; D. the bungee jumping activity has been eliminated. 930106 920851 /�%'LOCC-ia cC. ' 10l- , bt0?/ Syjnw CALeCi RE: SUBSTANTIAL CHANGE - MCDONALD PAGE 2 NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado, that there has been a substantial change in the facts and circumstances regarding the application of James McDonald for an Amended Special Review Permit. BE IT FURTHER RESOLVED by the Board that the request of James McDonald to apply for an Amended Special Review Permit for an Airport. Open-Air Museum, and Associated Uses in the A (Agricultural) Zone District be. and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D. , 1992. I(� ,��� /� BOARD OF COUNTY COMMISSIONERS ATTEST: ,IC'lo�?IU.N{ G �'� WELD COUNTY, COLORADO Weld County Clerk to the Board ,ge Kenn Chairman BY: y a �/ Ja� (C Deputy Cler to the Board. Constance L. Harberto-Tem APPROVED AS FORM: frYe 2 / C. W. Kir y /;77County Attorney Gor acy fit 7 W. H. Webster 930106 920851 I RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - JAMES MCDONALD 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 Wald County. Colorado, and WHEREAS, on September 11, 1991. a Show Cause Hearing was conducted to consider revocation of Special Use Permit #537, issued to Jamas McDonald. and WHEREAS, at said hearing of September 11, 1991. the Board deemed it advisable to continue said matter to October 30, 1991, then to January 29. 1992. then to May 13, 1992, then to July 15, 1992, at which time said matter was again continued to July 22. 1992, at 10:00 a.m., and WHEREAS, James McDonald is owner and operator of said facility, located on property described as part of the SW* of Section 25. Township 2 North, Range 68 West of the 6th P.M.. Weld County, Colorado, and WHEREAS, at said hearing of July 22, 1992, James McDonald, permit holder. and Bob Ray, Attorney, were present, and WHEREAS, the Board, after hearing all of the evidence presented, finds that the respondent has not complied with the terms and conditions of the Special Use Permit, and WHEREAS, the Board, after hearing all testimony presented, deemed it advisable to continue said matter to September 16, 1992, at 10:00 a.m., for consideration of the penalty to be imposed, and WHEREAS, said continuation will allow Mr. McDonald time to submit an application for consideration of substantial change, and if approved, to submit an application for an amended special review permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing to consider revocation of Special Use Permit #537, issued to James McDonald be, and hereby is, continued to September 16, 1992, at 10:00 a.m. r .\ '�.. .'% 930106 920667 RE: SHOW CAUSE - MCDONALD PAGE 2 The above and foregoing Resolution was. on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D.. 1992. ��, BOARD OF COUNTY COMMISSIONERS ATTEST: '�""K'/ � WELD COUNTY, COLORADO Weld County Clerk to the Board o e Keelikaallial÷ady, Chairman Deputy Clerk to the Boar onstance L. Harbert, Pro-Tem APPROVED AS 0 FORM: C. . K ThP ounty Attorney Gor . c f/ 4��I W. We�/tai' /Zfi 9301O 920667 0 0 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF JULY 1992: DOCKET 4 92-40 - SUBSTANTIAL CHANGE HEARING: HEIN, RICHARD DOCKET 11 91-50 - SHOW CAUSE HEARING: MCDONALD, JAMES DOCKET 11 92-35 - CHANGE OF ZONE HEARING: COTTONWOOD WATER SKI CLUB, LTD. DOCKET 1! 92-36 & 92-37 - TWO SPECIAL REVIEW PERMITS: COTTONWOOD WATER SKI CLUB, LTD. PLEASE write or print your name legibly, your address and the DOCKET Y (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ?���A.v 2 , 0g/LA"- 795 t/,QNz F pR vA r_2 -615 •W ✓ C1A/ /6,3- Cofje #3an Dew� 42-lo 7 - t ea r -14,49 . 75y�Gcl• d#// 4, 9,- 69 /-7 4 .d f `� 5734 2,trzefa- 1/ V- .S b# (lQ k 7s7,v wc Rd 11 << 3 /- 5° 1kA bsVq v 1�?r :,t)c? 00 qi -so -so .? 7ise.,, _7,7- 4-,-.:P-1-O c5941 zC/C/el4 9/-c lo • 9ta0'.06 mPmoRnnDum Board of Wile To Commissioners ssi ners Dar. July 22, 1992 COLORADO From Lee D. Morrison, Asst. County Attorney SubjectMcDonald Probable Cause I am making the following proposal in order to address the evidence presented at the last hearing and still have a proposal which may be substantially different than the last amendment proposed by Mr. McDonald. The Board would make appropriate findings as to whether violations in the Special Use Permit had occurred but would defer any decision on the remedy that would be used and allow McDonald opportunity to present applications first fora substantial change, and if approved, for a further amendment to the Special Use Permit. The amended permit should address safety and screening issues and it is proposed that they do so in the following manner: 1 . The applicant would complete screening as commenced on the property with the siding materials and replace the corrugated metal fencing on a portion of the property with the same siding materials and include this proposal in the proposed amendment. 2. The applicant would delete all activities of a commercial nature using aircraft including bungee jumping, ballooning, ultralights, crop dusting, parachuting and other similar activities for hire. The only aircraft use that would continue to be allowed on the property would be private use by McDonald or their neighbors in order that they may fly their own aircraft to and from the airport. 3. The applicant could apply to continue to collect collectible vehicles (even if inoperative) in addition to collectible and antique aircraft but the vehicles and aircraft would have to stored within the screened area or within structures. 4. The applicant would have to continue to obtain building permits as necessary under the codes. 5. If the Board finds that the latest proposal is a substantial change, the Board would waive fees for the proposed amendment. Lee D. Morrison Assistant County Attorney 930106 • I RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - JAMES MCDONALD 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, on September 11, 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #537, issued to James McDonald, and WHEREAS, at said hearing of September 11, 1991, the Board deemed it advisable to continue said matter to October 30, 1991, than to January 29. 1992, then to May 13, 1992, at which time said matter was again continued to July 15. 1992, at 10:00 a.m., and WHEREAS, James McDonald is owner and operator of said facility, located on property described as part of the SW} of Section 25, Township 2 North. Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing of July 15, 1992, James McDonald, permit holder, and Bob Ray, Attorney, were present, and WHEREAS, the Board, after hearing all testimony presented, deemed it advisable to continue said matter one week to allow the Board and County Attorney's staff adequate time to confer. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing for James McDonald be, and hereby is, continued to July 22, 1992. at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the /followin vote on the 15th day of July, A.D., 1992. ATTEST:b // 67/7 BOARD OF COUNTY COMMISSIONERS 70 WELD COUNTY, COLORADO Weld County Clerk to the Board 1a(NAY) George Kennedy, Chairma BY: ' 'L . e -:gin '_ .i�• -• „ s fde (AYE) Deputy Clerk to the BoarC,.� Constance L. Harb rt, Pro-Tem • APPROVED AS' TO FORM: 7J// y (AYE) C. W. Kir y J , ,L,/,1,...,___ :i ..:-/ f..!....!...--, AYE County Attorney Gor . a i 4s Ml±I NAY W. H. Webster 920639 - khf 6 93010 Pt' ;y,- c L - Pi, , ,i-,�)>I hire a it.) , t-kL.c FILL. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 15th DAY OF July 1992z DOCKET # 91-50 - Show Cause Hearing re: James McDonald DOCKET II 92-20 - Weld County Road 8 Local Improvement District #1992-3 DOCKET 11 92-38 - Special Review Permit for Laidlaw Waste Systems (Colorado), Inc. DOCKET U PLEASE write or print your name legibly, your address and the DOCKET I (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING `'cam -Pollee _0k71 r(a.kiej Li"u°` r0 9b-OW \ ,, A4,3 (I il ;fe5P4 Sac ! In -- 3, 1 _ ‘74,444?_,:os-ziderttre r z/v4.0-•-rfe ..9.2 -20 rim` %teatil . q z n &.- ' r/ .C C . Reg-g- ,cj q2_ 20 � 1 ..42--"-c-a-35 b C As CC CE/>_4141-a----‘ .2,_- 2ci 'Ts cg /./, Rd,1 29coS SotR,pg.- Le. fZ - 3c `&i, is (',�JIL v 1 ZS sia(2-k_74..j c c , rK 7a- 78 `.Au& ` U;la / I \'k r-Ctu(A\ Gf Se(E °l.3-3 8 �!( 4 €,v't�',e ci , �r� 2- g oF'rt ,1 k 522-' T e63 c- MT J 3 9a V1/4J-C. l , -7 9'a -32' -1/4i-ot-11' Liz:Wts 3%)0 IA) c- Rb* 3 PR1E c"/a- 3 . 6^t-wLL 1" -,--, c LJ C ' ( L QI Iz 6 ae ,,ondoga e/c �,l to-a- tate) c 9/SO `2.4s AL V;Id frl 7--i2( g € z✓e , c - r �<j i6o eo rtslo�oe.l or�eenoeb 4S 9I-3B 3 /3.ornN A - ao c ao/o/ SIOC 277 v4 _; D re�1J p.¢pw..,0, Lin . Ilor h2 —T° 91-5-0 444244 61n . ��//9•, _�\eCrr/,/�4( i I . 74^, /// ��(/QAV e 4 f/L 9C/- So �+It�WSAr_ to J➢.0 lfi.✓La qtSc3 f 1 d l (!r'° .N^ t 1871 eual a 6 - %/�J v _ i ff dr-, 60•(":" -if9536 J • ?C flee d i lo7,ti"w1ie„ 57?- Yd oac-_ -A-4-----,c fc Cow, Aa t 4i—5-6 9 C_ to ( weft U 1Uh V r) /lf C► (-SO SS- - 930106 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS /51t DAY� OF p�(,�,Q�,�.. 1992: DOCKET 0 91-so Choai 044444, - IY1C.ctirt.11 / k -61.0 DOCKET 0 DOCKET ll DOCKET 0 PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 930106 • • • i..x�l T3 I- 930106 slaolos 930106 r aX -6 Y rrti'+ . r. • • • sr ^ii rrel, ••. . �� '410.,?,, f 4•.. ;mow 930106 July 3, 1992 . • Weld Count Commissioner. 915 10th Street •9°7 11r :7 Greeleq, CC 30531 Deer Commissioners This. • to revocation ati n hearing letter is in reference the � e'v'o L'l:u U,7 nearing scheduled for this-. Wednesdc_„ „hl•, 15th. There is no doubt that Mr McDonald has been in continual •ynclaticn of his special use permits over the years. Documents County's files attest this aforward in Weld �^vi,l.,•_y ., ao to ti,i.: �.;(d evidence brought in several beer in^^ non-compliance. also I c „_ ,,,�,� also confirm un-ccmp,iance. There is the q.e..tion if he will ever :bide by the standards. I'm not going to encourage you to revoke this permit nor agoing ♦ 1ask how t.... Lm I to encourage you not •.o, but best ontr can this place be controlled? ed? During th last hearing heart several .Jh, ,,, the ,+ac, .ng you heart complaints and concerns regarding this place. The bungee jumpers were a nuisance. The problems with the parachute operation. The museum/salvage is a hazard and a eye sore. The scl d security screening fence is not made of the proper Weld County approved materials. The fence does little to screen anything from view and is as much of en eye sore as the salvage. The salvage keeps doubling in size. The liability issue as to who is going to be responsible for dame^- to a l U. t.u,,,t,�ye our property and livestock and possible loss of life or limb. Discourteous pilots. Safety hazards to residents and the patrons using this place. The fact that Mr McDonald nti -ally abuses due process and fact that , 1, , I�Vbna,d continually :+ chooses not to abide by rules and regulations. The amount of salvage is Interfering with the safe of t - d _r, teri„y operation ..he airstrip. Fire safety. Decrease., property values. Finally there is no control over what happens here. How best can the amount end type of salvage being brought in be controlled'? Can the ,taper eticns standards be added to? Can ththeybe. define better? According to the plot plan there is only a small area g and two buildings defined for the museum pieces. This limits the area and would limit the amount of ..junk". What if he was made to clean out the cars, ur:k and tre:leis and have to restore the aircraft already there completely before any more can be brought in. Would this clean up the place and make Mr. McDonald really create a museum instead of a salvage !lard. 5? limiting the size of the museum and the amount of junk would also help to eliminate hazards for the air strip users. The solid security screening fence was just completed between March 29th ant the Punning Commission Hearing in April ;992 ';see pictures on 930106 # ee: be., 8 • filer. There is no eehis con be gr andfethered in. Thence either through revocation or the special use permit needs to be constructed of proper screening materials. it also needs to be of an appropriate height to go along vitth nature of what he is screening. (Note: in Mr Mcdonald's prior operational standards he .Ci Cp , a...a�14� was required to construct a chain link fence on the west side of the property and Weld County allowed him to change it to ber4 wire.) VViU The liability issue needs to be enforced as long as he operates under a special use permit anc allows anyone to use it, The County is as responsible es Mr. McDonald and who ever damages our property. Under revocation Mr. McDonald refusal to be insured properly and operate safely is still an issue but the number of users would only be himself. Maybe the thought of losing property and personal possessions because of an incident he would solely be responsible for would cause him to get insurance. As far as discourteous pilots, their safety infractions and failure to follow regulations is hard to control. The only way to eliminate this is by revocation. Some problems could be cut down if there was control over th users th airstrip. involvement control of the , 11 �, ,t1. The FAA's r IVo• rernent would help to Cunt Cl this but they have stated they have very little control over a private air strip. Sefetu hazards can be controlled with a little bit of common sense. Problems with airstrip users could be controlled with a little bit of common courtesy. Property values wouldn't decline with clean up of this place. Residents in the area would rest easier with liability insurance and good business practice. Unfortunately the surrounding neighborhood does not believe in Mr McDonald's word or in his ability to abide by regulations. They feel he will do es he chooses as always. He has chosen not to abide by common courtesies which would help him to operate compatibly with the community'. He refuses to listen to our concerns and continually calls hiss. everything said a lie. The "'slog+ of this palace is documented in Weld County's files and has proven these claims. Mr. McDonald will tell you he has done everything to get along with his neighbors yet he has done nothing butbut harass. He has proven hehas no desire to operate compatibly with '. to 1 C . JJ ,V li the area or 'ollow regulations imposed by the County, but instead sees it es his rights being violated. Can Weld County control this special use permit? `,1s the County willing to maintain control of it or is it going to be LGull.., willing, 1,� m4;nt.,in i is forgotten ignored after ± be forgotten and i•,.I„I �,_ 1 per a period of time? Can Mr McDonald ue trusted to abide by regulations? Car, Mr McDonald be forced to abide to regulations? Would it be better to start over? How best can the problems created befixed? n L matter whet happens will '. itiC � ��e, ,v„4. there w l� still be problems. 1 don't know if a middle ground can be found in this situation. Control is the key. If the 930106 permit is allowed th ` o stand rd need to be t�arly defined end _ �„�ers�l ns1 standards spelled out end even added to for protection. Right now there are many areas that he can construe in several different ways. There has to be compliance with regulations t, procedures. Has this airstrip .,� i� C. �, on., and ti8fe i ire i crown into a noxious use that does riot belong in a residential community? Would this airstrip and museum be better suited in a different area? The is definitely a problem here. That is evident by the response of the community. You don't have that many people using their time and energies working against something unless they have been pushed to far. What solution will best eliminate the situations created and bring compatibility end compliance? r� Sincerely, ,$ ���,� Sandy Ingram C.R.A.S.H. Member CC: Gordon Lacy W. rn'easter George Kennedy Connie Harbert C. Kirby � "K Lee Morrison, County Attorney Shen Grubb, Planning Department 920108 f • • Frederick adopts IGA forming future land use cooperation ( /4.2 By Michael??son 7474-2_ stiSetros,otrtplant* d4rfree- 40ry The Frederick Town Board ' has unanimously adopted the land Y�9r use intergovernmental agreement that has•already been accepted by Firestone and Dacono. During last week's (Thursday, ^ f ry June 25) Town Board meeting, mayor Ed Tagliente said the pur- • 4 . • seppse of the agreement is "to regu- b • • lat land use,and(is an agreement s to)consult with the other towns on ' '• Any annexation and development • planned."'Another purpose of the ' a. IGA is to "start looking at devel- A ; '' • opment area-wide,"Tagliente said, ,wi - xat: } and to be able to avoid some of the .4.4$4,141 controversies caused when the City t of Dacono was considering a land- • fill southeast of the city. , , . Ed Tagliente Prior to the adoption of the . IGA, Frederick trustee Dan Williams said he wanted to be County Road 5 to the west; Road certain that all signers "are on the 24 to the north; Road 21 to the same page" regarding the defini- cast; and Road 6 to the south. tion of what constitutes a noxious The IGA also addresses trans- land use. portation planning,land use.mere- The geographic area included ation and environmental planning, in the IGA is bordered by Weld and development referral. •• • • • x930106 ,'k3 .. ... �.,.... __.. ..... ..ti ,.. ,. ..,._,__ ,_ _ _ ....,a .r . .v.-,... .......„,_ - ._., ,...r... . ..yam .�._o._... Weld expan #; ,fare arport By Michael Neilson - -,tore. Thee neighbors. ut t Cop Plained,in general, aboout the ap- lhc Weld County ,Commis= `Peke o ;tlte.McDonald prop- The last'week (Wednesday; erty, and associated activities such July r voted to deny W expanded "as hot-analloon xpanded and whatlatUnita&lyi g special use permit to cover existing they�� ufna�oflY�g practices from an:. adjoining and planned operations at the Fire- .parachute ttainiu JumPgop stone,Airpark.located west of the,- cation.: �_ ' 'Fri-Towns on Weld County Road ' 16 between Roads 13 and 11 -aid on tidy 13' ibtatile County Property owners James and : Sharon McDonald hope to estab• jr,called" 1 of into the "Wings'it Whin ,M will io Muse which would display a� Io ` multitude of air and land craft froms pae various time periods. ^apermit that'is pr,esemly effect Surmundin nei SandyIn , gld on S neighbors. how-. Road I1 and a ,spokesmen for ever, have objected to the Mc- Donalds'operation,present aad fu- See ' A?re'on page 4 GyrrmRastics. 6 Just Folks. Church.News...... Fourth of 4' Dacono Library............7 Police/Fit Loaf; $301.0S s tilpUr,lYaS Wgca►Tar-^aAry1',»*.c,.uxwG';'" a31t4C .�'i . , ✓ '`, "Y' 3 tQ ) those objecting'to McDona h op= but we feel certain this will tad elation,said then were.about two- up in•court,"she added. We dozen people-present to , written reesontfor all'theCasty those opposed,while only t t Mct actions that,have.been alms Well Donalds and two of their neighbors be consulting with our lawyer next' spoke-in'favor of the operation week". :` Ingram said those inA opposi- c- Sharon McDonald explained don have formed an.organization ' that the "application:denied last called.CRASH(Citizens Rebelling week was intended to be long- Against Safety;Hazards)._She said reaching in both time and wS the her group left last week's hearing property might at some time:in- before the Commissioners in . dude,—St,,said :the,application Greeley, with some :."confused. "would last-for the next Way—years, feelings" or some uncertainty and allow-stuff we'd never put about just =≥what had been on, 3tccrrnatbings our kids aighi': accomplished.She said the July 15 do r","r hearing.should;,provide'a definite Mrs.-McDonald expressed lit- indication about what nay or may tie concern abouttheir emrmt;et, not take place on the McDonald, taring;permit.being revoked on property. J 15. If it's revoked, she said, Meanwhile, when interviewed e'll go back to agricultural last weekend, the McDonalds'did about zoning,-and:.won't worry. much not seem particularly upset about aboutt it,.It:won't. bother us.- It the Commissioners'demal-of their ht be our best bet :We vrwt t request. Sharon-McDonald ,re have to mow the weeds, and Jim ported that during last week'shear can have a thousand cars out here ing. those offering testimony_were. if he scteeas them": asked to be sworn-in, but "they --. stood up-and told lies anyway,"she The best discipline,maybe the said only discipline that really-wrnt,is She said she and°her husband self-discipline: - are examining the appeal processes --Walter Kitchell!! td cJ b 0 o t+ MCC $ I n � ;oY i u. 0 k:*k$ T ., a �_ ,.,... ..y �.+ .,:s .43 „•SfKT'7�^r^.**rr-r._n If c 5. . tg Gti • O -� O Ery ti�, ' � Fd a < ,. ^� va 00 a.a -s +y �� rr , �" rr" • a ' ..rte 'to • �t pi. .8, i tt n' 01 { a 1ff11111. II(iLJtHu4ta `: . 18 5.aa v .a 1T•nu,�1-, cam; Q R. -psi c2i ,�5 _Er .a, iv ".�.ta 6 lit iJ4 be 4• • s.,, i t � 5:n � $ :„, 6,:.§2 `'a9}�� Y �,,qpeOO � atj �Oe0.'i' q ^ ei_ •' a.. . o •� " Cr c c.>,a `� yy y'OOyP I.a a C C`$•H.`y3'. ' ��q • oq5gO ��.O �.. •fl a � y ''q� r 7~p,NU •�e8 E � '•. � 0� pO W, � qp� /q` -8.,, 05o $. ng'go •5• W'.Weoe 4ug': 58 . y .. o f •rs.`yy. ,Lw O $�.8 _..•sd s"8 .c u r" a `g ,•..:W • . �, $..> t) ›,C t,•O .^ 8g y O' `. -1 H .11' p0 ,µ•ti ! . A c•-,'fig .e L. �', y' . a.cr Z gib „ -.0, ,ll, 2 d ,.: M SHOW CAUSE DATE: July 15, 1992 CASE #: ZCH-76 USR U: USR-537 NAME: James McDonald ADDRESS: P.O. Box 646 Frederick, CO 80530 LEGAL DESCRIPTION: Part of the SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 16, and east of Weld County Road 11. It is the opinion of the Department of Planning Services staff, that the following Standards as approved for USR-537 are not in compliance: Operation Standard 1 States: The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three sheds; and one enclosed airplane salvage and equipment storage area. The uses are described in applications materials filed with the Department of Planning Services. More structures and uses are located on the property than allowed. Two mobile homes, numerous derelict automobiles, farm tractors, derelict tractor trailer rigs, two airplane salvage and equipment storage areas and trailers used as sheds are located on the property. Operation Standard 4 states: Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. Public access is not being provided for the airport from Weld County Road 16. The two access gates that exist are locked and are not shown on the Special Review permit plat map. 930106 . e e Operation Standard S states: The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. The hangars are not being used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Motorcycles and parts, and derelict autos and auto parts are being stored within the hangars. Operation Standard 15 states: Aircraft designed to be used for the museums shall be displayed in designated areas on the plat. • Aircraft designed to be used for the museum are not displayed in designated areas as shown on the Special Review permit plat map. Display aircraft are stored around the property. Operation Standard 16 states: Junk aircraft shall not be stored on the property except within screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicles. Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment are not stored within the screened area shown on the Special Review permit plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance equipment are stored around the property at different locations and not within the screened security fence area shown on the Special Review permit plat map. Additional junk aircraft storage areas, not shown on the Special Review permit plat map, have been added. Junk automobiles, derelict vehicles and other junk vehicles are stored on the property. Operation Standard 17 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason to revocation of the permit by the Board of County Commissioners. The property owner and or operator of this operation have not complied with all stated standards. Standards 1, 4, 5, 15 and 16 are not in compliance at this time. 930106 • Operation Standard 21 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review has not been limited to the plans shown and stated standards. The noncompliance of Standards 1, 4, 5, 15, 16, 17, and 21 stated heron. The options available to the McDonalds to bring the property into compliance are: A. Remove materials and uses from the property to comply with the approved Special Review permit. B. Apply for a substantial change hearing and if approved apply for either an amended Special Review permit or a Planded Unit Development. The options available to the Board of County Commissioners: A. Revoke the Special Review permit and authorize the County Attorney to proceed with legal action to bring the property into compliance. Issues to be resolved if permit is revoked: vested rights regarding airstrip uses permitted by right in the A (Agricultural) zone district including noncommercial junkyards. B. Grant an extension of time to allow the McDonalds time to bring the property into compliance. C. Grant an extension of time to allow the McDonalds to apply for a Substantial Change Hearing and a Land Use application. 930106 INSPE_(XION REPORT NAME: James McDonald LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 of Section 25, T2N, R68W of the 6th Y.M. , Weld County, Colorado. DATE: July 9, 1992 CASE NUMBER: ZCH-76 and USR-537 The property was inspected to determine compliance with USR-537. The property is not in compliance with standards 1, 4, 5, 15, 16, 17, and 21 as follows; Operation Standard 1 States: The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three sheds; and one enclosed airplane salvage and equipment storage area. The uses are described in applications materials filed with the Department of Planning Services. More structures and uses are located on the property than allowed. Two mobile homes, numerous derelict automobiles, farm tractors, derelict tractor trailer rigs, two airplane salvage and equipment storage areas and trailers used as sheds are located on the property. Operation Standard 4 states: Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. Public access is not being provided for the airport from Weld County Road 16. The two access gates that exist are locked and are not shown on the Special Review permit plat map. Operation Standard S states: The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for use= which create noise and/or vibration noticeable at. or beyond the property line. 93010s A The hangars are not being used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Motorcycles and parts, and derelict autos and auto parts are being stored within the hangars. Operation Standard IS states: Aircraft designed to be used for the museums shall be displayed in designated areas on the plat. Aircraft designed to be used for the museum are nor displayed in designated areas as shown on the Special Review permit plat map. Display aircraft are stored around the property. Operation Standard 16 states: Junk aircraft shall not be stored on the property except within screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other Junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicles. Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment are not stored within the screened area shown on the Special Review permit plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance equipment are stored around the property at different locations and not within the screened security fence area shown on the Special Review permit plat map. Additional junk aircraft storage areas, not shown on the Special Review permit plat map, have been added. Junk automobiles, derelict vehicles and other junk vehicles are stored on the property. Operation Standard 17 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason to revocation of the permit by the Board of County Commissioners. The property owner and or operator of this operation have not complied with all stated standards. Standards 1, 4, 5, 15 and 16 are not in compliance at this Lime. Operation Standard 21 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 930106 A • • The Use by Special Review has not been limited to the plans shown and stated standards. The noncompliance of Standards 1, 4, 5, 15, 16, 17, and 21 stated heron. Current Planner 930106 a pFry fr �Lb 'yy°�. f RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - JAMES NCLIONAID 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'aiffairs of Weld County, Colorado. and WHEREAS. on September 11, 1991, a Show Cause Hearing was, conducted to consider revocation of Special Use Permit #537, issued to James McDonald, and WHEREAS, at said hearing of September 11, 1991, the Board deemed it advisable to continue said matter to October 30, 1991, then to January 29, 1992, at which time said matter was again continued to May 13, 1992, at 10:00 a.m.. and WHEREAS, James McDonald is owner and operator of said facility, located on property described as part of the SWI of Section 25, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing of May 13, 1992, Mr. McDonald not being present or represented, the Planning staff recommended continuing said matter to July 15. 1992, at 10:00 a.m. NOW, THEREFORE, BE IT.RESOLVED by the Board of County Commissioners of Weld County, Colorado, that,the Show Cause Hearing for James McDonald be, and hereby is. continued to July 15, 1992, at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 1992. 1 BOARD OF COUNTY COMMISSIONERS ATTEST:�'� """'�'! /11�eetteh WELD COUNTY, COLORADO Weld County Clerk to the Board *Vs j"ti " F, orge Een1tedy, Chairman Y_ / fa��� j�,�� EXCUSED DATE OF SIGNING (AYE) (f Deputy Clerk to theBoard Constance L. Harbert, Pro-Tam APPROVED AS TO ORM: C. W. r County Attorney W. H. star 930106 920415 �l oR4L x QS . Mato., PL; c.c j i> , R,RIW,j?We. • {\it14 mtmoRAnDur Board of County Commissioners May 13, 1992 To Date ��rr Brian Grubb, Current Planner , /J-/�{ COLORADO From ZCH-74 and ZCH-76, James McDonald Subject; _ The staff recommends that the Board of County Commissioners continue this issue until July 15, 1992. The applicant has submitted an amended Use by Special Review permit to address the development standards that are not in compliance. A hearing before the Board is scheduled for July 1, 1992. Continuing this issue will allow the Board to consider the amendment and allow the applicant time to respond to the decision of the Board prior to the Show Cause Hearing. 930106 • 111 RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - JAMES MCDONALD 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, on September 11. 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit 11537, issued to James McDonald. and WHEREAS, at said hearing of September 11, 1991, the Board deemed it advisable to continue said matter to October 30. 1991, at which time said matter was continued to January 29, 1992. at 10:00 a.m., and WHEREAS, James McDonald is owner and operator of said facility, located on property described as part of the SW} of Section 25, Township 2 North, Range 68 West of the 6th P.M., Weld County Colorado. and WHEREAS, at said hearing of January 29, 1992, Mr. McDonald not being present or represented, the Planning staff recommended continuing said matter to May 13, 1992. to allow final processing of an application for an amended permit, and WHEREAS, the Board deemed it advisable to continue said matter to May 13, 1992, at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado, that the Show Cause Hearing for James McDonald be, and hereby is, continued to May 13, 1992, at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of January, A.D., 1992. / /11,1,4 BOARD OF COUNTY COMMISSIONERS ATTEST: r,. l� WELD CO TY, COLORADO Weld Co y C erto the Board ge Ken edy, Chairman BY: / .iee „4 ` , , �n Deputy Clerk to the Board Constance L. Herber , Pro-Tem APPROVED AS TO FORM: f e. .r�'� �.��/ C. W. Kir / yc----- I iCounty Attorney Gor . a y W. H. We stet 930106 920076 ch�brf G BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jean Hoffman that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Amended USR #537-3 NAME: James McDonald REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an open air museum, airport. jump facility and associated uses in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 W2 SW4 of Section 25, T2N, R6BW of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. be continued, based on the applicants request to amend the application, until April 7, 1992. at 1:30 p.m. Motion seconded by Don Feldhaus. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Bill O'Hare Judy Yamaguchi Don Feldhaus Shirley Camenisch Bud Clemons The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I. Sharyn F. Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on January 21, 1992. ed the 2 -t of Ja -=ry, 1992�� .10. haryn F. Ruff 4-2 Secretary • I. RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - JAMES MCDONALD 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, on September 11, 1991. a Show Cause Hearing was conducted to consider revocation of Special Use Permit #537, issued to James McDonald, and WHEREAS, at said hearing of September 11. 1991, the Board deemed it advisable to continue said matter to October 30, 1991, at 10:00 a.m., and WHEREAS, James McDonald is owner and operator of said facility. located on property described as part of the SW* of Section 25, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, Mr. McDonald was not present, and WHEREAS, on October 30, 1991, the Planning staff informed the Board that Mr. McDonald has submitted an application for an amended permit, and recommended continuing said matter to January 29, 1992, to allow the processing of the amended permit, and WHEREAS, the Board deemed it advisable to continue said matter to January 29, 1992, at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado, that the Show Cause Hearing for James McDonald be, and hereby is, continued to January 29, 1992, at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of October, A.D., 1991. �J� BOARD OF COUNTY COMMISSIONERS ATTEST: j�fa-u i WELD COUNTY, OLORADO Weld County Clerk to the Board Gord a y. airman Deputy Clerk to the Board_.- /eo ge Ke dy, Pro- em �,y��/�y�,� APPROVED AS -"FORM: L c 7317 X11 Constance L. Harbert ounty Attorney C. W. Kirby / 1,4/1/17:1 /129111 W. H. Webster 911292 930106 ekos-'/2 C-c- S IL , H04.O rr4t- J ah;b;t RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - JAMES MCDONALD 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, on September 11, 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #537, issued to James McDonald, and WHEREAS. James McDonald is owner and operator of said facility, located on property described as part of the SW} of Section 25, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Robert Ray, Attorney representing the applicant, and Mr. McDonald were present, and WHEREAS, the Board heard all of the testimony offered concerning this matter and, having been fully informed, did Find that the burden of proof has been met to show the existence of violations of Operation Standards #1, #4, #5, #7, #15, #16, #17, and #21, regarding structures and uses on property, public accesses, use of hangars, trash and refuse, and storage within the designated areas, and WHEREAS, pursuant to said Findings, the Board deems it advisable that Mr. McDonald be allowed 45 days to come into compliance with Special Use Permit #537, which consists of the following violations: 1. More structures and uses are located on the property than allowed. Two mobile homes, numerous derelict automobiles, farm tractors, derelict tractor trailer rigs, two airplane salvage and equipment storage areas and trailers used as sheds are located on the property. 2. Public access is not being provided for the airport from Weld County Road 16. The two access gates that exist are locked and are not as shown on the Special Use Permit plat map. 3. The hangars are not being used strictly for the storage. maintenance, and repair of aircraft and, aircraft equipment. Motorcycles and parts, recreational vehicles, and derelict autos and auto parts are being stored within the hangars. 4. Trash and refuse is not being stored inside a building or an enclosed container. Trash and refuse was observed on site. No trash, however, was observed blowing around or any signs of trash being blown around. 911081 &h; &fD 930116 f' 039a c-. ' i-I L1 ?1., Pan, R, R19-y W 1,-, ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS /Oh DAY OF /rr�rn , 1990 : DOCKET 4% 9/-w 4 9/— SO -- (51,14‘0y{'ter0 & iu, ` cfid(, DOCKET II DOCKET I DOCKET II DOCKET f PLEASE write or print your name legibly, your address and the DOC f (as listed above) or the name of the applicant of the hearing you are attending. . NAME ADDRESS HEARING ATTENDING W. R , c.)elei 307 6/4 il, aao�0e0 .. ' _ '��, , 4;2,2mss(' P /I qq / ♦. ..I► 4s / . C.. - / /. .i ./ . . . I'' i / 7 / , / ,S] 0* (,1 C I a,,.r vh �} . goSo 1. I, " I EIS 75Da' (LX'.F II 1 ;1yf� FtY r,7/ k c/6 `'- F65O� e� /�"ui14 /if 7SDa 7it)(ziG // /r mvn (oSO TTJJ el p �I„ns.n0 l+, S D w C.i2 I( e e.v_ _ 930106 � 9 SHOW CAUSE DATE; September 11, 1991 CASE #: ZCH #76 USR #: 537 NAME: James McDonald ADDRESS: P.O. Box 646 Frederick, CO 80530 LEGAL DESCRIPTION: Part of the SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 16, and east of Weld County Road 11. - It is the opinion of the Department of Planning Services staff, that the following Standards as approved for USR �L537 are not in compliance: Operation Standard #1 states: The uses permitted shall be an airport for no more than twenty-five s airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security pruposes; sixteen protable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three sheds; and one enclosed airplane salvage and equipment storage area. The uses are described in application materials filed with the Department of Planning Services. More structures and uses are located on the property than allowed. Two mobile homes, numerous derelict automobiles, farm tractors, derelict tractor trailer rigs, two airplane salvage and equipment storage areas and trailers used as sheds are located on the property. Operation Standard .54 states: Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. Public access is not being provided for the airport from Weld County Road 16. The two accesse gates that_exist_are locked and are shown on - - the Special Review permit plat map. Operation Standard ##5 states: The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. 930106 t Sxhib:7- C 0 PROBABLE CAUSE - ZCH #76 James McDonald _ Page 2 The hangars are not being used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Motorcycles and parts, recreational vehicles, and derelict autos and auto parts are being stored within the hangars. Operation Standard #7 states: Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties. Trash and refuse is not being stored inside a building or an enclosed container. Trash and refuse was observed on site. No trash, however, was observed blowing around or any signs of trash being blown around. Operation Standard #15 states: Aircraft designed to be used for the museums shall be displayed in the designated areas on the plat. Aircraft designed to be used for the museum are not displayed in the designated areas as shown on the Special Review permit plat map. Display aircraft are stored around the property. Operation Standard #16 states: Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicle. Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment are not stored within the screened area shown on the Special Review permit plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance equipment are stored around the property at different locations and not within the screened security fence area shown on the Special Review permit plat map. Additional junk aircraft storage areas, not shown on the Special Review permit plat map, have been added. Junk automobiles, derelict vehicles and other junk vehicles are stored on the property. Operation Standard #17 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The property owner and or operator of this operation have not complied with all stated standards. Standards #1, 4, 5, 7, 15, and 16 are not in compliance at this time. 0o10s 0 PROBABLE CAUSE - ZCH #76 James McDonald Page 3 Operation Standard #21 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the standards as stated above an all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review has not been limited to the plans shown and stated standards. The noncompliance of Standards #1, 4, 5, 7, 15, 16, 17, and 21 are stated hereon. Based upon the information, the Department of Planning Services staff requests that the Board of County Commissioners revoke Amended USR #537 and authorize the County Attorney to proceed with legal action to bring the property into compliance with the Weld County Zoning Ordinance. 3001 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center. 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 91-50 James McDonald P.O. Box 646 Frederick, CO 80530 DATE: September 11, 1991 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit #537 LEGAL DESCRIPTION: Part of the SW} of Section 25, Township 2 North. Range 68 West of the 6th P.M.. Weld County, Colorado ISSUES: 1. Whether or not the uses currently conducted on the site are in violation of Operation Standard Al which states: "The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to ):' et following: Two hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three shed; and one enclosed airplane salvage and equipment storage area." 930106 Exh i•bif.B 2. Whether or not the uses currently conducted on the site are in violation of Operation Standard #2 which states: "The Use by Special Review Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds," 3. Whether or not the uses currently conducted on the site are in violation of Operation Standard #4 which states: "Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property." 4. Whether or not the uses currently conducted on the site are in violation of Operation Standard #5 which states: "The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line." 5. Whether or not the uses currently conducted on the site are in violation of Operation Standard #7 which states: "Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties." 6. Whether or not the uses currently conducted on the site are in violation of Operation Standard #15 which states: "Aircraft designed to be used for the museums shall be displayed in the designated areas on the plat." 7. Whether or not the uses currently conducted on the site are in violation of Operation Standard which states: "Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperable vehicle." 930106 1 • , 8. Whether or not the uses currently conducted on the site are in violation of Operation Standard #17, which states: "The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners." 9. Whether or not the uses currently conducted on the site are in violation of Operation Standard #19 which states: "The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq., of the Weld County Zoning Ordinance." 24.6.1.6 of the Weld County Zoning Ordinance states: "Properties shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOX'OUS WEEDS." 10. Whether or not the uses currently conducted on the site are in violation of Operation Standard #21, which states: "The Use by Special Review shall be limited 1 to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plan and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services." BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: August 28, 1991 PUBLISHED: August 29, 1991, in The New News 930106 51.0 COUNTY CO +v,ISSI0NE"S i991 SEP -9 A'": 9: 3g STATE OF COLORADO 1 l CLERK s.s. COUNTY OF WELD ) TO THE ooh v David B. Reynolds, being duly sworn, a says that he is publisher at The New News, a weekly newspaper s :: published in Keenesburg in said County w and States that said newspaper has a General Circulation in said County ' and has boon continously and - uninterruptedly • puDliched therein, " .p, r curing a period of at least , a_ fifty-two consecutive weeks prior to y , s the first publication of the annexed �� 'e r a notice= that said newspaper is a , '• • " b , k , newspaper within the meaning of the t n , " -a' act of the 6 1 Assembly of the r State of Colorado,, entitled "An Act to regulate the printing of legal �' • n } �} • • *Me. notices and advertisements," and amendments thereto; that the notice i of which the annexed is a printed ' . - ... w• copy taken from said newspaper, was 1 r published in said newspaper, and in •' .f..' ` ' : ,/L7[' the regular and entire issue oftir it every number thereof , . ? ,icy -T. a,. Once a week for successive weeks; that said notices % ' was so published in said newspaper ' proper and not in any supplement thereof , and that the first publication of said notice as �` aforesaid, was on the M 11d a•, W cJ_ l day of "1wT .., 19 'I , M "� d '' and 'Vast on the �_ day of ni 1 1 . f Diu Subscribed and sworn to before ^ A Q p }�My ib ew me this llp ri/day of ,72,.a,. 4,--i, • m "T ar°•Dt. 191^L. U �"°'�' m 11) Cal •M1K-n-11 e O'C LY-4tiF�.lt�„ L. �.m. Of wt� ..,. . . %,_ + . ...,,..... . ,.V " _ MY Commission er.tes Mara 15.1992 syaAOS • c P 387 472 719 P 387 472 718 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVEMOE PROVIDED FOR INTERNATIONAL MAIL - SNOT FOR.NIfFANATIONAL MAIL James McDonald Robert Ray, Attorney at Law P.O. Box 646 1122 9th Street, Suite 103 Frederick, CO 80530 Greeley, CO 80631 Postage 5 a Postage s r 'Certified Fee CBNNed Fog Special Delivery Fee Special Delivery Fop Restricted Delivery Fee Reeencted Delivery Fee Return Receipt Showing Return Receipt showing. U whom and Date Delivered i� I0 wtpm and Data Dah,grpp D al Return Receipt showing to wt orts iilReturn Recei t snowy t0 wnprn, Date,aiW Address Of Delivery TOTAL Postage and Fees $ TOTAL Postage and Fees S p� Q $ POstmark or Date I Postmark or Oats E pus r.r . 3c), (99I 3333 3O, 199I • �y ; . ' Y I nsi a rD I " Litt'r m ft; o' rli # ! 5i S, ° ° � t11 , tt3 -rot,. g{{ I.. N z t ,:iL k I a C0r CI , G a f n i . ;- n, 'J' iA A r . 1•- 14? ;. IQj RL' �� • 1 1 ° rci '1 �WW $ h4,- ,n, air q RY O hr e' p O Se P W K � .r `R'" `-6) $$ g r 4 $ g 1 � � P R r , s , ft m � 'p'k S E -'e r o , r"K� to 1 Ta y'S {/� 1- ` R L44 'fII' ` .jiff t ' I 'i cf El'N OOD J1 n? I ' kl /r�� gp eett y 1 P t r i•$' `. l i ♦ .iA r° .j t �1yL.3+' t p i4ryI J,SY W fin I. W d' la S. CV' 1*" ' 't ..3' `•'a .. V L'Iwii 0 0 - Lea:H.: -onee�r,COLORADO 80632 ` r• \` 7 , ¶1* L / H.‘. vl S I \\ 1 �� i - C> • n, �„' G ca r o - o x •• c wry` H r. a f _ le r.. oriiq ti :7-G - %�C.? iw•'3S 'n .. 1. O>ti7w h) ••••• " V O "-' J mszve N W • :-._ i-, �' Ca �, Z� ti _ , p 0 I-4G �L N rl ^� rm xi pi • n ti 4. -\\, c_ 1 `L to, c c co " i; _, u `r l n] • W si W x l_ v'` r J O '"7 c O CS•. VIA it ,�p;Y O t• • ff F r 1 s. ��J�: ..""") LLYO�CpyMp1M•N1NY0^•slam-_ 3 930106 b a P,O.BOX 758-GREELEY,COLORADO 80632 Ott 1 C7 O t datir t A O s m m O D 9 V aoc .a c.v, N z mz r.biz ry. — . tm tv 2 M C. m b ts)r 0 —^ N Z ..,.._. 'G. s_ .s o 3rr (Thr. ni o ‘r r' /..._; !7d e Y r tITIC �Z - .a/'.'.H%.I. CJ cs L. lima 930106 0 RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT #537 - JAMES MCDONALD 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, on August 28. 1991. a Probable Cause Hearing was held before the Board to consider setting a Show Cause Rearing to determine whether or not James McDonald, was in compliance with certain Conditions of Approval and Development Standards contained in Special Review Permit #537. and WHEREAS, the alleged violations were said to be occurring on property described as part of the SRI of Section 25, Township 2 North, Range 68 west of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Board, after hearing testimony from the Planning Department, finds that pursuant to the Standard in the Administrative Manual there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not the Special Review Permit issued to James McDonald should be revoked for failure to comply with certain Conditions of Approval and Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not the Special Use Permit issued to James McDonald, should be revoked. BE IT FURTHER RESOLVED by the Board that the issue to be considered by the Board at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Conditions of Approval and Development Standards: Operation Standard #1: The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three sheds; and one enclosed airplane salvage and equipment storage area. 930106 911049 • • Page 2 RE: SET SHOW CAUSE - JAMES MCDONALD • Operation Standard 02: The Use by Special Review Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. Operation Standard #4: Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. Operation Standard #5: The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. Operation Standard #7: Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties. Operation Standard #15: Aircraft designed to be used for the museums shall be displayed in the designated areas on the plat. Operation Standard #16: Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperable vehicle. Operation Standard #17: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of • the Permit by the Board of County Commissioners. recre49 • i Page 3 RE: SET SHOW CAUSE - JAMES MCDONALD Operation Standard #t19: The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. . of the Weld County Zoning Ordinance. Operation Standard #21: The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plan and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such Changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be September 11. 1991, at or about 10:00 a.m., and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley. Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D., 1991. ( (f///v/f/� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD CO , COLORADO Weld County Clerk to the Board •Gord ` ac• , rman '~ By: prc. s _ i^ •r,a Deputy Clerk to theeBoard George Ken edy, Pro-Tem APPROVED AS TO FORM: EXCUSED Constance L. Harbert /' '; ,vim .c �rn County Attorney C. W. Kir-y, `. 6 .(.7i.3 / / .j lM W. H. Webster .930106 911049 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 27th DAY OF January 1993: DOCKET 091-50 - Show Cause Hearing, James McDonald DOCKET 093-06 - Special Review Permit, Conquest Oil Company DOCKET It DOCKET It PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING / .S/ / `i2 4J � 6 fr1 Qc,fU A-Lc1 -7? .<_u"i /o/7 4* iE.- /go II GAC6i/1.t7, 4 ��- 7�o I wrkz l I ` rte ''26 �"✓ ✓tc�/ / / J. ra '7502 we A I I 9301.0S EXHIBIT,,Bn INVENTORY CONTROL SHEElli Case 0141,04,424. - mGA Zdl4LAMGM/ Exhibit Submitted By Exhibit Description Se9/A. ((QoM P an eevd ,&elt,� Nt o �Sht��) aA )thakut %si j/B. I(ktk h gp0"oit0. 7 J/o d +<o ilw t c144l c. l€L t MtLzts. Atif Aiwa f QIGUl,Z - D�CCrudnl g/11i/D. difi k,'o �( �. Mac /7.3 illy 7C.fcaa-ice /O/30I1 E. ( l (/1- / C1naitd_ ,P,aa,92uTs�ffs by`• vv B l&erun-uZD ' /449.1F. /49.1F. atu7cnc�l fribuicw Af: anti/I & UCC �i�nf�ruce� /‘/ G. 4 `�L TU , ���c �r ( An auxamPQl 544,H. iLea C7Yll rv+w /u : an.tuu./ainzei 5/3/9.Q I• Nth.) ID $1,aitd Etat 87 enit.u.caAre..) ho W ,ems - /,vk, • P/*Jtn-a-t' a =.; /rrciptetc :1 p ye nap)/ /- /caw v ) "`) o/ Q/hLt�./s GYtO ,aiYn) (bywol `IL4-cc O GZc4�u'-eho II/6, L. ,iC>rrni.o `7Y-lC . GC. `Attn.- 83 ,( 1eQn nay ��/S M. gl lute. "'//Jry N. ). ( �D c 7f Wk1tDQ to rs3 h/, 42 Arid 1900. U'4n k 40 &0n d > n Am tcn resl.nCe ��a2P tt, .4ninf.,rgtfinnit L�timr Al: �/OPOCALL 716111 1�� Q. �.Q.c�k 7o &�Q 0 604 J 4777a-nua LC 2 ho R• 1Voa s. / f!J anuat A dz eintth atirt ..ci • to(u4jr. o&ind y h .� ��A) Ai /a4 une , irrnF��i ri/ imtsu. rile.(47,b14)) V. w. X. Y. Z. _ 93U3:06 111 PROBABLE CAUSE DATE: August 28, 1991 CASE 1/: 2CH x/76 USR ,9: 537 NAME: James McDonald ADDRESS: P.O. Box 646 Frederick. CO 80530 LEGAL DESCRIPTION: Parr of the SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 16, and east of Weld County Road 11. It is the opinion of the Department of Planning Services staff, that the following Standards as approved for USR {537 are not in compliance: Operation Standard //1 states: The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security pruposes; sixteen protable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three sheds: and one enclosed airplane salvage and equipment storage area. The uses are described in application materials filed :>trh the Department of Planning Services. More structures and uses are located on the property than allowed. Two mobile homes, numerous derelict automobiles, farm tractors, derelict tractor trailer rigs, two airplane salvage and equipment storage areas and trailers used as sheds are located on the property. Operation Standard #2 states: The Use by Spec'41. Review permit area shall be maintained in such a manner so as to prevent ,, 41, erosion, fugitive dust, and the growth of noxious weeds. Noxious weeds (Canadian Thistle) are located on the Use by Special Review site. Operation Standard #4 states: Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. 930106 i 911049 PROBABLE CAUSE - ZCH 1176 James McDonald Page 2 Public access is not being provided for the airport from Weld County Road 16. The two accesses that exist are locked and are not as shown on the Special Review permit plat map. Operation Standard 115 states: The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. The hangars are not being used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Motorcycles and parts, recreational vehicles, and derelict autos and auto parts are being stored within the hangars. Operation Standard {F7 states: Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties. Trash and refuse is not being stored inside a building or an enclosed container. Trash and refuse was observed on site. No trash, however, was observed blowing around or any signs of trash being blown around. Operation Standard l#15 states: Aircraft designed to be used for the museums shall be displayed in the designated areas on the plat. Aircraft designed to be used for the museum are not displayed in the designated areas as shown on the Special Review permit plat map. Display aircraft are stored around the property. Operation Standard #16 states: Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicle. Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment are not stored within the screened area shown on the Special Review permit plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance equipment are stored around the property at different locations and not within the screened security fence area shown on the Special Review permit plat map. Additional junk aircraft storage areas, not shown on the Special Review permit plat map, have been added. Junk automobiles, derelict vehicles and other junk vehicles are stored on the property. 930106 PROBABLE CAUSE - ZCH #76 James McDonald Page 3 Operation Standard #17 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The property owner and or operator of this operation have not complied with all stated standards. Standards #1. 2, 4, 5, 7, and 16 are not in compliance at this time. Operation Standard #19 states: The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 24.6.1.6 of the Weld County Zoning Ordinance states: Property shall be maintained in such a manner that grasses and weeds are not permitted to grown caller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. The property owner is not maintaining the property in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches and the growth of noxious weeds. Weeds, grasses, and NOXIOUS WEEDS (Canadian Thistle) are allowed to grow taller than twelve (12) inches in height. Operation Standard {21 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the standards as stated above an all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review has not been limited to the plans shown and stated standards. The noncompliance of Standards #1, 2, 4, 5, 7, 16, 17, 19, and 21 are stated hereon. Based upon the information, the Department of Planning Services staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on September 11, 1991 to consider revocation of Amended USR {/537. 920106 1 i • DATE: August 28, 1991 VIOLATION NUMBER: ZCH #76 NAME: James McDonald ADDRESS: P.O. Box 646 Frederick, CO 80530 LEGAL DESCRIPTION: Part of the SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY June 25, 1991 The property was inspected. It was determined that the property is not in compliance. July 1, 1991 Violation letter issued. August 8, 1991 The property was inspected. The property is still in violation. August 13, 1991 Letter sent to property owner indicating that a Probable Cause Hearing was scheduled for August 28. 1991. 930106 • • WNSYECTION REPORT NAME: James McDonald LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. DATE: August 8, 1991 CASE NUMBER: 2CH #76 Special Review Permit: Amended USR #537 The property was inspected to determine if the property is now in compliance with the Operation Standards. Standards ail, 2, 4, 5, 7, 15. 16, 17, 19, and 21 are still not in compliance. Operation Standard #1 states: The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security pruposes; sixteen protable T hangars: one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three sheds; and one enclosed airplane salvage and equipment storage area. The uses are described in application materials filed with the Department of Planning Services. More structures and uses are located on the property than allowed. Two mobile homes, numerous derelict automobiles, farm tractors, derelict tractor trailer rigs, two airplane salvage and equipment storage areas and trailers used as sheds are still located on the property. Operation Standard #2 states; The Use by Special Review permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. Noxious weeds (Canadian Thistle) are located on the Use by Special Review site. A majority of the noxious weeds have been removed. Operation Standard #4 states: Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. Public access is not being provided for the airport from Weld County Road 16. The two accesses that exist are locked and are not as shown on the Special Review permit plat map. 930106 • • INSPECTION REPORT - ZCH #76 James McDonald Page 2 Operation Standard #5 states: The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. The hangars are not being used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Motorcycles and parts, recreational vehicles, and derelict autos and auto parts are being stored within the hangars. Operation Standard #7 states: Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties. Trash and refuse is not being stored inside a building or an enclosed container. No trash, however, was observed blowing around or signs of trash being blown around. Operation Standard #15 states: Aircraft designed to be used for the museums shall be displayed in the designated areas on the plat. Aircraft designed to be used for the museum are not displayed in the designated areas as shown on the Special Review permit plat map. Display aircraft are stored around the property. Operation Standard #16 states: Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicle. Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment are not stored within the screened area shown on the Special Review permit plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance equipment are stored around the property at different locations and not within the screened security fence area shown on the Special Review permit plat map. Additional junk aircraft storage areas, not shown on the Special Review permit plat map, have been added. Junk automobiles, derelict vehicles and other junk vehicles are stored on the property. 930106 • • INSPECTION REPORT - ZCH #76 James McDonald Page 3 Operation Standard #17 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The property owner and or operator of this operation have not complied with all stated standards. Standards #1, 2, 4, 5, 7, and 16 are not in compliance at this time. Operation Standard #19 states: The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 24.6.1.6 of the Weld County Zoning Ordinance states: Property shall be maintained in such a manner that grasses and weeds are not permitted to grown taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. The property owner is not maintaining the property in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches and the growth of noxious weeds. Weeds, grasses, and NOXIOUS WEEDS (Canadian Thistle) are allowed to grow taller than twelve (12) inches in height. Operation Standard j21 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the standards as stated above an all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review has not been limited to the plans shown and stated standards. The noncompliance of Standards #1, 2, 4, 5, 7, 16, 17, 19, and 21 are stated hereon. A video was taken during this inspectiofAl . . chuett f� Current Planner n pc: Lee Morrison, Assistant County Attorney 930106 • ...P-*79 309 152 P_L79 309 153 RECEIPT FOR CERTIFIED MAIL rTcCEIPT FOR CERTIFIED MAIL • NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT POR INTERNATiDNAL MAIL (See Reverse) (See Reverse) fTMENT OF PLANNING SERVICES PHONE(903)336-4000.EXT.maxs°"``° James MCDOna1 d I Matr,tin Mansfield 9u,OtnSTREET • GREELEY.COLORADO 80631 # S4911 Garrison. #103 3 t45"dtt Parkway Pl�fieatridger,'°`CO 80033 o PEriajatewoods CCO 80111 c O Postage 1 d Postage 1 N J * Certified Fee a Certified Fee Special Delivery Fee Special Delivery Fee Postnatal Delivery Fee Restricted Delivery Fee Return Receipt Showing Return Receipt Snowing to whom and Date Delivered to wnom and Date Delivered M Return ryceipt slowing to whom. H Return SSW snowing to wnom. S Date.end Address of Delivery S Date.and Address of Delivery A TOTAL Postage and Fees 1 A TOTAL Postage and Fees• 1 W w Postmark or Dat. Q Postmark or Date I July 1, 1991 t�'E July 1 , 1991 n a a :ad on June 25, 1991, to """.'"—determine it the Upes(ation Standards placed on your property at the time the Special Use Permit was approved by the Board of County Commissioners, are in compliance. The inspection revealed violations of Operation Standards #1, 2, 4, 5, 7, 12, 15, 16, 17, 19. and 21. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Operation Standards within 30 days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter. please call or write. Sincerely, fld;(e... 227? Schtiet Current Planner enclosures pc: Lee Morrison. Assistant County Attorney Martin Mansfield 5445 DTC Parkway Englewood, CO 80111 930106 INSPECTION REPORT NAME: James McDonald LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. DATE: June 25, 1991 CASE NUMBER: 2CH #76 Special Review Permit: #USR-537 The property was inspected to determine compliance with operation standards. Standards 4i 1, 2, 4, 5, 7, 12, 15, 16, 17, 19, and 21 are not in compliance. Operation Standards #1 states: The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three sheds; and one enclosed airplane salvage and equipment storage area. The uses are described in application materials filed with the Department of Planning Services. More Structures and uses are located on the property than allowed. Two mobile homes, numerous derelict automobiles, farm tractors, derelict tractor trailer rigs, two airplane salvage and equipment storage areas and trailers used as sheds are located on the property. Operation Standard #2 states: The Use by Special Review Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. Noxious weeds (Canadian Thistle) are located on the Use by Special Review site and are not being controlled. Operation Standard #4 states: Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. Public access is not being provided for the airport from Weld County Road 16. The two accesses that exist are locked and are not as shown on the Special Review permit plat map. 930'.06 • • INSPECTION REPORT - ZCH {#76 Page 2 Operation Standard #5 states; The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. The hangars are not being used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Motorcycles and parts, recreational vehicles, and derelict autos and auto parts are being stored within the hangars. Operation Standard #7 states: Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties. Trash and refuse is not being stored inside a building or an enclosed container. Trash and refuse was observed on the back of a pick-up truck, and some on the ground. No trash was observed blowing around or signs of trash being blown around. Operation Standard #12 states: A storage tank of sufficient size to hold 3,500 gallons of water shall be maintained on the property for fire protection of the property. The storage tank shall have the approval of the Longmont Fire Protection District. The 3,500 gallon water storage tank for Fire Protection is not being maintained. The valve and lock are not being maintained in a condition that they could be operated. Operation Standard #15 states; Aircraft designed to be used for the museum shall be displayed in the designated areas on the plat. Aircraft designed to be used for the museum are not displayed in the designated areas as shown on the Special Review permit plat map. Display aircraft are stored around the property. 9301.09 • INSPECTION REPORT - ZCH#76 Page 3 Operation Standard x/16 states: Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. Al junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicle. Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment are not stored within the screened area shown on the Special Review permit plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance equipment are stored around the property at different locations and not within the screened security fence area shown on the Special Review permit plat map. Additional junk aircraft storage areas, not shown on the Special Review permit plat map, have been added. Junk automobiles, derelict vehicles and other junk vehicles are stored on the property. Operation Standard x/17 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The property owner and or operator of this operation have not complied with all stated standards. Standards #1, 2, 4, 5, 7, 12, and 16 are not in compliance at this time. Operation Standard #19 states: The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 24.6.1.6 of the Weld County Zoning Ordinance states: Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. The property owner is not maintaining the property in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches and the growth of noxious weeds. Weeds, grasses, and NOXIOUS WEEDS (Canadian Thistle) are allowed to grow taller than twelve (12) inches in height. 930195 INSPECTION REPORT - ZCH#76 Page 4 Operation Standard x/21 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review has not been limited to the plans shown and stated standards. The noncompliance of Standards /1, 2, 4, 5, 7, 12, 16, 17, 19, and 21 are stated hereon. One 15 minute video was taken during this inspection. 9301.95 • )12a:i CU C7 RESOLUTION Weld Co. Planning Cumassam RE: APPROVAL OF AMENDMENTS TO USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS - JAMES McDONALD 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 of County Commissioners held a public hearing on the 29th day of May, 1985, at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of hearing the application of James McDonald, 11940 West Independence, Golden, Colorado 80401, for amendments of Use by Special Review Development Standards on the following described real estate, to-wit: Part of the Eh Wh SW;, Section 25 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, WHEREAS, only four Commissioners were present at this hearing, and the vote taken resulted in a tie; therefore, it was determined that the absent Commissioner, C.W. Kirby, would listen . to the tapes concerning this hearing and cast the deciding vote on June 17, 1985 , and WHEREAS, at the Board meeting of June 17 , 1985, Commissioner Kirby cast a favorable vote and it was determined that this request be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 .2 of the Weld County Zoning Ordinance as follows: 930'106. i Page 2 RE: AMEND DEVELOPMENT STANDARDS - McDONALD • a. The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone District. The proposal does not appear to have any adverse impacts on the agricultural - interests of the County or the environment. b. The proposal is consistent ;with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The use is both compatible with existing agricultural activities and with any future agricultural use as identified in the Comprehensive Plan. d. No overlay districts affect the site. e. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for amendment of Use by Special Review Development Standards on the hereinabove described parcel of land ..be, and hereby is, granted subject to the following conditions: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The Use by Special Review plat shall be submitted to the Department of Planning Services within thirty days from the date of approval by the Board of County Commissioners. The plat shall be amended to include legal descriptions for the five property owners to the west of the Use by Special Review area who are requesting private access to the area. 3 . Additional building or electrical permits shall not be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 930106 i. • •' Page 3 RE: AMEND DEVELOPMENT STANDARDS - McDONALD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D. , 1985. �f BOARD OF COUNTY COMMISSIONERS ATTEST: , , euenaun./ WELD COUNT , COLORADO Weld County Clerk and Recorder (NAY) and Clerk to the Board J line hnson, Chairman tbufr Pam (AYE) B � ?7X�r�tc.Ri �J Gene R. Brantner, Pro-Tern /Deputy County Clerk (AYE) APPROVED AS TO FORM: C.W.K -42 • J F frf�d (AYE) ��'��111111' � �i County Attorney L '1,:!?4'9ll (t (NAY) r Fank Sua hi • 93.01.06 • • • OPERATION STANDARDS James M. McDonald Amended USR-537: 85:14 1. The uses permitted shall be an airport ,for no ;more than twenty-five airworthy =aircraft and ' :an , :antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; --tliree sheds; and one enclosed airplane salvage and equipment storage area. The uses are described in application materials filed with the Department of Planning Services. • 2. The Use by Special Review Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds_ 3, Separate toilets shall be installed for each sex at the rate of two for the first one hundred persons and one for each additional one hundred persons, or fraction thereof. 4. Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. , Said accesses shall be clearly labeled on the property- . 5. The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8 :00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. 6. Hours of operation for the airport operation shall be from dawn to sunset, but no later than 8: 00 p.m. 7. Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties. 8 . A four strand barbed wire fence shall be constructed along the entire west side of the property with five private access points for , use by the following adjacent properties: 7352 Weld County Road 11 ; 7402 Weld County Road 11; 7462 Weld 9= 0?OS • • Page 2 OPERATION STANDARDS - MCDONALD County Road 11; 5053 Weld County Road 16; and 5059 weld County Road 16 . The accesses may be used for ingress and egress for aircraft and vehicles. The property owner(s) and/or operatoris) of the airstrip shall be responsible for maintaining the fence and keeping it in good repair and free from debris. The fence shall be constructed within sixty days of the date of approval by the Weld County Board of County Commissioners. 9 . A sign shall be posted on the 'property containing the limitations as to use, including hours of operation, and number of airworthy aircraft permitted. 10 . A parking area of sufficient size to park one hundred vehicles shall be located on the property. Other parking areas may be allocated for the use of the operators of the planes in storage in the hangars. The parking areas shall conform to the requirements of Section 41.1 .3 of the Weld County Zoning Ordinance. No parking shall be allowed on Weld County Road 16 . All traffic shall be controlled within the confines of the property. 11 . The building and fuel storage plans shall conform with the Longmont Fire Protection District requirements. 12. A storage tank of sufficient size to hold 3 ,500 gallons of water shall be maintained on the property for fire protection of the property. The storage tank shall have the approval of the Longmont Fire Protection District. 13. The gas pumps shall be approved by the Longmont Fire Protection District. 14 . The owner/operator shall maintain a. ditch for traffic control on the south side of the property. 15 . Aircraft designed to be used for the museum shall be displayed in the designated areas on the plat. 16. Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicle. 930106 Page 3 OPERATION STANDARDS - McDONALD 17. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 18 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 .5 ..et .'seq. ,, of the Weld County Zoning Ordinance. 19 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 20 . Representatives or members of the Weld County Health Department, Longmont Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 21. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning services. 930106 ea /3d/f�J‘g • • rel`lri c, C"U 5O,- eiserS t114 DEPARTMENT OF PLANNING SERVICES PHONE(3031356J0M EXT.u00 91510th STREET GREELEY.COLORADO sMOI WI I �i COLORADO July 1. 1991 James McDonald 4911 Garrison, $103 Wheatridge, CO 80033 Subject: ZCH-76 Dear Mr. McDonald: An on-site inspection of your property was conducted on June 25, 1991, to determine if the Operation Standards placed on your property at the time the Special Use Permit was approved by the Board of County Commissioners, are in compliance. The inspection revealed violations of Operation Standards #1, 2, 4, 5, 7, 12, 15, 16, 17, 19, and 21. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Operation Standards within 30 days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. Sincerely, .�kR-A. Sch4CG eri" Current Planner enclosures pc: Lee Morrison, Assistant County Attorney Martin Mansfield 5445 DTC Parkway Englewood. CO 80111 920106 • • INSPECTION REPORT NAME: James McDonald LEGAL DESCRIPTION OF PROPERTY: Pct of the SW4 of Section 25, TIN, R68W of the 6th P.M. , Veld County, Colorado. DATE: June 25, 1991 CASE NUMBER: ZCH #76 Special Review Permit: #USR-537 The property was inspected to determine compliance with operation standards. Standards # 1, 2, 4, 5, 7, 12, 15. 16, 17, 19, and 21 are not in compliance. Operation Standards #1 states: The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars: one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three sheds; and one enclosed airplane salvage and equipment storage area. The uses are described in application materials filed with the Department of Planning Services. More Structures and uses are located on the property than allowed. Two mobile homes, numerous derelict automobiles, farm tractors, derelict tractor trailer rigs, two airplane salvage and equipment storage areas and trailers used as sheds are located on the property. Operation Standard #2 states: The Use by Special Review Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. Noxious weeds (Canadian Thistle) are located on the Use by Special Review site and are not being controlled. Operation Standard #4 states: Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. Public access is not being provided for the airport from Weld County Road 16. The two accesses 'tat exist are locked and are not as shown on the Special Review permit ?lst map. 930106 INSPECTION REPORT - ZCH #76 Page 2 Operation Standard #5 states: The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8:00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. The hangars are not being used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Motorcycles and parts, recreational vehicles, and derelict autos and auto parts are being stored within the hangars. Operation Standard #7 states: Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties. Trash and refuse is not being stored inside a building or an enclosed container. Trash and refuse was observed on the back of a pick-up truck, and some on the ground. No trash was observed blowing around or signs of trash being blown around. Operation Standard #12 states: A storage tank of sufficient size to hold 3,500 gallons of water shall be maintained on the property for fire protection of the property. The storage tank shall have the approval of the Longmont Fire Protection District. The 3,500 gallon water storage tank for Fire Protection is not being maintained. The valve and lock are not being maintained in a condition that they could be operated. Operation Standard #15 states: Aircraft designed to be used for the museum shall be displayed in the designated areas on the plat. Aircraft designed to be used for the museum are not displayed in the designated areas as shown on the Special Review permit plat map. Display aircraft are stored around the property. 930106 • • INSPECTION REPORT - ZCH476 Page 3 Operation Standard #16 states: Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicle. Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment are not stored within the screened area shown on the Special Review permit plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance equipment are stored around the property at different locations and not within the screened security fence area shown on the Special Review permit plat map. Additional junk aircraft storage areas, not shown on the Special Review permit plat map, have been added. Junk automobiles, derelict vehicles and other junk vehicles are stored on the property. Operation Standard #17 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The property owner and or operator of this operation have not complied with all stated standards. Standards #1, 2, 4, 5, 7, 12, and 16 are not in compliance at this time. Operation Standard #19 states: The applicant shall comply with the Operation Standards for rises by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 24.6.1.6 of the Weld County Zoning Ordinance states: Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. The property owner is not maintaining the property in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches and the growth of noxious weeds. Weeds, grasses, and NOXIOUS WEEDS (Canadian Thistle) are allowed to grow taller than twelve (12) inches in height. 930109 INSPECTION REPORT - ZCH#76 Page 4 Operation Standard #2I states: The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the hoard of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review has not been limited to the plans shown and stated standards. The noncompliance of Standards #1, 2, 4, 5, 7, 12. 16, 17, 19, and 21 are stated hereon. One 15 minute video was taken during this inspection. 9301% r- • • JUN 2.1) 1985 • • RESOLUTION Weld Co. Pbftnin Cumm,mw RE: APPROVAL OF AMENDMENTS TO USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS - JAMES McDONALD 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 of County Commissioners held a public hearing on the 29th day of May, 1985, at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of hearing the application of James McDonald, 11940 West Independence, Golden, Colorado 80401, for amendments of Use by Special Review Development Standards on the following described real estate, to-wit: Part of the Eh Wh SW$, Section 25 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits • and evidence presented in this matter and, WHEREAS , only four Commissioners were present at this hearing, and the vote taken resulted in a tie; therefore, it was determined that the absent Commissioner, C.W. Kirby, would listen to the tapes concerning this hearing and cast the deciding vote on • June 17, 1985 , and WHEREAS, at the Board meeting of June 17, 1985 , Commissioner Kirby cast a favorable vote and it was determined that this request be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 .2 of the Weld County Zoning Ordinance as follows: 9301 OS r • Page 2 RE: AMEND DEVELOPMENT STANDARDS - MCDONALD a. The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone District. The proposal does not appear to have any adverse impacts on the agricultural - interests of the County or the environment. • b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. C. The use is both compatible with existing agricultural activities and with any future agricultural use as identified in the Comprehensive Plan. d. No overlay districts affect the site. e. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for amendment of Use by Special Review Development Standards on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: • 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The Use by Special Review plat shall be submitted to the Department of Planning Services within thirty days from the date of approval by the Board of County Commissioners. The plat shall be amended to include legal descriptions for the five property owners to the west of the Use by Special Review area who are requesting private access to the area. 3. Additional building or electrical permits shall not be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 9300E • • Page 3 RE: AMEND DEVELOPMENT STANDARDS - McDONALD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D. , 1985. � BOARD OF COUNTY COMMISSIONERS ATTEST: 1 `-Jy��0i � � �"`� WELD COUNT , COLORADO Weld County Clerk and Recorder (NAY) and Clerk to the Board J line hnson, Chairman �d! got/70-17044t (AYE) BY`\�y,'fa? c,'tt�✓ � c�J Gene R. Brantner, Pro-Tem Deputy County Clerk "4: //,./77 APPROVED AS TO FORM: C.W. xis (AYE) _� ///// �, — ._ (AYE) 0ci7�GHQ/ G¢f E �T. Z /�/ • County Attorney ✓//J2/� if'7. er (NAY) Frank amagucfi 920'05 • • • OPERATION STANDARDS James M. McDonald Amended USR-537:85:14 1. The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two • hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars; one maintenanc building; one shop and trailer used in conjunction with the parachute jump operation; '"three sheds; and one enclosed airplane salvage and equipment storage area. The uses are described in application materials filed with the Department of Planning Services. 2. The Use by Special Review Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. 3 . Separate toilets shall be installed for each sex at the rate of two for the first one hundred persons and one for each additional one hundred persons, or fraction thereof. 4 . Two public accesses for the airport from Weld County Road 16 to the site shall be maintained. Said accesses shall be clearly labeled on the property. 5. The hangar shall be used strictly for the storage, maintenance, and repair of aircraft and aircraft equipment. Maintenance and repair of aircraft shall be permitted only between the hours of 8 :00 a.m. and sunset for uses which create noise and/or vibration noticeable at, or beyond the property line. • 6. Hours of operation for the airport operation shall be from dawn to sunset, but no later than 8:00 p.m. 7 . Trash and refuse shall be removed from the property regularly. All trash not removed shall be stored inside a building or an enclosed container to prevent blowing of refuse onto surrounding properties. 8 . A four strand barbed wire fence shall be constructed along the entire west side of the property with five private access points for use by the following adjacent properties: 7352 weld County Road 11 ; 7402 Weld County Road 11; 7462 weld 9301.99 • iMk • Page 2 OPERATION STANDARDS - McDONALD County Road 11; 5053 weld County Road i6; and 5059 Weld County Road 16. The accesses may be used for ingress and egress for aircraft and vehicles. The property owner(s) and/or operator(s) of the airstrip shall be responsible for maintaining the fence and keeping it in good repair and free from debris. The fence shall be constructed within sixty days of the date of approval by the Weld . County Board of County Commissioners. 9. A sign shall be posted on the property containing the limitations as to use, including hours of operation, and number of airworthy aircraft permitted. 10 . A parking area of sufficient size to park one hundred vehicles shall be located on the property. Other parking areas may be allocated for the use of the operators of the planes in storage in the hangars. The parking areas shall conform to the requirements of Section 41.1.3 of the Weld . County Zoning Ordinance. No parking shall be allowed on Weld County Road 16. All traffic shall be controlled within the confines of the property. 11. The building and fuel storage plans shall conform with the Longmont Fire Protection District requirements. 12 . A storage tank of sufficient size to hold 3,500 gallons of water shall be maintained on the property for fire protection of the property. The storage tank shall have the approval of the Longmont Fire Protection District. 13. The gas pumps shall be approved by the Longmont Fire Protection District. 14 . The owner/operator shall maintain a. ditch for traffic control on the south side of the property. 15. Aircraft designed to be used for the museum shall. be displayed in the designated areas on the plat. 16 . Junk aircraft shall not be stored on the property except within the screened area provided by the solid security fence. The security fence shall also enclose all aircraft salvage parts and aircraft maintenance equipment kept on the site. Junk automobiles or other junk vehicles shall not be stored on the property. A junk car or vehicle shall be construed to be any dismantled, unlicensed or inoperative vehicle. 930"x.".IS S • Page 3 OPERATION STANDARDS - McDONALD 17 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated - Standards may be reason for revocation of the Permit by the Board of County Commissioners. 18. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 ..et' ,seq_ ; of the Weld County Zoning Ordinance. • 19. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 20 . Representatives or members of the •Weld County Health Department, Longmont Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 21. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. • 02,01.0S ! • CERTIFICATE OF M{kI LINC I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number 2CH #76 for James McDonald in the United States Mail, postage prepaid First Class flail by letter as addressed on the attached list. this 14th day of August, 1991. \10}0}ti-Or*S-2Z0 9301.06 • • • tIW DEPARTMENT OF PLANNING SERVICES TT PHONE(303)356+4000,E%T.MOO I 91510th STREET GREELEY,COLORADO&Mt COLORADO TO: SURROUNDING PROPERTY OWNERS Subject: ZCH - 76 NAME: James McDonald FOR: An amended Special Review permit for an airport. LEGAL DESCRIPTION: Part of the E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 16 and east of Weld County Road 11. A Probable Cause Public Hearing is scheduled before the Weld County Board of County Commissioners on Wednesday, August 28, 1991. at 9:OO a.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 1Oth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number USR #537 for compliance with the Operation Standards as approved by the Board of County Commissioners on June 17, 1985, to determine if probable cause exists to hold a hearing on revocation of USR #537. You are receiving this notification because your property is within five-hundred (5OO) feet of the property being reviewed. All persons in any manner interested are requested to attend and may give testimony pertaining to USR #537 and the uses occurring on the approved site. For additional information write or telephone, Keith A. Schuett, Current Planner. 9301.06 f • SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS James McDonald ZCH #76 Grisham, Leslie and Aline 131325000006 P.O. Box 43 Firestone, CO 80520 Miller, Cecil S. and Michelle J. 131325000007 7402 Weld County Road 11 • Longmont, CO 80501 Peterson, Rustin Dale 131325000008 7352 Weld County Road 11 Longmont, CO 80501 Foote, Jon 0. and Lori A. 131325000010 5059 Weld County Road 16 Longmont, CO 80501 Herson, Edward A. and Carol L. 131325000011 P.O. Box 27 Frederick, CO 80530 Gaulke, Ronald G. and Katherine M. 131325000013 N. 6637 South Island View Drive Watertown, WI 53094 Munoz, Frank 131325000053 P.O. Box 494 Firestone, CO 80520 Stewart, Charles L. and Denise 131325000054 7200 Weld County Road 11 Longmont, CO 80501 Jubenville, Russell G. and Helen I. 131325203003 7592 Weld County Road 11 Longmont, CO 80501 Smith, Willie B. and Myrna and 131325203004 Erskine, Charles C. and Glenda M. and Davies, Patricia L. and xillough L. Ray 1039 Gay Street Longmont, CO 80501-4312 Dacono Investment Company 6825 Tennessee, #235 Denver, CO 80224 9301.0$ • • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE ' Application No. �f Subject Property/? �5kA4- 25-2- (Q8 STATE OF COLORADO ) SB. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. The foregoing instrument was subscribed and sworn to before me this day of 4/`�{ g'/ , I9a. WITNESS my d-and official seal. Ng Commission expires: Sty commission expires October 15. 1994. N a tire / rye. / f a h /t 't y e . 9201.06 ` • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Weld Centennial Center,Commissioners 91f 5 10th Street. First Floor, Greeley,ty. Colorado, at do. Weld a the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners. located in the Weld County Centennial Center, 915 10th Street. Third Floor, Greeley, Colorado. DOCKET NO. 91-44 James McDonald 4911 Garrison. 0103 Wheatridge. CO 80033 DATE: September 11. 1991 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit 0537 LEGAL DESCRIPTION: Part of the E} Wf SE} of Section 25, Township 2 North. Range 68 West of the 6th P.M., Weld County, Colorado ISSUES: 1. Whether or not the uses currently conducted on the site are in violation of Operation Standard 01 which states: -The uses permitted shall be an airport for no more than twenty-five airworthy aircraft and an antique museum. Structures on the facility are limited to the following: Two hangars; one accessory mobile home used as an office and residence for security purposes; sixteen portable T hangars; one maintenance building; one shop and trailer used in conjunction with the parachute jump operation; three shed; and one enclosed airplane salvage and equipment storage area." 9301.06 gl 2. Whether or not the uses currently conducted on the site are in violation of Operation Standard #17, which states: "The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners." 3. Whether or not the uses currently conducted on the site are in violation of Operation Standard #21. which states: "The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plan and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. " BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Cathy Plot. Deputy DATED: June 19. 1991 PUBLISHED: August 29. 1991, in The New News 930106 RESOLUTION RE: ACTION OF BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (BRINEWATER DISPOSAL) IN THE A (AGRICULTURAL) ZONE DISTRICT - CONQUEST OIL COMPANY 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 of County Commissioners held a public hearing on the 27th day of January, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Conquest Oil Company, 3400 West 16th Street, Suite 6L, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SEL SE} of Section 8, Township 4 North, Range 64 West of the 6th P.M. , Weld County. Colorado WHEREAS, said applicant was not represented, and WHEREAS. at said hearing of January 27, 1993, Planning staff recommended the Board continue said matter to February 10, 1993 to allow time for it to be heard by the Planning Commission, and WHEREAS, the Board deems it advisable to continue said matter to February 10, 1993 at 10:00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an oil and gas support facility (brir,.ewater disposal) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, continued to February 10, 1993 at 10:00 a.m. 930107 .PLOSG7- 0c. • PL., /-APP, Hl. , -I1OI' o SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 1993. Lakebth BOARD OF COUNTY COMMISSIONERS ATTEST: WEL COUNTY, COLORADO weld County Clerk to the Board 142- . r- ez f Constance L Harbert, Chairman /`[BY: rf4/ �r � � /Al ` � Deputy Clerk to the Boar W. H. ebster, Pro-Tem V' APPROVED S TO FORM: c /✓"ALGA eorge . Baxter �/✓t %� -- U County Attorney bale K. Ha Barbara J. Kirkmey r 6/ 930107 RESOLUTION RE: APPROVE APPOINTMENT AND REAPPOINTMENTS TO WELD COUNTY PLACEMENT • ALTERNATIVES COMMISSION 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, vacancies currently exist on the Weld County Placement Alternatives Commission, and WHEREAS, it has been recommended that Dr. Mary Braud be appointed, in the physician position, to said commission, and WHEREAS, it has been recommended that Norton Nelson and Dennis Warnamunde be reappointed, in lay community positions, to said commission, and WHEREAS, it has been recommended that Judy Griego be reappointed, in the social services position, to said commission, and WHEREAS, the Board deems it advisable to appoint Dr. Mary Braud to said commission, with her term to expire December 31, 1995. WHEREAS, the Board deems it advisable to reappoint Norton Nelson, Dennis Warnamunde, and Judy Griego to said commission, with their terms to expire December 31, 1995. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado. that Dr. Mary Braud be, and hereby is, appointed to the Weld County Placement Alternatives Commission, with her term to expire December 31, 1995. BE IT FURTHER RESOLVED by the Board that Norton Nelson, Dennis Warnamunde, and Judy Griego be, and hereby are, reappointed to said commission, with their terms to expire December 31, 1995. 930111 � ><J�-tea CG ' �. Q, rT c 5 � Y/i Ac APPOINTMENT - PAC Page 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January. A.D.. 1993. /��„ 'LG2 BOARD OF COUNTY COMMISSIONERS ATTEST: //U(/(/,/!A/(// WE COUNTY, COLORADO Weld County lerk to the Board //� /J Constance L. H rb r Chairman BY: /it/I / 0, . �-�� l Deputy Clerk to the Board.` w. H. bster, Pro- APPROVED AS TO FORM: e E. Baxter ounty At orney Dal K. Hall L Barbara J. Kirkmeyer 930111 Please add the following to the board's Wednesday, January 27, 1993, agenda: Weld County Placement Alternatives Commission Dr. Mary Braud will be appointed in the physician position. Her term will expire 12/31/95. Norton Nelson and Dennis Warnamunde will be reappointed in lay community positions with terms expiring 12/31/95. Judy Griego will be reappointed in the social services position. Her term will expire 12/31/95. 930111 SSooaQ- - -- - RESOLUTION RE: APPOINT DELEGATE TO REPRESENT WELD COUNTY AT ANNUAL MEETING OF THE RURAL DITCH COMPANY 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, it has been determined that Weld County should have a delegate to act as its representative at the annual meeting of The Rural Ditch Company, which is scheduled for February 15, 1993, and WHEREAS, the Board deems it advisable to appoint Barbara Kirkmeyer as the delegate to represent Weld County at said meeting. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Barbara Kirkmeyer be, and hereby is, appointed as the delegate to represent Weld County at the annual meeting of The Rural Ditch Company, said meeting being scheduled for February 15, 1993. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign the proxy appointing Barbara Kirkmeyer to represent Weld County at said annual meeting. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 1993. ��,� BOARD OF COUNTY COMMISSIONERS ATTEST: """'v/ /f,7114447 WEL COUNTY, COLORADO Weld County Clerk tothe Board �/ �- Constan� H the t, hair tileituffir Deputy Clerk to thetoacd_ W. H. W- .ster, Pro APPROVED AS TO FORM: �• e E. %xter -2{/%1r Co y Attorney AbJ K. Hall ra J. Kirkme r 930112 BCaor8 c.c. 13c , 13, si RURAL DITCH COMPANY -. , 4311 HIGHWAY 66 CL r; LONGMONT, CO 80504 TO ,; January 15, 1993 • . Dear Stockholder: y�C - r q %%� The annual meeting of the stockholders of the Rural Ditch ,' ; ` Company will be held Monday, February 15, 1993 at 2 P.M. i `'. : in the meeting room of the Rocky Mountain Office Building in the Sekich Business Park; 4311 Highway 66, Longmont, CO. pc-, M Financial reports will be presented and plans for 1993 will be i discussed. '' Even if you are planning to attend, please sign the proxy *' below cnd return it to the above address. Sincerely, • Jody Anderson, Secretary PROXY I elect Barbara Kirlmexer to vote my proxy at "'' the annual meeting of The Rural Ditch Company on ti, . ' Fecr' cr 15, /99 �.: ATTEST: ift-fay-- /,' f D/A . / d 1 Oa/o ` " WELD ' u :T1' CCLLER• TOT E BOARD Stockholder 3 BY coAdi eecerWrLL7 COUNTY COMM:[GS 'CNEPS CLERKTPTT EBOA 91;: 1oTH 5T .Ec D _EPUiY �� T:;, ELEY CC 306_,7. AI . 930112 w. 'cc- 1SC 0a�r) t . : , Q y ' COL :7 vr. •r�nlr RURAL DITCH COMPANY 1993 iLj F:'� L4 !-1 !0: 130 4311 HIGHWAY 66 Q� LONGMDNT, CO 80504 CAE^;; February 16, 1993 !v j;{: :rn• Shareholders: Due to a lack of quorum on February 15, 1993, the annual meeting has been rescheduled for Tuesday, March 9, 1993 at 3:00 p.m. in the meeting room of the Rocky Mountain Office Building in the Sekich Business Park; 4311 Highway 66, Longmont CO. Financial reports for 1992 will be presented and plans for 1993 will be discussed. The Directors of the Rural Ditch Company have resolved that two cuestions be brought before a vote of the shareholders at the annual meeting. The first question is whether the Company should elect to be governed by the provisions of the Colorado Nonprofit Act as opposed to the "for profit code" . A 2/3 vote of the shareholders present at the meeting is necessary to elect the nonprofit code. The second question is whether the following proposed Amendment to the Articles of Incorporation should be adopted. Again, a 2/3 vote is necessary to adopt this article of amendment. PROPOSED AMENDMENT TO THE ARTICLES OF INCORPORATION A director of the corporation shall not be personally liable to the corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, except for liability arising from (i ) any breach of the director' s loyalty to corporation or its stockholders. (ii ) acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of any law, (iii ) any transaction from which the director derived any improper personal benefit, or (iv) any other act expressly proscribed or for which directors are other wise liable under the Colorado Corporation Code. Any repeal or modification of this paragraph (section) by the stockholders of the corporation shall not adversely affect any right or protection of a director of the corporation existing at the time of such repeal or modification. If you have any questions or comments, there will be discussion at the annual meeting prior to vote. EVEN__IF YOU _ARE PLANNING To_ATTEND PLEASE SIGN THE ENCLOSED PROXY AND RETURN IT THE RURAL DITCH OFFICE. Jody Anderson, Secretary 930112 PROXY FOR VOTING STOCK I ELECT Barbara Kirlmeyer TO VOTE MY AT THE ANNUAL MEETING OF THE RURAL DITCH COMPANY ON MARCH 9, 1993 47 ��// L " �^ `Chairman, h,oard of County Co rnissioners STOCKHOLDER ATT17 : t '/ / WELD COUNTY COMMISSIONERS /�,✓G/ /✓`u mein 915 - 10TH STREET v:E ,;, J TH BOARD GREELEY CO 80631 GY: ' i / % : /,e U"-4i't C,r.`fC"CO THE BOARD 930112 V RESOLUTION RE: APPROVE CANCELLATION OF UNCOLLECTIBLE PERSONAL PROPERTY TAX FOR THE YEARS 1985 THROUGH 1989 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, Francis M. Loustalet, Weld County Treasurer, has submitted a list of personal property taxes assessed for the years 1985, 1986, 1987, 1988, and 1989 in the amounts of $78,798.61, $94,841.81, $3,376.54, $2.473.88, and $731.56, respectively, which have been deemed uncollectible, said list being attached hereto and incorporated herein by reference, and WHEREAS. Francis M. Loustalet has certified to the Board that he has exhausted all means for collecting said personal property taxes, and WHEREAS. Section 39-10-114(2) (a), CRS, as amended, provides that any taxes levied on personal property which are determined to be uncollectible after a period of six (6) years after the date of their becoming delinquent, may be cancelled by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the personal property taxes assessed for the years 1985, 1986, 1987, 1988, and 1989 as set forth in detail in the list submitted by the Weld County Treasurer, in the amounts of $78,798.61. $94,841.81, $3,376.54, $2,473.88. and $731.56, respectively, be. and hereby are, designated as uncollectible and, therefore, be. and hereby are, cancelled in accordance with Section 39-10-114(2) (a), CRS, as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 1993. ! ! A ffLL ? BOARD OF COUNTY COMMISSIONERS ATTEST: U,// I�/f/ WEL/ OUNTY. COLORADO / Weld County Clerk to the Board �u� ;�/Q�� 7 ) Constance L. Harbert/ Chairman Deputy Clerk to the Bo&z& W. H. b to , Pro- m APPROVED AS 0 FORM: eorge E Baxt ir,,: County A torney Dal K. Hall /'l Barbara i ra 3.-4—c‹ Barbara J. Kirkmeye 930108 npol f PG. l R7 14-c1 ,9-k t � .`� co ��, OFFICE OF THE COUNTY TREASURER et r ^ FRANCIS M. LOUSTALET - COUNTY TREASURER ' PHONE(303)3533845,EXT.3250 (i 3 2 5 c ' 2 2 b cLtn" POST OFFICE BOX 458 O GREELEY,COLORADO 80632-0458 �; n • COLORADO January 25, 1993 Weld County Board of County Commissioners 915 10th St Greeley, CO 80631 Dear Commissioners: Please provide the County Treasurer with a resolution to cancel the uncollectible personal property tax for the years of 1985, 1986, 1987, 1988 and 1989 in the amount of $ 43, $94,841.81, $3,376.54. $2,473.88 and $731.56 respectively. I Section 39-10-114(2)(a) as amended for the cancellation of one year prior tax, Sincerely, r > �l���', �' Tom- --vvt <-27- Francis M. Loustalet Weld County Treasurer 930108 1985 PROPERTY TAXES FOR COMMISSIONERS' CANCELLATION PIN VANE & ADDRESS REMARKS TOTAL TAX P0068603 A & A Auto Body Repair No longer in business $37.34 916 3rd St equipment is gone Greeley, CO 80631 uncollectible P0068604 A M Sprinkler Systems Inc Out of business $44.04 P.O. Box 3164 uncollectible Greeley, CO 80632 P0068606 A to 2 Auto Salvage Ron Allen left the state $474.90 % Ron Allen with equipment in 1985 2589 W 49th St uncollectible Greeley, CO 80631 P0068607 Abbe Realty Bankruptcy, no longer in $11.00 3400 16th St Bldg 6M Real Estate business Greeley, CO 80631 uncollectible P0068608 Adkisson & Son Bankrupt and no longer $4.46 400 30th Ave Ct in business Greeley, CO 80631 P0068617 Arthur Mexican Bread Business burnt in 1986 $147.30 'G Arthur Meneses uncollectible P.O. Box 624 Frederick, CO 80530 P0068620 B & B Apartments Apartment Furniture is $16.16 ;C H N Wilson junk not worth the cost P.O. Box 155' of collection P0068621 B & B Aprtments Apartment Furniture is $19.52 1 H N Wilson junk not worth the cost P.O. Box 155 of collection P0068622 B J Strawberries at the Bankrupt; equipment is $840.92 Convair gone uncollectable 3000 Airport Dr Eire, CO 80516 P0068623 B J Strawberries at the Bankrupt; equipment is $198.50 Convair gone uncollectible P0068624 Barclay James R Mobile Home rental cost $10.38 15076 Coleman Ave of distrain and sale is more Ft Lupton, CO 80621 then what would be collected 930103 LILT NAME &AOORE$ . REMARKS TOTAL TAX P0068625 Beauty Plaza collected all taxes except $20.80 2 Judy Barrera assessor's fee, out of business 2539 11th Ave uncollectible Greeley, CO 80631 P0068628 Benscheidt Helen S Apartment furniture cost $20.52 10475 Gould Ave of collection is more then Tillamook, OR 97141 the furniture is worth P0068631 Better Craft Signs Out of business $24.70 Z Robert I Potter uncollectible 7997 Access Rd E 125 Longmont, CO 80501 P0068632 Bianca Homemade Business burnt $1,331.40 Italian Bread with Arthurs Mexican P.O. Box 312 Bread Co. uncollectible Frederick, CO 80530 P0068633 Big Horn Harvestore Systems Bankruptcy, no longer $1,485.52 34 Centre in business 813 E 18th St Greeley, CO 80631 P0068634 Bistro Business closed $50.00 2035 Greeley Mall taxes was collected Greeley, CO 80631 except assessor's fee P0068635 Black Hawk Services Inc No longer in business $412.74 21588 WCR #52 uncollectible, equipment Greeley, CO 80631 was distrain and sold by Weld County not enough money to pay the 1985 P0068637 Body by Ron Sold out by the I.R.S. $46.56 123 N 1st St uncollectible La Salle, CO 80645 P0068638 Boot Town of Eaton Went out of business $29.56 James Welch uncollectible P.O. Box 1148 Eaton, CO 80615 P0068639 Boot Town of Eaton Went out of business $42.90 James Welch uncollectible P.O. Box 1148 Eaton, CO 80615 930105 PIN NAME & ADDRESS REMARKS TOTAL TAX P0068642 Brentwood Pantry Business closed $34.00 2339 23rd Ave uncollectible Greeley, CO 80631 P0068644 Bryants Drywall Out of business $11.70 X Ted Bryant uncollectible 615 16th Ave Greeley, CO 80631 P0068646 Buckner Neal E Apartment furniture not $30.22 1208 Clark St worth cost of collection Pt Collins, CO 80524 P0068647 Butcher Shoppe The Business Closed $95.32 3487 W 10th St ft uncollectible Greeley, CO 80631 P0068651 C & C Sandblasting Out of business left the $227.88 % Thomas Cox county 1024 6th Ave Greeley, CO 80631 P0068653 Cable Inc No longer in business $55.30 P.O. Box 590 uncollectable Sterling, CO 80751 P0068654 Camenisch Dairy Farms Filed bankruptcy, $1,213.04 3598 State Hwy 119 equipment was sold by order Longmont, CO 80501 of the Bankruptcy Court and equipment was dispersed and moved to where abouts unknown. P0068655 Camenisch Dairy Farms Same as P0068654 $26.76 3598 State Hwy 119 Longmont, CO 80501 P0068656 Cannon Bill No buyers, turned matter $137.82 Pipeline over to County Attorney. P.O. Box 374 Attorney found owner had no assets. Ft Lupton, CO 80621 uncollectible P0068657 Cannon Bill Same as P0068656 $684.14 Pipeline P.O. Box 374 Ft Lupton, CO 80621 P0068658 Captain Johns Business burnt in mid $595.30 X Wilma Moore 1985 uncollectible P.O. Box 1541 Windsor, CO 80550 930109 UN EAU & ADDREQS REMARKS TOTAL SAX P0068664 Carousel Stores LTD Filed bankruptcy $32.16 1840 Commerce no assets uncollectible Boulder, CO 80302 P0068665 Carousel Stores LTD Filed bankruptcy $27.50 1840 Commerce no assets uncollectible Boulder, CO 80302 P0068668 Catamount Exploration Inc This company had seven $568.72 Dungan #1 wells. The equipment and oil in P.O. Box 3013 tanks was distrain and sold. It was not enough money to pay the taxes on this account all other taxes were paid in full. P0068684 Clark C Irwin Apartment funiture $15.52 %Bill Brumagin cost of collection is more 2065 Buena Vista Dr then what can be collected Greeley, CO 80631 P0068685 Classic Chevrolet Inc Bankruptcy - orginal taxes $6.48 P.O. Box 1000 was $3,905.48; collected Greeley, CO 80632 $3,899.00 leaving balance of $6.48 P0068690 Cody Nordell Exploration Well was plugged and $764.16 ?l Albert business is no longer P.O. Box 908 in operation, uncollectible Greeley, CO 80632 P0068691 Colorado Energy Was assessed in error $145.64 % Barb Williamson Couldn't find an oil tank 914 S W 20th St at legal given Loveland, CO 80537 P0068692 Colorado Images Mr. Clark applied for $26.78 % James D Clark sales tax license at the time the 1807 26th Ave Ct business was not in operation Greeley, Co 80631 uncollectible P0068708 Davis Agency Business closed and left $48.80 P.O. Box 836 the state; uncollectible Greeley, CO 80632 P0068709 De Bey Shamrock Service Mr. De Bey sold this $34.00 2315 10th St business in 1984 new owner Greeley, CO 80631 went out of business in mid 1986. Mr De Bey reopen as Texaco Service station with different equipment. 930108 FIN NAME & ADDRESS REMARKS TOTALTAX P0068711 De Weese Services Inc Business closed and taxes $44.62 2028 9th St uncollectible Greeley, CO 80631 P0068712 Desert Arabian Blood Stock No longer in operation $13.80 6271 W 37th St not worth cost of collection Greeley, CO 80634 P0068713 Desperation Store This business was located $63.76 % Carl R Sharp west of Kersey toward Monfort. 27892 US Hwy 34 Business closed no assests. Kersey, Co 80644 P0068714 Dick Clyde M DDS Apartment furniture $8.36 1630 17th Ave not worth cost of collection Greeley, CO 80631 P0068715 Dickson Installation No longer in business $20.52 7.. Dean Dickson uncollectible 4523 W 5th St Greeley, CO 80634 20068717 E & S Energy Conservation Company went out of $37.98 Elton C Schmidt business; uncollectible 1652 8th Ave #4 Greeley, CO 80631 P0068720 E-VAP Limited Business closed and reopen $39.64 Waste Pit new owner taxes was collected 10600 WCR 54 except assessor's fee P0068721 Earthworks Sign Co Business no longer $19.28 % Dan Lawburgh in operation; uncollectible 6380 W lOath St Unit #3 Greeley, CO 80631 P0068722 Eaton Chiropratic Life Ctr Dr. Dahlhauser left Eaton $322.82 % David Dahlhauser DC with his equipment in 1985 360 Oak St Suite 130 I was told left Colo; uncollectible Eaton, CO 80615 P0068725 Edmunds Edwin S & Jodene K Apartment furniture not $27.38 P.O. Box 1806 worth the cost of collection Greeley, CO 80632 P0068729 Engine Parts & Accessories Business burnt $51.32 % Linda L Perry uncollectible 304 5th St Greeley, CO 80631 93010s FIE NAME A ADDRESS REMARKS TOTAL TAX P0068731 Evans Auto Sales Mr. Label had a heart $184.24 P.O. Box 578 attack first part of 1986 Evans, CO 80620 filed for bankruptcy, inventory equipment was sold by order of bankruptcy court. Today Evans Auto Sale is owned by Mr. Label's son or son-in-law. P0068757 Flare Energy Corp This well was plugged $54.18 State #1 uncollectible, oil 8200 E Pacific Fl Suite 305 company is no longer in business Denver, CO 80231 P0068759 Front Range Valley Company is no longer $70.78 % Ronald Hein operation; uncollectible P.O. Box 2593 Greeley, CO 80632 P0068760 G P H Investments Business is gone $51,32 % Scott Kortmeyer uncollectible 1859 24th Ave Greeley, CO 80631 P0068763 Genes Auto Sales Business closed out $8.54 % Eugene L Vigil no assets; uncollectible 463 E 18th St Greeley, CO 80631 P0068764 Genesis a General Partnership Bankruptcy $513.06 Genesis 3 uncollectible 210 Franklin St P.O. Box 509 Niwot, CO 80544 01599486 Genesis a General Partnership Bankruptcy $10,623.58 210 Franklin St P.O. Box 509 uncollectible Niwot, CO 80544 01614186 Genesis a General Partnership Bankruptcy $6,096.06 210 Franklin St P.O. Box 509 uncollectible Niwot, CO 80544 04401686 Genesis A General Partnership Bankruptcy $12,093.20 210 Franklin St P.O. Box 509 uncollectible Niwot, CO 80544 P0068765 Genesis a General Partnership Bankruptcy $430.20 Genesis {p2 uncollectible 210 Franklin St P.O. Box 509 Niwot, CO 80544 9301,09 PIN NAME & ADDRESS REMARKS TOt L TAX P0069131 Genesis a General Partnership Bankruptcy $499.24 Genesis #1 uncollectible 210 Franklin St P.O. Box 509 Niwot, CO 80544 P0068768 Gonzalez David R Apartment furniture not $43.70 2646 15th Ave Ct worth the cost of collection Greeley, CO 80631 P0068776 Greeley Meter Service Business closed $11.16 1415 30th Ave uncollectible Greeley, CO 80631 P0068779 Greyhound Bus Depot Business filed bankruptcy $19.40 % James D Kilber and has went out of business 1542 7th Ave uncollectible Greeley, CO 80631 05056386 Gulf Energy Corp Well was plugged $2,980.34 144 S 500 East and equipment removed in 1984 Salt Lake City, UT 06878285 Gusher Oil & Gas Co Inc Filed bankruptcy $1,166.80 2030 Las Vegas Trail No longer in operation Suite 1-D uncollectible Ft Worth, TX 76108 06546586 Gusher Oil & Gas Co Inc " $1,236.42 2030 Las Vegas Trail Suite 1-D Ft Worth, TX 76108 P0068780 Gusher Oil & Gas Co Inc $1,092.92 Schoneman 2030 Las Vegas Trail Suite 1-D Ft Worth, TX 76108 P0068781 Gusher Oil & Gas Co Inc $281.00 Frank's 2030 Las Vegas Trail Suite 1-D Ft Worth, TX 76108 P0068783 Haines Oil Field Service Business no longer in $49.98 P.O. Box 114 operation; uncollectible Evans, CO 80620 P0068784 Hair Experts This was beauty salon $33.93 805 17th St has went out of business Greeley, CO 80631 uncollectible 930109 212 NAME & ADDRESS REMARKS TOTAL TAX P0068785 Happy Housekeepers This has changeed $49.08 2934 Glendale Dr #8 ownership several times Evans, CO 80620 and has gone out of business uncollectible P0068790 Higgins Marvin E & Donna C Apartment furniture 14.98 Box 129 not worth cost of collection Johnstown, CO 80534 P0068791 High Summit Oil & Cas Bankruptcy $1,041.02 X Property Tax Service uncollectible 1560 Broadway Suite 730 Denver, CO 80202 01174586 High Summit Oil & Cas Inc Bankruptcy $2,149.28 % Property Tax Service uncollectible 1560 Broadway Suite 730 Denver, CO 80202 P0068792 Hirschfield Bob Radio & TV Bob Hirschfield sold $222.06 X Bob Hirschfield this business Paul Radford 1911 9th St in 1984. Mr. Radford never filed a Greeley, CO 80631 declaration form with assessor's office and in 1985 declared bankruptcy; equipment was sold business was located at 16th Ave & 9th St when I check the location in Jan or Feb, 1986, there was no equipment just a couple of junked TV sets. P0068794 Holiday Robert C & Linda L Apartment furniture not $12.76 10820 SE 211 Place #402 worth the cost of collection Kent, WA 98031 P0068795 Homco Supply Business closed $65.92 1265 Factory Dr Not collectable Ft Lupton, CO 80621 P0068797 Hyatts Shaklee Products Disb This type business comes $193.94 Z Juanita Larson and goes within a few months 1510 8th Ave out of business was the end of 1985 Greeley, CO 80631 uncollectible P0068803 Iszler Norlyn C & Shirley N Apartment furniture was $45.90 9199 Aljan Ave junk in 1985 Longmont, CO 80501 930108 SIN NAME & ADDRESS REMARKS TOTAL TAX P0068804 Iszler Norlyn C & Shirley N Assessment way to high $77.58 9199 Aran Ave not worth cost of collection Longmont, CO 80501 taxes for 1986 were $6.88 and $6.88 P0068807 J & S Appliance Business closed in mid $57.10 912 8th Ave 1985 uncollectible 4� Greeley, CO 80631 was drop from tax roll in 1986 P0068808 J & S Appliance Business closed $11.20 912 8th Ave uncollectible Greeley, CO 80631 P0068810 Jerke Alice M Apartment furniture $17.62 2109 11th St not worth the cost of Greeley, CO 80631 collection P0068811 Jones Co Bankruptcy $1,666.24 922 8th Ave Out of business Greeley, CO 80631 uncollectible P0068812 Jones Co $42.94 Hillside Store 922 8th Ave Greeley, CO 80631 P0068813 Jones Co Bankruptcy $212.42 Hillside Store Out of business 922 8th Ave Greeley, CO 80631 P0068814 Jones Co $2,303.34 922 8th Ave Greeley, CO 80631 P0068815 Jones Co Sporting Goods $1,254.52 Greeley Mall 922 8th Ave Greeley, CO 80631 P0068817 K & L Truck & Trailer Sery Business is gone $1.22 X David & Wilma Pyle not worth collecting P.O. Box 477 La Salle, CO 80645 P0068818 K K Oil Gas Inc Out of business $38.36 % Ken Kreps uncollectible 5003 22nd St Greeley, CO 80634 930108 PIN NAME & ADDRESSS. REMARKS TOTAL TAX P0068822 Kilber James D & Jacqueline Apartment furniture $12.76 520 37th Ave Ct beginning in Jan 1985 Greeley, CO 80631 no longer had a basement apartment P0068823 Kreps Bob Auction & Real This account was $271.00 Estate Co put on the tax roll in error; 928 13th St account under Kreps/Wiedeman Greeley, CO 80632 There was a lease taxes were paid by lease company P0068825 L & K Drilling Fluids Out of business $49.46 P.O. Box 3324 uncollectible Greeley, CO 80632 P0068828 Lair Virgina For several years $14.70 P.O. Box 3214 Virginia Lair had several Greeley, CO 80632 apartments, mobile homes. In 1985 or first part of 1986 P0068829 Lair Virgin She moved to Sterling the two P.O. Box 3214 apartments have been sold and Greeley, CO 80632 no longer furnished apartments uncollectible P0068830 Lar Investments Out of business $40.88 X Crown Mortgage & Inv uncollectible 1 P.O. Box 43 Evnas, CO 80620 P0068833 Lifestyle Energy Bankruptcy $756.10 #1-4 State uncollectible ;G R E Mc Elroy Inc 3609 Smith Barry Rd Suite 100 Arlington, TX 76013 06842584 Lifestyle Energy Corp $62.36 % Property Tax Service Co 1560 Broadway Suite 730 Denver, CO 80202 P0068834 Lincoln Plaza Apartments Mr. Haefeli filed $78.56 74 Edwin P Haefeli bankruptcy, apartments have P.O. Box 38 since changed owners has been Greeley, CO 80632 remodeled with new equipment P0068835 Littlefield & Sacco Larry Littlefield filed $278.78 • 2703 W 10th St bankruptcy and his partnership Greeley, CO 80631 with Mr. Sacco dissolved. When Mr. Littlefield left Greeley for about two years this equipment was sold or repo. He has new equipment now under a lease agreement 930108 . FIE NAME & ADDRESS KEMARKS OT TAL TAX P0068836 Loftus Vincent E Apartment furniture $17.62 1129 4th Ave not worth cost of collection Greeley, CO 80631 P0068930 Lucianos Spagetti Business burnt $98.26 & Luciano G Ruscitti with Arthurs Mexican Bread P,O. Box 312 uncollectable Frederick, CO 80530 P0068840 Mad Hatter The Business closed in 1986 $48.24 X Richard Byron Hypes no assets uncollectible 4619 Zion Dr Greeley, CO 80634 P0068842 Marbel Music Mr. McKee applied for $181.70 Z James John Mckee sales tax license 4302 W 4th St Rd the business never opened for Greeley, CO 80634 business. uncollectible. P0068851 Masterpiece Painting Out of business $8.88 % John David Reed uncollectible 2280 1st Ave #87 P0068852 Maurer Douglas L & M Debra No longer a basement $7.76 1206 11th St apartment home, owned by Greeley, CO 80631 different people, uncollectible P0068853 Maynard Dennis P Apartment furniture not $5.82 1805 11th Ave worth cost of collection Greeley, CO 80631 P0068864 Moot House Restaurant The Equipment was distrain $67.88 2600 11th St Rd by the Colo State Revenue Greeley, CO 80631 and sold. Weld County collected from the sale $1,228.12 then this company filed for bankruptcy. uncollectible for rest of money P0068865 Moot House Restaurant The $546.18 2600 11th St Rd Greeley, CO 80631 P0068867 Murphy Kelly G & Jeri L Apartment furniture is $11.80 1106 8th Sc not worth cost of collection Greeley, CO 80631 P0068869 Natural Images Out of business $21.48 X Kenneth Brown Mc Williams uncollectible 3920 W 14th St Greeley, CO 80631 930109 PI NAME & ADDRESS REMARKS TOTAL TAX P0068870 New Centruy Electronics Out of business $43.80 717 22nd St uncollectible Greeley, CO 80631 P0068872 Northern Colorado Bus Ser Out of business $29.40 918 1/2 11th Ave uncollectible Greeley, CO 80631 P0068875 O'Connor Daniel F Out of business $19.56 1846 7th Ave uncollectible Greeley, CO 80631 P0068890 Panchitos Cafe Bankruptcy, business $79.66 614 Main equipment sold, uncollectible Platteville, CO 80651 P0068891 Pats Mobile Estates Mobile home rental $20.08 % Eugene Manigold the furniture is junked 10201 Riverdale Rd #88 not worth cost of collection Throton, CO 80229 P0068892 Pats Mobile Estates " $41.46 % Eugene Manigold 10201 Riverdale Rd #88 Thorton, CO 80229 P0068897 Fetes Drywalling & Remodel Business moved out $40.88 317 13th St of Colo; uncollectible Greeley, CO 80631 P0068899 Petro-American Energy Res Bankruptcy $305.54 Strawder Resources Inc not collectible 8705 N Shore Dr Jonesboro, GA 30236 P0068912 dmont Exploration ruptc $1, . 8 X Kober a unto tible P.O. c 3365 o er d Greeley, CO 80631 01081286 Piedmont Exploration Inc Bankruptcy $346.14 X Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 01082886 Piedmont Exploration Inc Bankruptcy $817.26 % Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 9U .®S PIN ;TAME & ADDRESS ItFISARK$ TOTAL TAX 01082986 nt Exploratio c B t $1,150.91 % Robert s unco ble P.O. 365 er died e1ey, CO 80631 01083086 Piedmont Exploration Inc Bankruptcy $1.92 % Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 P0068913 Piedmont Exploration Inc Bankruptcy $791.62 % Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 01397686 Pi nt £xplorat nc pt 92,097.92 % Robert rs unco tible P.O. 365 o er die G eeley, CO 80631 P0068914 Piedmont Exploration Inc Bankruptcy $54.40 % Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 P0068915 Piedmont Exploration Inc Bankruptcy $54.40 X Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 P0068916 Piedmont Exploration Inc Bankruptcy $764.06 t Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 P0068917 Piedmont Exploration Inc Bankruptcy $723.68 % Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 P0068918 Piedmont Exploration Inc Bankruptcy $715.34 X Robert Saunders uncollectible P.O. Box 3365 owner died Greeley, CO 80631 P0068921 Pittman & Associates Bankruptcy $766.06 Thayer #2 uncollectible P.O. Box 621188 Littleton, CO 80162 9201 08 N NAME & ADDRESS REMARKZ TOTAL TAX 06892485 Pittman & Associates Bankruptcy $1,232.34 P.O. Box 621188 uncollectible Littleton, CO 80162 P0068922 Pittman & Associates Bankruptcy $670.80 UHL #21-9 uncollectible P.O. Box 621188 Littleton, CO 60162 00700786 Pittman & Associates Bankruptcy $6,485.94 P.O. Box 621188 uncollectible Littleton, CO 80162 P0068923 Pittman & Associates Bankruptcy $727.14 Thayer #1 uncollectible P.O. Box 621188 Littleton, CO 80162 P0068929 Platte Valley Petro Energy Bankuptcy $389.64 Walden #1A uncollectable Attn: Gary Appel 1600 Broadway 24th Floor Denver, CO 80202 P0068937 Randel De Vries Joan Mary Apartment furniture $8.88 25399 VCR 47 not worth cost of collection Greeley, CO 80631 P0068938 Red Carpet-Westmoore Realty Bankruptcy $489.86 903 37th Ave Ct business closed Greeley, CO 80634 uncollectible P0068939 Red Carpet-Westmoore Realty Bankruptcy $146.58 903 37th Ave Ct business closed Greeley, CO 80634 uncollectible P0068940 Reed Mobile Crane Service No longer in business $17.22 x Donald Reed uncollectible P.O. Box 832 Brighton, CO 80601 P0068942 Rhoadarmer Allen/ Mr. Rhoadarmer had a $8.88 Schott Kenneth & Harsh small construction co. Virginia DBA Three Star no longer in business 1611 37th St not worth cost of collection Evans, CO 80620 P0068943 Rhoadarmer Allen/ $12.76 Schott Kenneth & Harsh Virginia DBA Three Star 1611 37th St Evans, CO 80620 930108 BIN NAME & ADDRESS BEUMU TOTAL TAX P0068945 Rob Eds Pet Center Bankruptcy - also this $677.00 2008 8th St account was an arbitrary Greeley, CO 80631 assessment the owner failed to send in declaration form P0068948 Rocky Mountain Coffee Ser Arbitrary assessment $607.58 X Warren A Brandon Mr. Brandon was a traveling 2424 8th St salesman, only equipment was his car Greeley, CO 80631 P0068958 Rocky Mountain Production Co Wells were distrain $2,176.60 Bryak #1 & #2 and sold; wasn't enough 777 Main St Suite 2600 money collected for all taxes due Ft Worth, Tx 76102 uncollectible 00625786 Rocky Mountain Production CO " " $9,074.90 Continental Plaza Suite 2600 777 Main St Ft Worth, TX 76102 P0068959 Rocky Mountain Production Co " $381.68 Uprr Bell 411-29 777 Main St Suite 2600 Ft Worth, TX 76102 P0068962 Rocky Mountain Production Co " $209.56 Kissler Continental Plaza 777 Main St Suite 2600 Ft Worth, TX 67102 P0068963 Rocky Mountain Production Co " $787.54 LTJ Partnership Continetal Pz 777 Main St Suite 2600 Ft Worth, TX 76102 P0068969 Romero T R Associates Went out of business $33.00 801 8th St Suite 220 uncollectible Greeley, CO 80631 P0068970 Ronnberg Paul & Margaret Basement Apartment $10.82 1710 14th Ave furniture, not worth Greeley, CO 80631 cost of collection P0068973 S & C Toppers No longer in business $97.64 711 28th St uncollectible Greeley, CO 80631 9201.95 NAME & ADDRESS REMARKS TOTAL TAX P0068994 Schumacher Dan Herbert & Basement apartment $9.70 Siegler Deane E furniture, not worth cost 2017 8th Ave of collection Greeley, CO 80631 P0068996 Sebring Tire Center Bankruptcy $46.92 113 Buchanan Box 93 Business closed uncollectible Firestone, CO 80520 P0068997 Shapiro Laura E Business office closed $23.28 1919 13th Ave left Weld County Greeley, CO 80631 uncollectible P0068998 Sharps Husky Mr. Sharp had a heart $188,46 % Junior Sharp attack and had to go out 2803 W 10th St of business in 1985. Greeley, CO 80631 uncollectible P0068999 Sir Speedy Instant Printing Weld County Distrain and • Center sold equipment collected all 3487-C W 10th St the taxes except $51,56 Greeley, CO 80631 P0069003 Southwest Mexican Food Business filed bankruptcy $54.98 % Earnest Salazer and closed up and moved 3505 11th Ave equipment: uncollectible Evans, CO 80620 P0069004 Sovereign Oil Co Oil Well was plugged $78.52 Blehm #1 and equipment moved 7490 Clubhouse uncollectible Boulder, CO 80301 P0069005 Spectrum Lanes Bankruptcy $113,23 X Richard E Hobson county collected $1,248.85 P.O. Box 2497 from Bankruptcy; $113.23 uncollectible Eaton, CO 80615 P0069006 Spokes & Folks Bankruptcy, no longer $73.86 % Douglas K Fabricius in business; uncollectible P.O. Box 36 Milliken, CO 80543 P0069007 Sport Closet Business closed $53.48 X Kelly R Kappel equipment moved uncollectible 2640 11th Ave Greeley, CO 80631 930108 PIS, NAME & A0DRE$5 =ARKS TOTAL TAX 80069008 Springston James R DD Equipment was distrain $45.48 Optometrist by Colo Dept of Revenue 1129 10th St county collected $220.38 from Greeley, CO 80631 sale the rest is uncollectible P0069009 Springston James R DD " " $15.06 1129 10th St Greeley, CO 80631 P0069010 Stenner Richard H & In 1984 Mr. & Mrs: $19.40 1827 24th Ave Ct Stenner did away with the Greeley, CO 80631 basement apartment, sold the furniture; uncollectible P0069011 Steves Bike & Repair Business closed in 1985 $2.22 % Steven Gilbert not worth cost of collection P.O. Box 95 Eaton, CO 80615 P0069014 Sundance Marketing Company filed bankruptcy $87.28 108 6th Ave No longer in business Greeley, CO 80631 P0069015 Sunset Hill Oil Co Inc Bankruptcy $478.94 GSK uncollectible 1750 25th Ave #201 Greeley, CO 80631 P0069016 Sunset Hill Oil Co Inc $1,294.28 #1-12 Roth 1750 25th Ave #201 Greeley, CO 80631 P0069017 Sunset Hill Oil Co Inc $483.36 #1-10 Schaeffer-Bower 1750 25th Ave #201 Greeley, CO 80631 P0069018 Sunset Hill Oil Co Inc " " $1,186.28 #1-3 Uppr Smith 1750 25th Ave #201 Greeley, CO 80631 P0069019 Sunset Hill Oil Co Inc $1,120.76 #1-2 Mosier 1750 25th Ave #201 Greeley, CO 80631 P0069020 Sunset Hill Oil Co Inc " $1,247.36 #1-3 Ochsner 1750 25th Ave #201 Greeley, CO 80631 930jgs PIN NAME & ADDRESS REMARKS TOTAL TAX P0069021 Sunset Hill Oil Co Inc Bankruptcy $1,251.80 #1-3 Bower uncollectible 1750 25th Ave Greeley, CO 80631 06902285 Sunset Hill Oil Inc $6,129.68 1750 25th Ave #201 Greeley, CO 80631 01399786 Sunset Hill Oil Inc $4,691.57 1750 25th Ave #201 Greeley, CO 80631 01392586 Sunset Hill Oil Inc $3,969.30 1750 25th Ave #201 Greeley, CO 80631 01394186 Sunset Hill Oil Inc $4,851.48 1750 25th Ave #201 Greeley, CO 80631 01394486 Sunset Hill Oil Inc $3,661.29 1750 25th Ave #201 Greeley, CO 80631 01395186 Sunset Hill Oil Inc $900.98 1750 25th Ave Greeley, CO 80631 P0069024 Superwater New Corporate I could never find $49.88 Headquarters anything about this 9172 Marshall Place business. The Assessor's office Westminster, CO 80030 had no information for this account. P0069026 Tamis Tails Bankruptcy $322.74 818 12th St Out of business Greeley, CO 80631 uncollectible P0069027 Tee Mah Enterprises Inc Equipment was sold by $592.46 1013 9th St I.R.S. ; uncollectible Greeley, CO 80631 P0069032 Tonys Super Foods Collect all the taxes $51.00 X Tony Whitham except the assessor's fee 1061 Denver Ave and advertising P0069033 Tonys Super Foods " $11.54 % Tony Whitman 1061 Denver Ft Lupton, CO 80621 920 os . • PICT PANE & ADDRESS RE fl S TOTAL.TAX P0069035 Trailblazer Oil & Gas Inc Gas plant was distrain $145.72 IMPS- Hankins Gas Plant and sold by Weld County 3807 Carson St Collected all taxes except Evans, CO 80620 $145.72 P0069036 Tri County Aviation Bankruptcy - this account $989.20 % Southwest Welco Inc is a mess. I think it is 2380 S Cessna Dr uncollectible Erie, CO 80516 P0069038 Twice Around Shoppe Out of business $3.86 % Roland J Radcliff not worth cost of collection 910 9th Ave Greeley, CO 80615 POC69051 Unioil Bankruptcy . $77.44 A Nevada Corp all taxes were collected 3817 Carson St except this account. Greeley, CO 80620 uncollectable P0069082 United Bank Leasing United Bank Leasing $28.12 % Moore Harold had their accounts messed 903 37th Ave Ct up, all the equipment in these Greeley, CO 80631 6 accounts were either sold to the leases or were Junked out in 1984 uncollectible; Harold Moore no longer in Weld County P0069084 United Bank Leasing uncollectible $151.28 % P & P Oilfield Equip Inc left Weld County 2021 1st Ave Greeley, CO 80631 P0069085 United Bank leasing couldn't find him or $67.88 % Arias Crescemcio her 2226 42nd Ave Greeley, CO 80631 P0069086 United Bank Leasing bankruptcy and his $52.36 X Littlefield Larry A equipment was returned 2703 W 10th St to the leasing co P0069087 United Bank Leasing Out of business $441.16 X Edward Chev Co couldn't find out what 721 10th St happened to the equipment Greeley, CO 80631 P0069083 United Bank Leasing Out of business $134.98 X Charles Richardson uncollectible 2513 14th Ave CT Greeley, CO 80631 9301_0S Pr- NAME & ADDRESS REMARKS TOTAL TAR P0069089 University Plaza Associates Out of business $49.08 P.O. Box 1407 uncollectible Longmont, CO 80501 P0069091 Valencias Seafood CO Filed bankruptcy $71.38 3618 W 10th St no longer in business Greeley, CO 80634 uncollectible P0069095 Visual Impressions Bankruptcy $50.00 % Tony Wu all taxes colleted except 925 16th St assessor's fee of $50.00 Greeley, Co 80631 uncollectible P0069096 Wall Street West Realty Business closed $63.18 2705 W 10th St no assets; uncollectible Greeley, CO 80631 P0069098 Wasinger Dick Electric Co Out of business $19.76 P.O. Box 17 uncollectible Firestone, CO 80520 P0069103 Webb Phillip W Basement apartment $8.88 3421 S Bellair not worth cost of collection Denver, CO 80222 P0069104 Webb Phillip W $8.88 3421 S Bellair Denver, CO 80222 P0069105 Weight Dynamics/ Business closed $5.60 Kirk Enterprises Couldn't find any assets 1225 15th Ave not worth cost of collection Greeley, CO 80631 P0069106 Weight Dynamics/ " $26.18 Kirk Enterprises 1225 15th Ave Greeley, CO 80631 P0069108 Western Equipment & Truck Was in bankruptcy in 1986 $607.58 2435 5th Ave business sold in 1987 and Greeley, CO 80631 new owner had his own shop and equipment P0069110 Westmoor Interiors Filed Bankruptcy $4.86 3835 W 10th St uncollectible Greeley, CO 80631 P0069111 Westmoor Interiors $104.74 3835 W 10th St Greeley, CO 80631 9301,0S LIU FAME & ADDRESS $EMARKS TOTAL. TAX 80069113 Willson Pink Co Bankruptcy $1,599.72 P.O. Box 1258 owner died; uncollectible Greeley, CO 80632 P0069114 Windsor Huskuy Service Service Station closed $176.18 % Louis Hattan Mr. Rattan left the state P.O. Box 2430 Windsor, CO 80550 P0069115 Windsor Upholstery Mr. Cordova went out of $38.30 % Erine Cordova business, no assets 10 Garden Dr #33 uncollectible Windsor, CO 80550 P0069119 Woodard Machines Mr. Woodward went out $72.44 % Theodore L Woodward business in 1984 & 912 39th St did not contact assessor's Evans, CO 80620 office; uncollectible P0069120 World Savings & Loans Assn World Savings foreclosed $16.64 2420 W 26th Ave on a house which had a basement Denver, Co 80211 apartment, the furniture was taken by the owner; uncollectible P0069122 Yard & Estate Care Lawn Service equipment $68.86 % Pat L Maes Business closed down 2280 1st Ave #36 uncollectible Greeley, CO 80631 GRAND TOTAL 178;79S-47 90`.04 • Total unpaid 1985 Personal Property and Leasehold Taxes $159,576.37 1985 Personal Property taxes to be cancelled 23, 173.42 1985 Personal Property taxes to be turned over for collection 52,656.51 1985 Oil and gas Personal Property taxes to be cancelled 13,082.62 1985 Oil and gas Leasehold 71,663.82 1986 Personal Property taxes 3,339.26 1986 Oil and gas Personal Property taxes 11,953.40 1986 Oil and gas Leasehold 71,665.98 1987 Personal Property taxes 1,718.06 1987 Oil and gas Personal Property taxes 63.80 1987 Oil and gas Leasehold 2,958.82 1988 Personal Property taxes 1,081.94 1988 Oil and gas Personal Property 0 1988 Oil and gas Leasehold 2,962.40 1989 Personal Property taxes 2,945.78 1989 Oil and gas Personal Property 0 1989 Oil and gas Leasehold 517.92 • 92047.0S 1986 Property Taxes for Commissioners Cancellation %TN NAME & ADDRESS REMARKS TOTAL TAX P0009218 Adorable Dog Grooming Out of business $43.36 X Vicki L Weinbender uncollectible 715 22nd St Greeley, Co 80631 P0001343 Bypass Liquors Bankruptcy $23.68 125 18th St R & R Partners went out of Greeley, CO 80631 business taking their own equipment; uncollectible _)006690 Sovereign Oil Co Well was plugger' $46.10 Blehm #1 no longer in business 7490 Clubhouse uncollectible Boulder, CO 80301 P0005419 Western Equipment & Truck Bankruptcy $456.26 2055 1st Ave new ownership with different Greeley, CO 80631 equipment; uncollectible P0001403 Carlson arbitrary assessment $532.36 % WM Albion Mr. Carlson has died 1109 13th St almost all the office Greeley, CO 80631 furniture was sold uncollectible P0003426 Crown Mortage & Inv Co No longer in business $18.38 P.O. Box 43 uncollectible Evans, CO 80620 P0012069 Diversified Resources LTD Bankruptcy $1006.28 Seifried 2-5 uncollectible 1600 Stout St Suite 1500 Denver, CO 80202 P0002342 Evans Auto Sales Bankruptcy $159.82 P.O. Box 578 Mr. Raley Label had a heart Evans, CO 80620 attack, equipment and inventory was sold by the bank. uncollectible P0006876 Flare Energy Corp Well was plugged $63.28 State #1 Flare has gone out of 14190 E Evans Ave business; uncollectible Aurora, CO 80014 P0002686 Gonzalez David R Had apartment furniture $19.94 2646 15th Ave Ct was mostly junk, not worth Greeley, CO 80631 cost of collection 9204.0E P,I1 NAME & ADDRESS REMARKS TOTAL TAX P0006628 Leopard Janice & Duane & Had mobile rental $6.88 Pope Nelda furniture, not worth 7605 Glade Rd cost of collection Loveland, CO 80537 P0004586 Rons Coin Store Ron's Coin Store shop $3.86 826 9th St gone out of business Greeley, CO 80631 not worth cost of collection 01076086 Sunset Hill Oil Co Inc Bankruptcy $9,897.53 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 01402986 Sunset Hill Oil Co Inc Bankruptcy $1,353.61 X Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 01395186 Sunset Hill Oil Co Inc Bankruptcy $276.68 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 01399786 Sunset Hill Oil Co Inc Bankruptcy $1,639.03 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 01076386 Sunset Hill Oil Co Inc Bankruptcy $15,819.00 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 01075986 Sunset Hill Oil Co Inc Bankruptcy $12,789.96 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 01392586 Sunset Hill Oil Co Inc Bankruptcy $1,595.26 Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 01394486 Sunset Hill Oil Co Inc Bankruptcy $1,183.16 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 PIN NAME & ADDRES$ JZEMARg$ TOTAL TAX 01394186 Sunset Hill Oil Co Inc Bankruptcy $1,459.84 X Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 01076286 Sunset Hill Oil Co Inc Bankruptcy $22,600.32 X Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0012272 Sunset Hill Oil Co Inc Bankruptcy $385.64 1 Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 • P0012271 Sunset Hill Oil Co Inc Bankruptcy $821.66 X Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0012267 Sunset Hill Oil Co Inc Bankruptcy $1,237.76 • I Kauffman & Weinberger. Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0012268 Sunset Hill Oil Co Inc Bankruptcy $376.46 1 Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0012270 Sunset Hill Oil Co Inc Bankruptcy $1,279.96 1 Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0009642 Sunset Hill Oil Co Inc Bankruptcy $502.94 t Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0007727 Sunset Hill Oil Co Inc Bankruptcy $1,305.72 I Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0012264 Sunset Hill Oil Co Inc Bankruptcy $112.52 I Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 ✓ PIN NAME & ADDRESS FLgMA$K$ TOTAL 161; • P0007725 Sunset Hill Oil Co Inc Bankruptcy $1,168.72 X Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0007724 Sunset Hill Oil Co Inc Bankruptcy $503.90 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0007726 Sunset Hill Oil Co Inc Bankruptcy $1,300.92 X Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0009644 Sunset Hill Oil Co Inc Bankruptcy $1,233.88 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0012273 Sunset Hill Oil Co Inc Bankruptcy $384.46 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 P0007723 Sunset Hill Oil Co Inc Bankruptcy $1,347.86 % Kauffman & Weinberger, Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 GRAND TOTAL $94,841.81 9µO1.09 tA & ii OFFICE OF THE COUNTY TREASURER FRANCIS M LOUSTALET COUNTY TREASURER PHONE(303)353.3845. OCT.3250 11 ' POST OFFICE BOX 458 • 6REELEY,COLORADO 80632-0458 COLORADO January 22, 1993 Pepper Tank Company P.O. Box 1431 Denver, CO 80201 RE: PIN 00407986 NW4 SE4 9-9-61 Keota Unit for 1986 Leasehold tax ($11,884.82) This well had been involved in District Court for almost 14 or 15 years. The treasurer's office has had the county attorney's office look at this account several times. Nobody knows for sure who really owns the well. In 1985, (which the 1986 leasehold taxes is based on) this well didn't produce one drop of oil or gas. Before 1987, the policy of the county assessor's office was that if a company in this case an oil company filed to file a declaration form of what the well produce, the assessor's office would use an arbitrary assessment. After 1987, the assessor's office uses information from the Colorado Oil and Gas Commission if a company fails to provide a declaration form. To show some of the problems with this account besides the assessment, this account was originally assessed to Power Energy which never had any involvement in the operation in this well. The legal description on where the well is located is wrong. This tax is uncollectible. Sincerely, Gary Parker Weld County Treasurer's Office CP/ct 92O1.0s 1987 PROPERTY TAXES FOR COMMISSIONERS CANC ION PIN FAME & ADDRESS REMA$Y$ TOTAL TAX P0006430 Bergland R Mr. Bergland $23.54 0474 WCR 30 sold this property Longmont, CO 8050' no longer an apartment uncollectable P0001367 WG III & Thomas H Hayden No longer in buiness $60.66 931 13th St uncollectible Greeley, CO 80631 P0011538 Clint Jewett No longer in business $140.62 2032 Wedgewood Ct uncollectible Greeley, CO 80631 P0001132 Colohan Michael Rental house no longer $28.14 % Alvin & Paulette P Schaefer as a rental 1606 W Stuart uncolletbile Ft Collins, CO 80526 P0003426 Crown Mortage No longer in business $22.00 P.O. Box 43 uncollectible Evans, CO 80620 P0006876 Flare Energy Corporation Oil well plugged $63.00 State #1 equipment removed 1939 S Quebec Way #B-203 uncollectible Denver, CO 80231 P0005991 Fort Lupton Answering Ser No longer in business $7.52 154 S Park Ave uncollectible Ft Lupton, CO 80621 P0012934 C & M Investments No longer in business $2.30 1912 28th Ave uncollectible Greeley, CO 80631 P0012935 G & M Investments No longer in business $1.54 1912 28th Ave uncollectible Greeley, CO 80631 P0002686 Gonzalez David R No longer in business $24.66 19828 Paseo Lorenzo left the state Yorba Linda, CA 92686-5709 uncollectible 20004799 Jerke William H Mr. Jerke no longer $9.68 23033 WCR 39 has this apartment La Salle, CO 80642 not worth th cost of collection 930".05 1112 NAME & ADDR$5$ JEMARK8. TOTAL TAX P0006628 Leopard Janice & Duane Mobile Home rental $6.26 7605 Glade Rd furniture is junk Loveland, CO 80537 not worth cost of collection P0004938 Three Zero Two Eight Out of business $27.80 Denver St Ltd Ptnr uncollectible Greeley, CO 80631 01075986 Sunset Hill Oil Co Inc Bankruptcy $2,958.82 X Kauffman & Weinberger Inc uncollectible 1675 Broadway Suite 1970 Denver, CO 80202 GRJ&ND TOTAS. $3,375.54 1988 PROPERTY TARES FOR COMMISSIONERS CANCELLATION PIN NAME & ADDRESS REMARKS TOTAL TAX P0011538 Clint Jewett Out of business $205.62 2032 Wedgewood Ct uncollectible Greeley, CO 80631 P0005991 Fort Lupton Answering Sex. Out of business $6.24 154 S Park Ave not worth cost of collection Ft Lupton, CO 80621 P0011081 Greeley Investors #2 Out of business $11.00 2730 24th St uncollectible Greeley, CO 80631 P0004799 Jerke William H Apartment furniture $10.50 23003 WCR 39 not worth cost of collection La Salle, CO 80642 P0006628 Leopard Jancie & Duane Mobile home rental $6.70 & Pope Nelda furniture; not worth 7605 Glade Rd cost of collection Loveland, CO 80537 P0003509 Little Store The Out of business $98.42 % Eugene Russell owner died 4321 Yellowstone Dr uncollectible Greeley, CO 80631 P0002060 Roggen U Pump It Gary Novotny was $6.66 % Gary Novotny out of business General Delivery Not worth cost of collection Roggen, CO 80652 P0004586 Rons Coin Store Out of business $3.32 826 9th St not worth cost of collection Greeley, CO 80631 P0001132 Schaefer Alvin & Paulette P The Schaefers are no $30.50 1606 W Stuart longer in Colorado Ft Collins, CO 80526 uncollectible P0011498 Stahan L John Mr. Stahan no longer $9.32 P.O. Box 894 in Colorado; uncollectible Platteville, CO 80651 06323186 Berge Exploaration Plugged $613.72 9595 W 49th Ave Berge Exploration Wheatridge, CO 80033 is out of business; uncollectible 93010g PIN NAME & ADDRESS REMARKS TOTAL taX 00119588 Berge Exploration Inc Plugged $1,471.88 8774 Yates Dr #100 Berge Exploration Westminster, CO 80030 is out of business; uncollectible GRAND TOTAL $2,473.88 • 930".08 1989 PROPERTY TAXES ZOR COMMISSIONERS CANCELLATION PIT NAME & ADDRESS RESARXS TOTAL TAX P0005991 Fort Lupton Answering Sex' Gone out of business $7.76 154 S Park Ave uncollectible Ft Lupton, CO 80621 P0012935 G & M Investments Apartment stove $1.74 1912 28th Ave not worth cost of collection Greeley, CO 80631 P0002688 Good Friday Investments Apartment furniture $7.84 X Joe E & Christina E Garcia not worth cost of collection 333 37th St #9 Evans, CO 80620 P0003509 Little Store The Business closed $72.64 I Eugene Russell owner died P.O. Box 1199 uncollectible Greeley, CO 80632 P0011498 P R M Enterprises Inc Out of business $8.76 X John L Strahan uncollectible 666 Lake£air Dr P0004802 Pace Clark Moved out of Colorado $24.38 11 Pandramic Way #fll uncollectible Berkeley, CA 94704 P0002686 Short Wallace H & Margaret moved out Weld County $23.12 1803 24th Ave P1 uncollectible Greeley, CO 80631 P0009267 World Savings & Loan Assoc. World Savings & Loan $67.40 2420 W 26th Ave Assoc. as the lein holder Denver, CO 80211 received from the bankruptcy court the real estates not the personal porperty which was removed the new owner Mr. Dion had to buy new furniture for apartments; uncollectible 06527386 Western Operating Co Well plugged and $517.92 518 17th St Sutie 1680 equipment moved? Denver, CO 80202 uncollectible GRAND TOTAL $731.56 930108 RESOLUTION RE: APPROVE RIGHT-OF-WAY GRANT 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 a Right-of-Way Grant between the City of Greeley. Colorado, and the County of Weld, by and through the Board of County Commissioners, with the terms and conditions being as stated in said Right-of-Way Grant, and WHEREAS, said property is described as a 20' strip of land in part of the northeast corner of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, as more particularly described on the Right-of-Way Grant, and WHEREAS, after review, the Board deems it advisable to approve said Right- of--Way Grant, 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 Right-of-Way Grant between the City of Greeley. Colorado, and the County of Weld be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Right-of-Way Grant. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D. . 1993. �// BOARD OF COUNTY COMMISSIONERS � /ATTEST: /✓ COUNTY, COLORADO Weld County Clerk to the Boardj$'..1 .tcli /�/ Anstance L. Ha bert,l ) / ,, g Chairman � � -Deputy Clerk to thecBeardl W. H. bster, Pro-T APPROVED AS TO FORM: C rge Baxt r i‘(--Piecym,(41,/\_, v, County Attorney Da K. all Barbara J. Kirkmey 930113 PEoo+o co- try (f'u'Pota-74b) L AR232D447 RIGHT-OF-WAY GRANT Know all men by these presents that the county of Weld, State of Colorado, hereinafter referred to as "Grantor"; hereby grants and conveys to the City of Greeley, Colorado; hereinafter referred to as "Grantee"; a twenty foot (20') permanent easement for the purposes hereinafter set forth. The centerline of the right-of-way shall be described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West, of the 6th Principal Meridian, Weld County, Colorado; and considering the East line of said section to bear South 00° 00' 00" East, with all bearings contained herein being relative thereto; thence South 00° 00' 00" East, a distance of 850.00 feet; thence North 90° 00' 00" West a distance of 80.00 feet; thence along a curve to the left having a radius of 500.00 feet, a central angle of 33° 00' 00", and an arc distance of 287.98 feet, the long chord of which bears South 73° 30' 00 ' East a distance of 284.02 feet; thence South 57° 00' 00" West a distance of 440.00 feet; thence North 33° ' 00' 00" West, a dis- tance of 60.00 feet; thence North 57° 00' 00" East a distance of 40.00 feet to the True Point of Beginning; thence North 55° 59' 26" East a distance of 80.00 feet; thence North 57° 24' 56" East a distance of 255.00 feet; thence North 65° 21' 47" East, a distance of 191.00 feet to a point of termination. Said easement contains 0.24 acres, more or less. The permanent right-of-way shall entitle the Grantee, it's successors and assigns; to install, construct, relocate, alter, repair, inspect, maintain, remove, and operate a sanitary sewer line. In witness whereof, the Grantor has hereunto set their hands and seals on this r.;1 7-e' da of 14Atail r 93- , alms' Chairman, Board f Coun y Commissioners weld County, Colorado aVo/h3 Attest aim( • Weld count 4:413S.• -_.,—____ Clerk to- the Hoard by: Deputl, B 1369 REC 02320447 02/02/93 16:26 $0.00 1/001 F 0678 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930113 RESOLUTION RE: APPROVE AGREEMENT WITH DR. AND MRS. RICHERT E. QUINN FOR SINGLE-FAMILY RESIDENCE AND ACCESSORY BUILDINGS 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 between Dr. and Mrs. Richert E. Quinn and Weld County. Colorado, for a single-family residence and accessory buildings, with the terms and conditions being as stated in said agreement, and WHEREAS, said property is described as Lots 1 through 11, Westridge Subdivision, Fifth Filing, Weld County, Colorado. and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 between Dr. and Mrs. Richert E. Quinn and Weld County, Colorado, fora single-family residence and accessory buildings, 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 27th day of January. A.D., 1993. // BOARD I Baize BOARD OF COUNTY COMMISSIONERS ATTEST: 7igew f�/ WED COUNTY, COLORADO it Weld County Clerk to the Board ( r ,CPS. ( Constance L. ,diar ert, Chairman BY: ` /21 ei n i ///< n �y��{i J"/ Deputy Clerk to the Board-- N, W. H. Pro/-TTeem_ ,L APPROV AS TO FORM; C . rge2" Baxt r County Attorney Dal K. Hall Barbara J. Kirkm er 930110 C.c. . Pk,, tM"°` PertiO&,v AGREEMENT " - ' THIS AGREEMENT, made and entered into this 2 day of January, 1993, by and between DR. and MRS. RICHERT E. QUINN of Greeley, Colorado (hereinafter referred to as "QUINN") and WELD COUNTY (hereinafter referred to as "COUNTY") . Background of Aarlgant The following information is provided as background to assist in determining the intent of the parties in entering into this Agreement. QUINN has an option to purchase Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision as shown on the attached "Exhibit A" if an agreement can be reached with the COUNTY regarding (1) building permits, (2) approval of a temporary gravel road, and (3) the number of horses that can be placed on any lot in that subdivision in accordance with existing County zoning ordinances. The subdivision, although platted as a subdivision in 1973, has not been fully developed and remains agricultural in character. QUINN desires to build a single-family residence and a horse barn on Lots 7 and 8 of the filed subdivision plat. QUINN has entered into an agreement with the City of Greeley, Colorado, for domestic water service to service the property, as well as an agreement to annex the property to the City in the event certain development occurs to the north or west of the QUINN property or if QUINN makes a decision to annex to the City of Greeley. The original developer of the subdivision completed a raw water dedication to the City of Greeley by which the City agreed to provide 11-3/4" water taps in total to the subdivision (one for each lot) and to require no additional raw water dedications to the City so long as no amendment occurred of the subdivision plat as it was originally approved by the COUNTY. That agreement prevents any rezoning or replatting of the property without significant adverse financial impact to QUINN. QUINN desires to purchase the property and maintain the agricultural nature of such property without completing all of the subdivision improvement requirements that would be imposed by the COUNTY or the City if the property was developed for sale to third parties in accordance with the existing plat for the subdivision. QUINN further desires to retain the flexibility in the future to develop the full eleven (11) lots of the subdivision as previously platted in the COUNTY by completing those subdivision improvements shown on the plat or subdivision improvements that may be required by the City of Greeley in the event the property is annexed to the City. QUINN is also willing to construct and maintain a temporary gravel road from dedicated public streets to allow fire, police and personal access to the property. In order to obtain a building permit for a single-family residence and an accessory building to be identified as the "horse barn", QUINN is willing to enter into the following Agreement with the COUNTY regarding Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision. 920110 NOW, THEREFORE, THE PARTIES COVENANT, PROMISE AND AGREE AS FOLLOWS: 1. Agreement Regarding Building. Residential Building permits. QUINN agrees to request one (1) building permit for a single-family residence to be located on either Lot 7 or 8 of Block 2 of the Fifth Filing of the West Ridge Subdivision. QUINN agrees to apply for a building permit for a horse barn as an accessory building with the accessory building to be built on either Lot 7 or 8, but not on the same lot as the single-family residence to be constructed by QUINN. QUINN further agrees not to request any additional building permits for single-family residential construction from the COUNTY unless or until all subdivision improvements shown on the subdivision plat for Block 2 of the Fifth Filing of the West Ridge Subdivision have been installed and completed in accordance with County subdivision requirements. QUINN agrees the request for the residential building permit will comply with the existing septic tank, setback requirements and building code requirements of the COUNTY. QUINN will be responsible for obtaining water, electrical, natural gas and any other utility services necessary to serve the property and that QUINN will have to meet all requirements imposed by the Milliken Fire Protection District for fire protection to the structures proposed to be built by QUINN. 2. Agreement Regarding Hors _on the Property. Because the subdivision has not yet been completed and the property is essentially agricultural in character, the COUNTY agrees to allow QUINN to exceed the existing County requirement of two horses per lot in a residential subdivision. Both QUINN and the COUNTY agree that under no circumstances may QUINN have more than ten (10) horses on the property for any purpose at any time, which would be a violation of the existing County zoning ordinances. QUINN agrees that in the future, if any single-family building permit is issued within the subdivision (after the completion of all subdivision improvements while the property remains in the County) , QUINN will voluntarily reduce the number of horses maintained on the property QUINN then owns to the maximum number per lot then allowed by the County zoning ordinance in effect at that time. 3. Agreement Regarding Temporary Gravel Road. QUINN agrees to construct and maintain, at QUINN's expense, a temporary gravel road of a minimum fifteen foot (15') width from the existing public right-of-way, which is identified as 24th Street, to the proposed single-family residence and horse barn to allow public access to those properties without the construction of the proposed public streets as shown on the subdivision plat of Block 2 of the Fifth Filing of the West Ridge Subdivision. QUINN further agrees that upon the happening of any of the events referenced in the Annexation Agreement between the City of Greeley and QUINN or QUINN's own voluntary decision to complete the subdivision improvements shown on the filing plat of Block 2 of the Fifth 2 920110 • Filing of the West Ridge Subdivision, QUINN shall then abandon the temporary gravel road and restore the property across which the temporary gravel road has been constructed to its former condition and utilize only public right-of-ways as access to and from QUINN's property. 4. Agreement Regarding Accessory Structures for Animal Feeding and Hav Storage. The COUNTY and QUINN agree that QUINN, after compliance with County building permit procedures, can construct one (1) hay shelter and one (1) horse shelter and feeding structure at points to be determined by QUINN on Lots 1 through 6 or Lot 9 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision. The shelter/feeding structure shall be an open- ended building of approximately no more than twelve feet (12') in width and fifty-six feet (56') in length. The shelter/feeding structure will be served by electricity and water, and it shall be the obligation of QUINN to provide the appropriate proposed construction drawings to the COUNTY prior to obtaining the building permit. The hay shelter shall be an open-ended structure which shall be designed for the storage of hay on the property with the size to be determined by QUINN at the time of construction and with QUINN to provide the appropriate proposed constructions drawings to the COUNTY at the time of application for a building permit. QUINN acknowledges neither of these structures may be built until QUINN has complied with the appropriate building permit procedures of the County in force at the time QUINN elects to construct these accessory buildings. 5. Applicability of this Agreement to Successors and Assigns. The terms and conditions of this Agreement shall extend to and bind any heir, successor or assign who obtains title to Lots 7 and 8 of Block 2 of the Fifth Filing of the West Ridge Subdivision. 6. Recording/Amendmpjit of Agreement. In order to insure the orderly development of the immediate proposed use of the property and the long-term proposed use of the property, both parties agree that this Agreement shall be recorded in the real estate records of the Clerk and Recorder of Weld County so the benefits and burdens assumed by both parties will become a matter of public record. Upon recording, this Agreement shall bind both parties, their heirs, successors and assigns. This Agreement may be amended only by a writing signed by both parties setting forth the terms of the amendment, and any such amendment shall not become effective until its recording with the Clerk and Recorder of Weld County, Colorado. 3 IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that it bind them as of the date set forth herein. ATTEST: WELD COUNTY WELD \IY4K CL-hK RD BY: -4r > DEFL CLERK TO THE GOARII'c�_ Hy f t a3/ol la RICHERT E. QUINN CAROQUI `����� 4 0 i0 u �Xt\.S.� '� ..L,-.M ...l' A . K.//,.,, ../. ase 4�••-./ .e/ate✓4�i~no�J i • Irk. Caw[• Wow! G!w/yr yw 9M.I/«v JG ti _ Naw� •'..L. /J „rid- . 2A IA BTRCC r._>` •••••• •1\ a g ; t' r,Y 1 .131.9.0.A 1 ' xi! t. S• litt1 •• I . iY €1'-tl I 1 . { t 4 t �t E N ri' • 0 { a 4 ;•, 1 �. kie F It F ill i 'k .,�4. ' It i1;2- • II ' •Y Ra tiItZ IIi `' Ms.! •w 11` /� Lv1 k p i —_�_O6T N^ I1 > t ��I k � T Irk--rimy:�,--—.y:�Jri r -- -w t/:t t� f.. flit it. // // 1 ?\ . i. t„ I y Kx_ I r�� 'k i i,: tllut •. • +1 "-✓re N-AP>' ; /•r•' F 131t? I ( 1 `,••{ '{•i�i r, F t I ti1t ii �/'iay SJJ .� A cf 'TU.' I.' L' .t�l.V': l•l "'fie �r-- / tr! m A -.ell 1 1 tt tt . .'$&0 r. M 0,z _L 1,I111 i, 1,k\ ty: �i', " .,.7` • ...•.C,^�1♦\. '', \ 7~p M1't 111 `�Ir jil1':P'• � S i+iit� k' ii•. `°.,`.. `t ti >; �m ;� i.=. 0 :!l./'.z•rlc_JL .' °''V'1°Z . M•` ' -t '♦ -y"'it I . 1L�� "�-_"1V"����h4;_V•_T i i V,it F tl ♦ , $) 'pi 4.ait, r=n-i Cn 1n I V S 4: 4 - 3 1t - t? ap p $. sti < G) .. MO t ♦. \ ozrnCA ; a i` C/ g ti. I; \s, ht ' ' N ifs' ♦\ O 6 .t,' tit . .. , ' ♦♦ zoz �C-•J•• ({ ` /% 111 �:d \�'0.t •�'-.2-„,„‘ ♦ 9* j V /• F ' o •.. V • c• 4....sc• - .. nx / I'tt•. F _ f-., O:2 ��nn 1 L . II !j o , vJ 0 I N:N4ktti ' Gy Z \ / e' _ • 1 1----- _L_•� I 1 NII / I II t 1 It. 1 ti it / , . ,th g I 1.. t , . t., , . , U - N/, J4 ....LI .r.aa . ..•�i �� • w moo.v?-- S..•!h /•:.. of lb. saw,* r - r• • " , is aF D i pp f t rC..'f,11;i lii fri •ff• i it i; ! e Stfjf krvl! C ri riZ Qp33 ab /� " r ♦{/a If'-ie ii 1� 9 : ^jt 0{ 9�U1.1 rr i ii iii f',ft /•pi t _, % {i4 S `f ri- ti.9 !IS i IT k.t i mEmoRAnDum Vint Board of County Commissioners January 27, 1993 To Om. Chuck Cunlif£e COLORADO From Quinn Agreement Subject: Dr. and Mrs. Richard E. Quinn desire to offer and enter into an agreement with Weld County that will allow them to build a residence and horse barn and have a maximum of 10 horses on two separate lots in West Ridge Subdivision, Fifth Filing. This number of horses exceeds the maximum number permitted in the R-1 zone district. This subdivision is zoned R-1 (Residential) and the Quinns plan to purchase 11 lots in the subdivision. The Quinns have entered into an agreement with the City of Greeley regarding future annexation. The Weld County Engineering Department, Weld County Health Department, City of Greeley Planning Department, Milliken Pire Protection District, and Lee Morrison have reviewed the proposal and have no objections. The Department of Planning Services recommends that the agreement be approved and authorize the Chairman to sign the agreement. Copies of proposed County Agreement, City Agreement, referral responses, and map of the subdivision are attached. 930110 GLEN DROEGEMUELLER,P.C. ATTORNEY AT LAW 812 SEYmmi 37REEI•SUITE 330.6RBaZY.COLORADO 80631.003)3539599•FAX 003)353-95➢7 January 14, 1993 Mr. Chuck Cunliffe Weld County Planning & Zoning Department 1400 North 17th Avenue Greeley, Co 80631 Dear Mr. Cunliffe: As a follow up to our recent conversations, enclosed please find a proposed agreement which would lead to the issuance of a building permit for a single-family residence and accessory building on Lots 7 and B of Block 2 of the Fifth Filing of the West Ridge Subdivision. The Quinns are willing to accept the 1,500 square foot limitation imposed on accessory structures in the R-1 zoning and do not feel it is necessary to construct a caretaker's residence. As a result of those decisions, the agreement deals with the compromise regarding the number of horses, the location of the single-family residence and accessory building and the temporary gravel road. My understanding is you will expedite the review of the agreement by the County legal staff and present it to the Board of County Commissioners in a work session at the earliest possible moment. I also believe you told me there would be a public hearing at which this agreement will be considered, and I would appreciate your notifying me when the hearing will be held so I may be present. The Quinns have set January 27 as the closing date for the acquisition of the property with the present sellers, and I would appreciate your feeling as to whether that deadline can be met. Sincerely yours, Glen Droe mueller Enclosure pc: Dr. and Mrs. Richert E. Quinn telIinrelXVri JAN 15 1993 'Nelr 4 ,n.w.°ka7n11M 22O,19 AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December , 1992, by and between DR. and MRS. RICHERT E. QUINN of Greeley, Colorado (hereinafter referred to as "QUINN") and THE CITY OF GREELEY, COLORADO (hereinafter referred to as "CITY") . packaround_ of far*ement The following information is provided as background to assist in determining the intent of the parties in entering into this Agreement. QUINN is willing to purchase Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision as shown on the attached "Exhibit A", which is located in Weld County, Colorado, if QUINN can obtain domestic water service from the CITY. The property (hereinafter defined in this Agreement as "the subject property") is bounded on the north by undeveloped property which has been annexed to the City of Greeley. QUINN desires to build a single-family residence and a horse barn with a caretaker's apartment above the barn on Lots 7 and 8 of the subdivision. The CITY is the only supplier of domestic water which can service those lots. The CITY and QUINN agree annexation and subdivision of the subject property within the CITY is premature as of the date of this Agreement. The original subdivider of the subject property in the County completed a raw water dedication regarding these lots in 1973, and the CITY, in return for that raw water dedication, agreed to provide eleven (11) 3/4" water taps in total to the subdivision (one for each lot) and to require no additional raw water dedications to the CITY so long as no amendment occurred of the subdivision plat as it was originally approved by the County. QUINN desires to purchase the subject property and maintain the agricultural nature of the subject property without completing all of the subdivision requirements that would be imposed by the County or the CITY if the property was developed for sale to third parties in accordance with the existing plat for the subdivision. QUINN further desires to retain the flexibility in the future to develop the full eleven (11) lots of the subdivision as previously platted in the County but understands if any replatting of the subdivision occurs, additional raw water dedication requirements to the CITY will have to be met. Both the CITY and QUINN anticipate growth will occur in or near this real property at some time in the future, and both parties are concerned about the orderly development of this subdivision. In order to allow QUINN the benefit of the proposed present use as well as retain the opportunity for additional development of the subject property as a residential subdivision, the parties are willing to enter into a future annexation agreement on the terms and conditions described below. 93gir1O �� NOW, THEREFORE, THE PARTIES COVENANT, PROMISE AND AGREE AS FOLLOWS: 1- Agreement Regarding Domestic Water Service. QUINN agrees to request an exception from the Greeley City Council for domestic water service from Resolution No. 58-1983 and agrees to pay those charges enforced for outside City of Greeley domestic water delivery and for tap fees for no more than two (2) 3/4" taps to service Lots 7 and 8 within the subdivision. QUINN also agrees to extend, at QUINN's expense, an 8" water line along the northern boundary of the subject property being purchased to a point which is adjacent to the common boundary line separating Lots 1 and 2 within the subdivision which has been determined to be, after consultation with the Milliken Fire Protection District, an appropriate point of termination without jeopardizing necessary pressure to provide adequate water pressure for fire protection for structures built on Lots 7 and 8. QUINN further agrees: (1) that any extension of the 8" line will take place within 24th Street to a point at which the water taps are made from that 8" line; (2) any maintenance of the water lines that are connected to the water main extension shall be QUINN's responsibility for whatever period of time they are used; and (3) no additional requests for 3/4" taps will be made to the CITY unless and until all subdivision improvements necessary for the issuance of a building permit have been completed and the subject property has been annexed to the City of Greeley as described herein. 2- Agreement Regarding Annexation. QUINN agrees that in return for the water service provided by the CITY to Lots 7 and 8 (described in Paragraph 1) , that QUINN will agree to annex this subject property to the City of Greeley upon the happening of one of the following events: a) At such time QUINN feels annexation is appropriate and when QUINN is willing to complete all necessary subdivision improvements in accordance with existing CITY codes at the time of the annexation to allow building permits to be issued on any lot within Lot 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision; or b) At the request of the CITY if property to the west or south or east requests annexation to the CITY and the CITY determines annexation of the QUINN property is in the best interests of the CITY; or c) The property to the north of QUINN submits a subdivision proposal to the CITY which requires the construction of 24th Street or any portion of 24th Street as presently platted. Both QUINN and the CITY acknowledge that if annexation is required by virtue of this condition, it shall not require a completion of subdivision improvements other than the completion of the water main extension to the 2 western boundary of the QUINN property and the completion of street improvements for 24th Street. In the event the CITY receives any subdivision proposal for property to the north or west of the QUINN property which requires a replatting of 24th Street to allow for development of property to the north or west of the QUINN property, both the CITY and QUINN agree that such replatting shall not allow the CITY to request any additional raw water dedication from QUINN as a result of the replatting. It is understood by both the CITY and QUINN that in the event replatting is accomplished to allow development of either one of those parcels, the benefits received by the CITY from such development shall outweigh the necessity of requiring additional raw water dedications from QUINN as a result of the replat of a portion of the QUINN property, it being understood the replat has not been initiated by QUINN but rather by the CITY and property owners to the north and/or west of QUINN. d) At the request of the CITY if the subject property becomes an enclave, as that term is defined in C.R.S. §31-12-103, and the CITY chooses to exercise the right granted to it by C.R.S. §31-12-106 regarding the annexation of enclaves. e) At the request of the CITY if QUINN transfers title to any lot within the subdivision other than Lots 7 or 8 to any other person or entity who is not a related party to QUINN. The term "related party", for purposes of this Agreement, shall be defined to mean the son or daughter of QUINN or any person who is married to the son or daughter of QUINN. In addition to the requirement for annexation, the CITY may also require that any nonrelated party who takes title from QUINN complete all subdivision improvements necessary as required by CITY codes in existence at that time for the balance of the subdivision. Regardless of which of the above-described events leads to the annexation of the QUINN property, QUINN agrees that QUINN, or any successor or assign of QUINN, shall comply with all City codes and ordinances which may affect the property at the time of the annexation and shall not attempt to argue that the date of this Agreement shall be controlling for any purpose other than the understanding recited in 2 (c) regarding raw water dedications or in the event QUINN annexes voluntarily, there shall be no additional raw water dedication if the present lot configuration of Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision does not change when it is annexed to the City. 3. Zoning of Property upon Annexation. The City Council agrees that it will consider single-family residential zoning, or its equivalent, once annexation to the City of Greeley occurs; however, this Agreement shall not bind the City of Greeley to such 3 55 9�� 'Q zoning. QUINN agrees to use the subject property in a manner which is consistent with single-family residential use as defined in the present zoning ordinance of the City of Greeley and also agrees not to establish or conduct any nonresidential uses on the subject property prior to its annexation to the City of Greeley. It is understood that the plat which will be submitted in support of the zoning of the property shall be a plat which is identical to the subdivision plat that has been previously approved by Weld County in 1973. Should QUINN desire to request any other zoning on the property or desire to replat the property in anyway (other than in conjunction with a request for replatting to accommodate the CITY and property owners to the north or west of the QUINN property) , such replatting shall require QUINN to meet the raw water dedication requirements then being enforced by the CITY, provided, however, QUINN shall be given credit by the CITY for any raw water dedications completed by any predecessor in title to QUINN. 4 . Completion o:f Subdivision}mprovements. a) Water Line/Fire Hydrant Improvements. QUINN agrees to complete a portion of the water main extension in proposed 24th Street prior to the granting of any building permit by Weld County as those requirements are set forth in Paragraph 1 of this Agreement. Any water main extension shall be in accordance with CITY standards as shall the actual taps by QUINN for Lots 7 and 8. The taps for Lots 7 and 8 will initially occur on the common northern boundary of Lots 1 and 2 adjacent to 24th Street at a point which has been determined by QUINN and the Milliken Fire Protection District. At such time as the remaining subdivision improvements are completed, QUINN agrees to, at QUINN's expense, place water taps in the completed public street adjacent to Lots 7 and 8 at points to be determined at that time and to abandon the private water line which had been constructed by QUINN from the initial tap on the common northern boundary of Lots 1 and 2. QUINN agrees to contact the owner of the property to the north of the subject property and to attempt to negotiate a ten foot (10' ) easement on the property to the north of QUINN to allow for the construction of the water main at a point which would be in the center of the 80' right-of-way for proposed 24th Street. Should there be any cost for obtaining the easement, that cost shall be the responsibility of QUINN and not the CITY. In the event such easement for placement of the water main cannot be negotiated with the owner of the property to the north, the CITY agrees to allow the construction of the water main within the existing 40' right-of-way that QUINN will own shown as 24th Street. QUINN agrees to provide the CITY with an easement for access to maintain the water main until such time as the QUINN property is annexed to the City of Greeley and 24th Street is dedicated as a public road and right-of-way. If the water main extension in 24th Street is not completed to the western boundary of the QUINN property at 4 the time of the issuance of building permits for the QUINN residence and horse barn, then QUINN agrees to complete the water main extension and fire hydrant requirements imposed by the CITY at such time as QUINN requests annexation to the City of Greeley or the properties to the north or west of the QUINN property begin the construction of subdivision improvements for which the City of Greeley is obligated to provide water service. If water mains and fire hydrants have not been completed within the West Ridge Fifth Filing as a result of the circumstances described in this section, then QUINN agrees to complete all water main extensions and fire hydrant requirements prior to the time QUINN or any successor-in- interest in title seeks to apply for a building permit for the construction of a single-family residence on any of the other nine (9) lots remaining in the subdivision, with that request being directed either to the CITY or Weld County. At such time as any water line extension is initiated by QUINN as described herein, QUINN agrees to abide by all of the rules, regulations, design and construction specifications and ordinances of the City of Greeley, Colorado, pertaining to the use of said water as completely as if the real property were located within the corporate limits of the City of Greeley. During such time as the QUINN property remains outside the City of Greeley, QUINN agrees to hold the City harmless for interruptions in water service or delivery and QUINN agrees to accept the City water at the pressure as delivered in the distribution grid owned by the CITY; and if in the delivery of water there is excessive pressure that would cause damage to the property of QUINN, then QUINN agrees to furnish and install any necessary regulators; or if additional pressure is needed, QUINN agrees to furnish at QUINN's expense any auxiliary pumps necessary to provide pressure to the QUINN property. b) Street Improvements. 1) QUINN and the CITY agree that in order to allow the usage of Lots 7 and 8 while those lots remain in the County, the CITY shall not require any street improvements (as shown upon the existing subdivision plat) to be completed. 2) In the event (1) QUINN desires to develop any of the remaining residential sites within the subdivision or (2) if development of the property to the north or west of the QUINN property occurs and those areas are both annexed and subdivided within the City of Greeley, and the CITY deems it necessary to build 24th Street as a collector street, then QUINN agrees to pay QUINN's proportionate share of the cost of construction of 24th Street which may include but need not be limited to the construction of curbs, gutters, storm drainage, sidewalks 5 :., �! 9w0l.o.9 and street paving of one-half (s) of 24th Street as well as the full cost of curbs, gutters, storm drainage, sidewalks and street paving for 24th Street Road. 5. Other Utility Services. QUINN understands in order to construct a single-family residence and horse barn facility on Lots 7 and 8, QUINN shall have the responsibility for obtaining these utility services from each provider and agrees to comply with the terms and conditions imposed by each provider in return for the those services. QUINN shall be responsible for providing electrical service, natural gas service, telephone service and cable television service to Lots 7 and 8 within existing utility easements shown on the subdivision plat for the Fifth Filing of the West Ridge Subdivision. At such time as QUINN or any successor-in- interest develops any of the nine (9) remaining lots within the subdivision, it is understood that it shall be that party's responsibility to provide these utility services to the property and the CITY assumes no responsibility for the delivery of those services to the remaining nine (9) lots. 6. Recordina/Amendment ofjareement. In order to ensure the orderly development of the immediate proposed use of the property and the long-term proposed use of the property, both parties agree this Agreement should be recorded in the real estate records of the Clerk and Recorder of Weld County so the benefits and burdens assumed by both parties will become a matter of public record. Upon recording, this Agreement shall bind both parties, their heirs, executors and assigns. This Agreement may be amended only by a writing signed by both parties setting forth the terms of the amendment, and any such amendment shall not become effective until recorded with the Clerk and Recorder of Weld County, Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that it bind them as of the date set forth herein. REVIEWED AS TO LEGAL FORM: THE CITY OF GREELEY, COLORADO r CITY A O NEY Mayor APPROVED AS TO SUBSTANCE Attest: (#2 1 /4 By: . - 'CIT MANAGER City Clerk RICHERT E. QUINN CAROL QUINN 6 9301.10 / /t ► • L^o .5 /awl.N.i( CwfwMrr q/"stay X .+.. IJ a..aT• +C. I/ 11 i �1M►�� ~ea. .V-w�M;h N .. �._naC ` - -1••-•s 76 n -` SKr. ST119/ ..�_ pg -! JY -su.�-� . - .r----I r-� 'V"�-'1 tt�l+• 11 1 ' } r ,SiI P / t- 1I 1jziF ` 1 i fil / ,ii, •!•• 1. I S r41,{-{t4 i toil- C M \ Z �.'' R ..- - 1 1 4 `s 11" -. Ft i t .)• •• ♦I es 1 t .KGi24 81 vv a A.- V II 0 �j • 't7 Stun 1 'I .-♦' I 1 Y..�b .•. • ,et -.•11 It . / i 1:. )i• ii., i, , r... _ •s-4..i_ , I ,S',1. F'4 Ili {e • `)id •.i 4rfe/.. ,,' z S a • } //e / )to, ti T. - •M4•:. [•. a••--- 1. - --Aid - ,' i' U i' ) - . ::.aw .fr�'•`$ A. mp ,� , lit �y �,S iti�t y' �t1 y .•�.. �\ om (' . :_i.r tw.c..,,c Iv' `t •'1\\d . k N:c�. I < 1 yam' z .i �,_.•.••✓ -l1\.\IC:n CK i \.t x r `•,`•, 1 r A roc rn rn +n AI u lh\•� ‘, BLCC ti I..as Jt•rJe-�i_.+ y ,f ->m•11 va •O I � 1,I�i F ,�'i\•r• 2 NA}''t••• • NI x I% • ,,ccrri 7 it /: ';.iH h t,,",r �•••. t 1 )+IA y� . .f/ ,A}7 • a. �s ,gyp O • r s . ,..4:--. �d t sy < 6) , i1 at N u , i. Z, T C-4 ITI Ql 41 it r r 1 Z = 1 , Nr /N cs • 0 . 1 ;r •t. 81,Z • 4 I +i 1 i M .• ii.... I •, y)1. 1 t I k 1' A /. Sa I Cfr. ill • +� f ,� �'� Sea** /b.. e! tow 3fl 1t pp s ; y • �iF iq Pt,..r fai • i`n xt 1f� \ - it:;.!! 'ri-f 'il- ' i•is i* t% A *11 20140 . lab- 14 q r. $ 'jI reii at NSI • bite O• it ii.t 1z IT tL it 91'1 t .7 I i ? i Aft mEmORAnDUM W I Keith Schuett To oe. September 25 1992 COLORADO From Drew SeheltLi� s.njen: Westridge Subdivisjon Fifth Filing I have reviewed the letter dated September 10, 1992, by Glen Droegemueller regarding the potential of building permits in Westridge Subdivision Fifth Filing. Presently, Weld County maintains 24th Street to where the pavements ends approximately 500 feet west of 64th Avenue. West of that point, there is a private crossing over the irrigation ditch but no road to the west which has any regular use. The terrain is such that a private driveway could easily be constructed to access what would be Lots 6, 7 and 8 of Westridge Subdivision Fifth Filing. I have no objection to Mr. Droegemueller's proposals. However, I recommend there be an agreement between Weld County and the Quinn's which would include the following items: 1. Westridge Subdivision Fifth Filing would be limited to a specific number of building permits that would meet the Quinn's requirements for the construction of a house, barn, garage, etc. 2. Before additional permits would be issued, 24th Street and 24th Street Road would have to be constructed to County standards along with the installation of all utilities required to serve the development. Approved roadway plans, Utility Board approval and an Approvements Agreement could be required. 3. Upon completion of the public roadways, the proposed temporary road would be abandoned and removed. 4. Weld County will not accept maintenance responsibility, including snow removal, for the temporary road. I should note there are severe ground water problems on this site. There is a report in the Engineering Department files by Hogan and Olhausen, Inc. , Consulting Engineers, dated February 14, 1978. that discusses the issue. The Quinn's should be made aware basements would be questionable, special foundation requirements may be necessary and elevated leach fields required. Also, because of the poor soils and very high ground water, future engineering and construction of 24th Street may have complications and cost higher that normal construction. DS/pds:mschuett oECEh►V cc: Commissioner Webster I � Lee Morrison, Assistant County Attorney SEP 2 8 1992 11 visidenessis 9301._O t `it' MEIYIORAf DU fl 1119€. 7o Keith Schuett Deft COLORADO Weld County Planning September 23, 1992 From John S. Pickle, M.S.E.H., Director, Environmental Heat • Subject: Case Number: N/A Name: Dr. and Mrs. Richert Quinn Environmental Protection Services has reviewed this proposal: the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. It is the policy of this Division not to recommend for approval of any lot size less than one (1) acre, which will utilize an Individual Sewage Disposal System. JSP/lam-1995 LI 3EP 2 31992 ill Weld col PM 930".30 cos COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 , Greeley October 7, 1992 O N� et 06. Mr. Keith Schuett Weld County Planning & Zoning Department j°Ye 915 10th Street 4R 44, Greeley CO 80631 RE: Quinn Inquiry on Lots 1-11, Block 2, Westridge 5th Filing Dear Mr. Schuett: I apologize for the lateness of my response, but with Steve gone I've been swamped. In response to Mr. Droegemueller's letter, I have the following information: First, in my discussions with Dan Moore, Water Resource Engineer in the Greeley Water Department, the water situation may be different than Mr. Droegemueller understands it. I have enclosed Greeley City Council Resolution No. 58, 1983, and direct your attention to Sections 4 and 5 in particular. As I understand this resolution, the Quinns would need to either annex to the City of Greeley or get the approval from Greeley City Council for the extension of water distribution lines. In addition, and assuming that water is available, the Water Department would require that a subdivision be serviced by a water main extension, not a small single lot service line. Therefore, the water main would have to be installed along 24th Street and 24th Street Road, terminating in the middle of the cul-de-sac. The two residential uses could then tap into the water main. I recommend that Mr. Droegemueller contact Dan Moore at 350-9814 for further details. Second, if the site is annexed, the Greeley Fire Department will require that a fire hydrant be installed if there is an adequate water line provided, which the water main would provide. This is especially necessary where there is more than one use or tap. Questions on these requirements should be directed to either Tom Bizzell or Duane Scheel of the Greeley Fire Department at 350-9502. Third, the Greeley Public Works Department does not normally approve a temporary road. However, in the limited instance that has been proposed, the Department may agree to an all-weather road surface on 24th Street and 24th Street Road, if there is a good enough development agreement and security ensuring the 9'43"'1 Mr. Keith Schuett October 7, 1992 Page Two installation of the paved roadway. Typically, an adequate all- weather road base for a fire truck requires six inches of road base. In addition, it may be necessary for the Quinns to address the bridge on 24th Street as the bridge may not hold 50,000-pound fire trucks. I suggest that any questions be directed to Steve Bagley, Deputy City Engineer, at 350-9792. From the planing perspective, there are a couple of points. First, it isn't clear to me how the barn/apartment is to work in relation to the house. The barn would have to be located on the same lot(s) as the house, otherwise the barn would not be an accessory use, but a primary use. Second, from the size of the barn proposed, it sounds like the Quinns want quite a few horses. I think they would be limited to two horses per lot (i.e. , on which the barn is located) under the County regulations. It seems that, as a maximum, the Quinns would be allowed four horses, if the barn and house both cross property lines. I don't think it would be possible for both structures to be located in all three lots. Incidentally, the City's zoning does not limit the number of horses by lot in residential areas as long as the horses are for personal use only and not associated with a commercial operation (e.g. , such as boarding other people's horses, lessons, breeding, etc. ) . Sanitation and noise and other nuisance codes have to be addressed but are not usually a problem. Lastly, it seems that, if the Quinns are only developing one lot or a small percentage of the block, that there would be more argument for not requiring the standard subdivision infrastructure; however, where almost a third of the block is being developed and more than one dwelling unit is being constructed, the infra- structure ought to be installed. I may be reached at 350-9782 if there are any questions relating to planning matters. Again, I apologize for the lateness of the letter and hope that this provides the needed information. Please feel free to contact me if I may be of further assistance. Sincerely yours, sailje G e Flebbe Pla ner II Enclosure: Resolution 58, 1983 cc: Dan Moore, City of Greeley water Resource Engineer Tom Sizzell, City of Greeley Fire Department Duane Scheel, City of Greeley Fire Battalion Coordinator Steve Bagley, Deputy City Engineer 9:30110 MILLIKEN VOLUNTEER MILLIKEN MILLIKEN STA.M FIRE 101 IRENE ST. PROTECTION ` �l MILUKEN,CO.80643 DISTRICT I 1 , ' ply P.O. 6OX 41 MILLIKEN MILLIKEN STA.02 COLORADO 4225 YOSEMITE 80543 GREELEY,CO.00834 FIRE & RESCUE DEPARTMENT December 3, 1992 Mr. Keith Schuett Weld County Planning & zoning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Mr. Schuett, On Saturday, November 28, 1992, I met with Dr. Quinn, George Underwood and Glen Droegemueller to discuss necessary fire protection for the construction of the proposed Quinn residence and horse barn on Lots 7 and 8 of the West Ridge Subdivision Fifth Filing. The Milliken Fire Protection District has responsibility for that particular subdivision as long as it remains in Weld County, and I do not feel the proposed barn or house present any unusual protection issues for the District. Dr. Quinn has agreed to place a fire hydrant on proposed 24th Street and tie the fire hydrant into the extension of an 8" water main required by the City of Greeley. Dr. Quinn has also agreed to provide a gravel access road on 24th Street from the location of the fire hydrant east back to existing 24th Street pavement and has also agreed to provide a temporary gravel road which would provide access to his residence and horse barn, both for Dr. Quinn's own use and for emergency vehicles. The distance between the proposed fire hydrant and the location of the Quinn house and horse barn does not exceed distances which can be adequately served by the Milliken Fire Department with equipment the District possesses. As long as the access is maintained in a manner which will allow the Fire Protection District equipment to reach the fire hydrant, the property does not pose any particular problem relative to fire protection. If I may be of further assistance in this matter, please contact me at my office (330-8008, extension 276) or home (330- 3102) . Sincerely, 40, /�lyy {/y �/7/ Darrel Schneider, Chief C V Milliken Fire Protection Di rOth o 7 m � t_I "Unla 4,nr."r.manning RESOLUTION RE: APPROVE ESTIMATE FOR REQUIRED CONTRIBUTIONS FOR SECTION 8 PROGRAM FOR 1993 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, on January 25, 1993, the Board was presented with an Estimate for Required Contributions for Section 8 Program for 1993 between HUD and the Weld County Housing Authority, with the terms and conditions being as stated in said estimate, and WHEREAS, at said meeting of January 25, 1993, the Board deemed it advisable to continue said matter to January 27. 1993, to allow staff adequate time to prepare said estimate, and WHEREAS, at said meeting of January 27, 1993 after study and review, the Board deemed it advisable to approve said estimate. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Housing Authority Board that the Estimate for Required Contributions for Section 8 Program for 1993 between HUD and the Weld County Housing Authority be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said estimate. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 1993. 1/� / l� /IGCa /f BOARD OF COUNTY COMMISSIONERS ATTEST:/ /0//a J�J //// J/�l WE,COUNTY, COLORADO Weld County Clerk to the Boardl7i �/��� // //f //� / Constance/ L. H rbert, Chairman BY; jr' 4Jj . �.�n N�/ -Q.�ftli Deputy Clerk to thejoar.t7 W. H. b ter. Pro-T APPROVE T R • / e eorge Baxter . 1 County Attorney Da . Hall / Barbara J. Kirkmeye 930109 I-113(0012. • e-- fi/} I Supporting Data for a end Urban' Dove Housing"° . /41% Annual Contributions Section 8 l`' Estimates Housing Assistance Payments Program Noet See instructions in appropriate program handbooks. OMB No.2502.0346(exp.10/31/86) 1.wise,moon,Arm/ltm.lm MM AO*.ssl 2.Project NS. I _- Weld County Rousing Authority CO i9 9 Jy 0 9 0 I O - Ill 7 P.O. Box A Y s.a.e.we �{�� Greeley, CO 80632 CJ Original )&(Revision N0, i 4.se et Iym.me0 Veils I xe.el UM IIs.M 198 2376 Part I Estimate of Annual NOusln9 eem Ia. sewer el M.ntrt rwea«.w w r.Swint usMM V*Men a% A^.wr1 Week* Assistance Payments Required °I ves,.I~ °°°°°. li wne.r4 r.rM sews. alert ULamana. maws ~fir Ores NOS Imam. al mi 4$ N1 to in w 6. 0 BR 7. 1BR 60 S75 171 204 ' 720 146,880 e. 2 BR ri 450 172 1/8 864 240 192 9. 3 8R 57 550 222- .526 684 - 224;352 10. a BR 9 625 201 424 108 45.7% 11. 12. 13. 14. 15. Total %///��f6R:wM. ��//z/r�� A4r»..w.P335 Part II Calculation of Estimated ee Veit Alerts Rent *Sew ule(le Anent Ongoing Administrative Fee (q x (14 ,. 10 x ieF - (N is. 2376 501 1,190,376 689 82,017 17. 82,017 Pert III Calculation of Estimated wM10-I see.anA Namable*I I« Imlay Per Imy Thee Ne,e«w..e Noose Fee(Existing Mousing / Imia)ra1« no _ on eertincetes and Mousing Pee vouchers only) tv.��// 6 x 45 270 Part IV Calculation of Estimated norms.Arrow Preliminary Expense ma uses. i Map blese«,y« Irl ON -_ Administrative Expenses 20. Administrative Salaries 21. Employee Benefit Contributions 22. Legal Expense 23. Travel Expense 24. Sundry 26. Office Rent 26. Accounting and Auditing Fees 27. Total Administrative Expenses Non-Expendable 28. Office Equipment Equipment Expenses 29. Office Furnishings 30. Automotive 31. Other 32. Total Non-Expendable Equipment Expenses General Expenses 33, maintenance and Operation M°r u°....EAA..own 34, Insurance 35. Sundry 36. Total General Expense Total Preliminary 37. Sum of Lines 27.32,and 36 Expenses st 1.09 Previous Editions Are Obsolete MOPS2672(245) CPO, lees--an-n.ne. MB 74201 milmilmik Estimate of Total US.Department of Housing � and Urban.Development- , - -. 1• Required Annual Section 8 • Contributions Housing Assistance Payments Program Notc See Instructions In appropriate program handbooks. OMR No.2502-0348(exp.7O/31/86) L PueN,mum avast?(N.m.and Aden) L Prase)No. Weld County Housing Authority i i i I 'll 4 019 O 010 6 Q)112 I obetleekst P.O. Box A 0 Original ® Revision No.: 1 Greeley, CO 80632 4. Annual Cadtlbutbrr.Contract No. 5.MUD F1.10 Ora,. 'I.MO Rplan.l 0$R.. 7.No.Dwelling Unita d. ■e unite M.kR. DEN-2392-025—V Denver CO Denver, CO 198 2376 a.Icusp Program Type(MNM On.) t 0 N)NNewConan..+ 0 (Wbm:. mio Ree.pllu e)M00en1. llon 0 ( R.I.bilks0, 0 (m lamp Certificates la Certificates .�7lte.le. Jyu t.,Novel*.VateAm IS PIA Fiscal Y..&Mp pale(Meet.ne and romp..yew) 0 Ira Moth 31. 0 (0)June 00. 0 IM September 00. a (4)December 31, 11Y. 93 PIA Estimate LNaulp y_b.e Only) PHA[MNMw. Rua Award{Nwsnp vxrob..OSII Nub An..nd I. Maximum Annual Contributions )Nrub9�•—nmate PIA Fee Taal '(fau•rpT.,eens pN/I US u) N n) (d) in If, — 11. Maximum Annual Contributions Commitment 669,253 64,194 733,447 12. Prorata Maximum Annual -0- Contributions Applicable to a Period in Excess of 12 Months 13. Maximum Annual Contributions for Fiscal Year (Line 11 plus Line 12) 669,253 64,194 733,447 14. ctal ancatBeginni or 1,009,280.9E 26,583.53 1,035,864.' 9 Actual Balance at Beginning of Requested Fiscal Year 15. Total Annual Contributions Available-Estimated or Actual 1,678,533.96 90,777.53 1>769,311.4 ) (line 13 plus Line 14) J BAPS FEE TOcAL PROJECT A.C. Project Acct. Balance 91 881,076.96 35,907.53 916,984.49 006 94,737 Annual Contribution 92 761,985.00 72,456.00 834,441.00 007 55,353 Less Total Requisitions 633,781.00 81.780.00 715,561.00 008 98,077 1,009,280.96 26,583.53 1,035,864.49 009 70,506 010 106,914 011 272,377 ACC Authority 012 35,483 Contract Fee Total 733,447 Subsidy $669,253.00 $64,194 $733,447 NOTE: This budget does not include contract authority for Project 005 which will expire in 1993. Expenses associated with project 005 are included for the entire year. Estimates will be revised when "renewal" ACC becomes effective. "I certify that no employee is serving in a variety of positions which will exceed 100% of his/her time." 9a Previous EditionsAre-Obsolete - _ - Page 1 of 2 ! HUDd2QS 12-8) _. _ - H87420/ -IL Estimate of Required I 'KA rstimpieStirving Vow.."o. J PHA tvMW. MID Aopowe_pwrrq varoh..0n1Y} ran A�ynw • Annual ContributionsNoutl.g Prymento- PHZ%. T...1 ' (ou—Ti g P M.a.. I'RA .. -- TIM (pl to) (sl (.1 (g 18. Estimated Annual Housingr L657'335 657,335 Hssis2672 Payments(Form HUD-52672. Line 15) • rt7. AdministtlOnpmn9 $2,Q17 82,017 Atlminlstrativa Fee(Form HUD-52672, Line 18) 18. Estimated Hard-to-House Fee 270 270 (Form HUD-52672, Line 19) / 18. Estimated Independent Public Accountant Audit Costs 1,300 f 1,300 Estimated Preliminary 20. trative and HUD-52672, UD-52 3672alExpense Is -- .0 : • Lines . . Carryover of Preliminary Admin- 21. istrative and General Expense not Expended in the -- -- Previous FY Ending:( / / )' 22. Estimated Non•Expendable Equipment Expense(Form -- --2) ,e'r HUD-52672, xpe se -- -- / Carryover of Non•Expendab.e 23. Equipment Expense not Expended in the Previous FY Ending: ( / / ) 24. Total Annual Contributions ' Required-Requested Fiscal 658.516 82,287 740,803 Year(Lines 16 through 23) 25. Deficit at End 0f Current —Q— -0— —0— Fiscal Year-Estimated or - Actual 26. Total Annual Contributions 658,516 82,287 740,803 Required(Line 24 plus Lino 25) • Estimated Protect Account 27. Balance at End of Requested 1,020,017.96 8,490.53 1.,028,508.45 Fiscal Year(Line 15 minus Line 26) Provision for Project Account- 28. Requested Fiscal Year Increase 10,737 (18,093) (7,356) (decreaseHLine 27 minus Line 14) Ill. Annual Contributions Approved Total Annual Contributions 29. Approved-Requested Fiscal Year(Line 26 plus increase,if 669,253 82,287 751,540 any, on Line 28) Source of Total Contributions 30. Approved-Requested Fiscal Year: 669,253 64.194 733,447 (a) Requested Fiscal Year Maximum Annual Contributions Commitment(Line 13 or Lino 29,whichever is smaller) ! - (b) Project Account(Line 29 minus Line 30(a)) -0- 18,093 18,093 slgn.iur..Nane r•n This of PPM Appro ln.O.•".',..,n a.) FBI natty..rises ens Title of Approving MUD r1..Oft.OMkl.l(ans 0si$ Constance L. Harbert ATTEST: 9 0 '_09 Chai an i o? r rU �c/i1- WELD X1.1 , E. s' — a Page 2 of 2 - BY:. - 04/0//9.3 DEPUTY CLERK T T BOAR Sc, r DEPARTMENT OF SOCIAL SERVICES P.O.BOX A pREEIEY,COLORADO 80632 Administration and Public Assistance(303)352.1561 Chid Support(303)352.8933 Protective and Youth Services(303)352.1923 WI I D ego Food Stamps(303)44tfn5p FAX(303)353-5215 COLORADO TO: Constance L. Harbert, Chairman, Board of Commissippte/l� Y FROM: Judy A. Griego, Director, Social Services SUBJECT: HUD Estimates of Required Annual Contributesr 1 DATE: January 25, 1993 Attached for Board action is Weld County Housing Authority's Section 8 Estimates of Required Contributions for FY 1993 which were discussed at the January 18, 1993, work Session. The Section 8 existing programs, as administered through the Weld County Housing Authority, is based on an Annual Contributions Contract (ACC) with HUD. The term of the Voucher ACC is five (5) years. When the initial ACC expires, HUD issues a "renewal" ACC to replace the original units which were allocated to the Housing Authority. HUD assigns "project numbers" based on the respective allocation of units. Project Number 004 is scheduled to expire February 28th. HUD will prepare a renewal ACC for those units (11 units). HUD is now asking us to revise our Estimates of Required Contributions to reflect the additional budget authority for the renewal ACC. The Estimates of Required Contributions are HUD required estimates for the Section 8 Certificate and Voucher programs. The Supporting Documentation form provides a breakdown of what we anticipate our expenses to be based on the amount of the Housing Assistance payments anticipated to be paid out. Based on the number of units subsidized each month, we determine the amount of the administrative fee earned for the two (2) Section 8 programs. The amount of contract authority from HUD is determined by the Annual Contributions Contract between HUD and the Housing Authority. The total Annual Contributions available is determined by the amount of the Annual Contributions contract, plus the carryover authority called the Project Account. Under the Section 8 program, there are two (2) funding categories: Housing Payments and PHA Fee. PHA fee includes the administrative fee, Hard to House fees (for three or more bedroom units) and Preliminary costs expenses. Housing Payments include the actual subsidy payments made as well as the cost the audit. The total anticipated contributions required for the Voucher program is $733,447. The Department recommends the approval of the Estimates of Required Contributions for Section 8 Voucher Project Number 006 through 012. 920".09 1,3c C9 HA Oor a- RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE ISSUED TO ZANE RICHARD PAVLICA, D/B/A HOMESTEAD SALOON - EXPIRES FEBRUARY 26, 1994 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, Zane Richard Pavlica, d/b/a Homestead Saloon, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C., said applicant has paid the sum of $98.75 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: Weld County Road 136, Building 39520, Hereford, Colorado 80732-9999 NOW, THEREFORE. BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 93-06 to said applicant to sell malt, vinous and spirituotz liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk to the Board, of Weld County. Colorado, which license shall be in effect until February 26, 1994, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. 930105 1-0—CMCIs u /9►°n, Sp RENEW LIQUOR LICENSE - HOMESTEAD SALOON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the fol win vo t�jon the 18th day of January. A.D., 1993. /J]�f}iip/ G�4ttL BOARD OF COUNTY COMMISSIONERS ATTEST: km)) ��u���/// WELD LINTY, COLORADO Weld County Clerk to the Board /7/-47-72..W:24,040 %�f�✓i/i Constance L. arbert, Chairman BY: ' /7,4/111-/-1-1/7 4.ttee-f-1,7 A 114 Deputy Clerk to the Bgas& S W. H. bster, Pro- em APPROVED AS TO FORM: orge B cter / County for y Da . Hal 6 Barbara J. Kirkmeye 930105 ,Ma;;;; r ^Rj ..`Y Mft, THIS LICENSE MUST BE POSTED IN PUBLIC VIEW OR 9402(10/921 • STATE OF COLORADO DEPARTMENT OF REVENUE • Liquor Enf orcement Division 1375 Sherman Street Denver,Colorado 80261 PAVLICA ZANE RICHARD HOMESTEAD SALOON W C R 136 BLDG 39520 HEREFORD CO 80732-9999 1 ALCOHOLIC BEVERAGE LICENSE Liability Information Account Number County City ladvst, Typa Liability Oats LICENSEEXPIRE$ATMIONIGHT 14-29235 03 206 5813 1 022789 I FEB 26, '1994 Type Name and OaaofptIon of License I Fa T TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS $ 50.00 COUNTY 85 PERCENT OAP FEE $ 276.25 TOTAL ItEE(MI $ 326.25 1 This license is issued subject to the laws of the State of Colorado and especially under the provision of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described.This license is only valid through the expiration date shown above.Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman Street,Denver,CO 80261. • testimony whereof,I have hereunto set my hand G ef SL aelf&pt et( JAN 2 5 1993 OlvblonObactor - . Exaoutiva OR tee 9301.05 Ski 1►I06 , i f • xT � i..yx' ,/ .r .)j' ) O Q � �K' ,. v.. / .- \. r• fs ; ;11:'�?ilk 4-i ; ri} a '�r�':rC� }n ,o m 0 46 .i. ,!?,;z1,-,;$>&./!.i ' • •4' a ooh �wT\ i 1144 D . '•_ ;/ :: r vi °7W F'ofin _� N i ii �v Cd `l m'� o Oti oft in; i O o s Ira: in ro: [i! II.' ti -„ j o m S 1in•24: r si, ,,,' • •i r -` a "2.a. ccr i g• v. a: r ',bt,s cn y 5e '- yy gg i ���'�<9 O' p. ?A O O b 6i .< u m ni I! l 3 3.r r , `+' i , }(47-1,1,0--ems 0 o W r y rr. Hp.! 7 I , , „ o''i',C o r o > N f�ro cr.� m s m ! m 2 a y Y rw ro ra ! o o O �� -rec. 40 A .p c. O 1Il 0 CD a f � � ^ ',/,e,(.. k ,r(I !v�/ '`.G.1' f (Dca �" x •O 0 0 'A t.O r1. 7M , b' Xe romy j't tia f.4 I ,,•fix Q O IfriO ° ^1 . C C O 5, !•.}` ♦1VM� .03 C: �w 7d a. Z .a.. b r 4{i ,W. m�7 ` .. t� g Z• N x ; y xi xtin 0-4 OH al lo ,am o :� roory lc�i � •oao4 .M ; r� if, r � A O .,, ..re'C� :. {.. 9 m w �! z ! y. . z rein g, i , M� O � , z • ! E 'g-Apo . 8H5: yHI x p`! yu p ! L''-c0 Q Na Ca yzz 6f • n gy > y �.f4 � o'• �O. , L� vr � G C :C 4; In i (\; l�+ :� O,. rU/ C f �. O V jH H�n it� rn 8 �°o d E*i c3 E �c 6 i to A t C ♦� ftD ~ W O O .y Vj . 4cyF ig E+ .. Tta. 0. : Rab3 I NI ri ro I,xi �/a ' ; j f , tat g°i m'C p ppo iO: 1j� d I 'aS Ir 0.>, ' 2.. 0. C f (AQt. !(, t + i4 d fence fer tN3J II 0r e } m �vp „ tE i rV ' f• vv4 fr ,,1 ' P' i {• �1 J.�� W `f, R .1 X r ,, • '' ,t i j / / :, .. v-7`....-77,` .S✓ o \�'L` . �W v,t'�`j� , '74*.'i�1r Mme , yr� r r v+Y.�,:. � r ��v � \{r �:' ,...2:::::1/411,l;...,- a:. /, r 1� i i . / `�; (\ a �1 r A r4\ - n / f n": : : ' : l,.. `Y y ' r ; `:,;: • kip =.1 it i`lr t '.r ct' ke "F I t OR 4100(9189) Coq.Dept Dr Revenue Liquor or 3.2 Beer License - V�p.pr ermanmtm DiNsion 13hS SMrman Street .. ., llDame NunOor. � tJwnr TYPe: • t7Mvea CWDrado 80261 Renewal Application 14-292 5 ; BBe3741 Liability Inf0muB0n: 03 .206 '5813 1 022759 2.'AvLICk TAKE 'v.I.CHJRU easiness Location: • r'.:MtST -AZ/ 5'bL20N C R 136 oLCCC' 3952C 2 ;!C)( 60 HcR2FORO_ CC Hi:RE:0RO Ct. e,077.2—3080 ' Current License Expires: Vie 26.1993 YOUR PROMPT ATTENTION IS REQUIRED.FAILURE TO COMPLETE THIS FORM ACCURATELY • sIGNNEF01m AND PROMPTLY AMY RESULT IN YOUR LICENSE NOT BEING RENEWED. • ENCLOSE TOTAL AMOUNT DUE • FILL OUT THIS FORM COMPLETELY AND CHECK APPROPRIATE BOX BELOW. • SUBMR FORM TO LOCAL(CITY/COUNTY) .3,!!•-1'his renewal reflects no changes from last application. LICENSING AUTHORITY FOR APPROVAL C There are changes from last application.(Report changes on form DR 8176•`Report of • CHECK YON LOCAL AUTNORRY FOR AMOUNT Changes-Liquor and 3.2 Beer Licenses'and attach that form to this renewal application.) OF LOCAL FEES. I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my knowledge. 'Autlred Signature' ( " Date: Business Phone: ((n c `K 01...0%-tee, of- (2 - fl ,3 y9h-z�/ T111 e'bt Signer(it corporation): `Sates Tex No. ArrACNEo DR 8401 MUST BE COMPLETED(ALL 3 Cons) SUBMIT THE STATE COPY AND LOCAL(CITY/COUNTY)AUTHORITY COPY TO YOUR LOCAL(CITY/COUNTY)LICENSING AUTHORITY NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRES. -. EXCEPTION: Wholesaler,manufacturer,importer,and public transportation system license renewals do not need Local Licensing Authority approval and must be returned directly to the Colorado Department of Revenue no later than 30 days prior to license expiration. REPORT AND APPROVAL;OF LOCAL LICENSING AUTHORITY The foregoing application has been examined and the premises,business conducted and erecter of the applicant are satisfac- tory,and we do hereby report that such license,if granted,will comply with the prpvis of Title 12,Articles 46 and 47,C.R.S. THEREFORE THIS APPLICATION IS APPROVED. iX Local Licensing Authority for. F"d D C1/4:1;r17 COLE?ADO l(/ C TOWWCITY COUNTY Signature: Tie.CPA H!AN P O T EX CO Yfl' COX.XiSSioN RS Attest: < . , l ,.Date 7.7 (..., . 'TTY01r r 01/1;/93 Do NOT 051ACH-DO AO1 DETACH•DO NOT DETACH•Do NOT DETACH•Do HOT DETACH•DO NOT DETACH.00 4OT DETACH-DO NCI DETA0N•_Do NOT DETACH "--BUSINESS LOCATION:_,. 36. t'a DG .301520 ' -- . < -..- •. - _ Cfi NAME: USE LICENSE NUMBER LIABILITY INFORMATION RENEWED LICENSE • A I FOR ALL REFERENCE COUNTY CITY INDUST. TYPE Lug.DATE EXPIRES AFTER gr 2AVLICA. tit NY ':'_hA :i :4-29235 C3 206 5613 1 0227:c, Q2-26-94 TYPE OF LICENSE ISSUED CASH FUND STATE FEE CITY 85%OAP CO 85%OAP 66-01 (9) 414 (9) 143-0 (9) r 37-1 (9) 49.1 (9) ...TA ',it Tin L Kul~ J UCUS. ;.La Sr1nST:,;GS : 4C t [`.;.CC p 25.00 $ 270.25 Make Check payable to: TOTAL AMOUNT DUE*- 326.25 COLORADO DEPARTMENT OP REVENUE EXTENDED HOURS—Applies only to Hotel and Restaurant,Beer and Wine,Club,Tavern, Extended K? land Arts licenses.If desired,check"yes"and enclose Total Amount Due PLUS 5170.00. ❑ Yee Z No „D /t98,1s 41.03-040 • 930105 LC009.y- _. pn840""a°) Attachment to Liquor/3.2 License Renewal Application This page must be completed end attached to your signed renewal application form, Future to include this page with the application may result In your Boone net being renewed. Trade ame of Estab ishrnent` S license Number_nme.S-L2ad 'sa\ ooA. /4- 7.92. 5 1. Do you have legal posession of thepurists" _for which this application for license Is made? •-. YES❑ ND❑ Are the premises owned or rented?'?7zc'y_L'�, If rented,effective and expiration date Of lease: 198O � 1 Octa G -; I, 2. (a) Has the applicant,or any of the partners,or officers, stockholders or directors of said applicant(if a corporation)ever been yES 7 No k . convicted of a crime?If answer is'yes,'explain in detail and attach. , (b) Have persons lending assistance or financial support to the applicant,or manager,or employees,ever been convicted of a crime? YES❑ NDZ If answer is yes,explain in detail and attach. 3. Has theapplicant,or any of the partners,or officers, directors or stockholders of said applkant(if a corporation)or manager,ever: , (a) been denied an alcoholic beverage license? YESO NDI�: (b) had an alcoholic beverage license suspended or revoked? YES❑ NON. (c) had interest in any entity that has an alcoholic beverage license suspended or revoked? \ YES❑ NON' if answer is yes'to any of the above questions,explain in detail and attach. 4. Does or did applicant,or any of the partners,or officers,directors or stockholders of said applicant(if a corporation),have a drect YES u or indirect interest in any other Colorado liquor license(include loans to or from any licensee;or interest in a loan to any licensee)? If answer is yes,'explain in detail and attach. 5. Identify the persons,firms or corporations who now or will have a financial interest,evidenced either by a loan to,or equity ownership in,the business for - which this license is requested.State the names and addresses and the amount and source of such financial Interest(i.e.,bank,relatives,friends,previous owners,etc,),expressed in dollars or other items of value,such as Inventory,furniture 01 equipment Use separate sheet If necessary. e _Address I Interest Type and Amount CANT 100401 ST LICA -PO-€ot.8O 14_41c40fa iotb bncw"( I `--- 6. List on a separate sheet the names and addresses of al liquor businesses in which any of the persons in question No.5 are materially interested. . rating Manager ., (( n�ress Date of Birth �ms L l ALA) Vcv LT tA A 0."3oX go 4ecQ''ecA Cdio ko13z ilo-ott`405 8.If applicant is a1 partnership(except husband and wife), list all general pailrars.Use separate sheet if necessary. 'Name I Address Date of Berth ! Name Address Date of Birth 9. If the applicant is a corporation,answer the following: (a) Corporation is organized under the laws of the State of: D N A Date Incorporated: (b) Principal place of business is: (c) Date of filing last annual corporate report to the Cob.Secretary of State: President I Home,Address I Date of Birth Vice-Pres. I Home Address I Date of Birth I's 10A I Treasurer Home Address I Date of Birth I Secretary I Home Address 'Date of Birth AIVA I . (e) List all stockholders,5%or over,(if a public corporation)including actual owner or. edgee.(Use separate sheet it necessa7) - I Name I Address - Percent of Stock I Date of Birth N Name th N I Address I Percent of Stock Date of Birth Name I Address I Percent of Stock Date of Birth • • IN4 • I (0 Name of all Directors'/Trustees of Corporation I Name A/ Address I Date of Birth 1 Name A u re 'Address 930105 ' Date.ot irth '( ( DPSBIB20 DESCRIPTION OF MESSAGE IN IN-BASKET Message : Reply to your message of 01/14/93 11:24 : WE HAVE NO RECORD OF ANY CONTACTS AT THE HOMESTEAD SALOON IN : HEREFORD. JUDY Received from : PCJREC07-MAIN Received : 01/15/93 14:10 Sent : 01/15/93 14:10 Select an option and type it below; then press ENTER. 3 Send 8 Reply 9 File 10 Delete PF1=Help 2= 3- 4-Main Menu 5- 6-Past Path PF7= 8= 9- 10.2 11- 12-Quit ---> MB• _ __.�___._._..__ o-0001 24/007 9201.05 e P 387 472 551 RECEIPT FOR CERTIFIED MAIL r»lxwweC covenaa:vaovrom . 0� � ih a. be NOT rON INTEWIAiteNQ Mall a % ,r 2 r'r 1 0 { F (See Reverse) r,.,r d 1' A V x l Y COLORADO DEPT OF REVENUE i, ' 4 it 11 . In 1.,ax F LIQUOR ENFORCEMENT DIVISION C6 Z - w STATE CAFXTOL ANNEX r j c 14 $°1‘r,' 1375 SHERMAN ST % ; •• e tit A DENVER CO 80203 Certified Fen " { 'W aj. F„ , t`a' Ak; ail,. Special Delivery Fee �. ,* Q Restricted Delivery Fpe '�„ ,73, ^ Return Receipt slowing 7 I Y 1 ,. N to wnorn and Dato De!rvered `p x, Return Receipt showing to whom, Date_and Aecress 01 Delivery , r t` t 6 r !aa TOTAL Postage and Fees 5 -s tP Ppstmar4 a Dale` �'" r �� 9' ib }'y r 4 ���7�/ �_ tax n� !yY . SM.R 3 • 9301_05 ,5tnci7en +'''' ' r.',...” 4!)":'''' ,1{ P 387 472 561 ! o s : RECEIPT FOR CERTIFIED MAIL r� j NO INSURANCE COVERAGE PROVIDED 2 '' 6� NOT FOR INTERNATIONAL MAIL '� r ►+ N f 1111 t r tV to so (See Heverse) yyy 1 A r ty 4� 1tK, a ° iv r; ZANE R PAVLICA 411n t° 1 en HOMESTEAD SALOON ' ' ' ,', I r s t9a ,'' WCR 136 BLDG 39520 e ' o � § P+ is' r ,ii' ,1 HEREFORD CO 80732-9999 r c' N z { 1 i, it '+D N r DeNfiee Fee , rD i�}4 1 y 7 r i +O +1 + )Y. 1 t Special Delivery Fee . $�, ,ii O • ,1,,r YN* ,:ti, p 1 I S 4 1 n Wt ',4 A F'k y w v[N Restricted Delivery Fee Y _ 1 1 1 I ., _ Return ROCO'O'show ng 1 r J 4f' to n an0 Date DeOveree �' yy ° t^ "" •` I a . •i t� e +tea, W+3 >' PR °.. yl. °a Return ROCO�Pt showing 10 whom. Date,and Address of Delivery g° �t14.'4 Y 'r Y j 'OTAL Postage and Fees is < a 47 1 �y R ,h .. 1/• . I 1 -.3 o„r' r ?4fii OP! qg Postmark or Date + t r .�pf '$'+91 ^f j b T '" Abp r i H Y t r. t r �.�S G / r 1 It: tr. UCH W Ye t LL pry r t F ,; a ,a a 1 r r�<}IC ' x;'111 lr4f t tr4 ' ,.% `Y i'` t�. t R2; t + . e '� ' � Ce ^✓ '' q'» pk at al td, `. 3 Y � + , "� rs N y 1 Y 'sit,14 1;Actk Ise- 930105 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, ISSUED TO LUCKY STAR CORPORATION, D/B/A LUCKY STAR BAR AND GRILL - EXPIRES APRIL 18, 1994 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. Lucky Star Corporation, d/b/a Lucky Star Bar and Grill, presented to the Board of County Commissioners of Weld County. Colorado, an application for the renewal of a Tavern Liquor License, with extended hours, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C., said applicant has paid the sum of $128.75 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 33131 Highway 85, Lucerne, Colorado 80646-9999 NOW, THEREFORE. BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 93-07 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk to the Board, of Weld County, Colorado, which license shall be in effect until April 18, 1994, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. 930114 C'DDl(o ,c_ RENEW LIQUOR LICENSE - LUCKY STAR BAR AND GRILL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following vote on the 13th day of January, A.D. , 1993. /� ,lI r�� BOARD OF COUNTY COMMISSIONERS ATTEST: / �U WE/L COUNTY, COLORADO Weld County,, Clerk ll to the Board Constance Consta�L Harbert, Chairman I Deputy Clerk to the Board.--N W. H. ebeb Pro-Tem APPROVED AS TO FORM: eorge E.,Baxter Ce 2,(91/10V--- J,i,Q County Attorney Dal K. Hall O Jl��f-tlggparbara J. Kirkmeyer1 930114 r THIS LICENSE MUST BE 'POSTED IN PUBLIC VIEW DR 8402(10/92) STATE OF •COLORADO DEPARTMENT OF REVENUE Liquor Enf orcement Division 1375 Sherman Street Denver.Colorado'8026 T LUCKY STAR CORP ' LUCKY STAR.BAR&DRILL 33131 MWY 85 LUCERNE CO 80646-9999 ALCOHOLIC BEVERAGE LICENSE Liability Information ) Account Number County City Indust. Type Liability Oat* LICENSE EXPIRES AT MIDNIGHT E I 14-29494 03 206 5813 3 041989 APR 18, 1994 Type I Name and Description of License Fes T I TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS $ 50.00 I COUNTY 85 PERCENT OAP FEE $ 276.25 TOTALFEEIS) $ 326.25 EXTENDED HOURS This license is issued subject to the laws of the State ot Colorado and especially under the provision of Title 12. Articles 46 or 47. CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described.This license is only valid through the expiration date shown above.Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman Street.Denver.CO 80261. testimony whereof,I have hereunto set my hand. SL - c..lea G. eif 1/41-4/€44 ce theei.,N, JAN 2 6 1893 Division Director Executive Dire for 930114 M�'Otz6 `\ r • { F /. v !!!Y ib1 31"�Fj �I{ �., lv =?'. '4{ W r f p I II 1111 iI {1 I� 1 'v 1, j 1 ..ra :•o) it 11y c) - gyp}. ii . SII\1 m v, {W 9PI 4L1 r n_T W a> { O i O W \! FEva. � Ls g 4 to cn H � � � � ' { ca,„.., d'h �° ' 4 J 1.'� i � 2.j q w � r E °Y'� O v,; z O saws s > mi v r, ¢ .. .. A -' a o \ o - v 0 ' one as v x o s °x x .a �°0 3q'.D% O. z p. J8 rtg°ivya Al N a � C 1~ fl Irn �o • ''t ow , 1 ' 8 wlnhIi co a ohi i e .a s off E . w m • .. 0. , R°F i`4,4 t5 0 o5. 1 _ �i xi L1. cQi So ui aC- S . 8 _/ "'{.y % p 40 Q. N I i O'm..h::-.. •' W itR co '41• Q O �� a y a v W n rn o\ ty + m v � dig., p. � Qs °o zg 5 0g d F'.c Wo F r r , a :, • U � ,, : F 0 t H w D W N e q G ..OiQ ,•O U I yQ' .j •� b r i �-] 'C H .�q n, wq O N °`iv ` FI < J a 4' w w y g z 00 m� 0 �r , \ ,, L OY ■ W pq �.ij P " ,g •.. `� oboe-..�',a' ..',i 1 S i . 1 • a M A � F N Y� :is b O F �. , (� ,� ( � � a � �}�r+ o q H ? � �' of � r { �, / Q \ ' a LL.1 'i1-5 Erg.: F 6 as "O q .En•'w ! [n Q y � i.�i °+ .. 8..4 to vNv p 8 ,n a H p 7� Iplap fir✓ V ti^� mf" , + is if ��y d O k • ��� F. I�i !, a '� { J 7 / A �j,�'t `o a a ;:',';/ l)441:',-1.1-142,,H -c i/ 1 i ) , \ r • !' ' L / J u r4v.",.4'.-,,;::r;n tide , :•`, y y l,• V../•7,;:', ),4</?;',14,`,',",r,,. .;(s' 7, L ; +cf � "V i , / ' • + v • DB 8400 (8/89) ".venue NUquor or 3.2 Beer:Lic se Lquw Enforwnem.iNvielon 1375 name License Number.. . . Lioenw Type: e ° °ao261 Renewal Application 14-29494 Liability)information: r36 S. 13.3: 04:L.Yd9 LOCK C3`,2 • Business Location: .r v STAr: ,.•,•,; 't ' 3.1131 H 4Y a5 LUCERNE CO . f:. 60^646-00`2 Current License Expires: - - ,S?R 22.1993 �Y/©©L TY C,`'r,PM YOUR PROMPT ATTENTION IS REQUIRED.FAILURE TO COMPLETE THIS FORM ACCURATELY - SIGN THE FORM AND PROMPTLY MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. . ENCLOSE TOTAL AMOUNT DUE • FILL OUT THIS FORM COMPLETELY AND CHECK APPROPRIATE BOX BELOW. • SUBMIT FORM To LOCAL(C1TY/COUNn') 0 This renewal reflects no changes from last application. UCENSINO AUTHORITY FOR APPROVAL *There are changes from last application.(Report changes on form DR 8176-'Report of • CHECK wITH LOCAL AUTHORITY FOR AMOUNT ' Changes-liquor and 3.2 Beer Licenses'and attach that ion to this renews application.) OF LOCAL FEES. T OkTFI O� CtCANT /declare under per) of paltry in the second degree,d at this application and all attachments are true,co,mct and comp$efe to the best of my knowledge. Autnarizen / Date: i Business Phone: ... Title of Signer Pt corporation) ` Sales Tax No. / _ ATTACHED DR 8401 MUST BE COMPLETED.(ALL 3 Comas) • SUBMIT THE STATE COPY AND LOCAL(CITY/COUNTY)AUTHORITY COPY TO YOUR LOCAL(CITY/COUNTY)-LICENSING AUTHORITY NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRES. EXCEPTION: Wholesaler,manufacturer,importer,and public transportation system license renewals do not need Local Licensinc Authority approval and must be returned directly to the Colorado Departmentot Revenue no later than 30 days prior to license expiration. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY ' The foregoing application has been examined and the premises,business conducted and character of the applicant are satisfac- tory,and we do hereby report that such license,if granted,will comply with the provisions of Title 12,Articles 46 and 47,C.R.S. THEREFORE THIS APPLICATION IS APPROVED. l.ocel-Lkerwing Authority tar, ,:) C '�S;.Y, CC' O"., 10 u TOWN/CITY :'`COUNTY Signature: Titied^Ay-K}•A:,, n L.,.,l wu,\,i 30Ak1 OF COMXISSIONZRS melt: Date DO NOT DETACH•Do NOT DETACH•DO NOT DETACH•DO NOT DETACH•DO NOT DETACH•DO NOT DETACH•'Do NOT DETACH•DO NOT DETACH• DO NOE DETACH �8tl6M,1E66•kUCAT{iJN:-+".?,�...k "sF` .^.'��-,:- v ._.,-._�.. _ ._.�,. _—.,- _ .. .. . . .._. _ LVC' c C , NAME: 1 USE LICENSE NUMBSR LIABILITY INFORMATION RENEWED LICENSE FOR ALL REFERENCE COUNTY CITY INDUST. TYPE LIAO DATE :EXPIRES AFTER po tl<`' S'/,.• C „ :4-29494 173 23t. 5;s:3 s 041289 C4-:3-144 u' Nf TYPE OF LICENSE ISSUED CASH FUN6841 D) 414 STATE FFEQE (9) C 85%OAP 1 CO 44 85%OA P gi MALT. Vi1; US. AND Uri 40 2' .Cc; V - :,. 2' .25 Make check payable to: I TOTAL AMOUNT DUES- 5 3;:k.).'51 COLORADO DEPARTMENT or REVENUE EXTENDED HOURS—Applies only to Hotel and Restaurant,Beer and Wine,Club,Tavern, frendect hours? F`.. and Arts licenses.If desired,check"yes"and enclose Total Amount Due PLUS 8170.00. 3 Yes ❑ No F % 2 - 930114 f "eo014,0 DRGW""9°) Attachment to Liquor/3.2 License-Renev 'EAppieltion i+ ,.,.i.,.,�,,,,„W'-this page`musi"ti.euYnpAtattanel ..sw--.,;1....,..-.-..:-_ __ w. Fauur.to Intrude ells papa with di*application may mull inyout Irma not Whig ramwd. frade Name of Establishment State Wilber '• !mac kV Sril-,t %s t 6/l/Lt. 'i 1 # fey 1. Do you have legal ., '.not the premises for which this application for license is made? YESWNO❑. Are the premi• ow • or rented? et w...-C2 it rented.effective and expiration date of lease: 2. (a) Has the applicant,or any of the partners,.or officers, stockholders'or Sectors of sakiapplkwit 6$acorparatlon)ever been YES NO.{r'". convicted of a crime?If answer is'yes;explain in detail and attach. - (b)Have persons lending assistance or financial support to the applicant,ormanager,or employees,CAN beenconakted of a crime? YESC NOR'- If answer is yes, explain in detail and attach. - 3, Has the applicant,or any of the partners,or officers, directors or stockholders of said applicant of a Corporation)or manager,ever: . (a) been denied an alcoholic beverage license? YES O NC ' (b) had an alcoholic beverage license suspended or revoked? YES U Nom' (c) had interest In any entity that had an alcoholic'beverage license suspended or revoked? - _ YES❑ ND.2' , If answer is'yes to.any of the above question,explain in'detail and attach. • 4. 'Does oo did apphtant,or any of the Partners,or officers,directors or stockholders of said applicant(if a corporation),hive a direct YES C, t10Q, _. _ .-or indirect interest in any.other Colorado liquor license(include loansto or from any licensee,orinte?est in aloanfo'any licensee)? � If answer is yes;explain in detail and attach. - - _......_. . .- __._ _.r. _.,_..W.... 5. Identify the persons,firms or corporations who now or will have a financial interest,evidenced either by a loan to,or equity ownership in.the business for which this license is requested.State the names and addresses and the amount and source of such financial interest(i.e.,bark,relatives,friends,previous owners,etc.).expressed in dollars or other items of value,such as inventory,furniture or equipment.Use separate',beet if necessary. - - Name . i Address n .77,F„y y Interest / r/i'Type and Amount i &r./' T r J ..c272./"....,1 �. . 14*/(. �94Ac,i7z/ .Si l'n4,//wr2d'% '7 c nI/FirmrGih..e i 6. list on a separate sheet the names and addresses of al liquor businesses in which ant of the persons in question No.5 are materially interested. 7. Operating Manager r 'Address `Date Bid 8.If applicant is a partnership(except husband and wife), list all general partners.Use separate sheet if necessary. . IName Address I Dateof$Irth i l Name Address l Date of Birth 9. If the applicant is a corporation,answer the following:4) -Corporation is organized under the laws of the State of: S/7 P G c,,,,)!? Date Incorporated: ' (b) .principal place of business is: 3-;/ ,:r/ /-/.c.,y t /rV -//ir f tn•;dor >? (c) Date of filing last annual corporate report to the Cob.Secretary of State:. —y /0/9,_,- President i Home Address / ".L C/Gicr f, -,Y/t"74- Date/Bey '_/`f7C.YFt r. .. --ZZA-4�9at/� 1.—,_ /jOY.._J 2-"__/`!/C-ir A/C=-1,:: --/C fE - I Vice-Pres. ;Home Address I Date o f3 nth 1 net i Treasurs,r_/ / / I Home Address / / / Date of B I Secretary/ / / / I Horne Address A A / / I Date of Birth I I . (e) list all stockholders,5%or over,(if a public corporation)including actual owner or.pledgee.(Use separate sheet It necessary) Name k Adore 1 Percent of k I DaOe B • /�/i t (1/2.4-Fe r.7/1�".#9.• 1c At CZ-- Le,-e '/Z/(.l.F e tit .57/27 l `/t.1 I. Name Address Percen Date o Birth/ Name ?Address - I Percent of tuck I Date of Bit .- 1 I • r (0 Name of all Directors'/Trustees of Corporation Name • Address r Date of Birth n4A`�I244 -"L. game - - Address 1 Oateef Birth n� Ii i I (( r)i { . STMESF COLORADO LIQUOR ENFORCEMENT DIVISION Department of Revenue 1223 j!..7 —7 Der 2: t,0 tA-1( 1375 Sherman Street,Rode 600 Denver,Colorado 80261 CLERK ,a Phone (303)866.3741 - 2,-).'•2;) FAX (303)8664541 l� T�'— v:-. :J Roy Romer Governor • John J.Tipton Fxoetiw Director David C.Reitz Division Director January 5, 1993 Lucky Star Corp, Lucky Star Bar S Grill PO Box 52 Lucerne, CO 80646-0052 • Re: Account No: 14-29494 Expiration: 04-18-93 We are returning the application of Lucky Star Bar & Grill for a Tavern liquor license. It cannot_ be filed as submitted for the following reason (s): *No local licensing authority (city or county) approval. Please submit applications to your local licensing authority for approval as soon as possible. Your remittance in the amount of $326.25 is being held by the Department of Revenue. If you have any specific questions that have not been answered concerning why they document was rejected, do not hesitate to contact our office. Sincerely, Mit M. Kim Word Processor I Enclosure(s) cc: Weld County 920114 WHERE EXCELLENCE ADDS UP COLORADO DEPARTMENT OF REVENUE fi lOP.6 . •• . ‘-'.:,...':.1i nrnn ;f 7 $� .. ;�1 ;21, w 7C .< " . ' �r. C. kt .p .p $ ,ir' aep q NreU4SOS b e C ':-./ft; . 1P a saes pue ewer-oa 1ri01 fc l w L /uav p ssarppy We'aled 1/4 1X 4-4::: OBMnllep ele0 ale e/04�'m r�y 6u�mdls:07Pue ::°i +y , ,4s s y Wy - 4,03AlaMp0 1e�0epg � 1 r ti 6666-99908 OD 2wn3 1 o'o n sa iEise N8 'rinD xva u; ADIri' aao� xvss x��nz ry ..,,,,,- 1OIAO d ThISNM31Nl NO!.ON Ud01Mtld 30Ytl3A0J➢7NYMOSNI ON If ti ti IIVW 43I4IiU30 8W Ld13338 � 09$ 2Lfi G4E' d 1 DPSBIB20 DESCRIPTION OF MESSAGE IN IN-BASKET Message : Reply to your message of 01/11/93 14:12 : WE HAVE NO RECORD OF ANY LIQUOR VIOLATIONS IN THE PAST YEAR : FOR THE LUCKY STAR CORP. JUDY Received from : PCJREC07-MAIN Received : 01/12/93 11:04 Sent : 01/12/93 11:04 Select an option and type it below; then press ENTER. • 3 Send 8 Reply 9 File 10 Delete PF1=Help 2= 3= 4=Main Menu 5= 6=Fast Path PF7= 8= 9= 10= 11= 12=Quit M MB= a A o-O001 24/007 DPSBIB20 DESCRIPTION OF MESSAGE IN IN-BASKET Message : Reply to your message of 01/11/93 14:12 : WE HAVE NO RECORD OF ANY LIQUOR VIOLATIONS IN THE PAST YEAR : FOR THE LUCKY STAR CORP. JUDY Received from : PCJREC07-MAIN Received : 01/12/93 11:04 Sent : 01/12/93 11:04 Select an option and type it below; then press ENTER. 3 Send 8 Reply 9 File 10 Delete PF1=Help 2= 3= 4=Main Menu 5= 6=Fast Path PF7= 8= 9= 10= 11= 12=Quit M MB■ a A o-O001 24/007 930114 tteifrOE7.6 r�wr-To -rn 4,07R".•£.7", s q NC+7f" ("1 • n IL d �, ;o',". xr 1,,l)fi S Y:[..t, f �i' , .• r ::,„_„,,,,,, ,, �Af1 ..1d , 4Y?t va:ftss py� �� r�, S A. ,I i 1 pC'/ 'M g1 �h;f• h e Yg N, �.. . }`' 4 , �4 ', ..ti-c' S 6104 oueaee1sod iv 104 c. i fis a 0 .4engadQQ Ip 61e1ppy Due•1100 c. T , 'w04an 0)8uroys 10,1068 W11Dy, 4 1 PodeAN Q.We0 W1(you.o1 #i . . > Ion ti F f .2Y au Mous Ida�ay wnay h oad 660 0Smµcay I ..+'ei:.h Q . � eed tianii60 ieroeeg I . ...-% A 4' ::,4 :71: , ill 4 A c . 1 A „ 7 PV7. i , Jo N �'i- � 1" 60Z08 03 ILIAN3Q ).� 1I IS NVFINSRS.CL£i s �, y� • x3NNV 'I0LJAVD ILYIS r - .e y N b ',, l,� N0ISIAIU SN3W333t03N3-10(1017 4-"i::44'i a . ', i t 2.41N3413)1 30 143a oavxozpa . .o 'F. .� r r , laSA9A6 y DOS) ins Topo niant i 10!IN lilt It It el d V 7*1 <r 0301Mur 3'JM3Ab)3JN9tlR5N1 ON y ; Vctl , - ,a� WA O31jaM3D HOd 1413031i • Q w of reV DSS 2th .L9E d OgEi .1 a a g e .1C3d< r � +s 1 . .a -c � ` Kati, fit' b J r1h ! I.A i'• V AR2320448 ORDINANCE NO. 30-C IN THE MATTER OF AMENDING WELD COUNTY ORDINANCE NO. 30 REGARDING THE GREELEY-WELD COUNTY AIRPORT AUTHORITY BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 of County Commissioners has the power and authority to enact Ordinances pursuant to Section 3-14 of the Weld County Home Rule Charter, and WHEREAS, Sections 41-3-101, et seq., CRS, otherwise known as the "Colorado Public Airport Authority Act," authorizes the creation of airport authorities, corporate and politic, by cities and counties, and WHEREAS, on July 24, 1978, the Board of County Commissioners enacted Weld County Ordinance No. 30, entitled "In the Matter of Creating the Weld County Municipal Airport Authority." with an effective date of August 1, 1978, and WHEREAS, on May 23, 1983, the Board of County Commissioners enacted Weld County Ordinance No. 30-A, entitled "In the Matter of Changing the Name of the Weld County Municipal Airport Authority to the Greeley-Weld County Airport Authority," with an effective date of June 1, 1983, and WHEREAS, said Airport Authority has continuously operated an airport known as the Greeley-Weld County Airport since August 1, 1978, and WHEREAS, the Board of County Commissioners and the Greeley City Council have determined that it is in the best interests of the citizens of the City of Greeley and the County of Weld. State of Colorado, to amend Weld County Ordinance No. 30 to abolish, terminate, and discharge the current Board of Commissioners of the Airport Authority as appointed by and pursuant to Section 6 of said Ordinance No. 30, and amend said Section 6 of Ordinance No. 30 so as to reform the Board of Commissioners of the Airport Authority and to change the method by which members are appointed to said Board. B 1369 REC 02320448 02/02/93 16:26 $0.00 1/004 ORD #30-C F 0679 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ®/ebso c ea; t.(Tv, RR PuLi- $G RE: ORDINANCE NO. 30-C PAGE 2 NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the County of Weld, State of Colorado, that Weld County Ordinance No. 30, enacted July 24. 1978, effective August 1. 1978, is hereby amended as follows: Section 6. All powers, privileges, and duties vested in or imposed upon said Airport Authority pursuant to the provisions of the Colorado Public Airport Authority Act shall be exercised and performed by and through a Board of Commissioners ("Airport Commissioners") representing the City of Greeley and the County of Weld. Three (3) Airport Commissioners shall be appointed by the City, two (2) to be City Councilpersons, and three (3) Airport Commissioners shall be appointed by the County, two (2) to be County Commissioners. A seventh Airport Commissioner shall be appointed jointly by the City and the County. the initial appointment to be made by a method agreeable to both the City and the County. After the initial appointment, when a vacancy occurs in this position, the Airport Board of Commissioners, no later than one month after notice of the vacancy, shall recommend a candidate for the vacancy to the City Council and the Board of County Commissioners. The City Council and the Board of County Commissioners must act upon the recommendation within one month of receipt and shall appoint the recommended candidate except for good cause. Should the City Council or the Board of County Commissioners reject the candidate recommended, the Airport Board of Commissioners shall recommend another candidate within one month. Vacancies in the other six (6) Commissioner positions shall be filled in the same manner as the original appointments and by the same governmental entity (City or County) which made the original appointment. The term of each City Councilperson and County Commissioner shall be four years, or until such time as he or she is no longer a member of the Greeley City Council or Board of County Commissioners of the County of Weld, whichever is sooner, except that the initial terms of one of the City Councilpersons and one of the County Commissioners shall be two years. The other Airport Commissioners, shall each be appointed for four year terms. A quorum for the Board shall consist of five Airport Commissioners present. The initial term of appointment for the Airport Commissioners who are not City Councilpersons or County Commissioners shall be through December 31, 1994, any language in this ordinance to the contrary, notwithstanding. The non-Councilperson/non-County Commissioners are appointed as follows: County Appointee: C.H. "Bum" Carter 201 First Street P.O. Box 586 Eaton, Colorado 80615 ORD #30-C 8 1369 REC 02320448 02/02/93 16:26 $0.00 2/004 F 0680 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RE: ORDINANCE NO. 30-C PAGE 3 Joint Appointee: Mark Hinze 2721 Buena Vista Drive Greeley, Colorado 80631 City Appointee: Bob Kelly 2435 5th Avenue Greeley, Colorado 80631 BE IT FURTHER ORDAINED by the Board of County Commissioners: A. That the current Board of Commissioners as created by and appointed pursuant to Section 6 of Weld County Ordinance No. 30 is hereby abolished, terminated, and discharged. B. That a certified copy of this Ordinance shall be filed with the Director of the Division of Local Government in the Department of Local Affairs. C. That if any section. subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. D. That this Ordinance No. 30-C shall become effective on February 9, 1993, or the effective date of a City of Greeley Ordinance amending City of Greeley. Colorado, Ordinance 36, 1978, consistent with this Ordinance, whichever is later in time. B 1369 REC 02320448 02/02/93 16:26 $0.00 3/004 F 0681 MARX ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO ORD #30-C RE: ORDINANCE NO. 30-C PAGE 4 The above and foregoing Ordinance No. 30-C was, on motion duly made and seconded, adopted by the following vote on the 1st day of February. A.D., 1993. /1 BOARD OF COUNTY COMMISSIONERS ATTESTiara v / /l' . A/L` . _!/,u _ WEL COUNTY. COLORADO Weld County C1&k to the Board 'e Jf onstance L. Chairman Deputy Clerk"toct7ie Boa W. H. ster, Pro- APPROVED, AS TO;FORA: --C£-47- eorge . Baxt r unty Attorney Da . Hall / _/7j�_. Barbara J. Kilaneye First Reading: January 6, 1993 Published: January 7, 1993 in the Windsor Beacon January 8. 1993 in the Greeley Tribune Second Reading: January 18, 1993 (Revised) Published: January 21, 1993 in the Windsor Beacon Final Reading: February 1. 1993 Published: February 4, 1993 in the Windsor Beacon Effective: February 9, 1993 B 1369 REC 02320448 02/02/93 16:26 $0.00 4/004 F 0682 MARY ANN FEUERSTETN CLERK & RECORDER WELD CO, CO i ORD #30-C ' we by tiorrettporatilterla. wn1Y.sstier aAMn. tmidrs are astray IANd February 4:: appointed midtown a"wvM�y P ,. ORDAINED. the :CI.p/awe IT ORDAINED.by the�CJi-'Bsm`-Carer 201 E11•o1Wr February a. AFFIDAV2T OF PUBLICATION hoard of County Flnte•est P.O.Bs 699, 1993 ._;, comml..Ion«s of the Egan,tzlorsuoeoal6 reaNM•d 'Mi.,-,tr�� STATE OF COLORADO Coloyoo, 9uue Windeer Were:ea as Colorado, thatOrdinance Weld Jdm/yp : Coon txtllnafee 140::MM{Minn,re.27lt.bewm ,4a�jT,yaatugtf. COUNTY OF WELD St4AS111 July.24,-Vista_(Mrs. OMUy. -rM1111MfIrWOL . ttnl.:•Ileo veAs 1. CcipeOo e0831 _W...,.-�. ..:: weeny enrrded I,KEITH HADISEN,of said County of Weld,being duly ton srtrtc sworn,say that I am publisher of otolrwa'::. -:SSoe XNy. 440 tS y,All pewrr:"Avenue. oreaw, WINDSOR BEACON MilitlitItag. Privileges, and duties Cuomo,80931 • °. vested in.or imposed., . „a► +*ATTER::OF upon said Airport BE IT FUN1HHfR:.. a weekly newspaper having a general circulation in said WELD AutMb purser-10 to ORDAINED by ISIS* County and State, published in the town of WINDSOR, tlN DtY ORDINANCE provladtrs of the:of Messy is said County and State; and that the astir, of which THE TO GREE REGARDING Authority Act Airport. Commissioner the annexed is a true copy, has been published in said COUQRtaAIRPORT -same dt shall tie:. court AlapoRT end•nered pehrmted-'•A,not M current boar weekly f0Y1__aucceaaive weeks,that the notice AUR101ary by.ara rough aboard of commtsaanwe aa. was published is the regular and entire issue of every of "DemmMonent,'m■rad number of the paper during the period and time of BE IT BOARD BY (presenAirport bimtreelCty el Want publication, and newspaper proper and not in a THE BOARD OF rapeYMYp are City d Wald Cnumy OrSlIlltr� p . in the ft O. 11 N ,T. Y Drew/and the County No. BO.. Is Mary supplement,and that the first publication of said notice OOMMIONONERb.OF-q%c s.TiVM(11)Mpoa abolished,trwitela eA was in said paper bearing the date of the THE COUNTY OF Oammetloere sirs ea arrestor**. OF.'rpposlmoEy a City .^ tyappa N W city-am.aartlsdmlad 3/ day of .t.n ,A.D., 199L and (tbunoap.rsone and gJe OrAhtanoe altar se the last publicati n bearing tlSe date of the :. N.the arid el'these .(3) Airport mW ale tee aw& etlptp q Conmeaiorer•shell be 1M Mister,M teen: day of AD., 19_ and thew Corp. Government M b, plasi no'toe i to o be be County Department of tea that the said WINDSOR BEACON has been published yteygtp:sMsl.eM'te.Orrmhretatata AIrYa continuously and uninterruptedly for the period of 5 Itha1tM6Ott1le Renee fire consecutive weeks,in said County and State,prior to the the le ertye.ar0 A seventh `hAirport b pia authority P. ;ot:'DaemtasNna enan a C:That*any sa•dat. date of first publication of said notice,and the same is a sistimMtm4 so afros,appointed***by Vie^''Soso ion Pamela"' newspaper within Meaning eaning of an Act to regulate el *sal county, Coy and the Cony.t a`sentences slowed, rprinting of legal notices an advertisements, approved to me* a moth*os Sloes of Sloe eery rce•an r the ell It May 18,1931,and all prior as in force. a . . WHIIIIIM,the'BONda aplomb*ID both Mealy decided• to bit CountyCometeewnere and the Cony.ARO Me-oncoo•ttueenal;here sae ,site..power and WNW appoin•nent when decider Mill not Ole*, s dt!y: to- enact awordy occurs n rte the validity ef tae" LLSHER Ortirhsapenitentea penitent to position.:Mir *Muhl raining... patlNae_ oath i44 of my weld 4loa d al Commissioner hereof. The aeon! of `J Oar* Hume Rule no bar seen one momh County Co ymisel iro Subeen d n/�d,ssworn� to before me this ‘24-4- day . ■tar node of tin:hereby deaerealW if of "- -'^7 19 43•' vacenry,' en.tt vaidd BmaahmelN-M - 1MINMAt,swoons at. rermnmmrea.eanddals�OhdrtanoaancleaMlvrt: �Y1. - -' P-1O1, et sq..' for dm vacancy to the every sedloaaule. t YYJJ�/!! .. ._.Mown as the City Cobee II and Um paragraph.:-:aMNMe, NOTARY PUBLIC -� . .� ')06010 rr�lie�rpoet Board :!of County._,Neue. and -ti y'At',M,aural* P s.The City Mad reties l* Qr�r.�.� tie efeeds .ottairport Cbus0 I.Soya a rot let Sr oce w ahem My commission expires / / .a, /09.7‘.• z18ha,...Totar.and Counw.oa1aM aSa iris Mellon•,eubseeWiel epeiNS, it algae and must r._eta-upon:. the paragraphs,sereearet, sabrearaM - recommendef on within...gr rt at pxMaalYa: one month of receipt aid: be daoiared to ba EREAe.on Juiy'24. shall -appoint . the rawWmUarloriaala Board of recommit**tendld e except for good rent}D Then this Ortlnee•e lad Weld City Coundi No.30-0 atret am ame No.. 30, of. ;M. - eleoaveon Mager of Commissioners�° teft;.or ore . oreeaigl stud tor*'eanmdas recommended.' dale of a Cry of Airport the:-Arlon Board of Ordinance amerdst - �:' wlMd:i am OommesbnM■ men W.Crriey,;Calo j . aMwe -date of August recommend another Ordinance '.30. talk, I,tmp;and - candidate within one consistent,.with Ode ,a month,Vacancies hi the ONnana,wNahavellislir lie , on May23, other six (6) 1•erinana, , board:.of Commrseloner posr1Ane . County Ceetmlesloners wetwlleO in Ilia mime The above or 'salted.was County manner as he onginelt • the Mane of ,(pity.w.Couhq)whi* vats*IS i t: ,/ gamy sae 101,,,/rWW the AD r v 4 jY^ ` *, " "-�' S.„C Affidavit of Publication Y,,• -ter • : r. • . ,lawn ,t. , • .. a'."': ... M Y 'a, STATE OF COLORADO *WWII aMTTOZ OF ' • MRtDD: MtY� l AlOING 1111O11RAfV •COUPON'A11MOIIT 55. Tl�w+t##1I7r 1Y M . •Q GOWN OOMINOIA{OR aF WAD.1TA er County of Weld, Yo aesal of lr Maa.IMiONbdt ado rb+yrlaa edaeolinnehealefiesdryWil ra ewe d Comte Oonanrdaera.last amdela( 1, Lorita Seidler of .dwarrr..d pews pwww+alaaaaP a el woWoldOWW, l+w+rtIaaohrwr,and said County of Weld, being duly sworn, say that I am pis.nlw.ataN+.d+w.ea/.a+wll Waned MSi It:ow WW.MryM Mat.moiracMw.aa,d.r�a1 an advertising dark of p..,aNaMoaaa. dYrd Mily+a�+b.nw.+Ya'I,, d11N"11ldM"� r "� THEOREELEYEDAILY TRIBUNE, and .wr"+a." rhMIt .d*S THEGREELEYREPUBLICANItYN'A+ /addaaLIVoan...N. TnNlM�ed that the same Is a daily newspaper of general Now epWanly MU Allied'MikaNW dlhwtaldMlnd.Iw.ta,a1wMab4/M circulation and printed and published in the City of eold t: tkis se Mrr ts.tra aa1 ` Greeley, in said county and state; that the notice or Owed sdel"„a,NlledNWnr�,1. Weft time IMI advertisement,of which the annexed is a true copy,has apd*'+y'd11.0w leeeVa r'd eeeede'lewoodw^II"w'' beenpublished in said daily newspaper for consecutive Wood if led wsetW Age,XI to *0 r WIrda�- 'wed le WOW*d add Orden Na 1/end aaidFISeel (days) (JI0f0{Ot); that the notice was published in the ���ydblrrr tio.30 wale Rooda M1W tlw!Mennea .a al CanwwnrdMNl t regular and entire issue of every number of said Nbd• urMstlbMiM lrmrnyyMir/b MY MtTOsu MIPair lira lticeu caw newspaper during the period and time of publication of dTWI{awdpr..p/ boe wtwt ,, eort said notice, and in the newspaper proper and not in a -ars No,10,waned au.*171.elletle0Wpoett¶0.rlwr supplement thereof; that the first `4 r atakr�e�w MsIawrMaaww arr ipo PP publication of said ' .r WWW si' +aleweede.dleCoNeWe notice was contained in the issue of said newspaper 1tehasw"aw�rna.rw�rn tiwa Ya..c ,« .a�1ra. bearing date '~d fanw+Oamn.dw+dl� b war County olen&Thn.("4 AA1Ir, a,"°'�w.�ir.,..drr Twenty-second ta.AMM OyOeeop a wsweee Ab dMMYlpaaMa/1Yb91MM.,,..., A Sole O ...Ll,nJ*S boenonr evra Olt day of January AD, 19_3 aaasith witati d ti'ear" "n . '�war+aY'~M and the last publication thereof; in the issue of said IMMOe tlran+q,Mr1.MYYMaMd + +a..w,/wuw rMpoWen,1.Awn Oweddesomdrw ee,ser1na,awM+a drarod waawadaMnwrwa are newspaper bearing date the iiwetS. da 1~„+N MIMM ---- YIw Ty/enty..SPCOnfI Mla hetesse to �a�'^ reserY ga�aldyl�Yta pdaaaaYWoses aMtrw li r nprrl.ardltll+..na+ada4 MMlaar day of .7anuary A.D. 19iL drewwrroww.arrr.,l a nrwv • los .rc11 aonwrdoele ((lrhaa+.�w�.aa WNW that said The Greeley Daily Tribune and The Greeley weMw rat .ar aalabbaa. WSRepublican, has been published continuously and �Aatwnd aay�,OyOri/Yaan end OaewMOaaMdAYr waawhwaalldd.rnnaarara da0.dw uninterruptedly during the period of at least six aatt.aiM WOW* M se to at d months next prior to the first issue thereof contained Owarmiimenatia tryst iw�,rww e. deoANSar 1. said notice or advertisement above referred to;that said laar+.nnAwwaNb7Sladd+reeedlo be newspaper has been admitted to the United States yy1=nometr va+lisnowa+awieurtrrrw'w"ha■"wt mails as second-class matter under the provisions of the Owendoet ~� o y++r Act of March 3, 1879, or any amendments thereof; and oreasarrTr 'mice "~ate r,rarrw win* that said newspaper is a daily newspaper duly qualWed for publishing legal notices and advertisements within ewor°ve,ra°.e,pYl the meaning of the laws of the State of Colorado. �yrrNra+ac; rrit.ww.�e.l p+ January 22, 1993 aisa Total Charge: $138.00 bas �'^aw twatacwa7a,.iad+>•. ..,�wi.++ w arww�ra+Y.a/r rr / ,adr.aba+a.ra.,dd __ ` a:7a..wwYra dwaaa.wenewi.aaatl. - . . "..tar.d.ra�irndta.ler.nw..:rw.lar.aard:.. . ... Adv Using Clerk �..=Maw 11a Yray/wawa habaeaadMabM .�,r���rtyanr�r naYt tta�1ya1�ss::" Subscribed and sworn to before me this r altlw.a.ar�llYMMt7 QMIaIAMaYaha' M♦ralUNYararmaa6wa..Mw NS 22nd day of January A.D. 1993 . � h *.. My mmision expires 7-28-96 Notary Public 'osss.dali N eileedet etiedlet1�tal�rdleaneo 1 the :tSIAIS IStaalle1: OtearmalesNei M ;the l. .,JS' SINS MS t "•:' 'Odlhaq or 'o�ebune)lyenr61t PMM'1flats'MM142 Which members an ooestyostsrilMe-M--tee appAimtb*14 Board rrea{..1leda6160ec...Plashed:February 4, NOW,TNEREI.RE"BE -CatmyAp Can ... , IT ORDAINED, by the C.H.9wr Oartw 201,--Etseemi:.Febrile/9., Arr7LAVIT OF PUBLICATION Board of County First.Film*PA.Boa Mt ISO -- Commissioners or this Soon.Colorooeobib . STATE OF COLORADO County of weld,Blasi of Pubuebld 'M--4WD Colorado. that Web JrntAppcMW ss:: Windsor leases 0•.. County Ordnance No-'-Met tlsue,EMI-See*',949FNe T.SIINIOnf , COUNTY OF WELD ba.*6Infd•,tiy 24,-;vista Drive, eireMay,.1Mrtfili'Nfa - . 1076,eiMatr.Aug"t.:Calaado 6:631 �U tem istrrebylmena.a I,KEITH'JANSEN,of said County of Weld,being duly astoesea . -OMAmmin er - • sworn,say that I am publisher of sot sew.• 240 Mir. Boats*t All Powers,`Avenue, Greeley. WINDSOR BEACON , s privileges, and duties,Cow,*steal: rested in or Impose ..: . SO MATTER OF upon said Airport BE IT PUA79lfl a weekly newspaper having a general circulation in said WELD Aunorly pursuant to Pm ORDAINED by the MN- County and State. published in the town of WINDSOR. ORDINANCE provisions• of the or Deasy in said County and State; and that the notice of which TS •11E ELEARDIND Colors*Public It beort Commissioners the annexed is a true copy, hen been published in said (AIRPORT"lords*Antenoteed . COUNTY AIRPORr:wrrdeadaMpetbfmsd:-A TItYMaaneldlawd weekly for A' _ C5SVO weeks, that the notice AUfslORRT tyro-through a Bowe:ol. Commissioners es was published in the regular and entire issue of every of W CommissionersW3 mealpwwtd by M number of the paper during the period and time of RE IT ORDAINED OF (WWI COVItins he ally Wee Co THE BOARD OF r.p.antlnp the Csy b Weld cdunypr*matfw. publication, and in the newspaper proper and not in a C o.:.u. N T v ores*ens the County No. 3w Is Mresb.. supplement,and that the first publication of said notice Ds cwnm UONERB OF Thee(MAIDS abolished.Nornt to**. was in said paper bearing the date of the TNf COUNTY OF Commissioners shah mttr be-s ddfed.. .- A LO. STATE 'OF aepo#-1 W Maw Woo-, ,, ppl,01**2 (2) to be Cty B.The/soNINtle yet f day of � . A.D., 19`-' and t„ouhalipers0n.. and firmdln Onoselid Ile the last publicati n bearing t a date of the tlm Baud at 'throe (3) Airport teed Milt Ole DYeYref 1 � -' si,sor Commissioners shM be the OlNdon M Lash- i menS espflasd yy 6m:any. 0ovsmmeat -.Y M day of A.D., 29_ and 6geaafd b hro (t) to be County Deperrmertr ei Lswl that the aid WINDSOR BEACON has been published CanmtsdatwL Beet continuously and unint.n,sptedly for the period of S OffY9e►:N mist*Oh_A seventh Airport consecutive weeks,in said County and State,prior to the *a ',art e$w of;OMtaleilerW oho be• 0,That If any seslsn.. date of tint publication of said notice,and the same is a Aemllat,- t•aisles appotmeb'krtW byte talhseeusn..panNM.: newspaper within the meaning of an Act to regulate e ladSIMSe Ceefigr,,ob and Pr County,tit.110171"0.. . 17 dr printing of legal notices. an advertisements, approved �iMs�t p a s u•a 1M° May 18 1931,and all prior r as in fora. tM*11raMhOA m err rey raea11'tire: milpUS,0.Board of agreed*to tem M ay.decided to N- . Count' n Cemmleefon. and 6r Comp,Afar M unaon titutlonal, eueb Fee the-:power and lfW:appointment.vMn'.'decision'shall not Meer au6PMby It *not a nowayeraum in it the validity::al"`tr ordMrtew:puruunrto paltioa. Altar-Airport's remainIng ewritr►' LISHER SSW 4440 M Wald Bain of.OomnYrdawe. .hereof. The Beer*"al OJOS Neste Ruler no lawmen one moat county Commie *. Saba -1 d sworn to W before me this �"°� day Mrlr dine notice of the here by d s... try t of 9 c,' 1 19 9.3 •' vesmoy.-, anal rmuM have etrff11lM lee: MillinEAS.Ssesa.4t- recommend a cmwiaar.cadhanoesnele db'aa 4401. et set'.; CRS.•tor the vacancy to the evert season,- ,I1t./ AA-0, . s6Nrtlfa mown aims City Council and the paragraph, le-tiles,:.. NOTARY PUBLIC' - atlelf lel6 Ales Airport Board of County clause and pertme c Af- is concede Come edurrn.The City tlteeof heytatIaof Ilse tie..ens at airport neunel,fl it e abed of:cwt Barmy Meer mete My commission expires 9rati .2., /99(0 .11linill .srpomis.aM County.Coed+ beefs.sections,subsseeelte,; .. :lehho,: Wattle and muse-.oat upon Me ,paragraphs, eadlMeM, •eadflaene :..Meommss*llonwittn aims Phrasing*: one moor ono U -d.olarod le r al•m . . • BREAB,on any 24, shah appoint the mroMWtitesrarmselid. ., Board lot raeeaseadM.errdldete . except tar good cause.-,O.That this Orterlferre ltd weld' i`1 s,City Council No:3040 chap„No,.„No,. 30, or the let ef.Cop ty efleori.On .It mew of Commissioners Mkt Ms"1006,.or me It - Orea6ngpmteldC0W* aafNdtte mcommrut d. debt of a Cl"*1 t Airport the'Airport, Board,01 O dv,em,arm*. •° w• esh;, an Commissioners shall gat,4rwNy.,Col • . i.eNrbre dam*August recommend another Ordinance 96, MTV` ,.:1.1076:and :.candidate within:.one consistent:;..wIta *is q month.Wanotes Mlle"OMlnence,wmlchirleleJ I 'RAls,on May 23. other six (6) later In*rose the Board of Commissioner positions '• ' CountyCommission.n shell belled in me en The inc..ant: Steeled Wet County ma if the .QrpOlant.. . Weld County ANpon The term of sleet city; Authority,' with .a !� +prrNl , ire .ses a dat•:ef JvN L'doll ears,or 'Boad' t9p;and ehNi b.lour year,or. • until such time es he or BY: -' WHEREAS,Said Airport she le no'itongera;DeputC'Ierltot ,Bawd Authority has member of-Ma Gruel cornMuously orated an City Coundt::or&can of APPROVED AB TO airport known as toe`County"Commissioners.ot:•FOMk Greeley-Weld County the County of Weld;..ComtAberney Airport since August 1,'whichever Is sooner," 197a.and ':except that the initial BOAR!,OF.COUNTY terms of one of the City COMM IB,NIONISAN. WHEREAS,Inc Board of Counofpamons had one WELD COUNTY. County Commissioners of, the : County COLORADO and.tee.Wesley.Cry'_Commissioners shall be - Council newt datermkrsd two year,..The:other Contend*'L. HeeMrt. that it Is In the beet';Mrport Commissioners, CMeman Wesel'of the citizens of shall tech be;sppointed WJI,Webster.P, Ylaa 'tth City of Greeley and'lor.fouryear.terms.A GeorgeEasie t eieCourNW Weld,atab quorum for.the.Board ,Oren X.Hail of Colt redo,to amend shall consist(of five`BarberaJ.XhUiige Wein County Ordinance Airport:CommissloMr No. 30 to abolish. present . - Felt fldflQ Joe*, terminate,and diactwge -1903 the current Board of The initial term of Published:Jane'!"7. Commissioner of the appointment for Ins 1993 In the Whirr Airport Authority .as Airport Commissioners test JerIAINy NOS apPsinl.d' by and who are not City rMlY.egyTrNIPia pursuant to action 6 oh,Ownosperaa Count said Ordinance No,30, Commissioners*ha be Second R sdric Jew, and amend NM Sector through December 3f, 16,1993(RriasA Sol Ordnance No.30 so 1994..any language.In.Published:Janami nt, ` 'A.1.•,' s Z` %.1...T. ' .., . ,.. Affidavit of Publication DY STATE OF COLORADO lif"1114 cir MAWCON� � 56. OP% _ County of Weld, wiped~ v rity� h bawl et OWe/Ouertelmel 1RttYeY_ra!rt ) 1,- Lorita Seidler rre+Ortnrta.tMFrter.l.rpn.stlr _of la,ssak as silo{OtN yells IOn,aS said County of Weld, being duty sworn, say that I am n►k�nnie"weM,M�.e - an advertising clerk of aa.rraeodtta lam mg d . . m %tttrl. eeWrowM 4wreMwel le ew.- rre " ,.w.lqur,e.1. Mrrrt e. THE GREELEY DAILY TRIBUNE, and mampoo per4 "44 `14"^0"a~�'�'M� t' THE GREELEY REPUBLICAN swoon, awdony ..Mute oteeetwe.. rmmMlnMteerr that the same is a daily newspaper of general nom ors* OnM'ap rinet isatm ' ttw�MA4%e��dMAq:�eMt ...wiser O ; circulation and printed and published in the City of ewMa..rM.lselOeeeY !prams; lout Greeley, in said county and state: that the notice or Owen" '� „diwil 'FywbellM MSS O� ,.�� advertisement,of which the annexed is a true copy,has CMs lout.eOmsly1w44IMMO rr.er,r"OrmeYiiei•�+ been published in said daily newspaper for consecutive d6M�w Na30 r 804410444414.....:5=1,12.-� :OanmremwreomportrdhwM.ohone-p (days) b*V4i4C); that the notice was published in the Salon a 4 mid.OnimmePM te,odlout a ys ee„w.amrarawwawdt:ar�wteedlrMptt regular and entire issue of every number of said .M r ohm..the weird by nenewaan rve4Ndr are •-- newspaper during the period and time of publication of 4.4 .4 aa.nar.�e ww pe said notice, and in the newspaper proper and not in a .r�ee,� supplement thereof: that the first publication of said e' "�M r'r"4•04 44 Mr notice was contained in the issue of said newspaper ^ �M ieww.wlp.naM+etiinamakt, bearing of ne.OONN date .w r» di Mi w.� .� ma Twenty-second wwa its rut Aee.rhowtoenwss erohra.Wrre yMgAD,rw day of January A , 1993 trm'nut im4 ataw°4r.+r°'m siebys .w+.v.wrtath woatanderow..n,utwtdttO oo.emwaawma.w w and the last er.r publication thereof; in the issue of said rtwowta themom awra-wwer...etw.wrwnwrwe news g dttr.elsedt, tide eca etdr.waer dint paper bearing date the 'M�d eeer4 Ty(Pn?'y-SPCOlIff twrwr MOM rtr M ri+tta . w !.lek ark 444 day of January A.D. 1993: OW �w 40,4 lot Omil•Mmt �ttte Nlr that said The Greeley Daily Tribune and The Greeley ono oromili ,, a- lot Republican, has been published continuously and t�f pa alOwwoetrreaJ�tSy lout :it' Kohl a 1te.Mnnobrosaewterreilir►, uninterruptedly during the period of at least sir. �.pMerw4iwererOrete.en..rer months next ars s yrd � prior to the first issue thereof contained _ ar ywtz ` said notice or advertisement above referred to;that said alwrewaa rtw dew. newspaper has been admitted to the United States minitrarr ermermrr__ .nane+dtrann rot mails as second-class matter under the provisions of the i ��Mw�wrOar� ' +eungi .ra IONS edt uwa.r .wtre.r arm Act of March 3, 1879, or any amendments thereof;and that said newspaper is a daily newspaper duly qualified wdsox7wrc.n~ for publishing legal notices and advertisements within Salo fthtwO,t,,,e,.eal•, .— - the meaning of the laws of the State of Colorado. January 22, 1993 ,ort Total Charge: $138.00 44, no 40 ern her OellinN NU. Its t a , wrrtew r w t slam J ,C.drt��� ,. e.a'�.o,�'tor ..aeee'e�wmt4w.tMw eSdT be1�e�rtee �et� Adv isi Clerk �',MeeerrweenMa� ►1O4MP 141.* titti ,‘ a„erwrr►+wttl'+4" lode!,,.;; Subscribed and sworn to before me this „`rearresdreettelielleLflill y1"e"iiwt "r' 22nd day of January A.D. 1993 .,,.u..____ _. My mmission expires_ 7-28-96 %, Notary Public .. y r 4' y a,nrew rei r n - Myiiiwr +lw �i.r...w+r�+r� it i.r �Mv�, 11WO a&.*b IS Bead 1 .:rrikniwA+R OICOI*tad*lw ,W.KWMr,h.Tin, l MTDR�IMt Ca.irAri l '�`. �yy ti REGULAR OPERATION (112) RECLAMATION PERMIT • APPLICATION FORM CHECK ONE: New Application (Rule 2) X Amendment Application .Buie 1 .8) Conversion Application (Rule 1.10) CLE.'J The. application for a Regular Operation Reclamation Permit contains three major parts: (1 ) the application form; (2) Exhibits A-S: and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A—S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1 . Applicant/operator name: Weld County, Colorado 1 . 1 Type of organization (corporation, partnership, etc.): government 2. Operation name (pit, mine or site name): Rokestra—West 2. 1 I.R.S. Tax ID No. or Social Security No.: 84-6000 813 3. Permitted Acres: 170 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3.1 Application fee (see Section 14): $1550.00 Application fee 4. Substance(s) to be mined (e.g., gravel/gold/borrow): gravel " 5. Name of owner of surface of affected land: • Weld County 6. Name of owner of subsurface rights of affected land: Weld County If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: Surface r Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: WELD PRINCIPAL MERIDIAN (check one): X 6th (Colorado) _ 10th (New Mexico) Ute TOWNSHIP (write number and check direction): T 2 & 3 X North South RANGE (write number and check direction); R 68 _ East X West SECTION (write number): $ 2 & 35 QUARTER SECTION (check one): NE X NW SE SW QUARTER/QUARTER SECTION (check one): _ NE ,� NW _ SE x SW GENERAL DESCRIPTION: (miles and direction seven miles east of Longmont, Colorado from nearest town and approximate elevation) 4830 930116 -2— . : 31 9. Correspondence Information: APPLICANT/OPERATOR (name, address. and phone of name to be ua&o4 permit) .1 Individual 's Name: Kenneth cchraeder Company Name: Weld County, Colorado Street: 915 10th Street City: Greeley State: Colorado Zip Code: 80631 Area Code: 303 Telephone: 356-4000 PERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Donald Carr i1 Company Name: Weld County, Colorado Street: 915 10th Street City: Greeley State: Colorado Zip Code: 80631 Area Code: 303 Telephone: 356-4000 INSPECTION CONTACT Individual 's Name: Company Name: same as applicant/operator Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: n/a Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: n/a Street: City: State: Zip Code: Area Code: Telephone: S40146 -3- - .. . ' 10. Primary. future _ Cropland(CR) Pastureland(PL) General Agriculture(GA) (Post—mining) Rangeland(RL) r Forestry(FR) S.'4t1"i'd11fe Habitat(WL) land use ^ Residentfal(RS) X Recreatton(RC) -' ?3ndustnial/Commercial (IC) (check one) : - Developed Water Resources(WR) Soiid Waste Disposai(4D) 11 . Primary present _ Cropland(CR) X Pastureland(PL) General Agriculture(GA) land use _ Rangeland(RL) Forestry(FR) _— wildlife' Habitat(WL) (check one): Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) Developed Water Resources(WR) 12. Method of Mining: _ Quarry (QR) Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel). truck/shovel Gravel pit (wet) 13. On Site Processinq:n/a Solution (SO) Chemical (CH) __ Thermai (TH) _ Heap Leach (HL) — Vat Leach (VL) 14. Application Fee: The application fee for Quarry mining is $2.325. The application fee for Solution mining or any Chemical or Thermal Processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. The application fee for conversion to a 112 permit is $1 ,500. 112 Amendment application fee is $1 ,550. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT:IS ISSUED (Rule 7.2(2)). It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed to your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. - 93011€ ••w -4— Notice Requirements • Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation. you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within Z00 feet of the boundary of the affected land. Notice requirements are specified in Rule Z.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date., which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It Is likely there will be additions, changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division Is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division's review and decision or hearing process, you should contact the Division at <303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: I . This mining operation will not adversely affect the stability of any significant. valuable and permanent man—made structure<s) located within two hundred <200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)<d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)); 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. rd " 20tR 1 -5- 4. I .understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as• a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. Signed and dated this day of '4^ . . !Q! x . • Applicant/Operator IfCor_ ration t e < e 1 By: Constance L. Harbert By Title: Commissioner Coordinator rporate Secretary or Equivalent Town/City/County Clerk State of Colorado ) SS. County of Weld ) The foregoing instrument was acknowledged before me this 26 day'of January . 1993 by Connie L. Harbert as Commissioner Coordinator Of: Weld County $t Notiry Public - My Commission Expires: 2/9/94 (04/92) 2823E • 930116 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street. Greeley. Colorado. Phone 356-4000. Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: . Township: _North. Range: _ West Zoning District: Recording Pee: Permit Fee: _ Recording Fee Receipt 0: Receipt Number: _ Application Reviewed By: To be completed by APPLICANT is accordance with procedural guide Requirements: 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed - gravel _ (gravel, coal, borrowpit. etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See Exhibit "A", Plan Sheet No. 1 TOTAL ACREAGE: 169.96 2. Surface owner(s) of area of land described Name: Weld County, CO Address: 915 10th Street Phone: (3O3)356-4000 Name: Address: Greeley, CO 80631 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Weld County, CO Address: 915 10th Street Phone: (303) 356-4000 -Name: Address: Greeley, CO 80631 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: see Exhibit "0" (Attached certified copy of any document noted to the back of this form) S. Address of applicant and general office 80631 Applicants address: 915 10th Street, Greeley, CO Phone: (303) 356-4000 General Office address: 915 10th Street, Greeley, Phone: (303) 356-4000 CU 80631 6. Identify any prior permits for mining held by applicant or affiliated person: waived by applicant 4 ; QUA 1 930116 7. Description of Operation a. Types and number of operating an processing equipment to be employed: crushing and screening with asphalt processing facility, including scales, dozers, scrapers, loaders, trucks and miscel- laneous equipment. See Exhibit "D" and proposed extraction stan- dards. go noise report is provided as the operation will not create anymore noise than adjacent gravel operations and is not near any developm• b. Maximum number of employees: 10 -, and number of shifts: 1 areas. c. Number of stages to be worked: 4 , and periods of time each is to be worked: Phase I, 1998 - 2002; Phase II, 2003 - 2007; Phase III 2007 - 2011; Phase IV; 2011 — 2021 d. Thickness of mineral deposit: 13 feet, and thickness of the overburden: 2.51 e. This will be a vet/dry pit operation. Dry f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : see plans for ingress/egress roads traveled; 24-1/2, Frontage Road. 24 and 9-3/4. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : see Sheet 3 of 3, Exhibits "2" and b. Source of technical advice for reclamation: Department of Wildlife and U.S. Soil Conservation Service c. Explanation of Reclamation Process: see Sheet 3 and Exhibit "E" of attachments. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO / ' ir Signature: Owner Aut. ized Agent Subscribed and sworn to before me this 46 day of 4/4"(, 1993 SEAL irryyZCL N ARY PUBLIC My Commission expires c:l q'-/ 9 920' I6 STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources • �., 1313 Sherman St.,Room 215 Denver.CO 80203 303 856.3567 /476 FAX: 303 632.8106 Roy Romer, Govemy Fred R.Kama. °version Ove-,pr PERFORMANCE WARRANTY Operator: Weld County Road and Bridge, Mining 'Division Operation: — Hokestr& West Permit No: M-80-144 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, 34-32-101 et seq. (the "Act"), as amended, provides that no permit may be issued under "FE Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, WeJd County (the "Operator"), has applied for a permit to conduct a mining operation known as Hokestra — West (the "Operation") on certain lands in Weld County, Cotoraeo. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Weld County which are now or may become subject to the permit are those amounts ror the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. 930115 r r 7. Description of Operation a. Types and number of operating an processing equipment to be employed: crushing and screening with asphalt processing facility, including scales, dozers, scrapers. loaders, trucks and miscel— laneous equipment. gee Exhibit "D" and proposed extraction stan— dards. No noise report is provided as the operation will not create anymore noise than adjacent gravel operations and is not near any developm• b. Maximum number of employees: 10 , and number of shifts: 1 areas. c. Number of stages to be worked: 4 , and periods of time each is to be worked: Phase I, 1998 - 2002; Phase II, 2003 — 2007; Phase III 2007'- 2011; Phase IV, 2011 - 2021 d. Thickness of mineral deposit: 13 feet, and thickness of the overburden: 2.51 e. This will be a wet/dry pit operation. Dry f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : see plans for ingress/egress roads traveled; 24-1/2, Frontage Road, 24 and 9-3/4, 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : see Sheet 3 of 3, Exhibits "E" and b. Source of technical advice for reclamation: Deyartment of Wildlife and U.S. Soil Conservation Service c. Explanation of Reclamation Process: see Sheet 3 and Exhibit "E" of attachments. I hereby depose and state under the penalties.of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO Signature: Owner Aut ized Agent Subscribed and sworn to before me this p( �Q t day of a ��gg �ppiW {�, 1993 SEAL rnzC. i1U/� �C-S U JJ !L N� PUBLIC My Commission expires a g( �T 930^7-16 �•J4 -2- NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. Further, the Operator promises the Board, pursuant to 34-32-112(1 )(d) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. • In further satisfaction of the requirements of the Act, the Operator has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit_ If the Board determines that the Operator is in default under this performance warranty and has failed to Care such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty may be executed in rtultiple copies , each of which shall be treated as an original , but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. 920116 -3- The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED, this , day of - «9 L adyt Weld County Board of croi tnisgio,,er4 SEAL) `f ��;y�t�� r Operator :4 . -•'..'....11 I C T H E uDr.:.0 by: l ' yil.T2.f/L-Z "re J �G; ;,. Th ( 2 0.2 Title: Chairman ✓;:':'T; ;:�_i'� To'iC THE 30.420 0.2/01/Q3 NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me.this 26th day of January , 1993 . by Constance L. Harbert as Chairman of Veld County Boar d /�o of Commissioners - NglARY PUBLIC • My Commission expires: • 2/9/94 APPROVED: STATE OF COLORADO MINED LAND RECLAMATION DIVISION MINED LAND RECLAMATION BOARD By: Date Director 6427F (01/91 ) • - - <os" i:• 930116 PAGE 1 WELD COUNTY, COLORADO PAYROLL FUND CLAIMS V.O. ,!ARRANT NO. P.O. NO. VENDOR AMOUNT 016739 BANK ONES GREEBEY _ 2,800.64 016740 BANK ONE GREELEY 456,018.62 016741 COLORADO DEPARTMENT OF REVENUE 378.71 ' TOTAL 459,197.97 STATE OF COLORADO ) :OUNTY OF WELD ) ss 7hiis is tS ctify that all account,~_ and budgetin :peer.cedures have �_e completed tne above listed claims as shown on Pagesi through 1 and dated FEBRUARY 1 19 93 and that payments should be made to the respective vendors in the amounts set opposite :hetir names with the total amount S 459,197.97 . DATED THIS 1st DAY Dr FEBRUARY , le 93 r ______ WELD C �N1 , PI�4,NC: FrI, it, CER SUBSCRIBED AND SWORN TO BEFORE ME THIS 1st DAY OF FEBRUARY 19 c. MY COMMISSION EXPIRES: MyCommdssicnExpirsJanuary10,1995 N g Y U STATE OF COLORADO ) COUNTY OF WELD ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) : saoDrove) the claims as set forth above; and warrants in payment therefore are hereby Drdered drawn upon the PAYROLL ND totaling S 459,197,97 • Chair Arson ;,LLD CFNTY CLERK "'0 3OMO Mom by: %4,-.d ,_ �J'!-9�, ..la / Deputy -----------.S" Member , / p�� 1152-92-018 Member • • • • • • • • • • • • • • • • • • • • • t: -Th. C 0 1 b - 3 N 0 a o n 9 1 1 c D S D a I -C C O I a 3 a 0 O m r m < v z m .+1 r 0 1 3 1 In 1 rtS2 m 3 m n N A m c m - x 1 1 �a I m A - 0 n ml o z a r -.aO3 A -t m N O 1 n1 r C 1 3 1-. r N 0 r1 Ox m S w Ia O x m -• I 1 C1I+ 1 - m N m A .. 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XI rilkt?\‘'. l5N A tJ .9 P D� ; n 1 I� N N G O CO w m d 1 mco .::.:4. 7 III I y+��•� ^ z o 1 r w + \ ml AlD .� 1„hj a m V m1 i a m 60 \ A A Z 1 2 O z P ,0 1 • • nI u u • • • • • • 0 • 0 9 • • 0 • • • • 0 9 • • • oa /01 / 93 /1/117,04 l en) ! 25 t;3 PO. gox7I7•Gay, COQ CLERK X6Y3 914154X. 3/159-2 v TO Y,,•, v.v January 20, 1993 Board of County Commissioners County of Weld P. O. Box 758 Greeley, CO 80632 Gentlemen: Enclosed is a copy of the Greeley-Weld County Airport Authority's approved 1993 Budget for your files. Sincerely, Kevin S. Bunnell Airport Manager P)61O1 V" ` ' v XYUN/COM/ZZd//CXY/CS NO5/CXCO4t 11/GCC GCR'!!26'/Ai#9S l3J/T C*1�g3 GREELEY-WELD COUNTY AIRPORT AUTHORITY Airport Fund Budget Budget Year Ending December 31 , 1993 Actual Prior Estimated Proposed Year Budget Current Year Budget 1991 1992 1992 1993 WORKING CAPITAL Beginning of Year 68 , 128 99 ,427 129,547 214 ,309 REVENUES Airport Leases & Rentals Land Rents 55 ,634 60 ,000 56,500 57 ,000 T-Hangar Rents 150 .435 148 .000 160,000 150,000 Other Airport Oper . Rev . Fuel Flow Fees 14 ,613 6 .000 2 .500 1 .000 Operators Licenses 4 ,006 4 ,500 2,900 2,900 Colo . Excise Tax Distr . 17 ,148 18,000 14 ,000 14,000 Jet Fuel Sales Tax Rev . 2 ,855 0 6,000 6,000 Finance Charges 244 500 275 300 Miscellaneous Revenue 160 300 600 250 Airshow Revenue 0 0 7,000 10,000 Total Airport Oper . Revenue 245 ,095 237,300 249,775 241 .450 Terminal Sales Aviation Gas 235 ,666 242 ,000 228,350 230.000 Jet Fuel 368 ,442 370 ,000 357,230 360 ,000 Auto Gas 11 ,806 10 ,000 14 ,520 14,000 Dii 1 ,749 2 ,200 1 ,775 1 ,800 Vending/Catering 389 400 100 0 Pilot Supplies 12 ,847 14 .000 14,530 14.000 Volume Discounts ( 82 ,638 ) ( 90 ,000 ) ( 82,480 ) ( 82.500 ) Total Net Sales 548 ,261 548 ,600 534 ,025 537 .300 Cost of Sales Aviation Gas 153 ,853 155 ,400 148,915 150,000 Jet Fuel 199 ,280 195,200 174 ,590 175,000 Auto Gas 8,927 6 ,250 10,000 10.000 Oil 1 ,462 1 ,800 1 ,330 1 ,350 Vending/Catering 401 350 85 0 Pilot Supplies 9 ,283 11 ,200 11 ,825 11 .500 Total Cost of Sales 373.206 370 .200 346,745 347,850 Gross Margin 175 ,055 178 ,400 187 ,280 189,450 Actual Prior Estimated Proposed Year Budget Current Year Budget Airport Fund , Cont 'd 1991 1992 1992 1993 Other Terminal Oper . Rev . Tie Down 2, 121 4 ,000 1 ,500 1 ,500 Overnight Hangar 931 1 ,000 1 ,300 1 ,000 Building 2 ,953 4 ,000 5.500 6,700 Oxygen 349 500 750 750 Finance Charges 298 500 275 300 Miscellaneous 678 1 ,500 1 .600 1 ,500 Total Terminal Oper . Rev. 182 ,385 189,900 198 ,205 201 .200 Farm Revenue Crops 454 0 620 0 Government Payments 0 0 0 0 Land Rental 10,280 10.280 10.280 12,280 Total Farm Revenue 10,734 10,290 10,900 12,280 Non-Operating Revenue Grants from F .A .A . 36 ,324 63 ,000 0 63,000 Local Government Approp. 26 ,360 7.000 0 7,000 Colorado ( CAB ) Grants 0 0 0 56,307 Earnings on Investments 4 ,870 5 ,000 3,300 2,000 Oil & Gas Lease Revenue 4 ,368 4 ,700 3 ,150 3.000 Private Contributions 1 .956 0 4 ,027 O Proceeds-Sale of Equip. 0 0 0 0 Principal on Note Rec . 10 ,683 11 ,885 1I ,885 11 ,409 Loan Proceeds-L .T . Debt 0 0 71 ,000 22,000 Total Non-Operating Rev. 84 ,561 91 ,585 93 ,362 164 ,716 TOTAL RESOURCES AVAILABLE 590 .903 628,492 681 ,789 833,955 EXPENDITURES Airport Personnel Services Salaries & Wages 69,859 96,900 79 ,100 96 ,900 FICA 5 .256 7 ,400 6,050 7 ,400 Health & Life Insurance 8 .509 9 ,600 8,945 9,200 Workmen 's Compensation 1 ,048 2 ,000 1 ,400 1 ,500 Unemploymnt Compensation 0 0 0 0 Retirement 0 6 ,400 0 7,500 Airport Contract Services Auditing 2 .450 2 ,500 2,500 2,500 Security 376 350 350 375 Legal 939 3,000 3,000 3,000 Engineering 0 1 ,000 0 1 ,000 Other Professional Work 0 1 .000 3,000 5 .000 Actual Prior Estimated Proposed Year Budget Current Year Budget Airport Fund , Cont 'd 1991 1992 1992 1993 Airport Supplies Office Supplies 1 ,268 1 .200 S00 1 ,000 Consumable Supplies 2 .765 3 ,200 3,500 3,500 Consumable Tools 154 750 210 500 Uniforms & Clothing 301 400 240 400 Airport Repairs & Maint . Buildings 1 ,107 3 ,000 500 2,500 Equipment 10 , 146 15 ,000 13,400 22 .000 Grounds 15 ,135 19 .000 4 ,600 21 ,900 Airport Utilities Telephone 5 ,304 4 ,500 4,500 4,800 Electric 5.904 6,200 6,200 6,500 Water 939 900 850 900 Gas 4 ,603 6 ,000 4 ,650 6,000 Other Airport Expenses Insurance 12 ,414 12,000 12.200 13,000 Airshow 2,044 1 ,500 650 500 Equipment Rent 3,852 3,700 3,000 3,500 Dues 518 1 ,500 850 1 ,500 Subscriptions 48 240 100 240 Miscellaneous 820 1 ,500 600 1 ,500 Bad Debts 351 1 ,000 0 1 ,000 Postage 765 1 ,200 1 , 100 1 ,200 Promotion & Advertising 1 .515 2 ,500 1 ,700 2,500 Fuel for Equipment 3 ,447 4 ,200 5,180 5,200 Meetings 899 1 ,500 750 1 ,500 Local Travel 293 400 200 250 Non-Local Travel 1 .635 2 ,000 1 .200 2.000 EPA Stormwater Assessmnt 0 1 ,481 1 ,480 150 Airshow Expense 0 0 5,300 10,000 Total Airport Operating Exp 164 ,664 225 ,021 177,805 248,415 Terminal Personnel Services Salaries & Wages 63 ,329 67,050 60,000 60,000 FICA , 4 .785 5, 130 4 .590 4 ,590 Health & Life insurance 3 .756 3 ,800 3,525 3,800 Work Comp ./Unemploy Ins . 1 ,048 2 ,000 1 ,400 1 ,500 Terminal Contract Services Auditing 2 ,450 2 ,500 2,500 2.500 Security 376 350 350 375 Legal 217 1 ,000 0 1 .000 Tank Testing 997 3 ,500 3,430 5 ,400 Actual Prior Estimated Proposed Year Budget Current Year Budget Airport Fund , Cont 'd 1991 1992 1992 1993 Terminal Supplies Office Supplies 1 .719 1 ,600 1 ,100 1 ,400 Consumable Supplies 3,364 2 ,700 2,920 3 ,100 Consumable Tools 10 100 20 100 Uniforms & Clothing 934 1 ,200 900 1 ,200 Terminal Repairs & Maint . Buildings 1 ,832 2 .000 1 .400 2.000 Equipment 1 ,391 2 ,000 3,200 4 ,000 Grounds 0 0 0 0 Terminal Utilities Telephone 5.024 4 ,500 3,800 4 ,000 Electric 4 ,741 4 ,200 5.230 5 ,400 'water 330 600 300 400 Gas 994 1 ,200 1 .100 1 ,500 Other Terminal Expenses Insurance 6 .944 8 ,000 6.425 7,000 Equipment Rent 17 .271 19 ,600 8,300 1 .000 Dues 425 450 430 500 Subscriptions 55 150 100 150 Miscellaneous 472 1 .500 600 1 ,000 Bad Debts 654 1 ,000 0 1 ,000 Postage 849 1 .200 1 , 160 1 ,250 Promotion & Advertising 1 ,497 2,500 1 ,500 2,500 Fuel for Equipment 551 1 ,000 600 1 .000 meetings & Travel 776 300 0 300 Credit Card Process Chrg 2,724 3 .200 2 ,500 3,000 Total Terminal Cper . Exp. 129,515 144 ,330 117,380 120,965 Farm Expenditures Misc. Farm Expenses 2 ,423 0 0 0 Actual Prior Estimated Proposed Year Budget Current Year Budget Airport Fund , Cont 'd 1991 1992 1992 1993 Capital Outlay Airport Property & Equip 23,525 38,700 0 88,000 Terminal Prop . & Equip. 9 .350 1 ,200 71 ,848 15 ,000 Master Plan update 0 10,000 0 10 ,000 Rehab . Apron & Taxiway 40 ,360 0 0 31 ,307 Land Purch .-Airp . Expan. 0 0 0 0 Environ . Impact Study 0 60 ,000 0 60 ,000 Private Contributions 1 ,956 0 4 ,027 0 Total Capital Outlay 75 , 191 109 ,900 75 ,875 204 ,307 Debt Service - Airport Interest Expense 35 ,454 32 ,350 30,275 25,511 Principal 46 ,387 50,100 52. 112 55 ,206 Debt Service - Terminal Interest Expense 1 , 145 1 ,350 2 ,318 5 ,152 Principal 6,577 6 ,370 11 .715 23,518 Total Debt Service 89 ,563 90 , 170 96,420 109,387 TOTAL EXPENDITURES 461 ,356 569 ,421 467 ,480 683,074 WORKING CAPITAL End of Year 129 ,547 59.071 214 ,309 150.881 4 GREELEY-WELD COUNTY AIRPORT AUTHORITY I Combined Budoet Summary All Funds Budget Year Ending December 31 . 1993 Actual Prior Estimated Proposed I Year Budget Current Year Budget 1991 1992 1992 1993 AIRPORT FUND Resources Work Capital-Beg . of Yr . 68, 128 99 ,427 129 .547 214 .309 Airport Operating Rev. 245.095 237,300 249,775 241 ,450 Terminal Operating Rev . 182 .385 189 ,900 198.205 201 ,200 Farm Revenue 10 .734 10 .280 10 .900 12 ,280 Non-Operating Revenue 84 .561 91 ,585 93 .362 164 .716 Total Resources Available 590 ,903 628 ,492 681 ,789 833,955 Expenditures Airport Operating Exp . 164 .664 225 ,021 177 ,805 248,415 Terminal Operating Exp . 129,515 144 ,330 117 .380 120,965 Farm Expenses 2 .423 0 0 0 Capital Outlay 75 . 191 109 ,900 75 ,875 204 ,307 Debt Service 89 .563 90 ,170 96,420 109,387 Total Expenditures 461 .356 569,421 467.480 683,074 Working Capital-End of Year 129 ,547 59 ,071 214 ,309 150.881 GREELEY-WELD COUNTY AIRPORT AUTHORITY Capital Needs Forecast All Funds Budget Year Ending December 31 , 1993 Actual Prior Estimated Proposed Year Budget Current Year Budget 1991 1992 1992 1993 AIRPORT FUNDED Airport Property & Equip . Tractor/Mower/Blower 0 0 0 32,500 Wind Indicator 0 0 0 0 Plow/Truck 0 0 0 0 Overlay Entrance Roads 21 ,377 7 ,500 0 7,500 Update Office Equip . 0 0 0 6,000 Establish Fuel Farm 0 30 ,000 0 30 .000 Seal Runway 09/27 0 0 0 0 Sprinkler System 2, 148 600 0 0 Entrance Road Lights 0 600 0 0 Highway Building 0 0 0 12 ,000 Total Airport Prop . & Equip 23 ,525 38 ,700 0 88,000 Terminal Prop . & Equipment Unicom Console Box 0 0 0 0 Furnace/Air Conditioner 3 ,511 0 0 0 Carpet 3,490 0 0 0 Telephone System 2 ,349 0 0 0 Hand Held Unicorn Radios 0 1 .200 848 0 Fuel Trucks 0 0 44 ,000 0 Restaurant Expansion 0 0 27.000 0 Flight line Equip Storage 0 0 0 15.000 Total Terminal Prop . & Eq. 9 ,350 1 .200 71 ,848 15,000 TOTAL AIRPORT FUNDED 32 .875 39 ,900 71 ,848 103,000 FAA/CAB/CITY-COUNTY FUNDED Rehab . Apron & Taxiways 40 ,360 0 0 31 .307 Land Purch .-Airp . Expansion 0 0 0 0 Update Master Plan 0 10,000 0 10,000 Environmental Impact Study 0 60 ,000 0 60,000 TOTAL FAA/CITY-CNTY FUNDED 40,360 70 ,000 0 101 ,307 PRIVATELY FUNDED Pavilion 1 ,956 0 4 .027 0 TOTAL CAPITAL OUTLAY 75 , 191 109,900 75.875 204,307 BOARD OF ASSESSMENT APPEALS STATE OF COLORADO DOCKET NUMBER(s) 19655 WELD CGS`:i Y COUNTY SCHEDULE NO. R0024988 NOTICE OF HEARING ,nm;a p 1',"; LS n.': 9: G7 s? Benny Chavez, CLERK TO Yl �il :Jv'-,-J Petitioner(s) , vs. Weld County Board of Equalization, Respondent_ TO THE ABOVE-NAMED PARTIES, INTERESTED PERSONS, AND THEIR ATTORNEYS: Benny Chavez Box 165 Dacona, CO 80514 PLEASE TAKE NOTICE: That the Board of Assessment Appeals will hear the appeal(s) of the above-named Petitioner(s) : Benny Chavez concerning: Valuation for taxyear 1992 (time) at: 4:00 pm (date) on: March 22, 1993 (location) : HEARING ROOM B, 3rd floor 1313 Sherman St. Pm 315 Denver, Colorado 80203 That the time reserved for Petitioner(s) in this hearing is 30 mi,ns, and the time reserved for the Respondent(s) is also 30 Mins. It is the intent to adhere to the time allocation. If further information is needed or there is a date conflict, please contact the Board immediately at (303) 866-5880. YOUR RULE 11 DOCUMENTATION IS DUE March 12. 1991. If this date falls on a weekend or state holiday, your deadline is the next working day. BOARD OF ASSESSMENT APPEALS • Date: JAnuary 24. 1993 11111 -' I l l /DiVitie./0 Diane M. DeVries Administrator for the Board _ m c lch cc 4 , ,D5 BOARD OF ASSESSMENT APPEALS STATE OF COLORADO DOCKET NUMBER(8) 19776 COUNTY SCHEDULE NO. 09590131-804-0 NOTICE OF HEARING Storage Equity Concepts Management 15, L. P. , Petitioner(s) , vs. Weld County Board of Equalization, Respondent. TO THE ABOVE-NAMED PARTIES, INTERESTED PERSONS, AND THEIR ATTORNEYS: Mark G. Grueskin, Esq. Isaacson Rosenbaum Woods & Levy 633-17th Street, Suite 2200 Denver, CO 80202 PLEASE TAKE NOTICE: That the Board of Assessment Appeals will hear the appeal(s) of the above-named Petitioner(s) : Storage Equity Concepts Management 15, L. P. concerning: Valuation for taxyear 1992 (time) at: 8:30 am (date) on: March 23, 1993 (location) : HEARING ROOM B, 3rd floor 1313 Sherman St. Rm 315 Denver, Colorado 80203 That the time reserved for Petitioner(s) in this hearing is 1-1/2 hr, and the time reserved for the Respondent(s) is also 1-1/2 hr. It is the intent to adhere to the time allocation. If further information is needed or there is a date conflict, please contact the Board immediately at (303) 866-5880. YOUR RULE 11 DOCUMENTATION IS DUE March 13. 3.993. If this date falls on a weekend or State holiday, your deadline is the next working day. BOARD OF ASSESSMENT APPEALS Date: ,7anuary 20. 199$ Diane M. DeVries L� Administrator for the Board BOARD OF ASSESSMENT APPEALS STATE OF COLORADO DOCKET NUMBER(S) 19535 COUNTY SCHEDULE NO. 095912101043 NOTICE OF HEARING Everitt Ent. , Inc. et al, Petitioner(s) , vs. Weld County Board of Equalization, Respondent. " TO THE ABOVE-NAMED PARTIES, INTERESTED PERSONS, AND THEIR ATTORNEYS: Mark G. Grueskin, Esq. Isaacson Rosenbaum Woods & Levy 633 17th St. , #2200 Denver, CO 80202 PLEASE TAKE NOTICE: That the Board of Assessment Appeals will hear the appeal(s) of the above-named Petitioner(s) : Everitt Ent. , Inc. et al concerning: Valuation for taxyear 1992 (time) at: 1:00 pm (date) on: March 23, 1993 (location) : HEARING ROOM 0, 3rd floor 1313 Sherman St. Rm 315 Denver, Colorado 80203 That the time reserved for Petitioner(s) in this hearing is 30 mins, and the time reserved for the Respondents) is also 30 mins. It is the intent to adhere to the time allocation. If further information is needed or there is a date conflict, please contact the Board immediately at (303) 866-5880. YOUR RULE 11 DOCUMENTATION IS DUE March 13, 1993. If this date falls on a weekend or State holiday, your deadline is the next working day. BOARD OF ASSESSMENT APPEALS Date: January 20 1993 \11),o•, - Ph , WAAL"Diane M. Devries Administrator for the Board BOARD OP ASSESSMENT APPEALS STATE OF COLORADO DOCKET NUMBERS) 19538 COUNTY SCHEDULE NO. 095912101046 NOTICE OP HEARING Everitt Enterprises, Petitioner(s) , vs. weld County Board of Equalization, Respondent. TO THE ABOVE-NAMED PARTIES, INTERESTED PERSONS, AND THEIR ATTORNEYS: Mark G. Grueskin, Esq. Isaacson Rosenbaum Woods & Levy 633 17th St. , #2200 Denver, CO 80202 PLEASE TAKE NOTICE: That the Board of Assessment Appeals will hear the appeal(s) of the above-named Petitioner(s) : Everitt Enterprises concerning: Valuation for taxyear 1992 (time) at: 2:00 pm (date) on: March 23, 1993 (location) : HEARING ROOM B, 3rd floor 1313 Sherman St. Rm 315 Denver, Colorado 80203 That the time reserved for Petitioner(s) in this hearing is 3Q mins, and the time reserved for the Respondent(s) is also 30 mins. It is the intent to adhere to the time allocation. • If further information is needed or there is a date conflict, please contact the Board immediately at (303) 866-5880. YOUR RULE 11 DOCUMENTATION IS DUE )(arch 13. 1993. If this date falls on a weekend or State holiday, your deadline is the next working day. BOARD OF ASSESSMENT APPEALS Date: January 20. 1993 Diane M. p t�rie� s " 40 Administrator for the Board BOARD OF ASSESSMENT APPEALS STATE OP COLORADO DOCKET NUMBER(S) 19795 COUNTY SCHEDULE NO. 096523000002 NOTICE OF BEARING National Hog Farms, Inc. , Petitioner(s) , vs. Weld County Board of Equalization, Respondent. - TO THE ABOVE-NAMED PARTIES, INTERESTED PERSONS, AND THEIR ATTORNEYS: National Hog Farms, Inc. Two West 39th Street, #202 Kansas City, MO 64111 PLEASE TAKE NOTICE: That the Board of Assessment Appeals will hear the appeal(s) of the above-named Petitioner(s) : National Hog Farms, Inc. concerning: Valuation for taxyear 1992 (time) at: 3:00 pm (date) on: March 23, 1993 (location) : HEARING ROOM 8, 3rd floor 1313 Sherman St. Rm 315 • Denver, Colorado 80203 That the time reserved for Petitioner(s) in this hearing is 1 hour, and the time reserved for the Respondent(s) is also 1 hour. It is the intent to adhere to the time allocation. If further information is needed or there is a date conflict, please contact the Board immediately at (303) 866-5880. YOUR RULE 11 DOCUMENTATION IS DUE Narch 13. 1993. If this date falls on a weekend or State holiday, your deadline is the next working day. Mlcu..t.) BOARD OF ASSESSMENT APPEALS Date: January 2Q. 1993 Ilya WI. 4111) Diane M. Devries Administrator for the Board BOARD OF ASSESSMENT APPEALS STATE OF COLORADO DOCKET NUMBER(S) 23599 COUNTY SCHEDULE NO. 146731000028 NOTICE OP HEARING Estate of Thomas Lee Pierce, Petitioner(s) , vs. Weld County Board of Equalization, Respondent. TO THE ABOVE-NAMED PARTIES, INTERESTED PERSONS, AND THEIR ATTORNEYS: James T. Hazelwood Agent for Petitioner PO Box 2173 Boulder, CO 80306 PLEASE TAKE NOTICE: That the Board of Assessment Appeals will hear the appeal(s) of the above-named Petitioner(s) : Estate of Thomas Lee Pierce concerning: Valuation for taxyear 1992 (time) at: 8:30 am (date) on: March 24, 1993 (location) : HEARING ROOM B, 3rd floor 1313 Sherman St. Rm 315 Denver, Colorado 80203 That the time reserved for Petitioner(s) in this hearing is 1 hour, and the time reserved for the Respondent(s) is also 1 hour. It is the intent to adhere to the time allocation. If further information is needed or there is a date conflict, please contact the Board immediately at (303) 866-5880. YOUR RULE 11 DOCUMENTATION IS DUE Witch 14. 1993. If this date falls on a weekend or State holiday, your deadline is the next working day. BOARD OF ASSESSMENT APPEALS Date: January 20. 1993 1/4\0 uc . 6'In,w w Diane M. DeVries UIUCIJ Administrator for the Board BOARD OF ASSESSMENT APPEALS STATE OF COLORADO DOCKET NUMBERS) 19654 COUNTY SCHEDULE NO. R6189886 NOTICE OF HEARING Eleanor A. Tedford et al. , Petitioner(s) , vs. Weld County Board of Equalization, Respondent. TO THE ABOVE-NAMED PARTIES, INTERESTED PERSONS, AND THEIR ATTORNEYS: Eleanor A. Tedford et al. 325 Stanford Brush, CO 80723 PLEASE TAKE NOTICE: That the Board of Assessment Appeals will hear the appeals) of the above-named Petitioner(s) : Eleanor A. Tedford et al. concerning: Valuation for taxyear 1992 (time) at: 10:30 am (date) on: March 24, 1993 (location) : HEARING ROOM B, 3rd floor 1313 Sherman St. Rm 315 Denver, Colorado 80203 That the time reserved for Petitioner(s) in this hearing is 3O mins, and the time reserved for the Respondent(s) is also 30 mins. It is the intent to adhere to the time allocation. If further information is needed or there is a date conflict, please contact the Board immediately at (303) 866-5880. YOUR RULE 11 DOCUMENTATION IS DUE March 14. 1993. If this date falls on a weekend or State holiday, your deadline is the next working day. BOARD OF ASSESSMENT `APPEALS Date: January 20, 1993 \elakb it� • (iJ 1. igitiO Diane M. Devriesfff w.�f� Administrator for the Board BOARD OP ASSESSMENT APPEALS STATE OF COLORADO DOCKET NUMBER(S) 23899 COUNTY SCHEDULE NO. 20726 NOTICE OF HEARING Middlefield Investors Warren Dill, Petitioner(s) , vs. Weld County Board of Commissioners, Respondent. TO THE ABOVE-NAMED PARTIES, INTERESTED PERSONS, AND THEIR ATTORNEYS: Middlefield Investors Warren Dill PO Box 689 Littleton, CO 80160 PLEASE TARE NOTICE: That the Board of Assessment Appeals will hear the appeal(s) of the above-named Petitioner(s) : Middlefield Investors Warren Dill concerning: Abatement (time) at: 1:00 pm (date) on: March 24, 1993 (location) : HEARING ROOM If, 3rd floor 1313 Sherman St. Rm 315 Denver, Colorado 80203 That the time reserved for Petitioner(s) in this hearing is 30 mins, and the time reserved for the Respondent(s) is also 30 _Mins. It is the intent to adhere to the time allocation. If further information is needed or there is a date conflict, please contact the Board immediately at (303) 866-5880. YOUR RULE 11 DOCUMENTATION IS DUE March 14. 1993, If this date falls on a weekend or State holiday, your deadline is the next working day. BOARD OF ASSESSMENT APPEALS Date: January 20. ]993Va.C111.9\, _ ' ,� _ Diane M. DeVries 1W61) Administrator for the Board BOARD OF ASSESSMENT APPEALS Wa_0 c01: Y STATE OF COLORADO Docket Number 18873 N' +, 28 l:i 9: 37 ORDER 70 TEE 130.:', D JAMES E. WINTER/WINTER ENTERPRISES Petitioner, vs. WELD COUNTY BOARD OF COMMISSIONERS, Respondent. THIS MATTER was heard by the Board of Assessment Appeals on December 18, 1992, Ramon G. Le Duke and Kenneth Bennett presiding. Petitioner was represented by Mark G. Grueskin, Esq. Respondent was represented by Cyndy Giauque, Esq. FINDINGS QF FACE 1. Subject properties are described as follows: Sched e Number 1426586: WIN WMB2-1 LOT 1 BLK 2 WINDSOR MANOR BUSINESS PARK (Parcel Number 0807-17-3-02-001) Schedule Numbej 1426686; WIN WMB2-2 LOT 2 BLK 2 WINDSOR MANOR BUSINESS PARK (Parcel Number 0807-17-3-02-002) Schedule Nkober 1.426786: WIN WMB2-3 LOT 3 BLK 2 WINDSOR MANOR BUSINESS PARK (Parcel Number 0807-17-3-02-003) 2. Petitioner is requesting an abatement/refund of taxes in the following amounts for tax year 1989: $chedu1e Number Iteauested amount_ + interest 1426586 $ 706.79 + 1426786 $ 556.17 + 1426686 $ 552.24 + 7 `Rt) 1 • 0 ‘ • �.O91O\,G� cG, c4, 3. Petitioner contends that the only issues in this hearing that the Board needs to address are: (1) timely filing of the three petitions with Respondent; and (2) whether the 1989 actual values should be the same as the 1990 actual values of the subject properties. 4. As to the issue of timely filing, Petitioner presented a "Receipt for Certified Mail" with a U.S. Postal Service date stamp of December 31, 1991. Petitioner contends that this mailing constitutes timely filing under CRS 39-1-120 (1) , (2) and (3) . 5. As to the question of the 1989 and 1990 actual values being the same, Petitioner contends that Colorado statutes and appraisal guidelines published by the Division of Property Taxation require that tax years 1989 and 1990 values be the same, unless the property changes physically or the 1990 intervening year shows a 10% or more increase or decrease in the market. The county does not show any change on these points. 6. Petitioner contends that the 1989 actual value of the subject properties should be the same as the 1990 stipulated values agreed upon by Respondent and Petitioner, and approved by this Board. 7 . Counsel for Respondent submitted a "Motion to Dismiss For Failure to Timely File Abatement Petition," and Counsel for Petitioner submitted a "Response to Motion to Dismiss for Failure to Timely File Abatement Petition." Both attorneys argued their motions adequately. 8. Respondent did not address the same actual value issue for tax years 1989 and 1990. CONCLUSIONS: 1. The Board determined that Petitioner presented sufficient probative evidence and testimony to prove that the subject three petitions were timely filed with Respondent, based on CRS 39-1-120. 2. Petitioner also presented sufficient evidence and testimony to prove that the 1989 actual values of the subject properties should be the same as 1990 stipulated actual values. The Board based this determination on CRS 39-1-104 (10.2) . 3. The Board concluded that Petitioner is entitled to the following abatement/refund amounts on the subject properties for tax year 1989: IES73.gra 2 Schedule Number Regueste0 amount + interest 1426586 $ 706.79 + 1426786 $ 556.17 + 1426686 $ 552.24 + ORDER; Respondent is ordered to cause an abatement/refund to Petitioner on all three properties in the following amounts: Schedule Number Requested amount + interest 1426586 $ 706.79 + 1426786 $ 556.17 + 1426686 $ 552.24 + The Weld County Assessor is directed to change his records accordingly. APPEAL, Petitioner may petition the Court of Appeals for judicial review within 45 days from the date of this decision. Also, if Respondent alleges procedural errors or errors of law by this Board, Respondent may petition the Court of Appeals for judicial review within 30 days from the date of this decision. DATED this 04S 0451thL day of January, 1993. This decision was put on the record BO OF ESS AP JAM 2 11993 anion G. L Duke I hereby certify that this is a true and correct copy of the decision of the Board f Assessment Appeals. Q ' ( aSwornKenneth Bennett `-C.alga IAN t1k - ,/ASi9A Eileen M. Kile a4t , cot 18873.gra O m 4 A 4% :t* �41SESSIAO 3 • AGENDA WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 2, 1993 12:00 noon - Weld County Planning Commission Luncheon - Pepe O'Tooles - 2726 W. 11th Street Road, Greeley, Colorado. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1:30 p.m. - Public Meeting of the Weld County Planning Commission, County Commissioners' First Floor Hearing Room (#101) , Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. ROLL CALL Judy Yamaguchi - Chairperson Bud Clemons Don Feldhaus - Vice-Chairman Jean Hoffman Juliette Kroekel Richard Kimmel Shirley Camenisch Bill O'Hare Tom Rulon 1. CASE NUMBER: 2-476 (Continued from January 19, 1993 regular meeting.) APPLICANT: Weld County Board of County Commissioners Gary L. and Tina J. Bogott REQUEST: A Change of Zone from R-1 (Low Density Residential) to A (Agricultural) . LEGAL DESCRIPTION: Part of the NW4 of Section 31, T3N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 1, approximately 1 mile south of Highway 66. 2. CASE NUMBER: USR-996 (Continued from January 19, 1993 regular meeting.) APPLICANT: Conquest Oil Company REQUEST: A Site Specific Development Plan and a Special Review permit for an Oil and Gas Support Facility (Brinewater Disposal) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 8, T4N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: On the north side of Weld County Road 46, approximately 450 feet west of Weld County Road 53, 3. CASE NUMBER: USR-997 APPLICANT: Gretchen Staub REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (horse training and boarding facility) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 17, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 80, approximately .5 miles west of Weld County Road 41. 4. Consider endorsement of the Town of Windsor's Comprehensive Plan. Q(1) ` \ 96 pal o\\q3 MINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING January 14, 1993 A regular meeting of the Weld County Board of Adjustment was held on Thursday, January 14, 1993, in the Commissioners Hearing Room, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Vice-Chairman, Anne White. Tape 70 Roll Call: Ann White - Vice Chairman Present Lyman Bacon Absent Ray Mora Present Scott Kinnison Absent Donald Mason Absent Sidney Walker Present Barry Sullivan Present Michael Thomas Present John Windsor Present Associate Members Sylvia McWilliams Present Also present: Chuck Cunliffe, Director: Nancy Kirkley, Current Planner, Department of Planning Services; Ed Stoner, Lead Combination Inspection, Building Inspection; Lee Morrison, Assistant County Attorney; Carol Harding, Secretary. The minutes of the last regular meeting of the Weld County Board of Adjustment held on December 10, 1992, were approved as distributed. ELECTION OF OFFICERS: Sidney Walker was nominated as Chairman. Term of office will run to December 31, 1993. The Vice-Chairman asked for a verbal vote. Motion carried unanimously. j Sylvia McWilliams was nominated as Vice-Chairman. Term of office will run to December 31, 1993. The Vice-Chairman asked for a verbal vote. Motion carried unanimously. CASE NUMBER: BOA-967 APPLICANT: Tom and Ginger Kaldenbach REQUEST: Appeal of an administrative decision. LEGAL DESCRIPTION: Part of the NE4 of Section 16, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3/8 miles west of .the intersection of Weld County Road's 10 and 7 on the south side of Weld County Road 10. In loAa WELD COUNTY BOARD OF ADJUSTMENT MEETING, BOA-967 Tom and Ginger Kaldenbach Page 2 Tom and Ginger Kaldenbach, applicants, gave an overview of the appeal. Tom Kaldenbach explained that Martin Exploration of Boulder installed a large natural gas compressor near their home. The compressor was installed in November and the Department of Planning Services approved a building permit after the installation. This appeal was filed 30 days after Planning approved the permit for the compressor. This is a large compressor and the way it is used at this location is not compatible in three ways (noise, visual impact, and safety) with surrounding residential uses. Tom Kaldenbach said a representative from Martin Exploration gave the Kaldenbach's papers earlier that showed a proposal to enclose the compressor. Tom Kaldenbach stated the enclosure, as proposed, won't make any difference. Kaldenbachs believe a Special Review permit setting specific standards be required. Anne White asked when the compressor was installed. Tom Kaldenbach said the compressor was installed November 13, 1992, and sound measurements they have conducted are available upon request. Tom Kaldenbach showed a video of the compressor during operation. Sylvia McWilliams asked if the Kaldenbachs had any statements or petitions from neighbors and why they were not included in paperwork as presented. Tom Kaldenbach said he did not want to try to represent anyone else. Lyman Bacon asked if there was any residential zoning in the area. Tom Kaldenbach said no, the zoning is strictly agricultural. Nancy Kirkley read the Planning Department's recommendation into the record. Chuck Cunliffe introduced the representatives from the Weld County Building Inspection Department and Health Department if the Board members had any further questions. Discussion followed. Chuck Cunliffe explained the issuance of the building permit is not determined by what surrounds it, noise it creates, or visual impact. When building permits are issued the Building Inspection Department relies on the Planning Department assuring the use complies with the Weld County Zoning Ordinance. Jeff Stoll explained the accepted noise levels in a residential zone but explained to the Board members this is an agricultural zone. There is no specific zone described in the statute that pertains to noise levels in agricultural or rural areas. The Chairman asked if there was anyone in the audience who wished to speak for or against the application. No one wished to speak. Barry Sullivan moved to support the appeal in Case Number BOA-967, for Tom and Ginger Kaldenbach. Ray Mora seconded the motion. ii t I h. WELD COUNTY BOARD OF ADJUSTMENT MEETING, BOA-967 Tom and Ginger Kaldenbach Page 3 • The Chairman asked the secretary to poll the members of the Board of Adjustment for their decision. Anne White - no; Ray Mora - yes; Sidney Walker - yes; Barry Sullivan - yes; Michael Thomas - no; Sylvia McWilliams - yes; John Windsor - yes. The vote was five to two in favor, appeal failed. The concurring vote of six (6) members of the Board of Adjustment is necessary in order to decide in favor of the Appellant on any appeal. Consider meeting schedule for November and December, 1993. The regularly scheduled meetings in November and December, 1993, will be changed to the first and third Thursdays of both months, due to the holiday schedule for 1993. The Chairman asked for a verbal vote. Motion carried unanimously. Meeting adjourned at 5:45 p.m, Respectfully submitted, \\40 Sharyn Ruff Secretary BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT MOTION TO GRANT OR DENY APPEAL Case No. BOA-967 APPEAL OF Tom and Ginger Kaldenbach Moved by Barry Sullivan that the following resolution be introduced for passage, by the Weld County Board of Adjustment: Be it resolved by the Weld County Board of Adjustment that the appeal of Tom and Ginger Kaldenbach for an appeal of an administrative decision on property described as part of the NE4 of Section 16. TIN. R68W of the 6th P.M. , Weld County, Colorado. be granted for the following reasons: Section 61 of the Weld County Zoning Ordinance covering the powers and duties of the Board of Adjustment read: The powers of the Board of Adjustment shall be exercised in harmony with the intent of the Weld County Comprehensive Plan, the intent of the Weld County Zoning Ordinance, and the public interest. The public interest is not being served here. Motion seconded by Ray Mora. Vote: For Granting of Appeal For Denial of Appeal Ray Mora Anne White Sidney Walker Michael Thomas Barry Sullivan Sylvia McWilliams John Windsor Appeal denied. The concurring vote of six (6) members of the Board of Adjustment is necessary in order to decide in favor of the Appellant on any appeal brought pursuant to Sections 61 and 62 of the Weld County Zoning Ordinance. D o 4 i A Or,:TruSilli\r" \sw.eih.ab.o.,...- Town of Mead d P.O. Box o 8 Mead. Colorado 80542 (303) 535-4477 rry / TOT rD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that Msad Venjuras has submitted a conceptual plan and final Plat application for amaior land use change to the Town of Mead, Weld County, Colorado. Copies of the application are available to the public for review at the Mead Town Hall during regular business hours. This application will be considered by the Planning Commission following a Public Hearing at a Planning Commission Meeting to be held at the Mead Town-Hall. 441 3rd Street. pleads Colorado, 3 February. 1993. at 7 p.m.. The public is invited to comment on the application during the Public Hearing or register any objection at any time prior to the said and scheduled P blic Hearing. DATED: 19 January, 1993 a, ' i BERTINA B. WILLDEN, CMC TOWN CLERK-TREASURER oakI/p /c.c.. Pi.. --Cr-, c.ft • Mead Land Use Code Published 07/1/86 ���. � �� TOWN OF MEAD s um ft a LAND USE CODE t IEI V f Dit A �s� Form D-2 r CONCEPTUAL PLAN APPLICATION AND DECISION RECORD rt_ aa FOR A MAJOR LAND USE CHANGE Applicable Section(s): Copies Required: A. Conceptual Plan Submission Requirements. 1. Applicaapt's name, address and telephone number: Alrt/,QF5 % -75e /d,i tt. rS 49S'2 R. /7i-.. fan J a.UG[.EwOo4 Ga w.v/I 2. Legal description of the property proposed for the land use change: S. Logi eir A ,17591,RFn • 3. Proposed land use change located in Mead Performance District No: 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. ,,ff itast1GuLrviiRA. £JS,E of Jill n/Vett hAsIn . tmr-.vfinl. USE DJPci r. Y Aloaru . AGR 14Lt_ vAtAa JJSF' AJ?.tx'Fitr e..4/_ FA<c WEsr w CAW'" Snow oilvir 5. Give a brief nonlegal description of the proposed land use change including the number of living units, type of home occup?ation proposed, the placement of a mobile home, etc. ` Tir PPzzomrPn ch,Avvelr JS Pa Jew nedtC.p/J <tiG, F Mitt V 1a174 °Ai /z r y .4'?rS_ 6 TD7)94,- DF .,Z.? l„r< "zee. /R0Pe.V-7 > . _tenvater "j /y1 c,gFS RS .478/46 OPEN If the proposed land use change involves the annexation of land, the applicant must submit a petition and supporting documents in the form prescribed by C.R.S. 31-12-101, et. seq. 1 - • Mead Land Use Code Published 07/1/86 l_ 6. Provide a sketch plan of the proposed lend use change, including a site analysis consisting of a map, plot plan or • diagram showing the total acreage, abutting landowners and land uses, streets, highways, utilities that will service the proposed development; and major physical features, including drainage and the location of natural hazards. [attach maps and sketches as necessary] 7. A master development plan, if the land use change is proposed to be constructed in stages requiring separate reviews and approvals. 8. Provide an elevation drawing of the proposed structure(s) showing height and describing the exterior materials. (attach • drawings as necessary] 9. The fiscal impact analysis, Form D-4. 10. Provide other information that the applicant believes will N. assist the Planning Commission and the Board of Trustees in making a fair decision. (attach additional sheets as necessary] • 11. Si e AdP /-/W-523. 2/44wE 144/Td E5• Data *****************APPLICANT NOT TO WRITE BELOW THIS LINE*****#************ B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: 2 _ Mead Land Use Code Published 07/1/86 4. Mead Fire Protection District: 5. Other Referrals: C. Further information requested. if any: D. Action by the Planning Commission: \.\ 1. The application is complete. Yes [ ] No ( 3 �. 2. The application is for a major land use change. Yes [ 3 No 3. The requirements of the Mead Land Use Code have been satisfied (see • attached Form D-5). Yes ( ] No [ 4. The application is: [ ]' approved [ ] disapproved conditions: [ ] approved with the following a) b) c) d) (attach additional conditions as necessary) day DONE by the Mead Planning Commission of Mead. Colorado. this of , 19___. ATTEST: Secretary to the Commission Chairman - 3 - Mead Land Use Code Published 07/1/86 E. Action by the Board of Trustees. 1. The application is complete. Yes ( ) No ( ) 2. The application is for a,minor land use Change. Yes [ ] No [ ] 3. The requirements of the Mead Land Use Code have been satisfied (see attached 'Form D-5). Yes [ ] No ( ) A. The application is: [ ) approved ( ) disapproved [ ] approved with the following conditions: a) N. b) c) d) • (attach additional conditions as necessary) DONE by the Mead Board of Trustees of Mead, Colorado, this day of , 19 . ATTEST: Town Clerk Mayor • - 4 - %. 4.40171879 Mead Land Use Code Published 07/1/86 5� 3� TOWN OF MEAD ill ' E!Vff LAND USE CODE tAV C �� • Form D-3 ��' FINAL PLAN APPLICATION AND DECISION RECORD FOR A MAJOR LAND USE CHANGE Applicable Section(s): Copies Required: A. Final Plan Submission Requirements. 1. Applicant's name, address and telephone number: 146,ema UZNnli41 S • 69,570 F. ! LtrviEw X3O/ £v&LPulnnia ,t0, St9//i 2. Legal description of the property proposed for the land use change: c Fr. ,cyrnei r A .gfYlbr D 3. Proposed land use change located in Mead Performance District No. 4. All materials required by the Board of Trustees to satisfy conditions of approval, if any, of the conceptual plan. • 5. Detailed plans and specifications showing all proposed streets, and public utility installations, with written approval of the Building Official and Town Engineer. Plans and specifications shall be in conformance with the "Technical Filing Requirements" contained in Chapter 4 of the Mead Land Use Code. 6. Give the legal description of all public rights-of-way, streets, park sites, school sites and all other public dedications to be made in connection with the development, and a description of the - 1 - Mead Land Use Code Published 07/1/86 l- plan for maintaining such dedications. These dedications shall be shown on the "Final Plat". Give a written description of any "payments in lieu of dedications" that are proposed. [attach maps and other documents as necessary] 7. Provide professionally prepared reports and maps describing the topography and vegetation of the proposed development site, with contour lines at two foot intervals. (attach maps and other documents as necessary] 8. Provide professionally prepared reports and maps describing the drainage, erosion control, revegetation, landscaping and �. bufferyards of the proposed development site, with contour lines at two foot intervals. [attach maps and other documents as necessary] 9. Provide professionally prepared reports and maps giving proof of the suitability of the types of soil present on the development site for the proposed land use change. (attach maps end other documents as necessary] 9. A recordable "Final Plat" and other documentation showing the layout or plan of development, number and location of all dwelling units and structures, public land dedications, net density per acre and projected population. The "Final Plat" must comply with the "Technical Filing Requirements" contained in Chapter 4 of the Mead Land Use Code and must be approved by the Town Engineer and Town Attorney. [attach maps and other documents as necessary] 10. The maximum number of vehicles that can reasonable be expected to be parked in the area at any one time because of the activity in, or, or related to the proposed land use change, together with the total number of proposed off-street parking spaces, - 2 Mead Land Use Code Published 07/1/86 excluding parking spaces associated with single-family residential lots. [attach maps and other documents as necessary] 11. The estimated traffic flow or increase in present flow on connecting and access roads from or related to the proposed land use change. (attach maps and other documents as necessary] Se,E TP.Ase /-17,-r ST//.4V 12. The internal traffic and circulation systems, off-street parking area. service area, loading areas and major points of access to public rights-of-way. (attach maps and other documents as necessary] n• 13. The estimated water requirements of the development upon completion, expressed in average and peak gallons per hour, per day, and per year. [attach other documents as necessary] 14. The estimated sewage and other waste products to be produced by the development upon completion, expressed in average and peak ' gallons per hour, per day, and per year (or in Tons per hour, per day and per year if appropriate). [attach other documents as necessary] • 16. To the degree that the development will rely upon the Town for water and/or sewer service,, a statement from the Town Engineer that the Town's system of water and/or sewer utilities is capable of handling the increased demand from the proposed development, and that the proposed offset measures will adequately compensate the Town for the capital investment committed to the proposed development. [attach other documents as necessary] - 3 - Mead Land Use Code Published 07/1/86 4s„ 17. Provide an elevation drawing of the proposed structure(s) showing height and describing the exterior materials. (attach drawings as necessary] 18. Security arrangements,' including performance bonds, protective covenants, annexation agreements, development agreements and methods chosen for assuring the longterm maintenance of dedicated lands, open spaces and public facilities as required by the Land Use Code. (Attach other documents as necessary) 19. The al imp an lysis, Form D-4. 20. of th An-%3 dby_ r 7- Date �. *****************APPLICANT NOT TO WRITE BELOW THIS LINE******************* B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: • 4. Longmont Fire Protection District: 5. Other referrals: _ -4 - Mead Land Use Code Published 07/1/86 �. C. Further information requested, if any: D. Action by the Planning Commission: 1. The application is complete. Yes [ ] No ( ) 2. The application is for a major land use change. Yes [ ] No [ ] 3. The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [ ] No [ ] 4. The application is: [ ] approved [ ] disapproved [ ] approved with the following conditions: a) b) c) d) (attach additional conditions as necessary) DONE by the Mead Planning Commission of Mead, Colorado, this day of , 19� ATTEST: Secretary to the Commission Chairman B. Action by the Board of Trustees. 1. The application is complete. Yes [ I No [ ) 2. The application is for a minor land use change. Yes [ ] No [ ] 3. The requirements of the Mead Land Use Code have been satisfied (see attached Form D-5). Yes [ ] No C ] - 5 • Mead Land Use Code published 07/1/86 `_. 4. The application is: ( ] approved ( ] disapproved ( ] approved with the 'following conditions: a) b) c) d) (attach additional conditions as necessary) N. DONE by the Mead Board of Trustees of Mead, Colorado, this day of , 19__ ATTEST: Town Clerk Mayor 6 I . T RI —. = I ,. I ; .y 1 z cd aka I I 'r w ..rte--- • I .NTr.„, • J i sr'd s � • • I I I . _ +� S9 .1 'Cr I r ` I 1 jilt e I �� • ..__ •Orr[Imo i ft I . �. `t y . � . I _-.--- �' jc �: . If • ..I ................s.„:".At 4‘'f S sr A / . / • 1 I . k i EE . '�dr I +? ,; !• %'ter , - . a :• td I y t, F , II < iri . p s x 1 1 I C `• j I XI i :J i• - •. is �/ 71 Cs o kiro.w.o.I MILLI VI .Y b ilk • INM1ATYRD C LI b ati • > 31. YIP II x '_D COI :,'Y 'A.A. —FLATIRON 993 2 +� 2:.440nUCTUR E5 COMPANY r CLERK January 25, 1993 JA V 2 l 1993 Lee D. Morrison _ Assistant County Attorney I -i- \,` C^.UNTYFICE P.O. Box 1948 RNE'O y 5 OF Greeley, CO 80602 RE: Flatiron Planned Unit Development Dear Mr. Morrison: Thank you for the time you allowed last Friday to meet with me to attempt to clear up some confusion in regard to the Flatiron PUP. As I promised in our meeting, I am offering this letter as a formal confirmation of Flatiron Structures Company's obligation and commitment to complete improvements to Weld County Road 22. As stated in the Road Improvements and Maintenance Appendix to the Flatiron PUD Final Plat Application, improvements to Weld County Road 22,at a cost not to exceed$17,850.00,will be made "prior to the initiation of any development activities in the FSCO PUD which specifically increase traffic on WCR 22". Based on our observation of the National Guards' limited activities which affect WCR 22, we do not believe the improvements are currently necessary. I have been assured by Seaboard that the bonds which guarantee our obligations in regard to the WCR 22 improvements are not limited to a specific completion date and will therefore assure the improvements will be made when the traffic warrants this action. Likewise, the performance bond for the landscape improvements to our PUD are not tied to a specific completion date. Although we had originally planned to complete the grading and landscaping of the Lot 1 storage yard during the 1992 calendar year, limited availability and a restrictive planting season for tree seedlings delayed the planting of these trees. Grading and installation of an irrigation system in the tree-planting areas is complete and all of the trees will be planted during the 1993 spring planting season. This final planting will complete the requirements of the PUD improvements and will satisfy this bonded obligation. Seaboard has agreed to provide a letter confirming the fact that the bond is valid through project completion and a copy of this letter will be sent to you upon receipt by Flatiron Strucutres. I apologize for any confusion which our actions may have created. Hopefully, in the future, issues such as this can be resolved before they escalate to this level. I trust this formal acknowledgement will be adequate to clear up the confusion that previously existed. Thanks once again for your time. Sincerely, FLATIRON S CTURES COMPANY Jo f-rl� . oject Manager cc: Steve Vickstrom, St. Paul/Seaboard, Denver Branch Keith Schuett, Weld County Planner !� ,L 10090 625 FRONTAGE ROAD,LONGMONT,CO 80304 y�2) rYI A/i, P.O.BOX 2229.LONGMONT,CO 80502.22:19 J.SX + TEL 303 444.1780 Oa/ol'93 FAX:303 444-1810 PLOW L2 CvC ;i January 21 , 1993 1993 ;t!'d27 _ $119: 5$ CLERK Clerk to the Commissioners TO THE CSC,,7) Weld County 915 10th St. Greeley, CO 80522 To Whom it May Concern, I have enclosed the final 1993 Budget for the Berthoud . Fire Protection District. If you have any questions pertaining to this budget please call, 532-2264. Sincerely, Stephen CCharles Fire Chief t r-- BERTHOUD FIRE PROTECTION DISTRICT 'I 1993 BUDGET REPORT I I i 1• 1' 1'L • L I. It BUDGET INDEX Section A District Operational Information Section B Financial History and Comparisons Section C Lease Purchase Information Section D 1993 Budget Message 1993 Budget Expenditure Highlights Section E General Fund Revenue Expenditures I,. Section F Debt Service Fund Revenue ,. Expenditures Section G Capital Replacement Fund Fund Closed 1992 Section H Unemployment Fund Revenue Expenditures Section I Capital Projects Fund Fund Closed 1992 Section J Volunteer Firefighter Pension Fund ' Revenue Expenditures Section K Operating Reserve Fund Revenue Expenditures Section L Resolutions/Certifications Appropriations Resolution Resolution to set Mill Levies � � Certification of Tax Levies Resolution to Adopt 1993 Budget ' I County Certifications 1 Berthoud Fire Protection District Staffing Information 'I Fire Station/Business Office 275 Mountain Ave. Berthoud, Colorado 80513 532-2264 11' Berthoud Area Community Center 248 Welch Ave. .:'1 Berthoud, Colorado 80513 .. 532-2730 �! lard DI p,irecSors President Phil R. Pennock Vice President E. Eugene Bashor Secretary/Treasurer J.F. Erickson Director J.W. Ward Director Gene Kiehn Eire. Chief Stephen Charles • Il 1 1 ' i ' Career Staff One (1) Fire Lieutenant iTwo (2) Firefighter/Fleet Maintenance itl One (1) Firefighter One (1) Part-time Secretary/Dispatcher One (1) Part-time Bookkeeper One (1) Part-time Community Building Manager 11 Vol tear Mpgxgencv Staff IFTwenty-five (25) Volunteer Fire Officer/Firefighters Itern program 1 ' Nine (9) Fire Science Intern Students ' Volunteer Community )uildina Staff Eight (8) Volunteer Monitor Staff i ► i i 1 I 1 Berthoud Fire Protection District ' Facility Information Fire Station/District Business Office I 6 ,800 Sq. Ft. which includes: * Seven (7) Emergency Vehicle Storage Bays t * One (1 ) Equipment Maintenance/Service Area * Office Area for Staff Personnel Living Quarters of 24 Hour Coverage * Dayroom Area for Volunteer Firefighters Community Center/Fire Training Classrooms * Five ( 5) Meeting/Training Room Areas With Movable Partitions ' * Complete Commercial Kitchen * Office Space for Building Manager * Storage '' 1' ,' .... i 1 ', MILL LHVI HISTORY ' glum ,DEBT mac' P&NSIQ$ TO N� 1987 8.00 N/A 1.00 9.000 1988 * 5.44 N/A .539 5.979 1989 5.831 N/A .565 6.396 'i 1990 + 6.328 1.672 .500 8.500 ' 1991 6.328 1.783 .389 8.500 1992 6.892 1.760 .396 9.048 1993 6.871 1.760 .416 9.047 * Bond approval and mill levy increase by vote of ' the citizens for construction and operations of a fire station addition and area community building. 1! + Decrease in mill levy due to reappraisal of property. rt 1 I I ASSESSED VALDE HISTORY 1, PSBR LAM NUR BonDi8 TOTAL 1987 25,084,080 5,385,590 1,084,840 31,554,510 ' 1988 * 43,548,990 5,729,550 1,944,290 51,222,830 ' 1989 40,408,630 5,707,250 2,221,310 48,337,190 1990 40,040,640 6,179,400 2,346,960 48,567,000 • 1991 40,327,030 6,577,840 2,288,860 49,193,730 ' 1992 39,453,520 6,597,730 2,250,330 48,301,580 1993 40,074,550 5,880,400 2,338,600 48,293,550 '! * Reappraisal of property 'I- ._'j 1. 1 I I ' REVENUE Vs EXPENDITURE HISTORY IGeneral Fund IYEAR ACTUAL REVENUE EXPENDITURE 1987 $297,889 $289,948 I 1988 304,455 282,403 1989 282,972 290,088 1990 347,925 308,497 1991 350,376 348,718 1992 380,765 (projected) 380,765 (projected) 1993 385,534 (budget figure) 385,534 (budget figure) Debt Service I YEAR ACTUAL REVENUE EXPENDITURE 1987 N/A N/A 1988 N/A N/A I 1989 N/A N/A 1990 79,577 82,885 1991 89,753 87,898 I 1992 85,600 (projected) 84,455 (projected) 1993 85,506 85,807 (budget Figure) Pension Fund YEAR ACTUAL REVENUE EXPENDITURE I1987 58,887 35,599 1988 50,095 36,033 I 1989 52,760 40,806 1990 44,811 57,704 1991 52,753 39,334 1992 49,827 (projected) 39,420 (projected) I1993 39,843 (budget figure) 39,843 (budget figure) I I 1 . • I . 1 . .1. . 1 Berthoud Fire Protection District ItLease - Purchase Agreement Information li The Berthoud Fire Protection District entered into a five (5) AU- year lease purchase agreement with Municipal Service Group on November 2, 1992 for a 1993 Pierce Saber fire: pumper. An I apparatus specification packet and a copy of the lease purchase agreement are on file at the Berthoud Fire Protection District headquarters, 275 Mountaia Ave. , Berthoud, Colorado. 1' Additional information as follows: I. * The lease purchase agreement was entered into on the aforementioned date by the Board of Directors at a special meeting. A copy of the minutes are attached. 1' * Principal and interest payment schedule is attached 1; * Final payment on the five (5 ) year lease purchase agreement will be made October 30, 1997. 1' . II 1' • 1F_ . 1 ._ 1 _ Nise 1 L 1 tn 1 - 0 1 C 11 O SPECIAL MEETING VA Special Meeting of the Berthoud Fire Protection District Board of Directors will be held Monday, 1` '6. November 2, 1992 at 7:00 PM. The meeting will be held I ® at the Berthoud Area Community Center, 248 Welch Ave. , Berthoud, Colorado. The Aforementioned meeting will be 1 to discuss the purchase of apparatus for the Berthoud Fire Protection District. 1 i 1' -O Pm • 1amC 1 • 1' Box 570, 275 Mountain Ave., Berthoud, Colorado 80513 1 - I I' EXHIBIT E SCHEDULE OF PAYMENTS DATED DATE: OCTOBER 30, 1992 I BERTHOUD FIRE PROTECTION DISTRICT PMT PAYMENT PAYMENT PRINCIPAL INTEREST PURCHASE Ii a DATE AMOUNT PORTION PORTION PRICE 1 30 - Oct-93 24,821.80 18,142.50 6.679.30 87,004.12 2 30 - Oct-94 24,821.80 19,316.32 5,505.48 66.%7.55 3 30 - Oct-95 24.821.80 20.566.08 4,253.72 46.828.97 4 30 - Oct-96 24.821.80 21.896.71 2,923.09 23,527.77 1 5 30 - Oct-97 24.821.80 23,313.41 1.308.39 0.00 TOTAL 124.108.98 103,235.00 20.873.% ILESSEE: BERRTTHOUD FIRE PROTECTION DISTRICT TITLE:f fire I I I I' I U I . .. -.. .._ . . . • L RECORD or PROCEEDINGS 100 Laing I• Call to order: The Special board meeting of the, Berthoud Tire Protection District was celled to order laboron November 2. 1992 by Vice President Gene labor at 1900 hours. • II. Present: gene Bognor, gone flab's, John Ward and John Erickson guests included are: Steve Charles, John Hawley and Brad Trujillo I„ President Phil Pennock was absent. III. A motion to approve the agenda was made by John ward and seconded by Gone Riehn, unanimous approval. IV. Chief Charles asked the hoard to amend an action taken I' by the Board during the, October 20, 1992 regular board meeting limiting the coat of the apparatus to 6165,000.00 to a new total cost of $165, 235.00. A motion was made by John Ward to amend the action of the Board during the October 20, 1993 Board meeting which limited the cost of the apparatus to 1165,000.00 to a new cost of 6165.235.00. This motion was seconded by gene Riehn. The motion to limit the cost to 6165,235.00 ' vas passed with unanimous approval. $166161.00 Total cost of apparatus 2926.OQ Rebate on chassis payoff 6165235.00 Adjusted cost of apparatus At this time the District Board discussed the 1993 budget. Chief Charles advised that whether or not Amendment I passed • total of $28,000.00 was budgeted for the first lease purchase payment due October 30. 1993 as proposed. The Board reviewed the purchase Contract from Pierce Manufacturing and the lease purchase agreement form Municipal Services group. A motion was made by John Erickson and seconded by Gene Riehn to accept the purchase contract from Pierce Manufacturing and make a down payment of 659,000.00. This down payment will be made immediately. 629,000.00 __ of which will come from the Capitol Improvement Fund and 130,000.00 from the General Fund which wee dedicated for transfer to the Capitol Improvement Fund for the purchase of • apparatus. A motion was made by John Ward and seconded by John Erickson to accept thee lease purchase agreement form Municipal Services, both motion's passed unanimously. Ij The lease purchase agreement is a five year agreement at a fixed rate of 6.479. Delivery of the apparatus is anticipated to be in late August of 1993 or late October of 1993. She purchase contract and lease purchase agreement were signed by the Board. • 1 14, • I� 4 . ' RECORD OF PROCEEDINGS TOO lags '. The Special meeting of the lerthnwa Piro Protection District Hoard of Directors was adiournad at 20:10 hours with a motion by 0.no Ki.hn and seconded br John Erickson. The motion passed unsnisouelr.ll (-))?Ile Y _)-r..,Vw.Cti Phil Pennock > �/n / n J/ebbore'l�`��"— :1 �, WM'6ashor SOh lard �li - I J�/j�J�7T^_I{/j1^/'JJ �lT i " / /111> Sic ion ...dr. III Gone Kieran i . I- 1— I • ill 1 IIBerthoud Fire Protection District 1993 Adopted Budget Message Summary ' The role of the Berthoud Fire Protection District is to provide citizens within a 100 square mile area in and around the incorporated Town of Berthoud with fire suppression, ' education, and basic life medical services. This area includes portions of Larimer, Weld and Boulder counties. ' These services are supported with a career staff of five full-time Fire Officers and three part-time Administrative staff members. These career staff members augmented by twenty six volunteer Firefighter/Officers and nine intern �i Firefighters manning eight pieces of emergency response apparatus. An additional responsibility recently accepted by the district is the operation of an Area Community Center. Public support of a proposed bond issue in 1989 allowed for a ' 5,000 square foot multi-use community building constructed in conjunction with a 2,500 square foot addition to our existing fire station. ' The budget includes revenue and expenditures reflecting an INTERGOVERNMENTAL agreement between the Berthoud Fire Protection District and Thompson Valley Hospital District. This agreement places an advanced life support ambulance and paramedic in the district station full time beginning March 1, 1992. Additionally, the agreement calls for the Berthoud Fire Protection District to provide FF/EMT ambulance attendant to make-up the two-person ambulance staffing. The placement of an ambulance in Berthoud is the result of several years of planning and discussions between two boards ' and staff. This change has enhanced the services within the district by reducing the response time for advanced life support as well as assigning staff to our fire station 24 hours a day, 7 days a week. The adopted budget seeks to address the new and on going needs of the district and to honor the commitments for providing the level and quality service which the district residents deserve and have come to expect. The budget specifies revenue and expenditures in the General Fund, Capitol Improvements/Replacement Fund, Debt Service Fund, Unemployment, Volunteer Firefighter Pension Fund and The Operating Reserve Fund. The 1993 Budget is based upon an assessed valuation, actual values were not available from the counties, of $48,299,370. ' The General Fund mill levy is 6,871, the Debt Service Fund • mill levy is 1.760 and the Volunteer Firefighter Pension Fund 1 mill levy is .416 with a total mill levy of 9.047 for 1993. The total mill levy for 1993 is the same as 1992. In accordance with the Tabor Amendment/Amendment 1, 1• of our General Fund budget has been placed in an Emergency Reserve Account. ' Financial information provided includes all sources of revenues and expenditures; beginning and ending fund ' balances. "In accordance with the budgeting basis of accounting as defined in CRS 29-1-102 (2) the following method of timing when revenue and other financing sources and expenditures and other financing uses are recognized for budget purposes shall be the "modified Al basis," The required schedules and related information for lease purchase agreements have also been included in accordance with Rouse IFBill 90-1164. ,' 1 1: . 1 1 1993 Expenditure Highlights Primary objectives of the 1993 budget include: * Enhance our current levels of service by increasing staff and providing 24 hr. a day, 7 days a week career (2) manning by entering into an INTERGOVERNMENTAL Agreement with Thompson Valley Ambulance Service at a cost reflection to our tax base of $1360. * Provide programs for the citizens health and safety needs, to include: CPR certification of all fifth ' graders and continued recertification, firesafety/burn education for all ages and "Prom Night" an alcoholic beverage consequence program for high school students. 11. Receive purchased 1993 Pierce Saber Custom Pumper @ a cost of $165,235 . 1 * Replace needed Firefighting equipment to provide our staff with dependable Firefighting equipment. ' * Provide cost effective training of our carer, volunteer and intern firefighter, while maintaining local and nationally recognized standards. ' * Co-staff an advanced life support ambulance housed in the fire district facility. ' * Replace needed communications equipment to provide our staff with dependable radio equipment. * Continue to support our Firefighters health and Safety program to ensure our staff is provided with effective protective clothing and health support. ' * Provide for the annual Debt Service payments on the Fire Station addition and Community Building construction. * Provide funding for the volunteer Firefighter Pension Fund. 1 1 IgENERAJ FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 _ IACCOUNT DESCRIPTION ' ACTUAL ' ESTIMATED I FINAL NUMBER PRIOR CURRENT 1 BUDGET YEAR YEAR { 1992 1991_ 1992_ I { Fund Balance 1/1 1 62237.00{ 72133.00 1 00.00 : Revenues : 358610.001 380763.00 1 385534.00 • 1 { Expenditures 1331898.001 452896.00 1385534.00 Transfers 1 Fund Balance : 72133.00{ 00.00 1 00.00 I 12/31 1 I I I ' I I 1 I I 1 1 I I 1 1 ;t.:._ I I I 1 1 1 I I 1 - 1 I I 1 I 1 . I • 1 I 1 I 1 1 1 1 1 I { 1 1 1 I I I I I 1 , I 1 I I I II I I I I I 1 , I 1 1 , I 1 I I I II 1 I I I , 1 1 1 1 I I 1 1 I / I I .. I - I I II 1 I I I 1 1 I ' I I I I I I � I I I I I I I . 1 1 I I I I I I I FORM H-29 ' ' GENERAL FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 ! IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PROIIOR CURRENT TZAR iBUUDDGG T TE1991_ 199k General Taxes i 1 I411 ; Property Tax 1 313070.00; 332895.00 1 331824.00 I 412 ; Specific 1 34174.00; 26000.00 26000.00 Ownership 413 1 Penalties/Interst; 00.00 00.00 1 00.00 I on Taxes Total Taxes 1 347244.00: 358895.00 357824.00 1 Intergovernmental; 1 Revenue r 421 State Grants 1 00.00: 00.00 1 00.00 422 TVAS 1 00.00: 5160.00 ; 23280.00 I 1 Total 00.001 5160.00 1 23280.00 . I Intergovernmental i $ 1 Charges for Servi;es 431 1 Sundry Services ; 24.001 00.00 1 00.00 I 1 Total Charges ; 24.00; 00.00 1 00.00 For Services I Ii Miscellaneous 1 1 i Reyfnue 441 ; Earnings on 1 5112.00 : 4200.00 1 4000.00 Deposits 442 1 Donations 1351.00 : 10000.00 ; 00.00 " I 445 1 Community Center 1 00.00 1 00.00 1 430.00 User Fees 457 1 Miscellaneous 1 3177.00 1 00.00 1 00.00 I1 Total Misc. 1 9640.00 1 14200.00 1 • 4430.00 - Revenue 1 1 I I ' I I I II I I ' FORM H-29 ' GENERAL FUND BUDGET 1 BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 1: ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199,'x, 1 . 199]_ 199_ Other Income ; ; i • I445 ; G. Beck ; 00.00; 00.00 ; 00.00 1 452 ; Sale o£ Assets ; 1702.00; 00.00 : 00.00 456 ; Received From ; 00.00; 00.00 ; 00.00 Debt Service Loan I. ; Total Other ; 1702.00; 00.00 ; 00.00 Income t I I I I . I . , I ' I 1 , I 1 I 1 1 I 1 1 I 1 I ; 11 , 1I I , I I I I 1 ; I 1 1 1 I I I 1 I . . Total Revenue ; 358610.00 ; 378255.00 ; 385534.00 IL FORM H-29 r y IF GENERAL FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1.99,x_ • ' ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR TEAR 199L 1991_ 199,_ 100 Administration ; 82629.00: 115573.00 ; 87014.00 I200 ; Firefighting ; 96807.00; 196933.00 ;223635.00 300 ; Fire Prevention ; 44560.00; 19699.00 ; 1000.00 ' 400 ; Communications ; 12130.00; 19321.00 ; 16800.00 ' 500 Training i 7262.00; 7012.00 5800.00 I 600 ; Repair Services ; 39456.00: 33720.00 ; 1600.00 . 1:- 700 ; Rescue Servics ; 917.00; 3224.00 ; 700.00 ' 800 ; Station/Grounds ; 28668.00; 43852.00 ; 4968.00 Bldg. A 850 ; Station/Grounds ; 00.00; 00.00 ; 21882.00 Bldg. B 900 ; Elections ; 00.00: 392.00 ; 1200.00 950 ; FF Health ; 00.00; 13169.00 ; 6535.00 '' Safety DSF ; Debt Service ; 19469.00: 00.00 ; 00.00 I I I NOTE: 1991 950 Firefighter Health and Safety calculations are included in 200 Firefighting (only)_^ 1 • III I i• ' i i $ I i i I L i i i i , 1 1 i Total ; 331898.00; 452895.00 : 385534.00 Expenditures FORM H-29 IF1993 GENERAL FUND BUDGET BERTHOUD FIRE PROTECTION DISTRICT 11 January 1 - December 31, 199,3 ' ACCOUNT DESCRIPTION ACTUAL ESTIMATEDD FINAL NUMBER PRIOR CURRENT BUDGET TEAR TZAR 1992_ 1991_ 1992 ' 100 ; Administration ; ; ; 1 Personal Services; ; 100.5110 ; Salaries & Wages ; 35905.00; 50477.00 : 39520.00 I100.5115 ; social Security ; 2505.00; 3786.00 ; 3024.00 100. 5120 ; Pension, FPPA 00.00; 1591.00 ; 00.00 100.5125 ; Unemployment } 00.00; 245.00 ; 800.00 100.5130 ; workers 1 223.00; 3706.00 ; 576.00 Compensation 100.5135 ; Health Insurance : 1420.00; 4449.00 : 00.00 I'' 100. 5140 ; Uniform Allowance: 160.00; 551.00 : 00.00 100.5155 ; Direcor Fees ; 2858.00; 3050.00 : 3000.00 ' 100. 5170 ; Leave Liability ; 00.00; 00.00 ; 00.00 Total Personal ; 43437.00: 67855.00 ; 46920.00 Services $ Supplies ; ; 100.5210 ; Office Supplies : 1892.00; 1557.00 ; 4292.00 1 ' 100.5212 ; Computer : 459.00; 737.00 : 00.00 Supplies A100.5295 ; Sundry Supplies ; 905.00; 816.00 ; 00.00 s •; , , ; Total Supplies ; 3256.00 ; 3110.00 ; 4292.00 i i i i . ' %`' I Purchased i i i Services 100. 5310 ; Audit Fees 1 3114.00 ; 6990.00 ; 3520.00 I 100.5315 ; Accounting ' ; 1500.00 ir , 2036.00 ', 2520.00 Services I I I 1 I I I IFORM H-29 Page 1 of 21 1 .. 1993 GENERAL FUND BUDGET BERTHOUD TIRE PROTECTION DISTRICT • 1 January 1 - December 31, 1993 ACCOUNT ; DESCRIPTION ACTUAL ESTIMATED 1 FINAL ' NUMBER PRIOR CURRENT BUDGET YEAR YEAR 1992_ 1991_ 1992_ • 11. 100 . 5320 1 Subscriptions 130.00: 71.00 1 00.00 1'' 100. 5325 Membership/Dues40. ; 918.00: 134.00 1 00.00 100. 5330 1 Travel/Training I 1120.00: 1405.00 1 00.00 _'' 100. 5335 1 Postage/Box Rent 1 953.00; 553.00 1 1100.00 100. 5340 ; Publication of 1 958.001 209.00 1 300.00 I Legal Notices 100. 5345 ; Printing I 41.00 : 401.00 1 1300.00 100. 5350 ; Legal Services 1 327.00 : 2640.00 I 1900.00 100 . 5360 1 Repairs & 1 581.00: 456.00 1 3750.00 Maintenance '' 100. 5365 1 Maintenance Cont. 1 2218.00: 2191.00 I 00.00 100. 5395 1 Purchased I 1148.001 2133.00 1 500.00 I Services , 1 U' Total Purchased 1 13544.001 19703.00 1 13870.00 Services , $ Airj Fixed Charges 1 I 100. 5410 1 Bonds & Insurance 14816.001 16783.00 1 14332.00 11. I Bank Service , 1 00.001 233.00 1 00.00 Charges II 100.5430 I Treasurers Fees 1 5742.001 7178.00 1 7100.00 1 I Total Fixed 1 20558.00 I 24194.00 i 21432.00 Charges , I , , ' 1 Capitol I Outlay 100. 5540 I Office Equipment 1 1834.00 1 711.00 1 500.00 , • , I L 1 Total Capitol I 1834.00 1 711.00 I 500.00 Outlay ' L I I I I FORM H-29 Page 2 of 21 _ I }993 GZNZRAL PUND BUDGET BERTHOUD TIRE PROTECTION DISTRICT IJanuary 1 - December 31, 199,x__ ACCOUNT ' DESCRIPTION ACTUAL ESTIMATED rINAL II ACCOUNT PRIOR =RUNT BUDGET TEAR TZAR 199,1. 1991_ 1992 1I Total Admin. : 81629.00; 115573.00 ; 87014.00 Budget 1 •1 1 1 • 1 1 1 1 I I i ,1' 1 I i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 ,I ' ' 1 1 • 1 1 1 1 I. 1 1 1 1 1 1 a 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 . 1 1 1 1 1 1 / 1 1 / 1 1 ' 1 1 1 1 1 1 1 1 , 1 1 1 1 1 1 1 1 1 'l 1 1 1 I 1 I I 1 1 I 1 1 I I I I 1 1 1 I 1 1 '' .. FORM H-29 Page 3 of 21 1993 GENZRRAL- FUND SODO= liBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 ,_ ll ACCOUNT 1 DESCRIPTION ACTUAL ESTIMATED ; FINAL . NUMBER PRIOR CURRENT I BUDGET . YEAR YEAR 1 1992_ . 199E 199 ; 200 ; Firefighting ; i i IFPersonal Services; ; 1 200. 5110 ; Salaries/Wages ; 46607.00; 38060.00 ;125175.00 200.5111 ; Additional Wages 1 816.00; 594.00 ; 2240.00 II200.5115 ; Social Security ; 57.00; 80.00 ; 172.00 200.5120 1 Pension ; 3720.00; 3145.00 ; 10014.00 ,1 200.5125 1 Unemployment ; 00.00; 157.00 ; 3118.00 200.5130 1 Workers Comp. ; 14065.00; 16026.00 ; 19732.00 ' 200.5135 ; Health Insurance ; 3625.00; 3011.00 ; 21000.00 ' 200.5140 ; Uniform Allowance; 8.00; 336.00 ; 00.00 200. 5145 ; Life Insurance 1 1298.00; 00.00 ; 00.00 . I200.5160 1 Contract Work ; 4162.001 908.00 1 00.00 200.5165 ; Personal Services; 2390.00; 4984.00 ; 1500.00 200.5170 ; Volunteer ; 00.00; 00.00 ; 1828.00 I �nQentive 1 1 Total Personal ; 76748.00; 67301.00 184779.00 ' '; Services 4 1 I Supplies ; 1 ' 200.5215 ; Operating ; 1860.00; 1181.00 1 2000.00 Supplies 200.5235 1 Uniforms ; 1050.001 3670.00 ; 1000.00 200.5250 ; Repair Parts ; 735.00; 391.00 ; 00.00 Il - 200.5295 ; Sundry Supplies ; 00.00; 589.00 ; 00.00 $ 1 1` Total Supplies 1 3645.00: 5831.00 ; 3000.00 1' FORM H-29 Page 4 of 21 r ' 1993 GENERAL FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199j___ IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET TEAR TEAR 199,_ 199]_ 1992_ f' 200 : Firefighting j 1 ;Purchased Services: j 200. 5320 ; Subscriptions ; 167.00; 201.00 ; 00.00 ,' 200.5325 Membership Dues j 392.00; 569.00 ; 00.00 II200.5330 Travel Training j 509.00; 922.00 00.00 200.5335 j Postage/Box Rent j 00.00; 00.00 ; 00.00 IL 200. 5345 j Printing j 105.00; 73.00 j 00.00 200. 5350 ; Legal Services j 00.00; 00.00 ; 00.00 11 200. 5360 ; Repairs & Maint. ; 425.00; 2297.00 j 2000.00 I 200. 5395 ; Purchased 3532.00; 523.00 ; 00.00 Services 1 ; Total Purchased j 5124.00; 4585.00 ; 2000.00 Services I j j Capitol Outlay j j ' 200.5525 j Firefighting ; 1800.00; 3806.00 ; 2000.00 Equipment 200. 5530 ; Equipment Replace: 00.00: 59000.00 ; 00.00 Ill 200. 5560 Fund Transfer ; Shop Equipment 1 00.00; 10.00 ; 00.00 200.5570 ; Contingency Fund ; 00.001 00.00 j 3856.00 if Emeraencv 200. 5580 ; Operating Reserve; 00.00: 50847.00 j 00.00 Fund Transfer Total Capitol 1 1800.00; 113653.00 j 5856.00 Qtttlav . j j j j It- f j j j t t I 1 1 1 '1 FORM H-29 Page 5 of 21 ' ' GENERAL FOND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 194 _ . '' ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET TEAR TEAR 199,'x,_ ';_ : 199] 199 , 200 . 5560 Firefighting I ; I Continued Debt Service I t : : Lease/Purchase I <11606.00> 7587.00 28000.00 Payment t I : Total Debt : <11606.00> 7587.00 128000.00 Service 1 I I I :NOTE: FIREFIGHTER HEALTH/SAFETY 950 IS INCLUDED IN FIGHTING 200 TOTAL WHILE DEBT SERVICE IS ' I SUBTRACTED. 1 i i VHS I Total I 9490.00: I ' I : 1 I I I I . I I I i I $ 1 I 1 I I I 4 1 I I i i I i I I : I i 1 i I I I I I I I I 1 4 I I I I I I I i i i I I i : I - . I I I I It200 :Total Firefighting: 96807.002 196934.00 : 223635.00 1 ' FORM H-29 Page 6 of 21 1993 GENERAL FUND BUDGET , BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 ._ • I, ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET TEAR TEAR 199,_ . 1991_ 1997_ 300 ; Fire Prevention 1 I1 Personal Services: I i I300. 5110 ; Salaries & Wages 1 32885.00; 13830.00 : 00.00 300.5111 ; Additional Wages ; 294.00 ; 116.00 1 00.00 • I. 300.5115 Social Security 22.00: 9.00 1 00.00 300.5120 1 Pension FPPA ; 2631.00: 1106.00 : 00.00 I' Supplies 300. 5125 1 Unemployment 00.00; 1.00 1 00.00 I300.5135 ; Health Insurance 1 3962.00: 1719.00 1 00.00 300.5140 1 Uniform Allowance; 250.001 325.00 1 00.00 I; I I Total Personal 40044.00; 17106.00 1 00.00 Il Services I I 1 Supplies 1 1 300.5210 1 Office Supplies 1 00.00 : 5.00 1 00.00 I 300.5220 1 Educational ; 1344.00; 1005.00 ; 00.00 Supplies _ 300.5225 ; Code Reference 1 200.001 • 369.00 1 00.00 ISupplies 300.5330 1 Operating 1 00.00: 00.00 1 1000.00 Supplies I'' 300.5295 ; Sundry Supplies ; 563.001 247.00 1 00.00 I I Total Supplies 1 2107.00: 1626.00 1 1000.00 I i IL i Purchased i i i Services 300.5325 1 Membership Dues 1 139.001 113.00 1 00.00 ' ,' 300.5330 1 Travel/Training 1 1262.001 732.00 1 00.00 IFORM H-29 Page 7 of 21 IIGENERAL rum BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 . i' ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET r TEAR YEAR 1992_ • 199],_, 1992_ 300 1 Fire Prevention ; ; 1 It Continued 300.5335 ; Postage/Box Rent ; 00.00; 00.00 1 00.00 I _ 300.5345 ; Printing : 149.00; 00.00 : 00.00 300. 5350 1 Legal Services ; 180.00; 00.00 ; 00.00 I 300.5364 1 Consultant ; 533.00; 00.00 ; 00.00 Services 300.5395 ; Sundry Purchased 1 146.00; 122.00 1 00.00 i Services ': , 1 I 4 Total Purchased ; 2409.001 967.00 1 00.00 '; Services I I I 1 , 1 I 1 I 1 1I 1I I I 1 'I I 1 I 1 I I I 1 I I I 1 II 4 1 1 1 1 I 1I 4 , I I 1 I ,' 1 1 1 1 1 1 1 1 1 1 1 . ' :. I 1 I 1 ' 1 I1 I 1 . ,L 300 ; Total Fire 1 44560.00; 19699.00 1 1000.00 Prevention luFORM H-29 Page 8 of 21 ' 1993 GENERAL, FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET ir YEAR YEAR 199,'x_ . 1991_ 199L 400 : Communications I 1 I : Personal Services: 1 400. 5165 1 Personal 1 00.00: 00.00 ; 00.00 • Services Total Personal I 00.00: 00.00 I 00.00 Services Supplies I I , ' 400.5215 1 Operating 1 177.00: 109.00 1 400.00 Supplies ' 400. 5250 1 Repair Parts 1 39.00: 110.00 : 00.00 , , , , '' Total Supplies : 216.00: 219.00 : 400.00 IPurchased 1 I Services 400. 5360 : Repairs/Maint. : 2255.00: 2362.00 t 1500.00 ' 400. 5370 1 Telephone 1 9346.00 : 8850.00 1 9000.00 '' 400. 5375 I Dispatch : 00.00: 1351.00 1 2000.00 400. 5380 : Training & 1 308.00: 00.00 : 00.00 '' Education 400 . 5395 : Purchased 1 5.00: 00.00 1 150.00 Services Total Purchased I 11914.001 12563.00 : 12650.00 Services 1` t I I I , . I; , 'L FORM H-29 Page 9 of 21 GENERAL FUND BUDGET ' BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 _ '; ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199,E 199]_ 1992_ 400 Communications Cont . Capitol Outlay 400.5550 Communications 00.00 ; 6539.00 3750.00 Eauinment I I I Total Capitol 00.00; 6539.00 3750.00 Outlay 1 1 1 1 If 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I'. 1 1 / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 f 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 400 Total I 12130.00 ; 19321.00 ; 16800.00 Communicatigns FORM H-29 Page 10 of 21 GENERAL FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT , January 1 - December 31, 199 _ Ni -li ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR TEAR 1991_ Ill 1991_ 1991_ 500 ; Training ; ; ; ' I500. 5215 ; Operating ; 227.00; 269.00 ; 800.00 Supplies 500.5220 ; Educational ; 319.00; 552.00 ; 00.00 IISupplies 500.5295 ; Sundry Supplies ; 213.00; 19.00 ; 00.00 '', ; Total Supplies ; 759.00; 840.00 ; 800.00 I ; : I ; Purchased ; ; Services 500. 5330 ; Travel/Training ; 00.00; 64.00 ; 00.00 I500.5380 ; All Employees ; 6503.00; 6108.00 ; 5000.00 Travel/Training ; ; ; Total Purchased ; 6503.00; 6172.00 ; 5000.00 I Services ; '' ' 1 II iii ; i ' 1- ' ; ; ; . '' 500 ; Total Training ; 7262.00; 7012.00 ; 5800.00 IlFORM H-29 Page 11 of 21 1 FUND BUDGET ' BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 Ii ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL • NUMBER PRIOR CURRENT BUDGET YEAR TEAR 1991_ . 1991_ 1991_ 600 I Fleet i iIF Maintenance ' Personal Services; I 600. 5110 1 Salaries/Wages 1 22096.001 16172.00 1 00.00 ,I 600. 5120 I Pension FPPA 1 1733.001 1294.00 1 00.00 IF600.5125 1 Unemployment 1 00.001 00.00 1 00.00 600.5535 1 Health 1 3854.001 2724.00 1 00.00 Insurance ' 600.5140 1 Uniform Allowance; 620.001 452.00 1 00.00 600.5115 I Social Security 1 25.001 00.00 ; 00.00 r I I I I 1 I Total Personal 1 28328.001 20642.00 ; 00.00 Services I I 1 . li1 Supplies 1 I Y' 600.5215 1 Operating 1 1591.001 712.00 1 1500.00 Suuclies 600. 5250 I Repair Parts I 2227.001 4000.00 1 5100.00 ' 600. 5255 1 Fuel/Oil 1 3680.001 3735.00 1 5000.00 600.5200 1 Tires 1 172.001 1537.00 1 1000.00 It600.5265 I Tools I 148.00; 171.00 1 200.00 600.5295 1 Sundry Supplies I 177.001 255.00 1 00.00 I600.5225 I Code Reference 1 53.001 00.00 1 00.00 Suvvlies Total Supplies 1 8048.001 10410.00 1 1280.00 1 i I i . Ill i ; IL 1 1 1II FORM H-29 Page 12 of 21 1993 GENERAL FOND BUDGET • ' BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199L_ IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET TEAR TEAR 199,}_ . 199]_ 1997_ 600 ; Fleet Maintenance; 1 II Continued Purchased ; I Services 600. 5320 1 Subscriptions ; 110.00; 00.00 ; 00.00 600.5330 Travel/Training I 464.00: 824.00 I 00.00 I600.5360 ; Repair/Maint. ; 1224.00; 781.00 I 2200.00 600.5395 Sundry Purchased I 676.00: 923.00 I 00.00 III- Services I I I Total Purchased ; 2474.00; 2528.00 ; 2200.00 , . Services I I I ICapitol Outlay I 600. 5560 1 Shop Equipment ; 606.00: 140.00 I 1000.00 . 11 1 1 I 1 1 1 I Total Capitol I 606.00: 140.00 I 1000.00 I Outlay 1 1 1 1 1 1 1 I i i i 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 . 1 1 I 1 1 1 1 1 1 1 1 t 1 1 . I . I . I 600 1 Total Fleet I 1 39456.001 33720.00 116000.00 Maintenance FORM H-29 Page 13 of 21 1 19)3 GENERAL FUND BUDGET IIBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 1! ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET . YEAR YEAR 192 199,1 1991 700 Rescue Services 1 2 Personal Services: I 700.5110 I Salaries/Wages 2 00.002 2167.00 1 00.00 ,' 700. 5115 1 Social Security I 00.002 00.00 2 00.00 700 . 5125 1 Unemployment I 00.002 00.00 1 00.00 700 . 5140 1 Uniform 1 00.002 00.00 1 00.00 Allowance , ' I Total Personal 1 00.002 2167.00 I 00.00 ItServices , r 1 r 1 2 Supplies I I 1 700. 5215 1 Operating 1 278.002 20.00 2 300.00 ,' 700. 5250 Supplies 2 Repair Parts 2 00.002 00.00 1 300.00 , t r r '' Total Supplies 1 278.001 20.00 1 600.00 I 1 1 , r 1 Purchased 1 I '1 $ervices 700 . 5320 1 Subscriptions 1 15.002 37.00 1 00.00 700 . 5330 1 Travel/Training 1 157.001 00.00 1 00.00 IF700 . 5360 1 Repairs/Maint. 1 110.002 00.00 1 100.00 700. 5395 1 Sundry Purchased I 00.001 00.00 1 00.00 '' Service I r 1 I $ - II_ , r r I - r r r 2 Total Purchased 1 282.001 37.00 1 100.00 Services rI 1 ' . FORM H-29 Page 14 of 21 IFGENERAL FUND BUDGET BERTHOUD FIRE PROTECTION DISTRICT ' January 1 - December 31, 1993 t' ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199A 1991_ 199 , 700 Rescue Services ; I Continued '• Fixed Charges i1 700.5410 Bonds/Insurance ; 00.00; 00.00 00.00 I I I 1 I I I 1 Total Fixed ; 00.00; 00.00 ; 00.00 Charges 1 I I I 1 1 1-, 700.5560 ; Rescue Equipment ; 357 .00; 1000.00 00.00 I1. I I I I 1 Total Capitol ; 357.00; 1000.00 ; 00.00 Outlay I I I � I I 1 I I I 1 1 I I I I I 1 ,•1 I I I I I I I ' I I I 1 I I I I ill1 I 1 1 ' I I I I I I 1 1 . I I I I I I 1. I - I I I 1 I I I I 1 1 I I i.:_. I 1 I I • 1 1 1 I , I I I700 Total Rescue 917.00: 3224.00 700.00 Services 1' FORM H-29 Page 15 o£ 21 ' 1993 GENERAL_ FOND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31. 1993 't ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR TEAR 1992 1'; - 199E 1992_ 800 ; Station Grounds ; ; ; II Buildinc A Supplies ; ; 11800.5215 ; Operating ; 2059.00; 4232.00 ; 1812.00 Suppli@s 800. 5250 ; Repair Parts ; 165.00; 810.00 125.00 11 800.5270 ; Janitorial ; 670.00; 1111.00 ; 00.00 Supplies 800.5295 ; Sundry Supplies ; 602.00; 2300.00 ; 00.00 I 11' TotalSupplies ; 3496.00; 8453.00 ; 1937.00 ; ; I ; ; I Purchased ; Services 800. 5360 ; Repairs/Maint. j 944.00; 5053.00 ; 250.00 IF800.5363 ; Janitorial ; 3600.00; 3600.00 00.00 Services 800. 5390 ; Utilities ; 10713.00; 10168.00 ; 2500.00 1 800. 5391 ; Snow Removal ; 788.00; 687.00 ; 350.00 1; 800.5392 ; Trash Removal ; 477.00; 509.00 ; 250.00 800 . 5395 ; Sundry Purchased ; 2448.00; 2600.00 ; 00.00 • Supplies I I I Total Purchased ; 18970.00; 22617.00 ; 3100.00 IFServices I 1 1 1 1 1 / I I S ; I I I I . I '',. 1 f II ; ii ,' PORE H-29 Page. 16 of 21 ' GENERAL FUND BUDGET ' BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1991_ IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET TEAR YEAR 199,E 1991_ 1991_ 800 ; Station Grounds ; 11 ; '' Building A Cont. Capitol Outlay ; ; I '' 800.5515 ; Building/Grounds ; 6602.00; 12782.00 ; 281.00 Improvement I I 1 I 1 1 1 Total Capitol 6202.00; 12782.00 ; 281.00 Outlay I I I I I 1 $ I I I I I ' 1 1 I I I I I I I . I I I I 1 1 1 I I I 1 I 1 I I i I . I 1 1 1 I 1 1 1 1 I 1 I I 1 I I I I 1 I I '', I 1 1 1 1 It 1 1 1 1 1 1 1 1 '1 1 1 1 I I I 1 I 11. I 1 1 I I 1 1 I I I 1 1 1 1 f I I 1 I I I 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' 800 ; Total Station ; 28668.00; 43852.00 : 5568.00 Grounds Bldg. A 1'. FORM H-29 Page 17 ' 1993 GENERAL FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT v ,_January 1 - December 31, 199 li ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 1992 199]_ 199,_ 850 ; Station Grounds : : ; II Bulletins B Supplies ; ; ; '' 850.5215 Operating ; 00.00; 00.00 I 5438.00 SuppUes 850. 5250 I Repair Parts 1 00.00: 00.00 I 375.00 ,. r 1 I r r , I r Total Supplies : 00.00; 00.00 : 5813.00 _ 1. 1 Purchased I I I I Services I850.5360 I Repairs/Maint. I 00.00; 00.00 : 750.00 850.5390 ; Utilities 1 00.00; 00.00 : 7500.00 II850. 5395 ; Purchased ; OO.OOI 00.00 1 6375.00 Services $ , , . II Total Purchased 1 00.00; 00.00 ; 14625.00 Servi;es I Capitol Outlay 1 ; 1 850.5515 ; Improvement ; 00.001 00.00 1 844.00 I Total Capitol : 00.00: 00.00 1 844.00 Outlay , i I I , 1 , I I I 1 , , , • , , , r , , , I I I I I I I I . I II , I I I 4 I 850 Total Station : 00.00; 00.00 ; 21282,00 Grounds_Bidg. B I. FORM H-29 Page 18 of 21 ' 1993 GENERAL FUND BUDGET IBERTHOUD TIRE PROTECTION DISTRICT January 1 - December 31, 1993 IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199.x_ • ' 1991_ 1 199 900 ; Elections I ; Supplies I900. 5280 ; Election ; 00.00 ; 00.00 500.00 900. 5295 ; Sundry 00.00 ; 30.00 ; 00.00 I I 1 Total Supplies ; 00.00; 30.00 500.00 . U-. 1 1 I I ; Purchased Services 900. 5335 Postage 00.00; 00.00 00.00 ' 900 . 5340 Publish Legal 00.00 ; 98.00 ; 00.00 Notice 900 . 5345 Printing 00.00, 29 .00 00.00 I900. 5350 ; Legal Services 00.00: 5.00 ; 00.00 I .. 900. 5395 ; Purchased 00.00 : 230.00 ; 700.00 Total Purchased 00.00 ; 362.00 700.00 Services I 1 1 1 1 1 1 1 1 •f 1 1 1 1 1 1 1 1 1 1 1 , . 1 1 1 1 ITotal Election ; 00.00 : 392.00 1200.00 IFORM H-29 Page 19 of 21 • ' GENERAL FUND BUDGET BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 . tACCOUNT DESCRIPTION ACTUAL ; ESTIMATED ; FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199,_ • .' - 1991_ 1992 950 ; Health & Safety '' { Supplies ' 1', 950. 5215 Operating/Safetey 9.00 ; 576.00 800.00 - Supplies 950. 5220 ; Educational 00.00: 00.00 ; 00.00 ', . 950. 5230 ; Protective 5116.00 ; 10375.00 ; 2935.00 Clothing 950. 5240 Safety ; 434.00: 255.00 00.00 : `1 950 . 5295 ; Sundry 130.00; 00.00 00.00 I ' , , , Total Supplies ; 5689.00 ; 11206.00 ; 3735.00 , , , , Purchased ; ; , Services . 950 . 5380 Training ; 00.00 ; 00.00 00.00 Education 950 . 5383 ; Entry Exams 2048.00; 1171.00 ; 2000.00 ' 950 . 5384 00.00 00.00 Health Screens , , 1687.00, '', 950 . 5386 ; Exposure Test 59.00 ; 445.00 500.00 950 . 5395 ; Purchased ; 00.00: 347 .00 ; 300.00 '' Services Total Services 3794.00; 1963.00 2800.00 ,' . ,II FORM H-29 Page 20 of 21 , ,„ GENERAL FUND BUDGET BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 ACCOUNT DESCRIPTION ; ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET TEAR TEAR 1991. 199]_ 1992 950 : Health/Safety Continued Capitol Outlay 950.5555 : Equipment : 00.00: 00.00 : 00.00 Total Capitol ; 00.00: 00.00 : 00.00 Outlay 950 ; Total FF Health ; 9483.00: 13169.00 1 6535.00 Safety NOTE: FIREFIGHTER HEALTH/SAFETY 950 IS INCLUDED IN FIREFIGHTER 200. I I ' I ; <9483.00> 1` • • GENERAL FUND 331898.00: 452895.00 :385534.00 GRAND TOTAL FORM H-29 Page 21 of 21 DEBT SERVICE FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1991_ IFACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET ' YEAR YEAR 1992_ 1991_ 1992_ 1 Fund Balance 1/1 1 2344 : 6486 : 7861 1 Revenue 1 90088 1 85650 1 85807 Expenditures : 81258 1 84455 I 85807 ' ' 1 Fund Balance 1 6486 1 7681 : 7681 12/31 i 1 I i •I . $ I i I I 1 I I I I I II ,, 1 I I I 1 1 1 1 i i i 1 I 1 I I 1 1 I l 1 1 1 1 I 1 1 1 I 1 I I I I I I I 1 1 I 1 I 1 I I I 1 1 1 1 $ 1 1 1 1 I 1 1 I 1 1 1 1 1 ' 1 1 1 1 1 1 1 1 I i,. , 1 I 1 / 1 I 1 1 I I 1 I ..I 1 I I I 1 1 1 1 I 1 1 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 I I - FORM H-29 Page 1 of 3 ' DEBT SERVICE FOND BUDGET I.._ BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 _ IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET 1991-YEAR 1YEAR 199,E DSF I Revenue ; It411 I Property Taxes ; 88212 : 85000 I 84996 I I Total Property 88212 ; 85000 I 84996 Taxes II I4 I . I Miscellaneous I I I Revenue 413 :Penalties/Interests 1876 : 150 I 0 ,t on Taxes 0 415 I Tax Refunds I I i 0 I41 I Prior Year Taxes I 0 I 0 I 0 441 I Earnings on I 0 I 500 I 811 ' Deposits 456 I Fund Transfers i 0 I 0 I 0 i I i I . I. I Total Revenue I 1876 I 650 I 811 Miscellaneous ' I I I I I I I I II , I I I I '' 1 1 I I I 4 , 1 1 I $ 1 , I I I I $ $ I IFI II I I I I IliII I1 4 I I 'I . I 1 DSF I Total Revenue I 90088 I 85650 I 85807 FORM H-29 Page 2 of 3 ' DE$T SERVUX runts BUDGET BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 . IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 1992 199]_ 199 DSF Expenditures I ; Purchased Services ' 5310 ; Audit Fees ; 238 ; 250 ; 250 5420 ; Bank Fees 300 300 ; 300 ' 5430 ; Treasurers Fees 1618 ; 1650 ; 1702 - 11 Total Purchased ; 2156 1 2200 2252 Services r r r r 5535 ; Reimburse 0 ; 0 ; 0 I General _Fund r r r r r Total General ; 0 0 1 0 IFund Transfer Debt Payment ' 5630 ; Bond Payment ; 45000 50000 ; 55000 Principal 5640 ; Bond Payment 34102 ; 32255 ; 28555 Interest r r I r r r r r , r I 1 r r r r , r 1 r r r r , 1 r r r r r r r r r . DSF Total 81258 1 84455 85807 Expenses FORM H-29 Page 3 Of 3 CAPIT9y IMPROVEMENT FUND BUDGET ' _ BERTHOUD TIRE PROTECTION DISTRICT January 1 - December 31, 199,x,_ . IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR TEAR 1992 1991_ 1992_ Fund Balance 1/1 ; 19418 : 19352 0 I : Revenue/Transfers; 23528 ; 40000 0 1 Expenditures ; 23594 : 59352 t 0 Fund Balance 2/31: 19352 : 0 : 0 1 ; CAPITOL IMPROVEMENT FUND ACCOUNT CLOSED IN 1992 1 1 1 •1 t 1 I I ' 1 1 1 I I 1 1 I I I I I 1 1 I i 1 ' I i i i I I I I I I I I . 1 I I I 1 I I 1 1 21 1 1 1 1 li i i i i ', I 1 I 1 I 1 I I 1 I I I / I I I 1 I I i 1 1 1 ' 1 1 1 I 1 / I 1 1 1 1 / 1 '' 1 1 1 1 1 1 1 i 1 1 I 1 1 1 1 1 1 1 1 1 1 1 t 1 1 It I 1 1 1 1 1 1 t FORM H-29 Page 1 of 3 ' CAPITOL 1KPR0VEMENT FOND BUDGET IBERTHOUD FIRS PROTECTION DISTRICT January 1 - December 31, 1993 . IFACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET TSAR TSAR 192 111[ 1991_ 199k CIF i Revenue i 1 i IOperating Rewnu+; ; 1 IF411 ; Property Tax 1 0 I 0 1 0 441 1 Earnings on 1 1056 : 500 1 0 Deposits IF451 1 Other Income 1 0• ; 0 ; 0 i i i ' ; Total Operating ; 1056 I 500 1 0 Revenue 1 •1 1 I 1 I 1 ' 1 Transfers 1 1 I ' 456 1 General Fund : 15687 30000 ; 0 Transfers I I 1 1 1 1 li1 Total Fund 1 15687 1 30000 I 0 Transfer I 1 I Miscellaneous 1 1 I• Income I 442 1 Donations 1 6785 1 10000 1 0 Colitributions 1 1 1 I 1 1 / 1 ll1 Total Misc. 1 6785 1 10000 - 1 0 Income I I i I I 1 CAPITOL IMPROVEMENT FUND ACCOUNT CLOSED IN 1992 l 1 1• i I I 1 1 1 1 1 • 1' I I 1 I I I I I I 1 I I 1 1 CIF 1 Total Revenue 1 23528 1 40500 I 0 ' FORM H-29 Page 2 of 3 ICAPI3OL IMPROVEMENT FUND BUDGET iBERTHOUD FIRE PROTECTION DISTRICT • . January 1 - December 31, 1993 1 ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 1992 1991_ 1992_ ' CIF i Expenditures Purchased ; 1 services 5310 ; Audit Fees 75 ; 0 0 f. Total Purchased ; 75 ; 0 ; 0 I Services 1 1 1 1 I Equipment Replacement I5520 Apparatus/Vehic1e{ 0 59352 0 5530 ; Transfers to CPF ; 23519 0 ; 0 ITotal Equipment 1 23519 59352 0 Replacement 1 1 1 Communications : Equip._Replacement I 5550 Communications 0 0 0 Equipment 1 1 1 IL-L Total Comm. 0 0 0 Replacement 1 I i I. , r I, 1 1 I I• I I I I I . 1 CIF ; Total : 23595 ; 59352 0 Expenditures FORM H-29 Form 3 of 3 r '' UNEMPLQYMEI1 FUND BUDGET ' BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 ACCOUNT DESCRIPTION ACTUAL I ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 1992_ . 1 199L. 199 Fund Balance 1/1 : 11065 I 14565 I 14665 I: : Revenue I 3613 : 0 I 3918 I Expenditures I 113 I 100 I 3918 ' I Fund Balance I 14565 I 14665 I 14665 12/3.1 I I I I 1 I I I 1 I 1 I 1 :'1' I 1 I I I I I I I I I I 1t I I I I I I I I I I I 1 I I 1 1 I 1 I I 1 1 I 1 , I II I 1 I 4 1I 1 1 1 1 1 1 1 I I I I 4 I I I 4 1 I I I I 1 - I I I I I I I '( 1 1 I 1 4 I 1 I I I 11, I I I I I 4 I IF i 1 1 1 I 1 1 1 1 1 1 I 1 1 1 1 I 1 ( I 1 1 1 I. 1 1 1 / • 1 f 1 FORM H-29 Page 1 o£ 3 UNEI5PLOT MENT FUND BUDGET I. BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 „ ACCOUNT DESCRIPTION ACTUAL I ESTIMATED FINAL NUMBER PRIOR : CURRENT BUDGET TEAR I YEAR 1991 1; . 1991_ I 1992_ Unemployment; Unemployment I ; ; ' Revenue ` I Non Operating : I I Revenue 600 I 350 441 Earnings on 713 ' Deposits I Miscellaneous I 0 0 0 Revenue 4 I : Total Non I 713 I 600 I 350 '', Operating Revenue I , I I , , , • , , I ,1 Transfers ; ; I 456 I Operating Fund I 2900 I 0 : 3918 I� Transfers 1 I 1 , I I I I I I I I , I I I 1 1 I I I / 1 1 1 ' 1 , I I 1 I 1 I I I 1I I I 1 1 I I 1 I I I I 4 1 1 I 1' II ' I I 1 1 1 1 1 - , 1 1 1 1 , 1 1 I 1 t ' I I 1 1 1 1 1 ' Unemployment: Total Revenue I 3613 I 600 : 4268 1 FORM H-29 Page 2 Of 3 ' ' UNEMPLOYMENT FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 I'l.. ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR REAR 199', I1991_ 199Z_ Unemployment: Expenditures I ; I : Personal Services: : I 5125 I Unemployment : 13 : 402 I 3818 Benefits , , '' I Total Personal I 13 : 402 : 3818 Services , , , Purchased I : : Services 5310 : Audit Fees I 100 : 100 : 100 ,1 , , , , I : Total Purchased I 100 : 100 I 100 services , , , , , I , , I 4 I 1 I 1 1 , I II I I, 1 , I , I , ' 1 , , , • I 1 I , , , , I , , 1 , , , I , � , - 1 , , I. Unemployment: Total Expenses I 113 : 502 I 3918 FORM H-29 Page 3 of 3 CAPITOL PROJECTS FUND BUDGET BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199.E ' 199j,_ 1992_ Fund Balance 1/1 ; 18790 { 124 0 Revenue 4950 I 0 0 ;Operating Transfer; 23616 ; 276 0 8xoenditure I Fund Balance ; 124 (152) 0 1 12/31 I Capitol Projects Fund Account Closed in 1992 1 1 , If 1 , I I I , , 1 1 iI I I I FORM H-29 Page 1 o£ 3 ' CAPITOL PROJECTS FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199,x, • I1991` 199,2,_ CPF Revenue ;I 422 Sundry i 0 0 0 Intergovernmental I 441 ; Earnings on 0 347 0 ; Deposits 442 ; Donations ; 4603 ; 0 ; 0 1. 456 ; Fund Transfers ; 0 0 0 1 • I ' Capitol Projects Fund Account Closed in 1992 4 I I I 1 1 I I 1 1 1 I P 1 1 1 1 I I 1 1 1 1 1 CPF ; Total Revenue 4950 ; 0 ; 0 1 FORM H-29 Page 2 of 3 CAPITOL PROJECTS FUND BUDGET BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 ' ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 1992 199,_ 199?_ CPF 1 Expenditures ' Purchased services 5310 Audit Fees 345 276 ; 0 5515 ; Building 23271 0 ; 0 Improvements 1 1 1 1 1 1 1 Total Purchased 23616 276 0 Services 1 1 1 1 1 1 1 1 1 1 1 1 Capitol Projects Fund Account Closed in 1992 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • ' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 $ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 j i i 1 i 1 1 1 1 1 1 1 CPF Total Revenue 23616 i 276 0 FORM H-29 Page 3 of 3 e • PlNSIQZi FUND BUDGET ' BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199,x,_ ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199 ., 199_ 1992_ 1 :Fund Balance 1/1 ; 228059 ; 242122 245253 ' ;Revenue 1 52858 ; 42551 ; 39843 ;Expenditures 38795 ; 39420 39843 ;Fund Balance 12/31; 242122 245253 ; 245253 1 1 1 1 1 1 1 1 1 1 ,. 1 1 1 1 1 1 IF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 / 1 1 1 1 1 1 1 1 1 1 1 FORM H-29 PENSION FUND BUDGET BERTHOUD FIRE PROTECTION DISTRICT January 1 - Dsctmbtr 31, 1993 ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 1991 1991_ 199 Pen 100 Administration 1 6224 3100 I 2627 ' Pen 200 Benefits 32571 I 36320 1 37216 1 r r r r r r r r r I r r r I r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 1 r 1 r r r r r r r r r r r r r r r r r r r r r r r r r I I I I r r r r r r r r r r r r r r r r r r r r r r 1 r r r r r r 1 r r r r r r I Total 138795 I 39420 1. 39843.00 FORM H-29 ' PENSION FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 _ . IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET TEAR TEAR 199 11 199._ 199?_ Pension ; Taxes l I I411 ; Property ; 19023 ; 19127 ; 20090 • 413 ; Penalty/Interest ; 0 ; 0 ; 0 On Taxes 415 ; Tax Refund ; 0 ; 0 ; 0 416 ; Prior Year Taxes ; 0 ; 0 ; 0 1 ; Total Revenue ; 19023 ; 19127 ; 20090 I iI i Intergovernmental Revenue ' 421 ; Matching State ; 14745 : 14824 ; 14093 Funds I I ' ; Total Inter. ; 14745 ; 14824 ; 14093 Revenue , 1 I ; IF I Miscellaneous ; ; Revenue 441 ; Earnings on ; 0 ; 5800 ; 3660 Deposits 443 ; Refund of ; 0 ; 0 ; 0 I _ Expenditures 446 ; Dividends ; 8348 ; 2800 ; 2000 I 447 ; Unrealized ; 0 ; 0 ; 0 Gain/Loss 448 ; Realized ; 8734 ; 0 ; 0 Gain/Loss 11 451 ; Other Income 2008 1 0 ; 0 458 ; Net Change in ; 0 ; 0 ; 0 I Accrued Income I I Total Misc. ; 19090 ; 8600 ; 5660 I Revenue Total Pension ; 52858 : 42551 1 39843 Revenue ' FORM H-29 PENSION FUND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 1 ACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET • YEAR YEAR 1992 ' 191 1992_ 100 Administration ' ; Purchased ; Services 1 100.5310 ; Audit Fees ; 1669 ; 750 ; 1024 100. 5430 Treasurer Fees 353 377 1 403 I 100. 5435 ; FPPA 1126 1000 1200 Fees/Expenses IFTotal Purchased 3147 2127 2627 Services 1 200 1 Firefighting 1 1 1 Personal Services 200. 5710 Benefits, Payments 32571 32316 ; 32316 . I 200. 5720 Age & Service Insurance ; 3077 1 4400 ; 4500 200. 5725 1 Benefit 1 0 ; 0 0 Payment 200. 5730 Benefit Payment 1 0 1 200 1 400 ' Death Total Personal 1 35648 1 36916 1 37216 ' Services 1 1 I , 1 1 1 , 1 1 1 ITotal 1 38795 1 39043 1 39843.00 FORM H-29 ' OPERATING RESERVE _ FOND BUDGET ' BERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 1993 L . IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET YEAR YEAR 199,x, II199 199 , 1 Fund Balance 1/1 1 0 1 0 : 50417.00 I1 Revenues 1 0 1 0 0 I 1 Expenditure ; 0 0 1 0 Transfers 1 Fund Balance 1 0 1 0 1 50417.00 I 12/31 I I 1 , I ' 1 , 1 1 1 1 1 I ' I 1 4 i I ' I I I . I I ` 1 I I I I I I 1 1 , I 1 , , II I $ , , $I , I 1 $I I $ , I I I I I I I ' 1 I 1 1I I FORM H-29 OPERATING RESERVE FUND BUDGET IBERTHOUD SIRE PROTECTION DISTRICT January 1 - December 31, 199L_ IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET I TEAR NEAR 199 199]_ 1998 ORF ; Revenue I411 Property Tax ; 00.00; 00.00 ; 00.00 ' ; Total Property 00.00; 00.00 ; 00.00 Tax , , I II i Miscellaneous 1 I I Revenue ;413 Penalties/Interest; 00.00; 00.00 ; 00.00 on Taxes ' 415 ; Tax Refunds 00.00: 00.00 ; 00.00 416 ; Prior Year Taxes ; 00.00; 00.00 ; 00.00 ' 441 ; Earnings on ; 00.00; 00.00 ; 00.00 Deposits 456 ; Fund Transfers ; 00.00; 00.00 ; 00.00 , ,I , Total Revenue ; 00.00; 00.00 ; 00.00 Mijcellampus • ,I , 'I , I I . I I '+ I 1 , I ' I ' I , iI ORF ; Total Revenue ; 00.00( 00.00 ; 00.00 IFORM H-29 ' OPERATING RESERVE FOND BUDGET IBERTHOUD FIRE PROTECTION DISTRICT January 1 - December 31, 199 _ . IACCOUNT DESCRIPTION ACTUAL ESTIMATED FINAL NUMBER PRIOR CURRENT BUDGET ITZAR TSAR 199 ORF ; Expenditures I ; Purchased ; , Services I5310 ; Credit Fees ; 00.00; 00.00 ; 00.00 5420 ; Bank Fees ; 00.00; 00.00 ; 00.00 ' 5430 ; Treasurer Fees ; 00.00; 00.00 ; 00.00 iI Total Purchased ; 00.00; 00.00 ; 00.00 Seryices , , I , I , I General Fund ; Transfers 5530 ; Transfer to GF ; 00.00; 00.00 ; 00.00 . , , I , , Total General ; 00.00; 00.00 ; 00.00 Fund Transfers , , I II , 1 , , I , 1 , I , I , j , , , , i I I I _ t S f ORF ; Total ; 00.00; 00.00 ; 00.00 Exvenditytres IIFORM H-29 1 • APPROPRIATIONS RESOLUTION A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS, IN THE AMOUNTS AND FOR THE PURPOSES SET FORTH BELOW, FOR THE BERTHOUD FIRE PROTECTION DISTRICT, COLORADO FOR THE f1993 BUDGET YEAR. WHEREAS, Berthoud Fire Protection District has adopted ' an annual budget in accordance with Colorado Budget Law on December 14, 1992, and; WHEREAS, Berthoud Fire Protection District has made provisions therein for revenues equal to or greater than total proposed expenditures as set forth in said budget, and; WHEREAS, it is required by law and is necessary to appropriate the revenues in a budget to and for the purposes below, so as not to impair the operation of the District. NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Berthoud Fire Protection District, Colorado: Section 1. That the following sum is hereby appropriated from the revenues of the ' General Fund for District Operations: Total General Fund $ 385,534.00 ' Section 2. That the following sums are hereby appropriated from the revenues of the Pension Fund Operations: ' Total Pension Fund $ 39,843 Section 3. That the following sums are hereby appropriated from the revenues of the General Fund, to be transfered to the Capital Improvement Fund for operations: ' Total Capital Improvement Fund: CLOSED Section 4. That the following sums are hereby appropriated from the revenues of the General Fund, transfered to the Unemployment Fund for operations: 1 Total Unemployment Fund: $3,918 Section 5. That the following sums are hereby appropriated from revenues of the Capital Project Fund for operations: Total Capital Project Fund: CLOSED . '- Appropriations Resolution - Page 2 1 Section 6. That the following sums are hereby appropriated from the revenues of the Debt Services Fund for bond obligations: Total Debt Services Fund: $85,506 ADOPTED, THIS 14th day of December, 1992. I Eugene Reshot. John E 'c son Gene Kiehn Phil nook csaz �Joo n Ward ATTEST: Stephen Charles • 1 CERTIFICATION OF TAX LEVIES TO: County Commissioners of Larimer, Weld and Boulder Counties, Colorado. THIS IS TO CERTIFY THAT THE TAX LEVIES TO BE ASSESSED BY YOU UPON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE BERTHOUD FIRE PROTECTION DISTRICT FOR THE BUDGET YEAR 1993 AS DETERMINED AND ESTABLISHED BY THE BOARD OF DIRECTORS ON Deecember 14, 1992 ARE AS FOLLOWS: General Operating Expenses mills 6.871 Volunteer Fire Pension mills .416 ' Bond Indebtedness mills 1.760 Total mills 9.047 YOU ARE HEREBY AUTHORIZED AND DIRECTED TO EXTEND THE ABOVE ' SAID LEVIES UPON YOUR TAX LIST. IN WITNESS THEREOF, I HAVE HEREUNTO SET MY HAND AND THE OFFICIAL SEAL OF THE BERTHOUD FIRE PROTECTION DISTRICT THIS ' 14th DAY OF December, 1992. cjuz • Phil Pennock, President Board of Directors 1 SEAL 1 1 RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE BERTHOUD FIRE PROTECTION DISTRICT, COLORADO, FOR THE ENSUING YEAR OF 1993. WHEREAS, the Board of Directors of the Berthoud Fire Protection District has appointed Stephen Charles to prepare and submit a proposed budget to said governing body at the proper time, and; WHEREAS, Stephen Charles has submitted a proposed budget to the governing body on December 14, 1992, for its consideration, and; WHEREAS, upon due and proper notice, published or posted ' in accordance with the law, said proposed budget was open for public inspection at a designated place, a public hearing was held on December 14, 1992, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget, and; WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so ' that the budget remains in balance as is required by law. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors ' of the Berthoud Fire Protection District, Colorado: Section 1. That estimated expenditures for each fund are as follows: GENERAL FUND $ 385,534 PENSION FUND $ 39,843 UNEMPLOYMENT FUND $ 3.918 CAPITAL IMPROVEMENT $ CLOSED CAPITAL PROJECT $ CLOSED DEBT SERVICES $ 85.807 OPERATING RESERVE $ Q ' Section 2. That estimated revenues are as follows: A. GENERAL FUND UNAPPROPRIATED FUND ' BALANCES $ Q SOURCES OTHER THAN $ 27.71Q GENERAL PROPERTY TAX $ 1,1.824 OWNERSHIP TAX $ 25.Q90 TOTAL $ 385.5$ ' B. PENSION FUND UNAPPROPRIATED FUND BALANCES $ 245.253 SOURCES OTHER THAN $ 29.753 GENERAL PROPERTY TAX $. 20.090 • TOTAL $ 285.096 1 Page 1 1 Resolution to Adopt Budget - Page 2 1 C. UNEMPLOYMENT FUND UANAPPROPRIATED FUND BALANCES $ 14.665 SOURCES OTHER THAN GENERAL PROPERTY TAX $ 3.918 GENERRALALPROPERTY TAXTOT $ 19.0583 D. CAPITAL IMPROVEMENT FUND CLOSED 1992 E. CAPITAL PROJECTS FUND CLOSED 1992 F. DEBT SERVICES UNAPPROPRIATED FUND BALANCES $ 7.681 SOURCES OTHER THAN $ $31 ' GENERAL PROPERTY TAX $ 2Q $ 84 9 GENERAL PROPERTY TAX 96 TOTAL $ 93.48 G. OPERATING RESERVE BALANCE $ 50..417 SOURCES OTHE THAN $ a ' GENERAL PROPERTY TAX $ QQ TOTAL $ 5O.41t Section 3. That the budget as submitted, amended, and ' hereinabove summarized by fund, hereby is approved and adopted as the budget of the ' Berthoud Fire Protection District for the year stated above. Section 4. That the budget hereby approved and adopted shall be signed by the Board of Directors and made a part of the public records of the District. • ADOPTED, THIS 14th day of December, 1992. erereCe.--449nro ' Page 2 1 Jo Eric c--- Gene Kiehn ..Chil Pe ocx 24424, .e.eyinceercsii. Jo Warrd(ft ATTEST: i 1 Stephen Charles 1 BFPD Form H-19 10/88 1 1- ' Page 3 RESOLUTION TO SET MILL LEVIES IA RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE BUDGET YEAR 1993, TO HELP DEFRAY THE COSTS or GOVERNMENT FOR THE BERTHOUD FIRE PROTECTION DISTRICT, COLORADO. WHEREAS, the Board of Directors of the Berthoud Fire Protection District has adopted the annual budget in accordance with the Local Government .Budget Law on December 14, 1992, and; WHEREAS, the amount of money necessary to balance the I budget for general operating expenses is $385,534, and; WHEREAS, the amount of money necessary to balance the budget for the Bond Indebtedness expenses is $85,807, and; WHEREAS, the amount of money necessary to balance the budget for Firemen's Pension expenses if $39,843, and; WHEREAS, the 1993 valuation for assessment for the Berthoud Fire Protection District as certified by the County Assessors is $48,293,550. NOW, THEREFORE, BE IT HEREBY RESOLVED/ORDAINED BY THE ' BOARD OF DIRECTORS OF THE BERTHOUD FIRE PROTECTION DISTRICT, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Berthoud Fire Protection District for the 1993 budget year there is hereby levied a tax of 6.871 mills upon each dollar of the total valuation for assessment of all taxable property within the District for 1992. Section 2. That for the purpose of meeting all Bond Indebtedness expenses of the Berthoud Fire ' Protection District for the 1993 budget year there is hereby levied a tax of I 1.760 mills upon each dollar of the total valuation for assessment of all taxable property within the District for 1992. I Section 3. That for the purpose of meeting all pension operating expenses of the Berthoud Fire Protection District for the 1993 budget year there is hereby levied a tax of .416 mills upon each dollar of the total valuation for assessment of all taxable property within the District for 1992. Section 4. That the President is hereby authorized and directed to immediately certify to the County Commissioners of Larimer, Weld and Boulder Counties, Colorado the mill levies for the Berthoud Fire Protection District as hereinabove determined and established. I 1 ADOPTED, this 14th day of December, 1992. 1 1 Eugene Bas����5� fe h Exicks a ' Gene Kiehn 1 y Jo Warrdddet" ATTEST: I. Stephen Charles '- 1 CERTIFICATION OR TAX LEVIES TO: County Commissioners of WELD County ty Colorado. For the year 19.3.3., the DISTRICT DIRECTORS oftheBERTHODD' • (governing board) I FIRE PROTECTION DISTRICT hereby certifies the following 9.047 ma levies to be (unit of government) _ extended by you upon the total assessed valuation of$ 5,880,400 ' .. . PURPOSE LEVY REVENUE ■ 1_ ExpensesGeneral Operating � 6.871 $ 40,404 ■ 2. Refunds/Abatements mills $ 3. Annual Incentive Payments puw to mills $ 3x11-123(8)CRS (Counties only) or 31-1¢903(5) CRS (Mtsicipatltlss only) _ in SUBTOTAL. 6.871 mulls $ 40,404 4. General Obligation Bonds and Interest' 1,760 mas $ 10 ,349 I. 5. Contractual Obligations Approved at Section mills $ 8. Capes Expenditures levied prar•rt to CRS milts $ 294-301(1.2) (Counties aid Municipsltlss Io 29.1.902(1 (Special Districts only) 7. Expenses Incurred in Reappraisal mills $ ' pursuant to Ordered or Conducted by State Board of Equalization (County only) 8. Payment to State of Excess State mss $ • IEqualization Payments to School Districts (County only) • 9. Other (specify)VOLUNTEER FIREFIGHTER .416 mifiS $ 2.446 I. PENSION FUND TOTAL 9.041 triple $ 53,199 1 Contactoerson: STEPHEN CHARLES, CHIEF Daytime Phone: ( )(303) 532-2264 I _ Signed ae..4...& Tide FIRE CHIEF • 1 • CRS 32-1-1803(SS x2-143)requkas Spool Districts to softly separate mil levies to the cord d Cot my wench for funding requirements d each debt.- Space is provided on tlrs bait dtMatorm. Total should be recorded above on line 4. NOTE Certification must be to three decimal places only. • I If your boundaries extend into more than one county, please fist all counties here: LARIMER, WELD) BOULDER Send copy to Division of Local Government, Room 521. 1313 Sherman Street Denver, Colorado 80203. FORM DLO 70 (Rev.5/12) DEBT DESIGNATION: LEVY: REVENUE 1. DEBT SERVICE 1.760 Mills $ 10 .344 2 — GENERAL —__ _ 6.871-". ,' Mpts Z • $ 40 ,404 ' 3. VOLUNTEER FF PENSION .41A Mills :$. 2.446 • 4. MWS 5. Mills S ' Mills S _ 1 • 1 IW CERTIFICATION OF TAX LEVIES I TO: County Commissioners of LARIMER County,Colorado. FOr the year 19 93, th@ DISTRICT DIRECTORS of the BEttTHOUD (governing board) ' FIRE PROTECTION DISTRICT hereby certifies the following 9 047 mill levies to be (unit of government) extended by you upon the total assessed valuation of$ 40,074 ,550 I PURPOSE LEVY REVENUE I1. General Operating Expenses 6.871 mills $ 275,352 2. Refunds/Abatements miUs $ 3. Annual Incentive Payments pursuant to mills $ I30-11-123(6) CRS (Counties only) or 31-15-903(5) CRS (Municipalities only) ISUBTOTAL 6.871 mills $ 275,352 4. General Obligation Bonds and Interest* 1.760 was $ 70,531 5. Contractual Obligations Approved at Election mills $ 6. Capital Expenditures levied pursuant to CRS mills $ 29-1301(12) (Counties and Municipalities I only) or CRS 29-1302(1.5) (Special Districts only) 7. Expenses Incurred in Reappraisal mills $ Ipursuant to Ordered or Conducted by State Board of Equalization (County only) I 8. Payment to State of Excess State mills $ Equalization Payments to School Districts (County only) I9. Other (specify) VOLUNTEER FIREFIGHTER .416 mills $ 16,671 PENSION TOTAL TuT 9.047 mills $ '1g1 , 554 1 Contact person: STEPHEN CHARLES, DCHIEF Daytime Phone:j__ I ■ Signed Y ile:, 44-1/L.-Gc•� Tide FIRE GP' ICRS 32-1-1603(SB 92-143)requires Special Districts to'certify separate mm levies to the Board of County Comissloners,one each for funding requirements of each debt.' Space is provided on the back of this form ' Total should be recorded above on line 4. NOTE: Certification must be to three decimal places only. I If your bouI.*d rites eEen,d into more than one county, please list all Counties here: LM ER, 00py to Division of Local Government, Room 521, 1313 Sherman Street, Denver, ' Colorado 80203. FORM CIA 70 (Rev.5/92)•I . • DEBT DESIGNATION: LEVY: REVENUE: I1. DEBT SERVICE 1 .760 Mills $78 511 2. GENERAL _ 6.871 Mills $275,352 ' 3. VOLUNTEER PF PENSION .416 Mills $-15y6?1 4. Mills $ ' 5. _ Mills $ 6. Mills $ I 7. Mills $ 8. Mills $ 1 • 1 1 1 1 1 1 1 1 s -.1 ' CERTIFICATION OF TAX LEVIES I TO: County Commissioners of BOULDER County,Colorado. For the year 1993 , the DISTRICT DIRECTORS Of the BERTHOUD (governing board) I FIRE PROTECTION DISTRICT hereby certifies the following 9.047 mill levies to be (unit of government) extended by you upon the total assessed valuation of$ 2,338,600 I PURPOSE LEVY REVENUE ' 1. General Operating Expenses 6.871 mills $ 16,068 2. RefundS/AbatementS mills $ 3. Annual Incentive Payments pursuant to _ mills $ -- I 30-11-123(6) CRS (Counties only) or 31-15-903(5) CRS (Municipalities only) ISUBTOTAL 6.871 mulls $ 16,068 4. General Obligation Bonds and Interest' 1.760 mills $ 4.115 1 5. Contractual Obligations Approved at Election mills $ 6. Capital Expenditures levied pursuant to CRS mills $ 2,41301(1.2) (Counties and Municipalities' only) or CRS 29-1-302(1.5) (Special Districts only) 7. Expenses incurred in Reappraisal ' mills $ I pursuant to Ordered or Conducted by State Board of Equalization (County only) 8. Payment to State of Excess State mills $ IEqualization Payments to School Districts (County only) 9. Other (specify) VOLUNTEERFIREFIGHTER -416 mills $ 972 IPENSION FUND TOTAL 9.047 mills $ 21,155 ' Contact arson: STEPHEN CHARLES, CHIEF (303) 532-2264 P _ Daytime Phone: ( ) ISigned .ttC2 , A_.ule,„ JTitie FIRE CHIEF ICRS 32-1-1603(SB 92-143)requires Special Districts to'certify separate mil levies to the Board of County Comissloners,one each for funding requirements of each debt' Space is provided on the back at this form. Total should be recorded above on line 4.I NOTE: Certification must be to three decimal places only. I If your boundaries extend into more than one county, please list all counties here: LARIMER, WELD, BOULDER Send copy to Division of Local Government, Room 521, 1313 Sherman Street, Denver, Colorado 80203. FORM DLO 70 (Rev.1/92) ' I DEBT DESIGNATION: LEVY: REVENUE: ' 1. DEBT SERVICE 1.760 Mills $ 4,115 2 GENERAL 6.871 Mills $ 16,068 • I3, VOLUNTEER FF PENSION .416 Mills $ 972 ' 4. Mills $ 5. Milts $ I6. Mills $ ' 7. Mills $ a. Mills $ 1 1 1 1 I AR23178211 rr I IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION.CONSULT LEGAL COUNSEL. I THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OMER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. I I PROMISSORY NOTE ji !' u.s.$117, 914.98 Greeley .Colorado ! ti December 28 FOR VALUE RECEIVED,the undersigned(Borrower)promise(s)to pay the County of Weld, State of Colorado, by and through the Board of County Commissioners :. I of Weld County, M as ororder,(Note Holder)theprincipalsumof One Hundred Seventeen Thousand Nine Hundred Fourteen and 98/100 U.S.Dollars,with interest on the unpaid principal balance from Jan3A X 1 P P P '1— .19...�.�,until paid,at I � n the rate of_eight (8) percent per annum.Principal and interest shall be payable at 915 Tenth Street, Greeley, Colorado ,or such other place as the Note I N Holder may designate,in Sixty payments of Two Thousand Three Hundred _ z i- Seventy-Five and 06/100 Dollars m m (U.S.; 2, 375. 06 ),dueonthe 15th day of each month co beginning January 15 , 19 9 3. Such payments shall continue until the entire indebtedness ;; C4 evidenced by this Note is fully paid; provided,however,if not sooner paid,the entire principal amount outstanding j! ch e and accrued interest thereon,shall be due and payable on„January 1 10_9$, tO \ • H Y Z r e II rtt. MI M 1•• Ofl to fif teen Borrower shall pay to the Note Holder a late charge of (1 54 of any payment not received by the !i ro ?D r . Note Holder within_312._days after the payment is due. A H ! Payments received for application to this Note shall be applied first to the payment of late charges,if any,second to the payment of accrued interest at the increased rate specified below, if any, third, to accrued interest first ( W •/1 specified above,and the balance applied in reduction of the principal amount hereof. Z C T C If any payment required by this Note is not paid when due,the entire principal amount outstanding and accrued , C interest thereon shall at once become due and payable at the option of the Note Holder(Acceleration).To exercise this i option,the Note Holder shall give Borrower notice of Acceleration specifying the amount of the nonpayment.The j I C r Borrower shall have thirty days after the notice of Acceleration has been given to reinstate the terms of this Note,as - they were immediately before such notice,by paying the amount of nonpayment specified in the notice of Aceelera- j n d Lion. The privilege of reinstatement shall not, however. be available to the Borrower more than once during any O N twelve-month period. Unless so reinstated the indebtedness shall bear interest at the increased rate of_ 15 percent per annum from the date notice of Acceleration is given. The Note Holder shall be entitled to collect all f reasonable costs and expense of collection and/or suit,including,but not limited to reasonable attorneys'fees. Borrower may prepay the principal amount outstanding under this Note,in whole or in part,at any time without , penalty except N/A Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent payments or change the amount of such payments. i "'^"- D70•Z-N1. PROUSI.CSORY NOTE - 830115 O x-/O1 jg 3 Bradford Publishing,17(17 W%zee St..Deaver.CO 80202—(?OS)242.2500—2A2 •�c� / y prtoa*o Dites d,f,.poo+ bolt Presentment, notice of dishonor, and protest are hereby waived by Borrower and all other makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of Borrower and all other makers,sureties,guarantors and endorsers,and their successors and assigns. Any notice to Borrower provided for in this Note shall be in writing and shall be given and be effective upon(1) delivery to Borrower or(2)mailing such notice by certified mail,return receipt requested,addressed to Borrower at the Borrower's address stated below, or to such other address as Borrower may designate by notice to the Note Holder.Any notice to the Note Holder shall be in writing and shall be given and be effective upon(1)delivery to Note Holder or(2) by mailing such notice by certified mail, return receipt requested,to the Note Holder at the address stated in the first paragraph of this Note, or to such other address as Note Holder may designate by notice to Borrower. The indebtedness evidenced by this Note is secured by a Deed of Trust dated December 2$ ,i9 92,and until released said Deed of'rust contains additional rights of the Note Holder.Such rights may cause Acceleration of the indebtedness evidenced by this Note.Reference is made to said Deed of Trust for such additional terms.Said Deed of Trust grants rights to the following described property located in the Town of Evans County of Weld ,State of Colorado: Blocks 7, 8, and 107 in the Town of Evans, County of Weld, State of Colorado, and all the streets and alleys that lie within the exterior lines of all said Blocks, and that portion of 8th Street bordering said Blocks on the South, as vacated by Ordinance #101, recorded in Book 1353, Page 73, Weld County Records; and that portion of Latham Street, adjoining said Blocks on the West, as vacated by Ordinance #370-78, recorded in Book 823, Reception #1744570, Weld County Records, all in the Town of Evans, Weld County, CO. Property address: 3815 St. Vrain Street Evans_- ,Colorado (CAUTION:SIGN ORIGINAL NOTE ONLY/RETAIN COPY) IF BORROWER IS NATURAL PERSON(S): doing business as IF BORROWER IS CORPORATION: ATTEST: Centennial Development Services, Inc. m Name oleor ration ; by r y�1 ,"Y�v��.r-. —-�/ ttetsry ✓ Prendant (SEAL) IF BORROWER IS PARTNERSHIP: Name of Partn.f.Np by c. .rai P.rtn.r Borrower's address: 3819 St. Vra1n Street Evans . Colorado $0620 KEEP THIS NOTE IN A SAFE PLACE.THE ORIGINAL OF THIS NOTE MUST BE EXHIBITED TO THE PUBLIC TRUSTEE IN ORDER TO RELEASE A DEED OF TRUST SECURING THIS NOTE. B 1366 REC 02317810 01/11/93 15:25 $0.00 2/002 F 1657 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO V C c\5 AR2317811 o'clock M.. Recorder. T ,I I DEED OF TRUST THIS DEED OF TRUST,Dated December 28, 1992 ,between II Centennial Development Services, Inc. II the grantor herein, whose address is 3819 St. Vrain Street, it Evans, CO 80620 ofthc `County of Weld and State of Colorado, and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated, in the State of Colorado, Witness: L 1 • I I The grantor,to secure a promissory note or notes,hereinafter referred to in the singular,dated , I I I for the total principal sum of $117,914.98 dollars, I payable to the order of County of Weld, State of Colorado, by and through the fl I i the beneficiary herein, whose address is Board of County Commissioners of Weld County I 915 Tenth Street, Greeley, CO 80631 ,after the date thereof. with interest thereon from the date thereof at the rate of eight (8) percent per annum,principal and interest payable in 60 payments of $2, 375.06, due on the 15th day of each month, l beginning January 15, 1993, II does hereby grant and convey unto said Public Trustee the following described property,situate in the County II of Weld , State of Colorado,to wit: it Blocks 7 , 8, and 107 in the Town of Evans, County of Weld, II I State of Colorado, and all the streets and alleys that lie within �I 'I the exterior lines of all said Blocks, and that portion of 8th Street bordering said Blocks on the South, as vacated by Ordinance II IIII #101, recorded in Book 1353, Page 73, Weld County Records: and thatli portion of Latham Street, adjoining said Blocks on the West, as H vacated by Ordinance #370-78, recorded in Book 823, Reception Ij iI #1744570, Weld County Records, all in the Town of Evans, Weld ! I County, Colorado. lI it 8 1366 REC 02317811 01/11/93 15:26 $0.00 1/002 II P 1658 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • also known by street and number as 3 819 St. Vrain Street, Evans, Colorado I I TO IIAVF:AN')'ID!IOU) he same together miff all appntemmi'cs.in mist nevertheless,that in caw of detiult in thy payment of said note or any part thereof or interest i l thereon,or in the leni,nnane of any covenants he•rclnatierem took den upon iS beneficiary l now bodes tiling not ieeofelecrum anddemwnd for sate.said Public Trustee, i. lI ahem advertising ntc if.aid sale ekly,for not s than tour ks in soon.newspaper of general circulation in said county.shall,ell said property in the manner provided by law m eft at the rime of riling said notice and tit:mans!.ill in l un.n auction to,cash at any proper plave designahnl in the notice of Yale.Out of the pnx-eeds of said sale said Tnrsteeihall retain or pay lint all lees,char} s and costs and all moneys adran ed Mr tawit.insurance and assessments,ores any prior encumbrance,with interest thereon,and I I pity the principal and intenu due on said note,rendering the overplus Of unto thegrantor:ant alter dwexpirmlon of the i tow of redemption,said Trustee shall exccute and 11 ' deliver to Nee purchaser is.deed to the property sold,The henelieiary may purchase said property or any pan theraol at such sale. '! The grantor cownums the,lit the time of delivery of these pinyon..he is seMod of staid fm pent' in fee simple.and that saki pinpeny is free of encumbrances.except i I those of record filed in the Office of the Weld County Clerk and Il 1I Recorder prior to December 28, 1992. 11 The grantor also covenants that 1w will keep all buildigs insured with u company alpnwcd by Ow hnliciary for fit and extendedlwerage in on amount equal to the unpaid balance of said note with loss payable to the henfiiary wilt d iver a copy or die policy to she beneficiary and will pay all Wes and assessments against said property and I amounts due onpr r encumbrances.If gram.r shall fail to pay insartmee premiums.taxes or aunts due on poor encumbrance.the beneficiary may pay the ume and all amounts shall ll twcone acid lt anal indchiednc.s due hereunder and in case of foreclosure.he will pay an attorney s We tf II reasonable compensation. I Should the he ti iary hereunder he matte a party t any aet n affecting this deed of trust or the title to said property.the grantor agrees that alt court costs and u reasonable Iullorncy's lee paid by the beneficiary shall become additional indebtedness due hereunder:and the grantor does hereby releaw and wales all claims in said property ax a homestead exemption or other exemption one or lws' lter provided by law, It is agreed thou Meow id-default in payment of said principal or intinterestsir a hex holey tithe covenants lwrein then 6021 principal stun hereby weurttdd interest Marron li a may t the option o f the beneficiary become slue and payable nno ,anything S u l note to the contrary notwithstanding and possession of said property will thereupon be deliwsd to the Ilene Ileiury,and on failure to deliver uch pwsession the he xfielary shall by entitled to a recent,for said properly who may he appointed by uny court of l IppccYam juts di ton, whenever us+Jn min the singular number shall include the plural the plural ix singular,and the uw of any gender shall f a applicable mall genders.All of the emenants I, hers i shall he hinging upon the r gnus.twin,personal repwwntafws,successors rs andasstens or the parties hereto. I Iexecuted the day and year hot above written. II Il . Centennial Development Services,lllnc. BY: b �x- Via" I -7t4__-_, Ii Dale F. Peterson , President STATE OF COLORADO County of We l }SS. I IIThe foregoing instrument was acknowledged before me this 28th Jay of December H992 bY . Dale F . Peterson , President, Centennial Development Services, Inc. IMy commission expires ,./.:.., , Witness my hand and official seal. \ / / �. �I/ // % II 1r V,N:ay ITV / •r Il• .'If in Denver,.insert"C:fy and." No 9i4R,.JP:.o•85, rim I I)tip TRI ST d oats.banner a th's.flue on Sal.l hors, boa V:11) IN:dhvd Publishing,!Ian W.(ah Arc..Lakvwo d,CO 140214—OW,:33.(fXii W)IEN RECORDED RI t'URN'1'O: 2 it 4 7C. 4_ /-5 ' :1 r 00 '03 C'I3M ii3Q80,32I 9 3Y3'I0 tuaxsuaraa NNV XUVW 6S9i a ZOO/Z 00'0$ 9Z=ST £6/ii/TO it8Lt£Z0 0321 99£i 8 N 4 01 'A C O N M .�' II I 9 ;e jG II I w U s T. i o C 00 d 4 ml s x c il f >{ m .,. I o r I p N U) g El �I P4 t C~ w I o d ` H H y pp huh mI U $:_-$ 11 .� a [ ti p \� A Lii 1C I v :4 U W I .. .o. .a. 4 m I; I W DISTRICT COURT taZ ''j,'WER DIVISION NO. 1 mc. > '1171SATE OF COLORADO P.O.BOX t �"l� c7 IYCOLORADO 80632 RAYMOND S.l1ESMAN,anu[ ROBERT A.BEMRMAN,rp�e , �a CLERK 3564000 TO TH DO4R1 Dear Landowner: The Water Court Referee for Division 1 has instructed me to forward a copy of the resume notice/application filed during the month of December , 1992, pursuant to C.R.S. 37-92-302(3) (c) . You are hereby notified that you have until the last day of February , 1993 to file with the water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such statement of opposition must also be served upon the Applicant or the Applicant ' s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. ( Filing fee: $40.00 ) . Mary A. Crespin, Water Clerk, Water Division 1, P.O. Box "C" , Greeley, Co 80632 . Sincerely, / �r Mary A.t/Crespin Water Clerk Water Division No. 1 46 jOICA7 e",*c1ff ,n> December, 1992 Resume Page 49 (92CW139-Continued) H. SPWCP Cobb Lake Re oir. I. SPWCP Augmentat' Plan. J. SPWCP Cache 1 Poudre River Exchanges. K. SPWCP South latte River Exchange. The Project gen ally consists of a pumping plant and a forebay reservoir loc ted at the confluence of the Cache la Poudre and South Plat Rivers, which will draw water from both rivers through the thr intakes listed above. The pumping plant will pump water north t ugh a pipeline to several different destinations. Water will delivered to McGrew, Owl Creek and Cobb Lake Reservoirs for st e for later withdrawal and use. It will also be delivered to t New Cache la Poudre Irrigating Company and Larimer and Weld Irr ation Company canal systems at several points (either directly o fter storage) for exchange, via an internal ditch exchange, to he headgates of those ditches for further exchanges, via river ex anges, to other structures in the Cache la Poudre River basin, ncluding the District's Grey Mountain Reservoir, for direct or ter use. Water will also be delivered to an area generally we of McGrew Reservoir for recharge into the shallow aquife for later withdrawal under the augmentation plan for delivery users or further exchanges. Water can also be delivered to e pumping plant from the District's proposed Hardin Re noir through the South Platte River exchange, thus Integra ng the District's Hardin and Poudre Projects. water from the SPWCP w 1 be used as supplemental irrigation water on irrigated lands wit n the District, or will be used to irrigate previously non-irri ed lands within the District. Water can also be delivered to unicipal and other users within the Cache la Poudre River basin at any point served by the District's water delivery system. The SPWCP can also be used to recapture reusable return flows fr the Municipal Subdistrict's Windy Gap Project water and other usable sources, and deliver that water for further uses within he boundaries of the District via the exchanges described above (8 pages; 7 pages Exhibits) 92041140 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, 1250 N. Wilson Ave., POB 679, Loveland, CO 80539. (Robert V. Trout, HOBBS, TROUT 4 RALEY, 1775 Sherman St., 11300, Denver, CO 80302). Application for Approval of Plan for Augmentation, la WELD COUNTY 2. Names of structures to be augmented: SPWCP Well Batteries. No other water rights are diverted from these structures. - 3. Legal description of location of SPWCP well Batteries and proposed amounts of withdrawal: A. well Battery /1: A proposed well battery to be located in the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 22, Township 8 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado. Amount claimed for withdrawal: 40 cfs, conditional. B. Well Battery 02: A proposed well battery to be located in the Southwest Quarter of the Southwest. Quarter oC the Southwest Quarter of Section 7, Township 8 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. December, 1992 Resume Page 50 (92CW140-Continued) Amount claimed for withdrawal: 40 cfs, conditional. C. Well Battery /3: A proposed well battery to be located in the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 22, Township 8 North, Range 65 west of the 6th Principal Meridian, weld County, Colorado. Amount claimed for withdrawal: 40 cfs, conditional. D. Well Battery #4: A proposed well battery to be located in the Southeast Quarter of the Southwest Quarter of the Southwest quarter of Section 34, Township 8 North, Range 65 West Of the 6th Principal Meridian, Weld County, Colorado. Amount claimed for withdrawal: 40 cfs, conditional. 4. Water rights to be used for augmentation: Water rights for the South Platte Water Conservation Project as listed in Item No. 8 below, except I and 3, which will not be used for augmentation. 5. Proposed uses: All beneficial uses including, but not limited to: municipal; irrigation; domestic; commercial; industrial; mechanical; manufacturing; recreation; generation of electrical energy; power; fire protection; watering of parks, lawns and golf courses; piscatorial; maintenance, preservation and enhancement of wildlife and aesthetic values; and lake and reservoir evaporation. Such beneficial uses are to be accomplished by direct use, storage, exchange, augmentation, replacement and adjustment and regulation of stream flow. 6. Statement Of plan for augmentation: The District proposes to divert water from the South Platte and Cache la Poudre Rivers through the structures described in Item NO. 8 below and store the water in the shallow aquifer located in the following areas through infiltration. A. Sections 11 and 12, Township 9 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. B. Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17. 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, Township 9 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado. C. Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24,, Township 8 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado. D. Sections 18, 19, 20, 28, 29, 30, 31, 32, 33, 34, Township 9 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. R. Sections 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17. 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 33, 34, 35, Township 8 North. Range 65 West of the 6th Principal Meridian, Weld County. Colorado. December, 1992 Resume Page 51 (92O4140-Continued) The water then will be withdrawn through the SPWCP well Batteries located as described in Item No. 3 above. In effect, the District proposes to use the aquifer as a storage reservoir and will use this plan for augmentation to account for the water recharged to and withdrawn from the aquifer in order to prevent injury to other vested water rights. 7. Names and addresses of owners of land on which well batteries are located: A. Well Battery 11 Marie Jones 44811 Weld County Road 33 Pierce, Colorado 80650 B. Well Battery 12 Weld County Court House Greeley, Colorado 80631 C. Well Battery /3 Ben and Lila 3. Wacker 20200 weld County Road 92, Pierce, Colorado 80650 D. Well Battery /4 Margaret L. Elder 24901 Weld County Road 61 Kersey., Colorado 80644-9506 8. Remarks: The plan for augmentation is a component of the South Platte Water Conservation Project ("SPWCP"), an integrated project being developed by the Northers Colorado Water Conservancy District to increase the amount of water available for beneficial uses within the boundaries of the District through new appropriations of water and better management of existing water supplies. The SPWCP consists of the components listed below, for which water right applications are being filed. Most of the following components are shown on the map attached as • Exhibit 1. • A. South Platte Water Conservation Project Pumping Station Forebay Reservoir, South Platte River Intake. B. South Platte Water Conservation Project Pumping Station Forebay Reservoir, Cache la Poudre River Intake. C. South Platte water Conservation Project Pumping Station Forebay Reservoir, Ogilvy Canal Intake. • D. South Platte water Conservation ProjectPumping Station Forebay Reservoir. E. South Platte Water Conservation Project Pumping Station and Pipeline. F. SPWCP McGrew Reservoir. • C. SPWCP Owl Creek Reservoir. Decerber, 1992 Resume Page 52 (92Cw140-Continued) H. SPWCP Cobb Lake Reservoir. X. SPWCP Augmentation Plan. J. SPWCP Cache la Poudre River Exchanges. K. SPWCP South Platte River Exchange. The Project generally consists of a pumping plant and a forebay reservoir located at the confluence of the Cache la Poudre and South Platte Rivers, which will draw water from both rivers through the three intakes listed above. The pumping plant will pump water north through a pipeline to several different destinations. Water will be delivered to McGrew, Owl Creek and Cobb Lake Reservoirs for storage for later withdrawal and use. It will also be delivered to the New Cache la Poudre Irrigating Company and tanner and weld Irrigation Company canal systems at several points (either directly or after storage) for exchange, via an internal ditch exchange, to the headgates of those ditches for further exchanges, via river exchanges, to other structures in the Cache la Poudre River basin, including the District's Grey Mountain Reservoir, for direct or later use. water will also be delivered to an area generally west of McGrew Reservoir for recharge into the shallow aquifer for later withdrawal under the augmentation plan for delivery to users or further exchanges. Water can also be delivered to the pumping plaint from the District's proposed Hardin Reservoir through the South Platte River exchange, thus integrating the District's Hardin and Poudre Projects. Water from the"SPwCP will be used as supplemental irrigation water on irrigated lands within the District, or will be used to irrigate previously non-irrigated lands within the District. water can also be delivered to municipal and other users within the Cache la Poudre River basin or at any point served by the District's water delivery system. The SPWCP can also be used to recapture reusable return flows from the Municipal Subdistrict's windy Gap Project water and other reusable sources, and deliver that water for further uses within the boundaries of the District via the exchanges described above. (5 pages: Exhibit 1 page) 92CW141 HAROLD 6 SARAH J. G, 1350a Vermillion Trail, Longmont, CO 80501. Appli tion for Water Storage Right, IN BOULDER CO UNTL. Aavang P d is located in the NW1/45E1/a, 513, T3N, R69W, 6th P.M., appr ximately 150C' N of S section line. 1300' W of the E section ine. If off-channel reservoir, name and capacity of ditch or tches used to fill reservoir: Applicant owns an interest the Supply Ditch which will be used to fill the pond via a 100' eral ditch located on the subject property. The head gate is lo ted in the Supply Ditch, approximately 700' W of the inte action of the ditch and County Line Road, directly N of the sub ct property. The supply Ditch diverts from St. Vrain Creek on e N bank of the Creek in the NW1/4 of $20, T3N, R70W, 6th P. . Capacity of Supply Ditch is 92 cfs. Source: The St. Vrain ek via the Supply Ditch as well as adjacent surface and see a waters not constituting a well. Appropriation: 12/1/1989 Amount: 3 acre feet Use: Legal description of acreage i gated or to be irrigated: Approximately 1 acre of wn and shrubs adjacent to pond and residence. All areas of igable property on the downstream side of the pond. If non- igation, describe purpose fully: Duck/wildlife pond, recreatio , fish propagation and stock watering. (3 pages) '_ ,OFFICEOF BOARD OF COUNTY COMMISSIONERS 'p,^.7 I", 29 a 9: 34 PHONE(303)35&4000,EXT.4200 FAX(303)3524242 ALE ,'( P.O.SOX 758 WIO T D THE ,_;�..,D GREELEY,COLORADO 80632 COLORADO January 25, 1993 Secretary of State Department of State 1560 Broadway, Suite 200 Denver, CO 80202 Board of County Commissioners 915 Tenth Street Greeley, Co 80631 Weld County Council P.O. Box 758 Greeley, CO 80632 Dear Secretary, Board, and Council: Pursuant to C.R.S. $$ 24-18-109(3) (b) and 24-18-110, this letter constitutes disclosure of circumstances which may have the appearance of impinging on my official duty and fiduciary trust. I took office as a Weld County Commissioner on January 4, 1993. Prior to that date my wife became employed by a temporary employment service and continues in that employment. She works for a salary plus commissions on accounts she obtains and on some accounts receives a commission during the entire period of time that the temporary employee placed by the temporary employment service is used by the customer. Prior to my taking office she obtained at least one account with Weld County which does not continue to this date. My wife's commissions in her dealings with Weld County last year amounted to $5.00, based on a percentage of her employer's net. The Weld County procedure with respect to the use of temporary services is to accept quotes at a staff level from the various temporary service providers within the Weld County area for a particular position and then fill the temporary employment need based on the service which provides the lowest quoted price. There is no master contract, but rather agreements that deal with the individual placements and, because the cost to the County is small, the County procedures do not require each individual contract be n � U 09101, 43 Secretary of State Board of County Commissioners Weld County Council Page 2 January 25, 1993 approved by the Board of County Commissioners. The Board would only become involved in this process if the Board made a policy change to change the procedures for selecting temporary service providers. Otherwise, an individual Commissioner would not have the opportunity to exercise any influence on a decision to accept a service provider. I have consulted with Assistant County Attorney Lee Morrison, and he and I share the opinion that these circumstances do not constitute a conflict of interest. However, I am undertaking additional safeguards. I will refrain from taking any official action with respect to the procurement of temporary employment services, whether it relates to the service employing my wife or its potential competitors, and I will refrain from attempting to influence other Board members or members of the staff in any decision making regarding temporary services. My wife will no longer handle accounts with Weld County. Salaried clerks in the employment service, over whom she has no supervisory authority, will handle all contacts and agreements with Weld County and my wife will not receive any commissions. By this letter I am requesting the Secretary of State issue an advisory opinion. Thank you for your consideration of this matter. Sincerely, J J�CZ� Dale Hall Commissioner DH/LDM/gb:state pc Don Warden, Director of Finance and Administration Dave Worden, Director of Personnel HEARING CERTIFICATION DOCKET NO. 91-50 RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT 11537 - JAMES MCDONALD A public hearing was conducted on January 27, 1993 at 10:00 A.M., with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated August 28, 1991, and duly published August 29, 1991, in The New News, a public hearing was conducted on September 11, 1991, to consider the revocation of Special Use Permit #537 issued to James McDonald. At said hearing of September 11, 1991, the matter was continued to October 30, 1991, then to January 29. 1992, then to May 13, 1992, then to July 15, 1992, then to July 22, 1992, then to September 16, 1992, then to October 28, 1992, and then again continued to January 27, 1993 at 10:00 a.m. At said hearing of January 27, 1993, Lee Morrison, Assistant County Attorney, made this a matter of record. He said the Board made findings on September 16, 1992 to defer the penalty provision to allow James McDonald, permit holder, to amend the permit. Mr. Morrison said there is a violation, and the question pending is the penalty to be imposed at this time. Chuck Cunliffe, Planning Department representative, reiterated that at the October 28, 1992 hearing, Mr. McDonald was given an extension of time to submit an amended permit by January 20, 1993; however, there has been nothing submitted. Mr. McDonald stated their attorney is not yet present. Upon the presence of Bob Ray, Attorney representing Mr. McDonald, Mr. Cunliffe repeated the staff's summary. Mr. Ray informed the Board that the McDonalds have had a lot of expense and harassment because of this permit; therefore, they feel they are not gaining, but losing by retaining it. He said they would like to revert to the pre-existing use and go forward with their plans under the Agricultural Zoning regulations. Mr. Ray said the building permit still has not been issued for the building to house their vehicles, and he questioned the delay. Mr. Cunliffe explained that no building permits are issued until all violations on the property are resolved. Mr. Ray said the building permit was filed for prior to the violation, and the permit is allowed under Special Review Permit standards as well as Agricultural Zoning standards. Mr. Cunliffe said there has been no previous discussion concerning the building permit. The property is in violation; therefore, no permit has been issued. Commissioner Kirkmeyer noted that the violation has been in existence since August of 1991. Mr. Cunliffe also said if the building is not shown on the plan for the Special Review Permit or if there is a question about the building, the permit would not be issued. Mr. Cunliffe confirmed for Commissioner Baxter that any proposed building should be shown on the plan for the Special Review Permit. Mr. Morrison said that since there has been no amended application submitted, the Board should consider the penalty of revocation. He noted Mr. McDonald has no objection to revocation; however, he should not assume all uses are allowed under the Agricultural Zoning regulations without a Special Review Permit. Mr. Morrison said 930106 p RE: HEARING CERTIFICATION - MCDONALD PAGE 2 construction done pursuant to the Special Use Permits would be in violation if the Permit is revoked; therefore, what gets to stay would need to be resolved in court. Mr. Ray said they have not done anything which was not allowed under pre-existing and/or Agricultural Zoning regulations. Mr. Morrison clarified, on behalf of Commissioner Baxter, that certain uses require Special Review Permits to be allowed. Mr. Morrison explained that if the Permit is revoked today and McDonalds were then found in violation, the matter would go to court. There was discussion concerning the need for public testimony, and Mr. Morrison explained the Board should consider whether or not to impose penalty. After further discussion. Mr. Cunliffe reiterated that the Board has already made the determination that if no amended permit was submitted, revocation would be considered. Commissioner Hall moved to revoke Special Use Permit #537, issued to James McDonald. The motion was seconded by Commissioner Kirkmeyer, Mr. Cunliffe said an inspection will be made and the normal violation process will be followed if necessary. Mr. Morrison noted this would require court action. On a roll-call vote, the motion carried unanimously. This Certification was approved on the 1st day of February, 1993. APPROVED: ATTEST: ///G%Z BOARD OF COUNTY COMMISSIONERS CC 11//((// WEL COUNTY, COLORADO Weld C�o my Clerk to he Board By: /6.,0 /, .if t { -' Constance L. Harb rt, Chairman Deputy Clerkto the boa /c'I ( w, a Pro//-Teern TAPE #93-04 e eorge axte DOCKET #91-50 Dale . Hall PL0842 rJ4lL- Barbara J. Kirkmeye 930106 HEARING CERTIFICATION DOCKET NO. 93-06 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (BRINEWATER DISPOSAL) IN THE A (AGRICULTURAL) ZONE DISTRICT - CONQUEST OIL COMPANY A public hearing was conducted on January 27, 1993 at 10:00 A.M., with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney. Lee Morrison Planning Department representative. Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated January 11, 1993, and duly published January 14, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Conquest Oil Company for a Site Specific Development Plan and Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chuck Cunliffe, Planning Department representative, said this matter has not yet been heard by the Planning Commission, due to the lack of a quorum at its last meeting. Mr. Cunliffe said the Planning Commission will hear this matter on February 2. 1993; therefore, he recommended the matter be continued to February 10, 1993. The applicant was not represented, and there was no public testimony offered. Commissioner Webster moved to continue the request of Conquest Oil Company for a Site Specific Development Plan and Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District to February 10, 1993 at 10:00 a.m., based on staff recommendation. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 1st day of February, 1993. nAPPROVED: ATTEST:/04411.447 BOARD OF COUNTY COMMISSIONERS (� WEL COUNTY, COLORADO Weld County Cler to the Board By: 7/ ��r.� Constance L. H rbe airman Deputy Clerk to t11e:Boat'd ex � �/J---� W. H. b ter, Pro- TAPET #93-04 rge E axte DOCKET 093-06 Da K. Hall PL0897 �, Barbara J. Kirkmey RECORD OF PROCEEDINGS • MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 1, 1993 TAPE #93-04 The Board of County Commissioners of Weld County, Colorado. met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, February 1, 1993. at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Assistant Weld County Attorney. Lee Morrison Acting Clerk to the Board. Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners meeting of January 27, 1993, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Hall moved to approve the hearings conducted on January 27. 1993, as follows: 1) Show Cause Hearing, James McDonald (cont. from 10/28/92); and 2) Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District, Conquest Oil Company. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Hall seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no reports given. WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund $ 632,504.88 Handwritten warrants: Payroll Fund $ 459,197.97 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER TAX ABATEMENT PETITION FROM RICHARD L. HEIN AND AUTHORIZE CHAIRMAN TO SIGN: Warren Lasell, Assessor, explained that said petition was corrected for 1992; therefore, he recommends approval of the 1990 and 1991 abatement. Commissioner Webster moved to approve said abatement and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH DEPARTMENT AND SHERYL SILVER AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker. Health Department, presented said agreement between the Health Department and Sheryl Silver. Ms. Silver will be paid $25.00 per hour for consultant services in conjunction with the AIDS program. The term of said agreement • is November 18, 1992 through December 31, 1992. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Hall. the motion carried unanimously. CONSIDER DOCUMENTS FOR COLORADO HEALTH FACILITIES AUTHORITY, HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER) SERIES 1993, AND MEMORANDUM OF UNDERSTANDING WITH NORTH COLORADO MEDICAL CENTER, INC., REGARDING INTENT OF PARTIES AND AUTHORIZE CHAIRMAN TO SIGN: Lee Morrison gave a brief overview of the bond issue being considered. He said it is the same as previous bond issues approved through the County. However, due to the complex lease structure, a Memorandum of Understanding is included which would change the alignment of all parties in reference to financing, and eliminate the Board of Trustees from the financing loop. Don Shroever, representing Kutak, Rock, and Huie. explained that the Memorandum of Understanding will simplify any future bond issues. It will remove the Board of Trustees from the financing side, while allowing the County to maintain control over consent of any future bond issues. The difference between Option /it and Option #2 is that Option #1 would go into effect as soon as the 1985 bonds are paid off; and Option #2 would allow the Memorandum of Understanding to go into effect only if a nationally recognized bond counsel is unable to deliver an opinion that the operation of the Hospital Facilities, as presently being carried on, is not subject to the limitations contained in Amendment One. In response to Chairman Harbert, Mr. Morrison stated Option #2 allows the Board the maximum flexibility and still maintains their control over similar bond issues. He said the Board would not be precluded from the reorganization, but it is not mandated by Option #2. Commissioner Webster moved to approve the draft resolution, Option 02 of the Memorandum of Understanding, and authorize the Chairman to sign the necessary documents. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RESOLUTION RE: AUTHORIZE THE CONTINUATION OF CURRENT PRACTICES RELATING TO THE HANDLING AND DISPOSITION OF UNCLAIMED PROPERTY: Mr. Morrison explained the recent change in State law which requires the disposition of unclaimed property to be accomplished under State statutes if no local law exists. He compiled the current written procedures existing in Weld County, and created written procedures for those which were being followed but were unwritten. Mr. Morrison stated these procedures should be included in the Administrative Manual upon adoption. After discussion, Commissioner Kirkmeyer moved to approve said draft resolution. Seconded by Commissioner Hall, the motion carried unanimously. Minutes - February 1, 1993 Page 2 CONSIDER RESOLUTION RE: SETTING FORTH THE INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE HAUSER CHEMICAL RESEARCH, INC.. PROJECT: Mr. Warden reviewed the process for Industrial Development Revenue Bonds which is set out under Ordinance #69-A. He reminded the Board the bond does not become a liability of the County; however, the approval process is the vehicle used for issuing the bonds. David Dwyer. bond counsel, explained that this type of funding mechanism is not presently allowed; however, they are hoping Congress will extend the IRS funding allowance. The purpose of the draft resolution is to preserve their opportunity for this type of funding if Congress does allow it at a later date. Greg Huckabee, board member of Hauser Chemical Research, Inc., described the function of the company. He stated they have 340 employees, with 8 facilities located in the Longmont and Boulder area. They are hoping to spread into Weld County in the Del Camino area where they have a 37-acre parcel. Their plan is for a 33,000 square foot facility which will be built in two phases. In response to Commissioner Hall, Mr. Dwyer stated they will complete this project regardless of the funding source; however, Industrial Revenue Bonds are their preferred funding source. Mr. Warden stated the total of the project is $7 million. Commissioner Hall moved to approve said draft resolution. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER DIVISION ORDER TO PHIBRO ENERGY USA, INC., AND AUTHORIZE CHAIRMAN TO SIGN - Si SE} 530, T6N, R64W: Bruce Barker, Assistant County Attorney, said the percentages in said division order comport to our lease, and he recommended approval of same. Commissioner Baxter moved to approve said division order and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. FINAL READING OF ORDINANCE NO. 30-C, IN MATTER OF AMENDING WELD COUNTY ORDINANCE NO. 30 REGARDING GREELEY-WELD COUNTY AIRPORT AUTHORITY: Commissioner Webster moved to read by title only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Morrison read the title of Ordinance No. 30-C into the record. Mr. Barker stated the full text of said Ordinance was published, as amended on second reading, in both the Windsor Beacon and the Greeley Tribune. There was no public testimony given. Commissioner Hall moved to approve Ordinance No. 30-C on final reading. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE BUILDING CODE ORDINANCE - WALSH, J & M MACHINE, LYONS, AND BLODGETT: Commissioner Webster moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Louis and Elizabeth Ann Walsh, J & M Machine, Calvin and Cynthia Lyons, and Charles and Vera Blodgett for violations of the Weld County Building Code Ordinance. Commissioner Baxter seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes - February 1, 1993 Page 3 There being no further business, this meeting was adjourned at 9:30 A.M. ^ APPROVED: ATTEST: /014,4/ uet 42/ BOARD OF COUNTY COMMISSIONERS WEL11,COUNTY, COLORADO Weld County Clerk to the Board6(frajrce. --e--Orri Constance L. Harbert, Chairman By: //( 14.)4,n5� /' Deputy Clerk to the Board t W.4b5ter/o-Tem - .detio . Baxt r iDal K. Hall LG4AcQJ 4. i 111 /Barbara J. Kirkmeyex� C Minutes - February 1, 1993 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO FEBRUARY 1, 1993 TAPE #93-04 The Board of County Commissioners of Weld County. Colorado, met in regular session as the Board of Social Services in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, February 1, 1993, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Assistant Weld County Attorney, Lee Morrison Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of January 27, 1993, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the warrants for approval by the Board in the amount of $573,548.71. Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hail seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PURCHASE OF SERVICES AGREEMENT WITH WELD FOOD BANK AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated said agreement is the same as last year, to allow the distribution of cheese and butter by Weld Food Bank. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Hall. the motion carried unanimously. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at • 9:35 A.M. ma, APPROVED: ATTEST: � BOARD OF COUNTY COMMISSIONERS WEL����COUNTY, COLORADO Weld County Clerk to the Board onstance L. Harber{{ , hairman By: 4,..„, ,f4y/,,A..„..... A/m td,,,,) Deputy Clerk to the Board \ W. H. ebstero-Ten e.J ...)- A Baxter Dal K. Hall „ie /Barbara J. Kirkmeyer Minutes - February 1, 1993 Page 2 RECORD OF PROCEEDINGS AGENDA Wednesday. February 3, 1993 TAPE #93-04 ROLL CALL: Constance L. Harbert, Chairman W. H. Webster, Pro-Tem George E. Baxter Dale K. Hall Barbara J. Kirkmeyer MINUTES: Approval of minutes of February 1, 1993 ADDITIONS TO AGENDA: APPROVAL OF CONSENT AGENDA: PRESENTATIONS: 1) Government Finance Officers Association Award of Financial Reporting Achievement - Claud Hanes, Comptroller COUNTY FINANCE OFFICER: 1) Warrants BUSINESS: OLD: 1) Consider RE #1455 - Kelly (cont. from 11/30/92) NEW: 1) Consider Amendment to Option to Purchase Real Estate with The Villa at Greeley, Inc. and authorize Chairman to sign 2) Consider Agreement for Donation of Real Estate Including Land and All Improvements with Conrad E. Schuberth and authorize Chairman to sign - "Outlot C", Casa Grande Estates 3) Consider Vacation of Portion of Weld County Road 23, south of Weld County Road 18 4) Consider Resolution re: Appointing Forfeiture Committee for Weld County Sheriff's Office 5) Consider Division Order to Vessels Oil and Gas Company and authorize Chairman to sign - E} SW; 513, T2N, R66W PLANNING: 1) Consider Resolution re: Zoning Violations - Lauer SOCIAL SERVICES BOARD: ROLL CALL: Constance L. Harbert, Chairman W. H. Webster, Pro-Tem George E. Baxter Dale K. Hall Barbara J. Kirkmeyer MINUTES: Approval of minutes of February 1, 1993 WARRANTS: Don Warden, County Finance Officer CONSENT AGENDA APPOINTMENTS: Feb 3 - County Council 7:30 PM Feb 4 - Convention and Visitors Bureau Board 7:00 AM Feb 4 - Local Emergency Planning Committee 2:00 PM Feb 4 - Island Grove Park Board 3:30 PM Feb 8 - Elected Officials 10:00 AM Feb 8 - Weld Mental Health Board 7:30 PM Feb 9 - Juvenile Community Review Board 12:00 PM Feb 11 - Private Industry Council 7:30 PM Feb 11 - Area Agency on Aging 9:00 AM Feb 11 - Community Corrections Board 12:00 PM Feb 11 - Poudre River Greenway Committee 3:30 PM HEARINGS: Feb 10 - Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District, Conquest Oil Company (cont. from 01/27/93) 10:00 AM Feb 10 - Amended Special Review Permit for an agricultural service establishment (expansion of office building) in the A (Agricultural) Zone District, Monfort, Inc. , c/o Ronald J. Lambden 10:00 AM Feb 17 - Extension of Termination Date of Weed District, Prairie View Pest Control District #9 9:00 AM Feb 17 - Assessment of Costs, Weld County Road 8 Local Improvement District #1992-3 9:00 AM Feb 17 - Change of Zone from A (Agricultural) to E (Estate), Eugene L. and Pamela A. Habrock 10:00 AM Feb 17 - Create Arrowhead Subdivision Local Improvement District #1993-1 10:00 AM COMMUNICATIONS: 1) District Court Water Clerk, Water Division No. 1 re: City of Thornton PLANNING STAFF APPROVALS: 1) RE #1465 - Klein 2) RE #1471 - Hamilton 3) SE #451 - Moen 4) ZPMH #1837 - Wertz 5) MHZP #110 - Kirchenschlager RESOLUTIONS: * 1) Approve Tax Abatement Petition from Richard L. Hein * 2) Approve Purchase of Services Agreement between Health Department and Sheryl Silver * 3) Approve documents for Colorado Health Facilities Authority, Hospital Revenue Bonds (North Colorado Medical Center) Series 1993. and Memorandum of Understanding with North Colorado Medical Center, Inc. , regarding intent of parties * 4) Approve Continuation of Current Practices Relating to the Handling and Disposition of Unclaimed Property * 5) Approve Setting Forth the Intention to Issue Industrial Development Revenue Bonds for the Hauser Chemical Research, Inc. Project * 6) Approve Division Order to Phibro Energy USA. Inc. - Si SE} 530, T6N, R64W * 7) Approve Purchase of Services Agreement with Weld Food Bank * 8) Authorize County Attorney to proceed with legal action for Building Code Violations - Walsh, J & M Machine, Lyons, and Blodgett PRESENTATIONS: 1) Government Finance Officers Association Award of Financial Reporting Achievement - Claud Hanes, Comptroller * Signed this date Wednesday, February 3, 1993 �. 16:DPT• FORM'PRESCRIBED- BBrTHE PROPERTY TAX ADMINISTRATOR 4.+` FORM 920 1/65-6/90 PETITION FOR ABATEMENT OR REFUND OF TAXCS-c r.sinri co, DENVER Don.; Y L.L_ ��ru Tf ._ Petitioners:Use this side-only.- Greeley own r Colorado,.. n.7S NUSember i9 92 City To The Honorable Board of County Commissioness.o{, Weld County Gentlemen: • The petition of Richard L. Hein whose mailing address is- 6386 Weld Co Rd 23 Fort Lupton CO 80621 City or Town State LID.,Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL R 5852986 1469-01-0-00-075 1 1 67. E Pt E2NW4 8.92A respectfully requests that the taxes assessed against the above property for the years A. D. 19...-9.0.., 19 91.-.. are erroneous, illegal, or due to error in valuation for the following reasons: (Completely describe the circumstances surrounding the incorrect value or tax.) Farm land improperly defined as vacant subdivision land for assessment. The Assessor has corrected 2his;.error- for.the 1992 and future years, this petition is for the same adjustment to the 1990-91 years._p�Q 77 1990 19 91 • Value Tax : _ Value - Tax ✓��' Orig. $18,110 $1,620.54 $12,930 $1,141.38 , Abate, 171,110 11,531.06 11,800 1/041.62 Bal. S 1,000 89,48 $ 1,130 99.76 The taxes (have) (t# X/XX02) been paid. Wherefore your petitioner prays that the taxes may be abated or refunded in the sum of $ 2x572,68 E. interest. I declare, under penalty of perjury in the second degree that this petition, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, 'inforl Cation and belief is true, correct and complete. a-, �. Y. ... i!7 Richard L. ein,Petitioner . . _ By _ Agent Address 63,4X .44 fra3 ea/o. 93C114 T! ASC P c c ; fS, !0 Rion/ �... 7 RESOLUTION OF COUNTY COMMISSIONERS WHEREAS, The County Commissioners of Weld County, Stato of Colorado, at a duly and lawfully called regular meeting held on the 1st day of Ee.briaxy A.D. 19...9.3...,at which meeting there were present the following members. Chaxxman..G.oxtatance..kia>;bext,..and.-Cnmmisaiontrr..W.•.-.H...kiebaxer...Ceorg,a..E.. Baxter, Dale K. Hall, and Barbara J. KLrktQeyer..b ing.ptebent notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and said Assessor..._....Warren..Lasall,...preaent and taxpayer -_ Richard L. Hein not being present; and (naAe) (name) . WHEREAS. The said County Commissioners "have-carefully considered-the-within`applica- tion, and are fully advised in relation thereto, NOW BE IT RESOLVED, That the Board concurs with the recommendation of (conCufb or does not concur) the assessor and the petition be asp�roxoxed and an abatement/refund be..allow.ad i 7,(A pp 1 pV.7Oto{AF}ed) - 1,531.06 (be allowed or not be allowed) on an assessed valuation of$..,1,$.0Q,(-QQ.1.,2.for $.....), .1,,.4Z total tax for th year(s)•1990 & 1991 Chairman of Board of County Commissioners. STATE OF COLORADO, ) -)} ,4 t SS. �f County of Welds I, Donald D. Warden @oaszttsoRierioaoddboofficircClerk of the Board of County Commissioners in and for the County of Weld , State of Colorado, do hereby certify that the above and foregoing order is truly copied front the records of the proceedings of the Board of County Commissioners for said Weld County,now in my office. - - - IN WITNESS WHEREOF, I have hereunto set my hand and affix the seal of said County, at Greeley, Colorado this lst, ay of. ..$ t A. D. 19.•93 ... 1� 'i"" (i Clerk. BY -. puty. ACTION OF THE PROPERTY TAX ADMINISTRATOR . Denver, Colorado, .. ( 19..9 3 - :ction of the Board of County Commissioners,,relative to-the within petition, is hereby p approve.; 0 approved in part $ 0 denied for the following reason(s) ATTEST: Secretary. pert' Tax Administrator. N o I e3 0 8 ei 1' iI1LjiJi • • Ca z 1I1iiFtL es m Icy i c s o �T �j E`w T ..1 f AT1033P WELD COUNTY AS SESSOR/TREASURER DATE:11/19/92 PARCEL PROFILE TIME:10:55:21 FOR YEAR: 1992 PARCEL TYPE: R PIN: 0862906 PARCEL 1469-01-0-00-070 MH SPACE: SEQ: ADI'I:(NIS7r{ATXVE INFORMATION: HEIN RICHARD L LAST UPDATE 07/11/1988 ACTIVE ON 09/16/1986 63036 WELD CO RD 23 INACTIVE ON I'T LUPTON CO 80621 MAP$ TAX AREA 0800 LEVY .008273 LEVY YEAR 1991 ABST ACTUAL ASSESS ASSESSED DATE LAST ASSESS 04/24/1992 CODE VALUE PCT VALUE LAST ASSES LAND 12930 LAST ASSESS PLDGS TOTAL LAST ASSESS 12930 PRIOR YEAR ASSESS RECEPTION DATE 06/00/80 DEED TYPE WD NUMBER 9060 015 6730 WITH OTHER LNGALS DOC FEE 7.00 0030 44600 .2900 12930 TOT LAND 44600 12930 19760-E PT E2NW4 1 1 67 BEG NOD39'W 60' FROM SW COR OF E2NW4 N0D39'W 514.50 THENCE N89D63'E 841.50' SOD39'E 374.50' S89D03'W 282' SOD 59'E 140' 889D5 3'W 069..0' TO BEG (.38R) TOT BLDG TOTAL 44600 12930 OVERALL SUMMARY: BLDG PROF NBR TYPE OCCUPANCY RCN ACTUAL LAND C OTTER LAND 44.600 TOTAL LAND & IMPROVEMENTS 44.600 LAND INFORMATION: ATI034P WELD COUNTY ASSESSOR/TREASURER DA'IL:11/19/92 PARCEL PROFILE TIME:10:56:21 FOR YEAR: 1992 PARCEL TYPE: R PIN: 50629E16 PARCEL: 1469-01-0-00-075 MH SPACE: SEE}: LAND INFORMATION: PIN NUMBER 5062986 APPRAISAL YEAR 1992 LAST UPDATE 8E80711 SUBDIVISION 9A7012 ABSTRACT CODE LAND TYPE 0 UNITS 8.92 DESCRIPTION TWN 1-7 RANCE 67 TABLE COST PER UNIT 5.000.00 DESIRABILITY 3 VALUE METHOD A AD.1US1 MENT PERCENTS SIZE TIME LOCATION OTHER COMPOSITE 1.000 EQUALIZATION ADO PCT 1.0000 LOT SIZE SOFT MARKET VALUE 44,600.00 WIDTH BASE LAND VALUE 44.600.00 DEPTH IRr-i:oULAR(Y/N) N TABLE COST PERCENT 1.000 AVERAGED(Y/N) N CONDO PERCettr 79 1.00000 RCMARKS(Y/N) N � �•� TABLE TAP(Y/N) Y WATER/SEWER TAP FEE BXA N TOTAL LAND VALUE 44,600.00 i jr 87 ;01, FI J• .�. , tC t, c Lf ,• ,, f IS � �® �st / j ' .6 *rdp �J� � 7 1 r 16 e,, ,d r. 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F 1'1", •ry'. ;it, t. i% I� IIJ -'tYr emu+ 11,d• 21. e a llr r \{� ' 4 {II�a11^'Y ,r, � . 1 . i ak/ 1 (r31�'I It: -'h 4, I..., ''f. e T � J( 1,; .1...)01Arl I 'I��� '� 1{ p v �) �' se l•11 ;� -re 1 ��nj• IJ fill .'1 i.. � )1 I %•, • 1 t eSVP Na,:I ti r r.`♦a`7 " Ari j,I I 1 `,•e i11+�uff y.,iy.{ • VI 1i i It lk( µM L' a � _to Fe- L 1 - .� 1. )fl��tIua 9 !i /7 . Ili 1 . . 7T I c. I '1 • • CLERK TO THE BOARD it. P.O.Box 755 WilDe QREELEY•COLORADO 65632 003)3564000 EXT.4225 COLORADO January 19, 1993 Richard 6386 Weld County Road.23 Ft. Lupton, Colorado 80621 RE: SCHEDULE NUMBER R5852986 Dear Property Owner: This is to advise you that the Board of Weld County Commissioners will hear your petition for tax abatement or refund on the property described as: 1469-01-0-00- 075 1 1 67 E Pt E#Nw} 8,92A. The meeting is scheduled for Monday, February 1, 1993, at 9:00 a.m. at which time you may be heard. The Assessor is recommending that the Board APPROVE your petition. The meeting will be held in the Chambers of the Board, Weld County Centennial Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified time. If you have any questions concerning this matter, please do not hesitate to contact this office. c Inc ora: p-9.;r.. •. Donald D. Warden, Weld County Clerk to the Board By: l th Deputy Clerk o the Board XC: Assessor — W. Lasell County Attorney • -,1"1.4Q RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH DEPARTMENT AND SHERYL SILVER 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 a Purchase of Services Agreement between Weld County Health Department and Sheryl Silver, commencing November 18, 1992, and ending December 31. 1992, with the further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Purchase of Services Agreement between Weld County Health Department and Sheryl Silver 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 1st day of February, A.D., 1993, nunc pro tune November 18, 1992. I/ / cuein BOARD OF COUNTY COMMISSIONERS ATTEST: �,o+ WE ,, COUNTY, COLORADO Weld County Clerk to the Board ,. onstance L. Harbert.. Chairman • BY: / �r� .es-,4-11-4-4y -` \/ Deputy Clerk to the Board W. H. W stet, Pro- em APPROVED AS TO FORM: A Ce G orge E. axter Coun y Attorney Da K. Hall arbara J. Kirkmey r 930120 • 4-(1,00!$ Ot, kit.;.544,44.- r PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT, made and entered into this /'S# day ofaiyucemat 1993. by Weld County, Colorado, by and through the Board of County Commissioners on behalf of the Weld County Health Department, 1517 16th Avenue Court, Greeley. Colorado, 80631, hereinafter referred to as "Health Department," and Oh..y1 Silver, hereinafter referred to as "Consultant." syeRy/ WITNESSETH WHEREAS, the Health Department has been awarded Ryan White C.A.R.E. Title II funds from the Governor's AIDS Council; and WHEREAS, the Health Department desires to identify care services available for persons with HIV disease in Weld and Larimer counties; NOW THEREFORE, for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed do hereby agree to as follows: 1. HEALTH DEPARTMENT RESPONSIBILITIES: a. The Health Department will hire the services of the Consultant to help identify resources available in the community for persons with HIV disease. b. The Health Department will reimburse the Consultant at a rate of $25.00 per hour. The Health Department will reimburse the Consultant within 14 days of submission of each month's cumulative time sheets. 2. CONSULTANT RESPONSIBILITIES: a. The Consultant will identify resources available in the community for persons with HIV disease. b. The Consultant will identify providers available in the community for persons with HIV disease. c. The Consultant will turn in weekly time sheets outlining time spent in duties outlined in this contract. 3. The period of the Agreement will be from November 18, 1992 through December 31, 1992. 4. The Consultant agrees that it is an independent contractor and neither it nor its officers or employees become employees of Weld County, and therefore, are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts while performing Consultant's duties as 00120 described in this Agreement. The Consultant shall indemnify, defend and hold harmless Weld County, the Board of County Commissioners of Weld County, its officers and employees for any loss occasioned as a result of the performance of this Agreement by the Contractor, its employees, volunteers, and agents. 5. This Agreement may be amended only upon written agreement by both parties. 6. It is agreed that no person shall, on the grounds of race, color, sex, religion, age, national origin, or individual handicap, be excluded from, participation in, be denied the benefits of, or be subject to discrimination under any provision of this Agreement. 7. Responsibility for providing unemployment compensation and workers' compensation pursuant to Colorado law shall be the responsibility of Weld County for its staff only. Responsibility for providing unemployment compensation and worker's compensation pursuant to Colorado law for Contractor's staff shall be the Consultant's responsibility. 8. Weld County and the Consultant agree that this is a personal services contract and such contract is not assignable without the advance written consent of either Weld County or the Consultant. 9. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties nor their officers or employees may possess, not shall any portion of this agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 10. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 11. If any section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections subsections paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 12. This Agreement is expressly made subject to all laws and regulations of the United States and the State of Colorado. Contractual provisions required by such laws and regulations, but not having been set out herein are hereby incorporated by this reference as though expressly set out in full. All parties to this Contract are hereby put on notice, and charged with the responsibility of compliance with such contract provisions as required by law. 93012Q 13. This Agreement may be terminated upon thirty (30) days written notice. by either party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of im/ft q /� L993 . but this Agreement shall be in effect from November 18, 1992. 0 WELD COUNTY BOARD OF COMMISSIONERS CONSULTANT WELD COUNT Y, COLORADO 94{/?izier-2 ,Constance L. chairman 0,2/D3A8 82. S lver 5 MF ATTEST: We Co Q et t Board / By: _ - eputy C erk to the Boar Approved by: WELD COUNTY HEALTH DEPARTMENT as'sRandolph Gordon. M.D. . M.P.H. Director 930AI 20 +ifs mEmoRAnDum Ts5In• 404 wipe to Constance L. Harbert, Chairman Board of County Conedssioners Date January 25, 1993 COLORADO From Jeannie K. Tacker, Business Manager, Weld County Health Dept. Gti\Aw Purchase of Services Agreement with Sheryl Silver Subject: Enclosed for Board approval is a Purchase of Services Agreement between the Weld County Health Department and Sheryl Silver. Ms. Silver will provide consultant services to help identify resources available in the community for persons with HIV disease. The services provided are in conjunction with the-activities funded by the Health Department's grant received from the Governor's AID Council. Ms. Silver will be reimbursed at a rate of $25.00 per hour for the consultant services provided. The period of the agreement is from November 18, 1992 through December 31, 1992. I would recommend your approval of the agreement. If you have any questions, please feel free to contact me. r7� r. 0 O CO 7) - , x :J N _,7-C N 93012C RESOLUTION RE: A RESOLUTION WITH RESPECT TO NORTH COLORADO MEDICAL CENTER; APPROVING THE AMENDMENT TO AND CONTINUED LEASING OF CERTAIN HOSPITAL FACILITIES BY THE COLORADO HEALTH FACILITIES AUTHORITY TO THE BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER; APPROVING THE COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER) SERIES 1993 AND THE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID BONDS; PROVIDING FOR THE EXECUTION AND DELIVERY OF A MEMORANDUM OF UNDERSTANDING AND ALSO MAKING OTHER PROVISIONS IN CONNECTION WITH THE FOREGOING 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 "County") is a home rule county organized and existing under the Constitution and the laws of the State of Colorado, and WHEREAS, under the provisions of Title 25, Article 3, Part 3 of the Colorado Revised Statutes, entitled "County Hospitals, Establishment," the Board of County Commissioners (the "Board") of the County established a body corporate under the name of "Board of Trustees for Weld County General Hospital," now known as the Board of Trustees for North Colorado Medical Center (the "Hospital"), which operates the North Colorado Medical Center (the "Hospital Facilities") located on land owned by the County, and WHEREAS, the County, pursuant to Emergency Ordinance No. 75 adopted and approved by the Board on December 18, 1985 and Emergency Ordinance No. 160 adopted and approved by the Board on October 31, 1990 (collectively, the "Original Ordinances"), has previously leased certain real property (the "Land") containing the Hospital Facilities to the Colorado Health Facilities Authority (the "Authority") pursuant to a Ground Lease, dated as of December 1, 1985, between the County and the Authority, as amended and supplemented by an Agreement, dated April 27. 1988 (the "Agreement"), among the Authority, the County, Norwest Bank Denver, N.A. , as successor to United Bank of Denver National Association and IntraWest Bank of Greeley, N.A. (the "Trustee"), the Hospital and North Colorado Medical Center, Inc. (the "Corporation"), and a First Supplemental Ground Lease, dated as of November 1, 1990, between the County and the Authority with the consent of the Trustee, the Hospital and the Corporation (collectively, the "Original Ground Lease"), in connection with the issuance by the Authority of its Hospital Refunding Revenue Bonds (North Colorado Medical Center) Series 1985 (the "Series 1985 Bonds") and its Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990 (the "Series 1990 Bonds") pursuant to a Trust Indenture, dated as of December I, 1985, between the Authority and the Trustee, as amended and supplemented by a First Supplemental Trust Indenture, dated as of November 1, 1990. between the Authority and the Trustee and a Second Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee (collectively, the "Original Indenture"), and 930118 RE: NCMC(COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS PAGE 2 WHEREAS, the Authority has leased the Land and the Hospital Facilities to the Hospital pursuant to a Lease, dated as of December 1, 1985, between the Authority and the Hospital and accepted and approved by the County, as amended and supplemented by the Agreement, by a First Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County and by a Second Supplemental Lease, dated as of November 1, 1990 between the Authority and the Hospital and accepted and approved by the County (collectively, the "Original Lease"), and WHEREAS, the County has previously, pursuant to the Original Ordinances, approved the issuance of the Series 1985 Bonds, the Series 1990 Bonds and the documentation related thereto, and WHEREAS, the Hospital has sublet the Hospital Facilities to the Corporation pursuant to a Second Amended and Restated Operating Sublease, dated as of November 1, 1990 (the "Original Sublease"), and WHEREAS, the Authority has agreed to issue its Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 (the "Series 1993 Bonds") to finance the hereinafter defined Project, and WHEREAS, the Series 1993 Bonds will be insured as to the payment of principal and interest (but not premium) as such become due (other than by reason of acceleration of the payment date of principal of the Series 1993 Bonds) under a financial guaranty insurance policy issued by Municipal Bond Investors Assurance Corporation, a stock insurance corporation incorporated under the laws of the State of New York (the "Bond Insurer"), and WHEREAS, the Corporation has guaranteed the payment of the principal of, premium, if any, and interest on the Series 1985 Bonds, the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds pursuant to the terms and conditions of a Guaranty Agreement, dated as of January 15, 1993 (the "Guaranty Agreement"), between the Corporation and the Trustee, and WHEREAS, the Hospital desires that the Authority provide the Hospital with the proceeds of the Series 1993 Bonds in order to refund a portion of the Series 1990 Bonds, to fund future capital expenditures with respect to the Hospital Facilities, and to pay costs of issuing the Series 1993 Bonds (collectively, the "Project"), and WHEREAS, in connection with the issuance of the Series 1993 Bonds, the Authority and the Trustee shall be amending and supplementing the Original Indenture by a Third Supplemental Trust Indenture, dated as of January 15, 1993 (the "Third Supplemental Indenture"), the Authority and the Hospital. with the approval of the County, shall be amending and supplementing the Original Lease by a Third Supplemental Lease, dated as of January 15, 1993 (the "Third Supplemental Lease") , and the Hospital and the Corporation shall be amending, supplementing and restating the Original Sublease by a Third Amended and Restated Operating Sublease, dated as of January 15, 1993 (the "Restated Sublease"), and 930118 RE: NCMC/COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS PAGE 3 WHEREAS, PaineWebber Incorporated (the "Underwriter") has agreed to purchase the Series 1993 Bonds from the Authority pursuant to a Bond Purchase Agreement, dated as of February 4, 1993 (the "Bond Purchase Agreement"), between the Authority and the Underwriter and accepted and approved by the Hospital and the Corporation and an Indemnity Letter attached thereto as Exhibit A (the "Indemnity Letter") from the Hospital and Corporation and accepted by the Authority and the Underwriter, and WHEREAS, the Authority, the Trustee, as trustee and escrow agent, the Hospital and the Corporation will enter into an Escrow Agreement, dated as of January 15, 1993 (the "Escrow Agreement") in connection with the refunding of a portion of the Series 1990 Bonds, and WHEREAS. the County desires to approve of the issuance by the Authority of the Series 1993 Bond and the execution of the documentation in connection therewith, and WHEREAS, the County, the Hospital, the Authority, the Corporation and the Trustee have proposed entering into a Memorandum of Understanding, dated as of February 1, 1993 (the "Memorandum of Understanding"), providing that, subject to certain conditions contained therein and the failure of a nationally recognized bond counsel to deliver an opinion that the operation of the Hospital Facilities is not subject to the limitations of Amendment No. 1, upon the redemption or de£easance of the Series 1985 Bonds and upon receipt of the consent of all of the Series 1990 Bonds, the County, the Hospital, the Authority, the Corporation and the Trustee desire to amend, replace or restate the documentation executed in connection with the issuance of the Series 1990 Bonds and the Series 1993 Bonds to provide for the Corporation to be the ultimate borrower for the purpose of the repayment of the Series 1990 Bonds and the Series 1993 Bonds as more fully set forth in the Memorandum of Understanding, and WHEREAS, there has been presented to the Board at its meetings the following documents: (a) The form of the Preliminary Official Statement prepared in connection with the issuance of the Series 1993 Bonds (the "Preliminary Official Statement"); (b) The form of the Third Supplemental Indenture; (c) The form of the Third Supplemental tease; (d) The form of the Bond Purchase Agreement, including the form of the Indemnity Letter; (e) The form of the Escrow Agreement; (f) The form of the Restated Sublease; (g) The form of the Guaranty Agreement; 930118 RE: NCMC/COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS PAGE 4 (h) The form of the Memorandum of Understanding; and (i) The form of the Tax Regulatory Agreement, dated as of January 15, 1993 (the "Tax Regulatory Agreement"), among the Authority, the Trustee, the Hospital and the Corporation; and WHEREAS, in order to further promote the health and welfare of the residents of the County and the surrounding territory, it may become necessary in the future to restructure the current relationships among the County, the Hospital and the Corporation, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado as follows: Section 1. Third Supplemental Lease. The Board does hereby approve and authorize the Third Supplemental Lease between the Authority, as lessor, and the Hospital, as lessee, whereby the Hospital Facilities, and any additions thereto, will be leased by the Authority to the Hospital and with rentals payable thereunder as provided in the Third Supplemental Lease now before this meeting. which rents are payable monthly for the use of such Hospital Facilities, and additions thereto, for such month, and such Third Supplemental Lease be in substantially the form thereof now before this meeting and hereby approved or with such changes therein as shall be approved by the officers of the Hospital executing the same, with such execution to constitute conclusive evidence of their approval of any such changes or revisions therein from the form of the Third Supplemental Lease now before this meeting; and the consent contained in the Third Supplemental Lease shall be executed on behalf of the County by the Chairman or Chairman Pro-Tem of the Board, sealed with the seal of the County and attested by the Clerk to the Board in substantially the form thereof now before this meeting, and hereby approved, or with such changes therein as shall be approved by the Chairman or the Chairman Pro-Tem executing the same, with such execution to constitute conclusive evidence of their approval and this Board's approval of any such changes or revisions therein from the form of the Third Supplemental Lease now before this meeting. Section 2. Credit Enhancement of the Series 1493 Bonds. The Board does hereby approve and authorize the purchase of a municipal bond insurance policy from Municipal Bond Investors Assurance Corporation credit enhancement for the Series 1993 Bonds. Section 3. Sale of Series 1993 Bonds. The Board does hereby approve and authorize the Bond Purchase Agreement and the Indemnity Letter in connection with the original sale of the Series 1993 Bonds, and such Bond Purchase Agreement and Indemnity Letter to be in substantially the forms thereof now before this meeting and hereby approved or with such changes therein as shall be approved by the officers of the Hospital executing the same, with such execution to constitute conclusive evidence of their approval and this Board's approval of any such changes or revisions therein from the forms of the Bond Purchase Agreement and the Indemnity Letter now before this meeting. 930118 ------------ RE: NCMC/COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS PAGE 5 Section 4. Sublease of Hospital Facilities. The Board does hereby approve and authorize the Restated Sublease between the Hospital. as sublessor,, and the Corporation, as sublessee, whereby the Hospital Facilities, and the additions thereto. will be sublet by the Hospital to the Corporation and with rentals payable thereunder as provided in the Restated Sublease now before this meeting, which rents are payable monthly for the use of such Hospital Facilities, and additions thereto, for such month, and such Restated Sublease to be in substantially the form thereof now before this meeting and hereby approved or with such changes therein as shall be approved by the officers of the Hospital executing the same, with such execution to constitute conclusive evidence of their approval and this Board's approval of any such changes or revisions therein from the form of the Restated Sublease now before this meeting. Section 5. Memorandum of Understanding. The Board does hereby approve and authorize the Memorandum of Understanding in substantially the form thereof now before this meeting and hereby approved; and the Memorandum of Understanding shall be executed on behalf of the County by the Chairman or Chairman Pro-Tem of the Board, sealed with the seal of the County and attested by the Clerk to the Board in substantially the form thereof now before this meeting, and hereby approved, or with such changes therein as shall be approved by the Chairman or the Chairman Pro-Tem executing the same, with such execution to constitute conclusive evidence of their approval and this Board's approval of any such changes or revisions therein from the form of the Memorandum of Understanding now before this meeting. Section 6. Other Documents. The Board hereby approves the form of the Preliminary Official Statement. the Escrow Agreement and the Tax Regulatory Agreement presented at this meeting and approves and authorizes the issuance of the Series 1993 Bonds, the related transactions contemplated by the Preliminary Official Statement and the execution and delivery by the Hospital of the final Official Statement, the Escrow Agreement and the Tax Regulatory Agreement. Section 7. Further Action. The Board further authorizes the officers of the Board or any County Commissioner to take all action necessary or reasonably required to carry out the transactions contemplated by this Ordinance, including without limitation, the execution and delivery of closing documents necessary in connection with such transactions. Section 8. No Liability of County or Board. It is further understood and agreed that the Series 1993 Bonds to be issued by the Authority do not constitute a debt or liability of this County and that the County is not obligated to make lease payments to the Authority, and neither taxpayer funds nor any funds of the County will be used to pay the principal of, interest, or redemption premium on any of the Authority's Series 1993 Bonds. No portion of this Ordinance shall be deemed to constitute a waiver of any immunities the Board or their officers or employees may possess, nor shall any portion of this Ordinance be deemed to have created a duty of care with respect to any persons or entities not a party to the Original Ground Lease. Original Indenture, the Third Supplemental Indenture, the Original Lease, the Third Supplemental Lease, the Restated Sublease, the Escrow Agreement, the Tax Regulatory Agreement, the Bond Purchase Agreement or the Indemnity Letter. 930118 Si RE: NCNC/COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS PAGE 6 • Section 9. Public Notice. That public notice of the adoption of this resolution shall forthwith be given by the Clerk to the Board after passage. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D., 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: h II /1 :��/ / WEL COUNTY, COLORADO PlllG. /1%/.6C/24,:e227 Weld County Clerk to the Board Constnce%L. H rbert. Chairman Deputy Clerk to the.,.Board\ W. H. bster, Pro em aCeY TO FORM: ' orge1E. Ba Dale K. Hall / Barbara J. Kirkmeyer • 930118 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, dated as of February 1, 1993 (this "Memorandum of Understanding") , among Weld County, Colorado, a body politic and corporate and a political subdivision of the State of Colorado (the "County") , the Board of Trustees for North Colorado Medical Center, a body corporate, created and appointed by the Board of County Commissioners of the County pursuant to authority vested in the County by Part 3, Article 3 of Title 25, Colorado Revised Statutes (the "Hospital") , the Colorado Health Facilities Authority, a body politic and corporate and an instrumentality of the State of Colorado (the "Authority") , North Colorado Medical Center, Inc. , a Colorado nonprofit corporation (the "Corporation") and Norwest Bank Denver, N.A. , a national banking association duly organized and existing pursuant to the laws of the United States of America, as trustee under that certain Trust Indenture, dated as of December 1, 1985, between the Authority and the Trustee, as amended and supplemented by a First Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee and a Second Supplemental Trust Indenture, dated as of November 1, 1990; between the Authority and the Trustee (collectively, the "Original Indenture") , evidences the intent of the parties to take certain actions described herein. WHEREAS, the County owns certain land and hospital facilities located in the City of Greeley, Colorado and commonly known as North Colorado Medical Center (the "Hospital Facilities") , which Hospital Facilities have been leased by the County to the Authority pursuant to a Ground Lease, dated as of December 1, 1985, between the County and the Authority, as amended and supplemented by an Agreement, dated April 27, 1988 (the "Agreement") , among the Authority, the County, the Trustee, the Hospital and the Corporation, and a First Supplemental Ground Lease, dated as of November 1, 1990, between the County and the Authority with the consent of the Trustee, the Hospital and the Corporation (collectively, the `Ground Lease") ; and WHEREAS, the Authority has leased such Hospital Facilities to the Board pursuant to a Lease, dated as of December 1, 1985, between the Authority and the Hospital, as accepted and approved by the County, as amended and supplemented by the Agreement, by a First Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County and by a Second Supplemental Lease, dated as of November 1, 1990 between the Authority and the Hospital and as accepted and approved by the County (collectively, the "Original Lease") ; and NP746302-030/249 a3"U X39 WHEREAS, the Corporation has guarantied the payment of the principal of, premium, if any, and interest on the Bonds pursuant to the terms and provisions of a Guaranty Agreement, dated as of January 15, 1993 (the "Guaranty Agreement") , between the Corporation and the Trustee; and WHEREAS, the constitution of the State of Colorado has recently been amended by the addition of article X, section 20 ("Amendment No. 1") , limiting the incurrence of indebtedness by certain governmental entities subject to Amendment No. 1 and limiting the increase in the spending of such governmental entities; and WHEREAS, the operation of the Hospital Facilities is not presently subject to the limitations imposed by Amendment No. 1 since the Hospital constitutes an "enterprise, " as defined in Amendment No. 1, and the Hospital Facilities are presently operated by the Corporation, a nongovernmental entity; and WHEREAS, the County, the Hospital and the Corporation believe that the Corporation will be able to provide a higher level of medical services to the residents of the County (including charitable care) and that the Corporation will be able to provide such medical services at a lower cost to such residents if the operation of the Hospital Facilities is not in the future subject to the limitations of Amendment No. 1; and WHEREAS, the County, the Hospital and the Corporation desire to provide that the Corporation has the ability to continually access the debt market to finance necessary capital improvements and expeditures; and WHEREAS, in order for the County, the Hospital and the Corporation to more fully comply with the exemptions provided in Amendment No. 1, the County, the Hospital and the Corporation desire to provide a mechanism whereby the Corporation would lease the Hospital Facilities and become the sole obligor with respect to the Bonds. NOW, THEREFORE, in consideration of the foregoing, the County, the Hospital, the Authority, the Corporation and the Trustee agree as follows: If, upon request of the County, the Authority, the Hospital, the Corporation, the Trustee or Municipal Bond Investors Assurance Corporation, as the insurer of certain of the Bonds, a nationally recognized bond counsel firm is unable to deliver an opinion that the operation of the Hospital Facilities as presenity being conducted is not -3- WP146302-030/249 92(138 subject to the limitations contained in Amendment No. 1, then the Corporation shall immediately defease the Series 1985 Bonds (if any Series 1985 Bonds remain outstanding) , whether or not then redeemable, and upon the receipt of the consent of the registered owners of the Series 1990 Bonds, Credit Suisse and Municipal Bond Investors Assurance Corporation and the receipt of an opinion of nationally recognized bond counsel that the proposed reorganization will not adversely affect the tax-exempt status of the Bonds, the County, the Hospital, the Authority, the Corporation and the Trustee will reorganize their present relationships with respect to the Hospital Facilities and the Bonds as follows: (a) The Ground Lease, the Lease, the Sublease and the Guaranty Agreement shall be terminated. (b) Upon such termination as described in (a) above, the County shall lease the Hospital Facilities, at its option, either directly to the Corporation, to the extent permitted by law, or otherwise to the Hospital, for such rent as may be determined as the time, and if such lease is to the Hospital, the Hospital shall simultaneously sublease the Hospital Facilities to the Corporation for such rent at may be determined at the time, the term of such lease to terminate not sooner than the defeasence of all the Bonds or such later date as provided therein. Such lease or sublease to the Corporation shall include provisions requiring County consent to any issuance of debt by the Corporation, to the extent required by the County. (c) The Authority and the Corporation shall enter into a loan agreement containing substantially the same terms as the Sublease and providing for loan repayments in amounts and at times sufficient to pay debt service on the Bonds. (d) The Indenture shall be amended, supplemented and restated to reflect such a reorganization. -4- W446302-030/249 9 0:tlS IN WITNESS WHEREOF, the County, the Hospital, the Authority, the Corporation and the Trustee have evidenced their intent to comply with this Memorandum of Understanding by their execution of this Memorandum of Understanding. [SEAL] WELD COUNTY, COLORADO Attest: By ///�,ez + Chairman of the Board of • County Commissioners By ,fir^ ,� �r� Clerk to the Board [SEAL] BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER Attest: By President By Secretary [SEAL] COLORADO HEALTH FACILITIES AUTHORITY Attest : By Chairman By Executive Director [SEAL] NORTH COLORADO MEDICAL CENTER, INC. By Attest: President By Secretary -5- Wp146302-030/249 £201.13 [SEAL] NORWEST BANK DENVER, N.A. , successor in trust to UNITED BANK OF DENVER NATIONAL ASSOCIATION and INTRAWEST BANK OF GREELEY, N.A. , as Trustee Attest: By Authorized Officer By Authorized Officer • -6- WP146302-030/249 CERTIFICBTE OF THE COUNTY We, the undersigned, hereby certify that we are, respectively, the duly elected, qualified and acting Chairman of the Board of County Commissioners and the Clerk to the Board of weld County, Colorado (the "County") , and we do further certify as follows: 1. Attached hereto as Exhibit A is a true and correct copy of an excerpt of the minutes of a meeting of the Board of County Commissioners (the "Board") duly held on March 31, 1944, including the Resolution (the "Original Resolution") of the County creating the Board of Trustees for North Colorado Medical Center, previously known as the Board of Trustees for Weld County Public Hospital, and said Original Resolution has not been revoked, rescinded, modified, amended or repealed and is in full force and effect as of the date hereof. 2. Attached hereto as Exhibit B is a true and correct copy a Resolution (the 'Resolution") , which Resolution was introduced and read at a lawful regular meeting of the Board duly called, noticed and held on February 1, 1993, upon which day the Resolution was passed on its first reading by the affirmative vote of at least a majority of the Commissioners at the meeting at which it was introduced. Said Resolution has not been revoked, rescinded, modified, amended or repealed and is in full force and effect as of the date hereof. Excerpts from the Minutes of said February 1, 1993 meeting are attached hereto as Exhibit C. 3 . The County leases certain land containing hospital facilities to the Colorado Health Facilities Authority (the "Authority") pursuant to the terms and provisions of a Ground Lease, dated as of December 1, 1985, between the Authority and the County, as amended and supplemented by an Agreement, dated April 27, 1988 (the "Agreement") , among the Authority, the County, Norwest Bank Denver, N.A. (the "Trustee") , the Board of Trustees for North Colorado Medical Center (the "Hospital") and North Colorado Medical Center, Inc. (the "Corporation") and a First Supplemental Ground Lease, dated as of November 1, 1990, between the County and the Authority with the consent of the Trustee, the Hospital and the Corporation. 4 . The County hereby approves the execution and delivery by the Hospital of the Third Supplemental Lease, dated as of January 15, 1993 (the "Third Supplemental Lease") , between the Authority and the Hospital and accepted and approved by the County, amending and supplementing the wv146302-030/239 9-1501749 • -79- T Lease, dated as of December 1, 1985, between the Authority and the Hospital and approved and accepted by the County, as amended and supplemented by the Agreement, by a First Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County and by a Second Supplemental Lease, dated as of November 1, 1990 between the Authority and the Hospital and accepted and approved by the County (collectively, the "Original Lease") . 5 . The County has duly authorized the execution and delivery by the County of the Memorandum of Understanding, dated as of February 1, 1993, among the County, the Hospital, the Authority, the Corporation and the Trustee. 6 . To the best of our knowledge, no litigation or proceeding against the County is pending or to our knowledge threatened against the County in any court or administrative body contesting the due organization and valid existence of the County or of the titles of the present commissioners or officers of the County or in any contesting or affecting the validity, enforceability, due authorization or execution of the consent to the Original Lease, the consent to the Third Supplemental Lease or the Original Ground Lease . 7. The copy of the Original Ground Lease included in the transcript of which this certificate forms a part is a true and correct copy of such document. 8. The County is not currently in default under the Original Ground Lease. WITNESS our hands this 17th day of February 1993 . WELD COUNTY, COLORADO Chai7 Tian „ni/11/7 - Clerk to the Board WP146302-030/239 'IS -80- THIRD AMENDED AND RESTATED OPERATING SUBLEASE Between BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER, as Sublessor And NORTH COLORADO MEDICAL CENTER, INC. , as Sublessee. Dated as of January 15, 1993 9201 19 WP146302-030/233 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 3 ARTICLE II SUBLESSOR'S REPRESENTATIONS Section 2. 01 Leasehold Interest 4 Section 2. 02 Organization' and Powers 4 Section 2.03 Delivery of Sublease 4 Section 2. 04 Litigation 4 ARTICLE III SUBLESSEE'S REPRESENTATIONS Section 3 . 01 Organization of Sublessee; 501(c)(3) Status 5 Section 3 .02 Corporate and Legal Authority 5 Section 3.03 Accuracy of Financial Statements 5 ARTICLE IV DEMISE 6 ARTICLE V SUBLESSEE'S COVENANTS Section 5 . 01 Organization of Sublessee 6 Section 5. 02 Pledge of Gross Receipts 6 Section 5.03 Liens 6 Section 5.04 Compliance with Orders, Ordinances, Etc. 7 Section 5.05 Taxes, Charges and Assessments 7 Section 5.06 Permitted Contests 8 Section 5. 07 Use of the Hospital Facilities and Sublessee's Facilities 9 Section 5. 08 Alterations 10 Section 5. 09 Performance of Alterations, Repairs and Construction 10 WP146302-030/233 92011S Page Section 5. 10 Installation of Equipment by the Sublessee 12 Section 5. 11 Sublessor ' s Right to Perform Sublessee's Covenants; Advances 12 Section 5. 12 Rates, Charges, and Community Care . . . . 12 Section 5. 13 Financial Statements, Etc. 13 Section 5 . 14 Accreditation 15 Section 5. 15 Medicare and Blue Cross 16 Section 5. 16 Indemnity 16 Section 5. 17 Permitted Indebtedness 20 Section 5. 18 Excess Depreciation Deposits; Depreciation Reserve Fund 22 Section 5. 19 Mergers; Disposition of Assets 22 Section 5.20 Disposition and Transfer of Assets . . . . 24 Section 5.21 Release and Substitution of Hospital' Facilities 30 Section 5.22 Performance of Sublessor' s Covenants . . 32 Section 5.23 Additional Information to the Authority 32 Section 5.24 Repairs and Maintenance 33 Section 5.25 Liquidity Covenant 33 ARTICLE VI SUBLESSOR'S PERMITTED INDEBTEDNESS 33 ARTICLE VII TERM 34 ARTICLE VIII RENT 34 ARTICLE IX INSURANCE Section 9. 01 Liability, Casualty and Other Insurance 34 Section 9.02. Insurance Review 37 S2O1S -ii- WP146302-030/233 Page ARTICLE X DAMAGE, DESTRUCTION AND CONDEMNATION Section 10 . 01 Damage or Destruction for Hospital Facilities 39 Section 10.02 Condemnation or Insured Loss of Title to Hospital Facilities 40 Section 10 .03 other Provisions with Respect to Net Proceeds 42 Section 10 . 04 Damage or Destruction to Non-Hospital Facilities 42 Section 10. 05 Condemnation or Insured Loss of Title to Non-Hospital Facilities 44 ARTICLE XI LICENSURE AND GOVERNMENTAL APPROVALS Section 11 .01 Licensure 46 Section 11 .02 . Structural Requirements for Licensure 46 ARTICLE XII MORTGAGES, REFINANCING, SPECIAL ASSESSMENTS AND SUBLETTING Section 12.01 No Existing Liens or Mortgages 47 Section 12.02 Refinancing 47 Section 12. 03 Lease or Sublease of Sublessee' s Facilities 47 Section 12 .04 Asset Transfer to Sublessee 48 ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES THEREFOR Section 13 .01 Events of Default Defined 49 Section 13.02 Remedies on Default 51 Section 13 .03 Right of Re-Entry 52 Section 13 .04 Right to Sublet or Re-Let 52 Section 13.05 Damages in the Event of Termination . . . 53 Section 13 .06 Legal Proceedings 53 Section 13 .07 Receivership 53 Section 13.08 No Remedy Exclusive 53 Section 13 .09 Agreement to Pay Attorneys ' Fees . and Expenses 54 92,0 1.19 S -iii-- W➢146302-030/233 Page ARTICLE XIV NO WAIVER Section 14 . 01 Time Is of the Essence 54 Section 14.02 Delay S4 Section 14 .03 No Oral Waiver 54 Section 14 .04 No Additional Waiver Implied by One Waiver 54 Section 14 .05 Waiver of Stay or Extension Laws 54 ARTICLE XV MISCELLANEOUS Section 15. 01 Relationship of Parties 55 Section 15. 02 Rights and Remedies 55 Section 15. 03 Further Cooperation 55 Section 15. 04 Multiple Originals 55 Section 15.05 Successors and Assigns 55 Section 15. 06 Applicable Law 56 Section 15.07 Reports and Records 56 Section 15.08 Severability Provisions 56 Section 15.09 Arbitration 56 Section 15. 10 Approvals Prior to Sublease Commencement Date 56 Section 15. 11 Environmental Representations and Covenants 57 EXHIBITS A--Description of Hospital Facilities A-1 EXHIBITS B--Leased/Purchased Items 8-1 92019 -iv- wP1463o2-030/233 THIRD AMENDED AND RESTATED OPERATING SUBLEASE This Third Amended and Restated Operating Sublease, dated as of January 15, 1993 (this "Sublease" ) , by and between the BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER, a body corporate, created and appointed by the Board of County Commissioners of Weld County pursuant to authority vested in weld County by Part 3 of Article 3 of Title 25 of the Colorado Revised Statutes, as amended (the "Sublessor") , and NORTH COLORADO MEDICAL CENTER, INC. , a Colorado nonprofit corporation (the "Sublessee" ) , is intended by the parties hereto to amend and restate the Operating Sublease between the Sublessor and Sublessee, dated the 8th day of March, 1985, as amended, supplemented and restated by an Amended and Restated Operating Sublease between the Sublessor and the Sublessee, as further amended and supplemented by the Agreement dated April 27, 1988 (the "Agreement" ) , among the Sublessee, the Sublessor and the hereinafter defined Authority, County and Trustee and as further amended, supplemented and amended by a Second Amended and Restated Operating Sublease, dated as of November 1, 1990, between the Sublessor and the Sublessee (collectively, the "Original Sublease" ) . WHEREAS, the Colorado Health Facilities Authority (the "Authority") is a body politic and corporate of the State of Colorado created under the Colorado Health Facilities Authority Act, Article 25 of Title 25, Colorado Revised Statutes (the "Act"); and WHEREAS, the Authority is authorized under the Act, among other things, to issue bonds to construct, improve, equip or acquire hospitals and health care facilities; and WHEREAS, the Authority has previously issued its Hospital Refunding Revenue Bonds (North Colorado Medical Center Project) Series 1985 (the "Series 1985 Bonds") in the aggregate principal amount of $15,900,000 and its Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990 (the "Series 1990 Bonds" ) in the aggregate principal amount of $63,010,000 pursuant to a Trust Indenture, dated as of December 1, 1985, between the Authority and Norwest Bank Denver, N.A. , successor in trust to United Bank of Denver National Association and IntraWest Bank of Greeley, N.A. , as Trustee (the "Trustee") , as amended and supplemented by a First Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee and a Second Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee (collectively, the "Original Indenture") ; and nine WP146302-030/233 WHEREAS, Weld County, Colorado (the "County") has previously leased certain land and hospital facilities located thereon to the Authority pursuant to a Ground Lease, dated as of December 1, 1985, between the County and the Authority as amended and supplemented by the Agreement and the First Supplemental Ground Lease, dated as of November 1, 1990, between the County and the Authority (collectively, the "Ground Lease") ; and WHEREAS, in connection with the Series 1985 Bonds and the Series 1990 Bonds, the Sublessor and the Sublessee previously entered into the Original Sublease; and WHEREAS, the Original Indenture provides that the Authority may issue Additional Bonds (as defined in the Original Indenture) to refund any series of outstanding Bonds in accordance with the Original Indenture, to finance any improvements constituting "health care facilities" within the meaning of the Act to the Hospital Facilities and located on the Land, each as defined in the Original Indenture, as amended, and to obtain funds for any other purposes permitted under the Act upon complying with certain provisions of the Original Indenture; and WHEREAS, the Authority has determined that in order to crossover refund the Series 1990 Bonds, to replace and renovate portions of the Hospital Facilities, to fund a reserve fund and to pay costs of issuance, the Authority will issue its Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 in the aggregate principal amount of $63,875, 000 (the "Series 1993 Bonds" ) ; and WHEREAS, the Authority and the Trustee have entered into a Third Supplemental Trust Indenture, dated as of January 15, 1993 (the "Third Supplemental Indenture") , amending and supplementing the Original Indenture, to provide for the issuance of the Series 1993 Bonds (the Original Indenture, the Third Supplemental Indenture and any amendments or supplements thereto are collectively referred to herein as the "Indenture" ) ; and WHEREAS, the Authority and the Sublessor, with the approval of Weld County, Colorado (the "County") have heretofore entered into a Lease, dated as of December I, 1985, as amended and supplemented by the Agreement and the First Supplemental Lease, dated as of November 1, 1990, the second Supplemental Lease, dated as of November 1, 1990, and the Third Supplemental Lease, dated as of January 15, 1993, each between the Authority and the Sublessor, as accepted and approved by the county (collectively, the "Lease") leasing the Land and the Hospital Facilities to the Sublessor; and -2- WP146302-030/233 • WHEREAS, the Sublessor and the Sublessee desire to supplement, amend and restate the Original Sublease by this Third Amended and Restated Sublease to provide for additional payments and covenants to secure the Series 1993 Bonds being issued as Additional Bonds (the Series 1985 Bonds, the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds are collectively referred to herein as the "Bonds") ; and WHEREAS, the Corporation has guaranteed the payment of the principal of, previous if any, and interest on the Series 1985 Bonds, the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds pursuant to the terms and conditions of a Guaranty Agreement, dated as of January 15, 1993 (the Guaranty Agreement) . between the Corporation and the Trustee. NOW, THEREFORE, THIS THIRD RESTATED AND AMENDED SUBLEASE, WITNESSETH: ARTICLE I DEFINITIONS All capitalized terms used in this Sublease and not defined herein shall have the meanings assigned to them in the Indenture, including without limitation the Third Supplemental Indenture. In addition, the following terms shall have the following meanings herein. "Gross Receipts" shall mean all receipts, revenues, income and other moneys (except as hereinafter provided) received by or on behalf of the Sublessee from the operations of the Sublessee' s Facilities, excluding gifts, grants, bequests, donations and contributions to the Sublessee designated for a specific purpose inconsistent with the payment of the Bonds. "Sublease" shall mean this Third Amended and Restated Operating Sublease. "Sublease Commencement Date" shall mean the date of original execution and delivery of this Sublease. "Sublessee" shall mean North Colorado Medical Center, Inc. , a Colorado nonprofit corporation. "Sublessee' s Facilities" shall mean the health care building and structures, including the Hospital Facilities, owned or leased and operated by the Sublessee. -3- wP146302-030/233 9301..! p "sublessor" shall mean the Board of Trustees for North Colorado Medical Center, a body corporate, created and appointed by the Board of County Commissioners of Weld County pursuant to authority vested in Weld County by Part 3 of Article 3 of Title 25 of the Colorado Revised Statutes, as amended. "Utilities" shall mean water, electricity, gas, sewer, telephone and all other utilities which shall be used in or on the Hospital Facilities during the term of this Sublease. ARTICLE II SUBLESSOR'S REPRESENTATIONS Section 2. 01. Leasehold Interest. Sublessor has, prior to the demise referred to in Article IV, a leasehold interest in the Hospital Facilities and under such leasehold interest has the right to sublease the Hospital Facilities to Sublessee as contemplated in this Sublease. Section 2. 02. Organization and Powers. The Sublessor is a body corporate created and operating under the County Hospitals Law whose Board of Trustees has been validly appointed by the County, is authorized and has all necessary powers to enter into the transactions contemplated by this Sublease and to carry out its obligations hereunder, and has been duly authorized by the Board of Trustees and approved by the County to execute and deliver this Sublease. This Sublease is a legal, valid and binding obligation of Sublessor and is enforceable in accordance with its terms. Section 2.03. Delivery of Sublease. The execution and delivery of this Sublease, the consummation of the transactions contemplated hereby, and the fulfillment of the terms and conditions hereof do not and will not violate and will not conflict with or result in a breach of any of the terms or conditions of any restriction or of any agreement or instrument to which the Sublessor is now a party, and do not and will not constitute a default under any of the foregoing, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the Hospital Facilities except for Permitted Encumbrances. Section 2. 04. Litigation. Sublessor knows of no suit, action or other proceeding which is pending or threatened before any court or other governmental agency in which it is sought to restrain or prohibit the consummation of the transaction herein provided for, or which as of the date of execution of this Sublease would encumber the Hospital Facilities. Q^1 A7 -4- . . Q .. WP746302-030/233 ARTICLE III SUBLESSEE'S REPRESENTATIONS section 3 . 01. Organization of Sublessee; 501(c) (3) Status . Sublessee is a Colorado nonprofit corporation in good standing with the State and is an organization described in Section 501(c) (3) of the Code and is not a "private foundation" as defined in Section 509(a) of the Code, has received a letter from the Internal Revenue Service to that effect and such letter has not been modified, limited or revoked. The Sublessee is in compliance with the terms, conditions, and limitations, if any, contained in such letter and the facts and circumstances which form the basis of such letter as represented to the Internal Revenue Service continue substantially to exist. The Sublessee is exempt from federal taxation under Section 501(a) and Section 501(c)(3) of the Code and the Sublessee agrees that it shall not perform any acts or enter into any agreements which shall adversely affect such federal income tax status nor shall it carry on or permit to be carried on in its hospital facilities or permit such facilities to be used in or for any trade or business if such activity would adversely affect the exemption of interest on any of the Bonds from federal income taxation or if such activity would adversely affect the federal income tax status under Section 501(c) (3) of the Code of the Sublessee. The proceeds of the Bonds will not be used for any purpose which could give rise to any unrelated business taxable income to the Sublessee. Section 3 . 02. Corporate and Legal Authority. Sublessee has the power and authority to consummate the transactions contemplated by this Sublease and has by proper proceedings duly authorized this Sublease and the consummation of all transactions contemplated herein and shall not be in violation of its Articles of Incorporation or Bylaws. This Sublease is a legal, valid and binding obligation of Sublessee and is enforceable in accordance with its terms. Section 3 .03. Accuracy of Financial Statements. The audit reports of the Sublessee for each of the fiscal years ended December 31, 1989, 1990 and 1991, including a balance sheet as of each of such dates and a statement of revenues and expenses for each of such fiscal years, all prepared and certified by Arthur Andersen & Company accountants, and heretofore delivered to the Authority, correctly represent the financial condition of the Sublessee as of such dates, and the results of operations of the Sublessee for each of such fiscal years, all in accordance with generally accepted accounting principles consistently applied, and there has -5- Ono, s oo WP146302-030/233 °� =•.�J been no material adverse change in the condition, financial or otherwise, of the Sublessee since December 31, 1991 from that set forth in said balance sheet as of December 31, 1991 . The financial statements referred to in this section do not, nor does the Lease or the Guaranty Agreement, or any written statement furnished by the Sublessor or the Sublessee to the Authority, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. There is no fact which the Sublessee has not disclosed to the Authority in writing which materially affects adversely or, so far as the Sublessee can now foresee, will materially affect adversely the financial condition of the Sublessor or the Sublessee or their abilities to operate the Hospital Facilities or to perform their obligations under this Sublease or under the Lease. ARTICLE IV DEMISE Sublessor hereby subleases the Hospital Facilities to Sublessee, and Sublessee hereby subleases the same from Sublessor, upon the terms and conditions contained in this Sublease, the Lease and the Indenture. Should there arise any conflict or inconsistency between the terms of this Sublease and either the Lease or Indenture then the terms of the Lease or Indenture shall prevail. ARTICLE V SUBLESSEE'S COVENANTS Section 5. 01 . Organization of Sublessee. Sublessee, during the term of this Sublease, will maintain its status as a Colorado nonprofit corporation and as an organization exempt from taxation under Section 501(c)(3) of the Code. Section 5. 02. Pledge of Gross Receipts . As security for payment of the rentals and other amounts required by this Sublease to be paid by the Sublessee, the Sublessee hereby pledges its entire Gross Receipts to the Sublessor and consents to the assignment thereof by the Sublessor to the Authority in accordance with the terms of the Lease and by the Authority to the Trustee in accordance with the Indenture. Section 5. 03. Liens. Subject to the provisions of Section 5 . 06 hereof relating to permitted contests and Section 5 . 12 hereof relating to financial statements, the -6- wai46302-030/233 Cw0 n Sublessee will not, except as permitted in Section 12. 02 hereof, create or permit to be created or remain and will, at its cost and expense, promptly discharge all liens, encumbrances and charges on revenues from the Hospital Facilities or any part thereof other than the Indenture itself and the Permitted Encumbrances as defined in Article I of the Indenture. Section 5 . 04 . Compliance with Orders, Ordinances( Etc. Subject to the provisions of Section 5. 06 hereof relating to permitted contests, the Sublessee will, at its sole cost and expense, promptly comply with all present and future laws, ordinances, orders, decrees, rules, regulations and requirements of every duly constituted governmental authority, commission and court and the officers thereof which may be applicable, taking into account all exceptions and grandfathering provisions, to the Sublessee or to the Sublessee' s obligations under the terms of this Sublease regarding the Sublessee' s Facilities or any part thereof or any of the streets, alleys, passageways, sidewalks, curbs, gutters, vaults and vault spaces adjoining the Sublessee' s Facilities or any part thereof or to the use or manner of use, occupancy or condition of the Sublessee's Facilities or any part thereof. Section 5.05. Taxes, Charges and Assessments. The Sublessee covenants and agrees, subject to the provisions of Section 5. 06 hereof relating to permitted contests, to pay, or cause to be paid, out of Gross Receipts: (a) all taxes and charges on account of the use, occupancy or operation of the Sublessee's Facilities, including but not limited to all sales, use, occupation, real and personal property taxes, if any, all permit and inspection fees, occupation and license fees and all water, gas, electric light, power or other utility charges assessed or charged on or against the Sublessee' s Facilities or on account of the use or occupancy thereof or the activities conducted thereon or therein; and (b) all taxes, assessments and impositions, general and special, ordinary and extraordinary, of every name and kind, which shall be taxed, levied, imposed or assessed during the term of this Sublease upon all or any part of the Sublessee's Facilities, or the interest of the Sublessor, the Authority and of the County or any of them in and to the Sublessee' s Facilities, or upon the Sublessor' s and the Sublessee' s interest, or the interest of either of them, in this Sublease or the rentals payable hereunder. -7- WP146302-030/233 Q,V^ g If under applicable law any such tax, charge, fee, rate, imposition or assessment may at the option of the taxpayer be paid in installments, the Sublessee may exercise such option. The Sublessee covenants and agrees that it will, at its own cost and expense, obtain exemption to all taxes and other charges referred to in this Section to the extent permitted under applicable law. As between the parties hereto, the Sublessee shall have the duty of making and filing all statements or reports which may be required under applicable law in connection with any such tax, charge, fee, rate, imposition or assessment and the Sublessor agrees promptly to forward to the Sublessee any and all notices of or bills in connection with any such charge, fee, rate, imposition or assessment which is received by the Sublessor . The Sublessor hereby grants to the Sublessee the right to use the name of the Sublessor, to the extent the use of the name of the Sublessor is permitted by or necessary under applicable law, in connection with any contest of the amount or validity of any tax, charge, fee, rate, imposition or assessment. If the provisions of any law, rule or regulation at the time in effect shall require such statements or reports to be executed and filed by the Sublessor or such proceedings to be brought by the Sublessor, the Sublessor shall at the request and expense of the Sublessee execute and file such statements or reports or, as the case may be, shall join in such proceedings, but the Sublessor shall not be subject to any liability for the payment of any costs or expenses in connection therewith and the Sublessee covenants to indemnify and save the Sublessor harmless from such liability, costs and expenses. Sublessee covenants and agrees that all statements, reports and other documents prepared for execution by the Sublessor solely or by the Sublessor jointly with Sublessee shall be true, accurate and complete. Nothing contained herein shall be deemed to constitute an admission by either the Sublessor or the Sublessee to any third party other than the Authority and the Trustee that either the Sublessor or the Sublessee is liable for any tax, charge, fee, rate, imposition or assessment. Section 5 . 06. Permitted Contests. The Sublessee shall not be required to pay any tax, charge, assessment or imposition referred to in Section 5.05 hereof, or to remove any lien, charge or encumbrance required to be removed under Section 5 . 03 hereof, or to comply with any law, ordinance, rule, order, regulation or requirement referred to in Section 5. 04 hereof, so long as the Sublessee shall contest, in good faith and at its cost and expense, in its own name -8- WP146302-030/233 92Q^.t 9 and behalf or in the name and behalf of the Sublessor or the Authority, the amount or validity thereof, in an appropriate manner or by appropriate proceedings which shall operated during the pendency thereof to prevent the collection of or other realization upon the tax, assessment, levy, fee, rent, charge, lien or encumbrance so contested, and the sale, forfeiture, or loss of the Sublessee' s Facilities or any part thereof, or of the rent or any portion thereof, to satisfy the same; provided, that no such contest shall subject the Authority or the Trustee to the risk of any liability. While any such matters are pending, the Sublessor shall not pay, remove or cause to be discharged the tax, assessment, levy, fee, rent, charge, lien or encumbrance being contested unless the Sublessee agrees to settle such contest. Each such contest shall be promptly prosecuted to final conclusion (subject to the right of the Sublessee to settle any such contest) , and in any event the Sublessee will save the Sublessor, the Authority and the Trustee harmless against all losses, judgments, decrees and costs (including attorneys ' fees and expenses in connection therewith) and will, promptly after the final determination of such contest or settlement, thereof, pay and discharge the amounts which shall be levied, assessed or imposed or determined to be payable therein, together with all penalties, fines, interests, costs and expenses thereon or in connection therewith. The Sublessee shall give the Sublessor and the Authority prompt written notice of any such contest and the Sublessor agrees to cooperate with the Sublessee, at the Sublessee' s cost and expense, in any such contest. Section 5. 07. Use of the Hospital Facilities and Sublessee' s Facilities. The Sublessee will use the Hospital Facilities only as and for a "health facility" as defined in the Act. The Sublessee will not use the Hospital Facilities or any part thereof financed with the proceeds of tax-exempt bonds for sectarian instruction or primarily as a place of religious worship or as a facility used primarily in connection with any part of the program of a school or department of divinity for any religious denomination or the training of ministers, priests, rabbis or other similar persons in the field of religion. The Sublessee further agrees that it will not use the Sublessee's Facilities or suffer or permit the Sublessee' s Facilities to be used in unrelated trade or business as defined in Section 513(a) of the Code to an extent which would adversely affect the exclusion of interest on the Bonds from gross income for federal tax law purposes. The Sublessee further agrees that it will not use the Sublessee' s Facilities or suffer or permit the Sublessee' s Facilities to -9- WPI46302-030/233 9,,,10,E 4 S ,w ^ be used by any person or in any manner if such action or omission (i) would adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes under the Code, ( ii) would cause interest on the Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b) (2) of the Code except to the extent such interest is required to be included in the adjusted net book income and adjusted current earnings adjustments applicable to corporations under Section 56 of the Code in calculating corporate alternative minimum taxable income, (iii) would subject the Authority to any penalties under Section 148 of the Code or (iv) would cause interest on the Bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the Bonds until the date on which all obligations of the Sublessee in fulfilling the above covenant under the Code and Colorado law have been met. Section 5 . 08. Alterations . The Sublessee shall have the right from time to time at its sole cost and expense to make additions, alternations and changes (hereinafter collectively referred to as "alterations") in or to the Sublessee's Facilities, including without limitation, the Hospital Facilities, subject, however, in all cases to the following conditions : (a) no alternation of any kind shall be made which would result in a violation of the provisions of Section 5 . 07 or 11 .02 hereof; (b) no building or buildings constituting a part of the Sublessee' s Facilities shall be demolished or removed nor shall any alteration to the Sublessee's Facilities be made which would substantially impair the structural strength, utility or market value thereof, or which would cause the Hospital Facilities to cease to be a "health facility" within the meaning of the Act; without in each case the prior written consent of the Sublessor; and (c) all alterations to the Hospital Facilities shall be located wholly within the boundary lines of the Land and shall become a part of the Hospital Facilities. Section 5.09. Performance of Alterations, Repairs and Construction. With respect to any repairs, construction, restoration, replacement or alterations performed upon the Sublessee' s Facilities, including without limitation, the -10- wP746302-030/233 9213t1.5 Hospital Facilities, by the Sublessee during the term hereof, in accordance with or as required by any provisions of this Sublease, the Sublessee agrees that: (a) no work in connection therewith shall be undertaken until the Sublessee shall have procured and paid for, so far as the same may be required, from time to time, all municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction, and the Sublessor agrees to join in the application for such permits or authorizations whenever such action is necessary; (b) all work in connection therewith shall be done promptly and in good workmanlike manner and in compliance with the building and zoning laws of the municipality or other governmental subdivision wherein the Sublessee' s Facilities are situated, and with all laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments and the appropriate departments, commissions, boards and officers thereof, and shall not violate the provisions of any policy of insurance covering the Sublessee' s Facilities, and the work shall be prosecuted with reasonable dispatch, unavoidable delays excepted; and (c) worker's compensation insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against the Authority, the County, the Sublessor, the Sublessee or the Sublessee' s Facilities, and general liability insurance (specifically covering this class of risk) for the mutual benefit of the Sublessor, the Authority and the Sublessee in such amounts as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure and as otherwise required or permitted by applicable law. The general liability insurance provided for in this paragraph may be effect by an appropriate endorsement, if obtainable, upon the insurance referred to in Article IX hereof. All such insurance shall be effected with financially sound and reputable insurance companies qualified to do business in the State, and upon the Sublessor' s or the Authority' s written request, the Sublessee shall deliver to the Sublessor or the Authority all policies or certificates therefor issued by the respective insurers endorsed "Premium Paid" by the company or agencies • -11 Q'1n wA 9 VIP746302-030/233 issuing the same or with other evidence of payment of the premiums satisfactory to the Sublessor and the Authority. Section 5. 10 . Installation of Equipment by the Sublessee. The Sublessee may from time to time in its sole discretion and at its own cost and expense, install or place other equipment and tangible personal property in the Sublessee' s Facilities so that the Sublessee' s Facilities may be operated in a safe, and efficient manner. The Sublessee may remove such equipment and tangible personal property at any time at its own cost and expense, whether or not the same shall have been affixed or annexed to the Sublessee' s Facilities, but any damage caused to the Sublessee' s Facilities by any such removal shall be restored at the sole cost and expense of the Sublessee. Section 5. 11 . Sublessor 's Right to Perform Sublessee' s Covenants) Advances. In the event the Sublessee shall fail to (i) pay any tax, charge, assessment or imposition pursuant to Section 5. 05 hereof, (ii) remove any lien, encumbrance, or charge pursuant to Section 5. 03 hereof, (iii) maintain the Sublessee' s Facilities in repair pursuant to Section 6. 01 hereof, (iv) procure the insurance required by Article Ix hereof, or (v) fail to make any other payment (other than rent as required in Article VIII) or perform any other act required to be performed hereunder, then and in each such case the Sublessor, the Authority or the Trustee may (but shall not be obligated to) remedy such event of default for the account of the Sublessee and make advances for that purpose. No such performance or advance shall operate to release the Sublessee from any such default and any sums so advanced by the Sublessor, the Authority, or the Trustee, on demand and shall bear interest at the prime rate of the Trustee per annum from the date of the advance until repaid. The Sublessor, the Authority, or the Trustee shall have the right of entry on the Sublessee's Facilities or any portion thereof in order to effectuate the purposes of this Section. Section 5 . 12. Rates, Charges, and Community Care. The sublessee covenants and agrees to operate the Hospital Facilities as a revenue producing "health facility" as defined in the Act on a non-discriminatory basis, to charge fees and rates for its facilities and services, to exercise such skill and diligence as to provide revenues from the operation of the Sublessee' s Facilities, including without limitation, the Hospital Facilities sufficient to pay promptly the expenses of operation, maintenance and repair of the Sublessee' s Facilities including without limitation, the Hospital Facilities assumed by Sublessee under the terms of -12- -146302-030/233 Q 0'* - r this Sublease and all rent due and to provide all payments required to be made by Sublessee under this Sublease, and, to the extent of its financial ability to do so, provide health care services to the residents of Weld County, regardless of their ability to pay for such services. The Sublessee further covenants and agrees that it will, so long as the Bonds are outstanding, from time to time as often as necessary revise the rates, fees and charges in such manner as may be necessary or proper to comply with the provisions of this section and with the provisions of Section 6. 11 of the Lease. Nothing in this section shall be construed to prohibit the Sublessee, in its sole discretion, from furnishing a community service and providing, without charge or at reduced rates, a reasonable volume of services to persons unable to pay therefor. The parties hereto recognize that (a) the method or ' methods by which hospitals are paid for services may continue to change from time to time while this Sublease is in effect (e.g. , third-party reimbursements or payments, required or accepted methods for structuring fees, rentals, rates and other charges, private and governmental insurance programs, federal and state regulatory laws and regulations) and (b) other developments not now foreseeable may occur and substantially affect the financing and delivery of health care services. A Hospital Consultant may be retained by the Sublessee pursuant to this section and may recommend (with respect to the fees, rentals, rates or other charges in the operations of or the services rendered by the Sublessee) that either (a) the Sublessee make no change, or (b) make some change even though such recommendation may only be made if the Hospital Consultant includes in his written report and recommends a statement that, in his opinion, compliance with such recommendations will result in compliance with the provisions of Section 6. 11 of the Lease to the maximum extent feasible. The Sublessee will not be deemed in default under this section if the Sublessee follows the recommendations of the Hospital Consultant and the payments made by the Sublessee under this Sublease are greater than 100% of the debt service on the Bonds . • Section 5. 13. Financial Statements, Etc. The Sublessee will keep proper books of record and account in which full, true and correct entries will be made of all dealings or transactions of or in relation to the business and affairs of the Sublessee, in accordance with generally accepted principals of accounting consistently applied, and will furnish to the Sublessor, the Authority, the Bond Insurer and the Trustee: -13- WP146302-030/233 p (a) within 45 days after the expiration of each of the first three quarterly fiscal periods of each fiscal year of the Sublessee, a statement of general fund revenues, expenditures and transfers of the Sublessee during such period, all in reasonable detail and certified, subject to year-end adjustments, by the Treasurer or another authorized financial officer of the Sublessee; (b) within 120 days after the last day of each fiscal year of the Hospital, a complete audit report certified by an Accountant or firm of Accountants selected by the Sublessee and satisfactory to the Sublessor and the Authority covering the operations of the Sublessee for such fiscal year and containing a balance sheet as of the end of such fiscal year and a statement of changes in fund balances and a statement of revenues and expenditures for such fiscal year, showing in each case in comparative form the figures for the preceding fiscal year, together with a separate written statement of the accountants preparing such report that such accountants, during the normal scope of their audit, have obtained no knowledge of any default by the County, the Sublessor or the Sublessee in the fulfillment of any terms, covenants, provisions or conditions of this Sublease, or if such accountants, during the normal scope of their audit, shall have obtained knowledge of any such default or defaults, they shall disclose in such statement the default of defaults and the nature thereof, but such accountants shall not be liable directly or indirectly to anyone for failure to obtain knowledge of any default; (c) Within 120 days after the last day of each fiscal year of the Sublessee a certificate of the Sublessee signed by its President or vice President or other authorized officer of the Sublessee, stating that the Sublessee has made a review of its activities during the preceding fiscal year for the purpose of determining whether or not the Sublessee has complied with all of the terms, provisions and conditions of this Sublease and that the Sublessee has kept, observed, performed and fulfilled each and every covenant, provision and condition of this Sublease to be performed on its part and is not in default in the performance or observance of any of the terms, covenants, provisions or conditions hereof, or if the Sublessee shall be in default such certificate shall specify all such defaults and the nature thereof; and -14- WP146302-030/233 w Orly t g (d) Such additional information as the Sublessor, the Authority or the Trustee may reasonably request and upon reasonable notice concerning the Sublessee in order to enable the sublessor, the Authority or the Trustee to determine whether covenants, terms, and provisions of this Sublease have been complied with by the Sublessee and for that purpose all pertinent books, documents and vouchers relating to its business, affairs and properties of the Sublessee shall at all times during regular business hours be open to the inspection of such accountant or other agent (who may make copies of all or any part thereof) as shall from time to time be designated and compensated by the Sublessor, the Authority or the Trustee. The Sublessor, so long as the Bonds are outstanding, will furnish a copy of the said financial statements described in paragraph (b) hereof directly to: Moody' s Investors Service 99 Church Street New York, New York 10007 Standard & Poor 's Corporation 25 Broadway New York, New York 10004 Without limiting the foregoing the Sublessee will permit the Sublessor, the Authority or the Trustee to visit and inspect the Sublessee's Facilities and to discuss the affairs, finances and accounts of the Sublessee with its and their officers and independent accountants, at such reasonable times and upon reasonable notice and as often as the Authority or the Trustee may reasonably desire. Section 5. 14. Accreditation. The Sublessee warrants that Sublessee is accredited by the Joint Commission of Accreditation of Healthcare Organizations and the Sublessee covenants that it will use its best efforts (so long as it is in the best interest of the Sublessee as determined a Hospital Consultant) to maintain such accreditation by the Joint Commission or its successors. The Sublessee shall send to the Trustee, the Bond Insurer and the Authority a true copy of the accreditation letter or in lieu thereof immediately upon failure to obtain accreditation after eligibility therefor or any subsequent loss of accreditation, a statement by the Sublessee that the Sublessee is no longer accredited. Such statement shall set forth the reasons given by the accrediting body for non-accreditation. -15- WP146302-030/233 9201 9 Section 5. 15. Medicare. The Sublessee shall (so long as it is in the best interest of the Sublessee as determined by a Hospital Consultant) establish and maintain the Sublessee's status as a provider of health care services for reimbursement under the Medicare and equivalent insurance programs, including future federal programs. Section 5. 16. Indemnity. Subject to applicable law, the Sublessee will pay, and will protect, indemnify and save the Authority and its current and former members, employees, directors, officers and agents to the extent such individuals are acting in their official capacity, and the Sublessor and the Trustee harmless from and against all liabilities, losses, damages, costs and expenses (including attorneys ' fees and expenses of the Authority, the Sublessor and the Trustee) , causes of action, suits, claims, demands and judgments of any nature, other than the willful misconduct or gross negligence of any indemnified party, arising from: (a) any injury to or death of any person or damage to the property in or upon the Sublessee's Facilities, including without limitation, the Hospital Facilities, or growing out of or connected with the use, non-use, condition or occupancy of the Sublessee' s Facilities, including without limitation, the Hospital Facilities or a part thereof; any repairs, construction or alterations and remodeling thereto or the condition of the Sublessee' s Facilities, including without limitation, the Hospital Facilities including adjoining sidewalks, streets or alley and any equipment or facilities at any time located on the Sublessee's Facilities, including without limitation, the Hospital Facilities or used in connection therewith; (b) violation of any agreement, warranty, covenant or condition of this Sublease; (c) violation of any contract, agreement or restriction on or by the Sublessee relating to the Sublessee' s Facilities, including without limitation, the Hospital Facilities; (d) violation of any law, ordinance, regulation or court order affecting the Sublessee's Facilities, including without limitation, the Hospital Facilities or a part thereof or the ownership, occupancy or use thereof; (e) failure of the Hospital or the Corporation or the County to comply with the provisions of Section 11. 09 of the Lease; and -16- WP146302-030/233 /� p J2Qn1S (f) any statement or information concerning the Sublessee, its officers or the Sublessee' s Facilities, including without limitation, the Hospital Facilities, contained in the preliminary or final official statements or prospectus furnished to purchasers of the Bonds, that is untrue or incorrect in any material respect, and any omission from such official statement of prospectus of any statement or information which should be contained therein for the purpose for which the same is to be used or which is necessary to make the statements therein concerning the Sublessee, its officers or the Sublessee 's Facilities, including without limitation, the Hospital Facilities not misleading in any material respect, provided that: (i) the preliminary or final official statement is approved in writing by the Sublessee; ( ii) in the event of settlement of any litigation commenced or threatened, arising from a claim based upon any such untrue statement or omission, such indemnity shall be limited to the aggregate amount paid under the settlement effected with the written consent of the Sublessee including but not limited to the Authority' s costs and reasonable attorneys ' fees; (iii) such indemnity shall extend to each person, if any, who "controls" the Authority, as that term is defined in Section 15 of the Securities Act of 1933, as amended; ( iv) the Authority shall promptly notify the Sublessee in writing of any claim or action brought against the Authority or any controlling person as aforesaid, in respect of which indemnity may be sought against the Sublessee, setting forth the particulars of such claim or action, and the Sublessee will assume the defense thereof, including the employment of counsel satisfactory to the Authority and the payment of all expenses; and (v) The Authority or any such controlling person may employ separate counsel in any such action and participate in the defense thereof, and the fees and expenses of such counsel shall be payable by the Sublessee. The Corporation agrees to protect and defend the Authority, the State of Colorado, agencies of the State of -17- WP146302-030/233 9:12QI 4 p Colorado, current, former and future members, directors, servants, officers, employees, and other agents, now or hereafter, of said State or the Authority and each person, if any, who has the power, directly or indirectly, to direct or cause the direction of the management or policies, now or hereafter, of the State or the Authority (collectively, the "Indemnified Parties" and individually, the "Indemnified Party") and further agrees to release from, pay and hold the Indemnified Parties harmless from and against any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and court costs, including those for post-judgment and appellate proceedings) , judgments, claims, demands, suits, actions or other proceedings of whatsoever kind or nature (including, without limitation, those in any manner directly or indirectly arising or resulting from, out of, or in connection with, any injury to, or death of, any person or any damage to property but excluding those arising or resulting from any intentional misrepresentation or any willful and wanton misconduct of the Indemnified Party) in any manner directly or indirectly (in any case, whether or not by the Corporation or its successors and assigns, or directly or indirectly through the agents, contractors, employees, licensees or otherwise of the Corporation or its successors and assigns) by any person or entity whatsoever except the Authority, arising or purportedly arising from: (a) this Sublease, the Lease, the Indenture, the Series 1993 Tax Regulatory Agreement, the Bonds, the initial and any subsequent offers and sales of the Bonds, or the transactions contemplated thereby, the Series 1993 Project and the ownership or the operation by the Corporation of the Sublessee' s Facilities, the breach or violation of or any material inaccuracy or material omission in any agreement, covenant, representation or warranty of the Corporation set forth herein or in any document delivered pursuant hereto; or. (b) the presence of any Hazardous Material or underground storage tanks on or under the Sublessee' s Facilities or any escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Material from the Sublessee' s Facilities, any liens against the Facilities permitted under or imposed by any Environmental Law, or any violation or actual or asserted liability or obligations of the Corporation under any Environmental Law, regardless of whether or not caused by, or within the control of, the Corporation, any actual or asserted liability or obligations of the aforesaid persons under any Environmental Law relating to the Sublessee' s Facilities, regardless of whether or not caused by, or within the control of, the Corporation or any action or failure to act by an Indemnified Party with respect to any of the foregoing. -18- WP146302-030/233 5201.19 Any Indemnified Party shall give prompt written notice to the Corporation with respect to which indemnification pursuant to this Section is applicable. Any Indemnified Party has the right to retain, at the Corporation' s expense, separate counsel in any lawsuit if the Indemnified Party reasonably concludes that a potential conflict of interest exists between the Authority and any named party. The foregoing release, protection, defense, hold harmless and indemnification provisions shall not apply to any claim, proceeding or action instituted by the Corporation against the Authority, the State of Colorado, or agencies of the State of Colorado relating to any warranty, representation, covenant or obligation of the Authority under this Sublease, the Lease or the Indenture if it is ultimately determined by a court or government agency (from which an appeal is not available or with respect to which the time for appeal has expired) that the Authority breached or violated any such warranty, representation, covenant or obligation. Notwithstanding any provisions to the contrary in the Sublease, all covenants, stipulations, promises, agreements, and obligations of the Authority contained in this Sublease - shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the Authority and not of any current former or future member, director, officer, employee, or other agent of the Authority in his or her individual capacity, and no recourse shall be had for the payment of the principal of, premium, if any, or interest on the Bonds or for any claim based thereon or hereunder against any current or former member, director, officer, employee, or other agent of the Authority or any natural person executing the Bonds. The release and indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Sublease or the termination of this Sublease for any reason. In the event the Sublessee should default under any of the provisions of this Sublease and the Sublessor, the Authority or the Trustee should employ attorneys or incur other expenses for the collection of the rent due hereunder or the enforcement of performance or observance of any obligation or agreement on the part of the Sublessee herein contained, the Sublessee agrees that it will on demand therefor pay to the Sublessor, the Authority or the Trustee, as the case may be, the reasonable fees of such attorneys and such other reasonable expenses incurred by the Authority or the Trustee. The foregoing covenant shall remain in full -19- WP146302-030/233 04,10^ 9 force and effect notwithstanding the full payment of all obligations under this Sublease or the termination of this Sublease for any reason. Section 5. 17. Permitted Indebtedness. The Sublessee covenants and agrees that it will not incur any indebtedness or liabilities of any kind (including without limitation any indebtedness shown on the liability side of the balance sheet determined in accordance with generally accepted accounting principles) except for accounts payable, accruals, liabilities incurred by endorsement for collection or deposits of checks or drafts or commercial paper or negotiable instruments received by the Sublessee, obligations to pay wages, salaries and benefits to employees, including obligations accruing under pension or retirement plans, and obligations for self-insurance, if any, and each of the following: (a) the rents and other liabilities payable or incurred under the provisions of this Sublease, including any payments with respect to securing Additional Bonds; (b) Nonrecourse Indebtedness without limit; (c) Funded Debt, other than Additional Bonds, or Guaranties issued upon the following conditions: (i) prior to the issuance thereof there shall be filed with the Trustee the written report of an Accountant and the written report of a nationally recognized Hospital Consultant indicating compliance with the historical and pro forma earnings test set forth in Section 2.07(a) of the Indenture (provided, however, (x) if the amount of Funded Debt or Guaranties then outstanding and originally issued under the exception of this provision together with other Funded Debt or Guaranty to be entered into, is less than 15% of Net Operating Revenues, then no test or report is required or (y) if the Sublessor ' s Net Income Available for Debt Service has been not less than 150% of the maximum Annual Debt Service (including giving effect to the debt to be incurred or guaranteed) for each of the two fiscal years next preceding the incurrence of such Funded Debt or Guaranty, then such historical and pro forma written reports may be prepared by the Sublessee in lieu of an Accountant and the Hospital Consultant) . For purposes of this subsection (c) , Guaranties, if not drawn upon within the preceding three years, will be valued at 25% of the principal amount of debt guaranteed unless such Guaranty has been drawn upon at any time within the -20- WP 46302-030/233 0'.:11: p.1 0 preceding three years, in which case the Guaranty will be valued at 100% of the principal amount of debt guaranteed. (d) liabilities (other than for borrowed money and other than rents payable under capitalized lease agreements) incurred in the regular operation of the Sublessee; (e) liabilities, other than those described above, to banks or other institutional investors or money debt, unsecured or secured by or evidenced by mortgages, capitalized leases for equipment (other than this Lease) , liens, security agreements or conditional sales contracts; provided that no such mortgage of or such security interest in the Hospital Facilities shall be permitted; provided further that the amount of liabilities described in this clause (e) , together with outstanding Funded Debt, shall not in the aggregate at any one time exceed 18% of the Net Operating Revenues of the Sublessee for the preceding fiscal year; (f) working capital loans maturing in one year or less from their original terms in an aggregate amount at any one time outstanding not exceeding one-twelfth of its Net Operating Revenues for the preceding fiscal year, provided that there shall be no indebtedness outstanding under this subparagraph (f) for a period of at least 30 days in each fiscal year; (g) unsecured indebtedness of the Sublessee to make interest or other payments under nonassignable agreements during the lifetime of a person who has made a gift to the Sublessee but has reserved a lifetime or lesser interest in such gift and who requires such payment as a condition of such gift; (h) Completion Indebtedness in a principal amount not exceeding ten percent (10%) of the aggregate original face amount of the Funded Debt issued to finance the project or other improvements to the Hospital Facilities for which Completion Indebtedness has been issued; (i) borrowings from the Depreciation Reserve Fund as permitted in Section 5. 18 hereof; (j ) any borrowing from a donor-restricted fund; and (K) Commitment Indebtedness without limit. -21- wPi463o2-030/233 9ZC1i Definitions used in this Section shall have the meanings assigned to them in the Indenture, including without limitation, the First Supplemental Indenture; however, such definitions shall refer to the Sublessee and the Sublessee's Facilities rather than the Hospital and the Hospital Facilities. Section 5. 18. Excess Depreciation Deposits; Depreciation Reserve Fund. There is created, by Section 8.09 of the Lease, a special account designated "Depreciation Reserve Fund. " The Sublessee shall credit or deposit all deposits to the Depreciation Reserve Fund required of Sublessor under Section 8. 09 of the Lease and Sublessee shall abide by and comply with all other terms of the aforesaid section. Any withdrawals from the Depreciation Reserve Fund shall be made only for the purposes and only in the manner described in Section 8.09 of the Lease. Sublessor agrees to promptly take all actions and execute all documents necessary for Sublessee to withdraw any and all funds allowable under the Lease. Section 5. 19. Mergers; Disposition of Assets. Except as permitted by Sections 5.20 and 12.04 hereof, the Sublessee agrees that throughout the term of this Sublease, it will not dissolve or transfer, convey, lease or otherwise dispose of all or a substantial part of its properties or assets and will not consolidate with or merge into any corporation or permit one or more corporations to consolidate with or merge into it; provided, however, that the Sublessee may consolidate with or merge into any political subdivision of the State or any nonprofit corporation, permit any such political subdivision or nonprofit corporation to consolidate with or merge into it, or transfer, convey, lease or otherwise dispose of all or a substantial part of its properties or assets to such political subdivision or nonprofit corporation after giving written notice to the Sublessor, the Trustee and the Authority and if, at the time of such consolidation, merger or transfer of assets and after giving effect thereto, the following conditions are satisfied with respect to the acquirer or lessee of the Sublessee' s assets or the corporation with which the Sublessee shall be consolidated or the resulting corporation in the case of a merger (whether or not such resulting corporation is the Sublessee) ; (a) shall be a nonprofit corporation incorporated and existing under the laws of one of the states of the United States or the District of Columbia; (b) shall be qualified and admitted to do business in the State of Colorado; -22- WP14 302-030/233 0 (c) shall be exempt from federal income taxation under Section 501(a) and Section 501(c)(3) of the Code; (d) shall provide the Trustee with an opinion of nationally recognized municipal bond counsel to the effect that such disposition, lease, transfer, conveyance, consolidation or merger will not adversely affect the validity of any of the Bonds or the exemption from federal income taxation of interest on the Bonds; (e) shall be qualified to file an application for Hill-Burton funds or is approved as a transferee by a state agency designated in accordance with Section 291(d) of Title 42 of the United States Code Annotated as then amended, if Hill-Burton funds have been received by the Sublessee prior to such disposition, consolidation or merger, unless any right of recovery the United States Government may hive against the Sublessee as a result of such disposition, consolidation or merger, in the opinion of counsel to the Sublessee, cannot reasonably result in a substantial adverse judgment; (f) shall assume in writing all of the obligations of the Sublessee herein; (g) shall provide the Trustee with an opinion of counsel, Certificate of an Accountant or a Hospital Consultant to the effect that the surviving entity shall (i) be able to meet the financial tests for the issuance (on a pro forma basis) of at least one dollar of Additional Bonds immediately subsequent to such acquisition, lease, consolidation or merger and (ii) except in the case of a lessee under any lease, shall have a net worth immediately subsequent to such acquisition, consolidation or merger at least equal to 90% of the net worth of the Sublessee immediately prior to such acquisition, consolidation or merger; and (h) provided further that none of the other corporations which is a party to such consolidation, lease, merger or transfer shall have any pending litigation which, in the opinion of counsel to the Sublessee (which may be rendered in reliance upon the opinion of counsel to such other corporation) , might reasonably result in a substantial adverse judgment. For the purposes of the preceding sentence, the terms "substantial adverse judgment" shall mean a judgment in an amount which exceeds the insurance or reserves therefor by a sum which is more than two percent of the -23- WP146302-030/233 � � AS aggregate net worth of the resulting, surviving or transferee corporation immediately after the consummation of such consolidation, merger or transfer and after giving effect thereto. Section 5. 20 . Disposition and Transfer of Assets. Except as otherwise provided in Section 6. 02 herein, the Sublessee shall not transfer, sell, lease or otherwise dispose of any of its assets unless the conditions of either (a) , (b) , (c) , (d) or (e) below shall have been satisfied. Any such transfer, sale, lease or disposition shall be without regard to those permitted by Section 6.02 hereof or any other subsection within this Section 5.20. (a) The Sublessee may transfer, sell, lease or otherwise dispose of, 7. 5% of the net book value of assets on an annual basis without having to procure any authorizations or having to meet any financial tests for such transfer. (b) The Sublessee may sell its assets that do not constitute Hospital Facilities or are not located thereon, at fair market, without limit . (c) (i) So long as no default shall have occurred and be continuing under this Sublease, the Sublessee, may transfer, sell, lease or otherwise dispose of assets (the "Transferred Property") to an Affiliate, subject to the following conditions: (A) such disposition incorporates binding restrictions on use as set forth in Section 5. 07 hereof; (8) any such Transferred Property which is subject to the lien or security interest of this Sublease shall remain subject to such lien or security interest; (C) the Affiliate executes an Affiliate Guaranty; and (D) the documents and showings described in Section 6. 12(c) (ii) shall be executed and delivered to the Trustee, at least 10 days prior to such disposition. (ii) The Sublessee is required to address and deliver the following materials to the Trustee prior to such disposition: -24- WP)46302-0301233 ��n (A) a written report of an Accountant stating that the Net Income Available for Debt Service for the full fiscal year next preceding such disposition was not less than 110% of maximum Annual Debt Service; (B) a written report of the Sublessee (x) stating that the estimated Net Income Available for Debt Service for each of the two full fiscal years immediately following the date of such transfer, taking into account the disposition of the Transferred Property, will be not less than 125% of maximum Annual Debt Service and (y) indicating that sufficient revenues and cash flow could be generated to meet the operating expenses of the Hospital and the debt service requirements on all Funded Debt of the Sublessee during such two fiscal years and that the Sublessee' s unrestricted fund balances determined in accordance with generally accepted accounting principles will not be made negative by such disposition; (C) a written opinion of nationally recognized municipal bond counsel selected by the Authority to the effect that such disposition will not adversely affect the validity of the Bonds or the exemption from federal income tax of the interest paid on the Bonds or any other tax-exempt bonds which opinion may rely on the related opinion of independent counsel as to matters set forth therein; and (D) a written opinion of independent counsel (which counsel and opinion are acceptable to the Sublessor, the Authority and the Trustee) to the effect that: (AA) such disposition will not adversely affect the Sublessee' s status as an organization described in Section 501(c) (3) of the Code which is exempt from federal income taxes pursuant to Section 501(a) of the Code and is not a private foundation as defined in Section 509(a) of the Code; -25- WP146302-030/233 920'1:19 (BB) the Affiliate Guaranty involved is valid, binding and enforceable in accordance with its terms (subject to customary exceptions for laws affecting creditors' rights and the availability of equitable remedies) at least to the extent of the appraised fair market value of the Transferred Property determined as provided above; (CC) the conditions precedent to the disposition of the Transferred Property imposed by this Sublease have been satisfied; (DD) no default or event of default will result from such disposition under the terms and provisions of this Sublease or of any other lease, mortgage, agreement or other instrument by which the Sublessee or the Hospital Facilities are or may be bound; and (EE) such disposition is not subject to any authorization, consent, approval or review by any governmental body or regulatory authority not theretofore obtained or effected, as required and as specified in such opinion. (iii) The requirements of the foregoing subsection (ii)(A) and subsection (ii) (B)(x) shall be deemed satisfied if: (A) in the opinion of a Hospital Consultant and, if requested by the Trustee, such opinion is accompanied by a concurring opinion of counsel, which counsel and opinion are acceptable to the Trustee, as to any conclusions of law supporting the opinion of such Hospital Consultant, applicable laws or regulations have prevented or will prevent the Sublessee from generating the amount of Net Income Available for Debt Service required to be generated by such subsections, or either thereof, as a prerequisite to such disposition; (B) the Hospital has generated and the forecasts or estimates contained in the report referred to in subsection (ii) (B)(x) are that it will generate the maximum amount of Net Income Available for Debt Service which in the opinion of such Hospital Consultant can reasonably be generated given such laws and regulations during -26- wP146302-030/233 920118 the period affected thereby; and (C) the debt service coverage ratio is at least 100% and is projected to be at least 100%. (iv) Each Affiliate Guaranty shall: (A) guarantee payment of the rent payable pursuant to Article VIII hereof; provided that recovery against the Affiliate shall be limited to the fair market value of the Transferred Property at either the time of the transfer or the time of realization upon the Affiliate Guaranty, whichever is higher; (B) provide that the amount so guaranteed shall not diminish as the rent payments pursuant to Article VIII hereof are made; (C) provide that the obligations under such Affiliate Guaranty may be discharged prior to payment in full of the rent payments pursuant to Article VIII hereof if the Affiliate returns the Transferred Property subject only to Permitted Encumbrances, or deposits with the Sublessee or the Trustee cash in an amount equal to the fair market value of the Transferred Property at either the time of the transfer or the time of such deposit, whichever is higher; provided further that, in the event any part or all of the Transferred Property acquired by such Affiliate in connection with the execution and delivery of such Affiliate Guaranty is subject to the lien or security interest of this Sublease and the Indenture, the Affiliate Guaranty may be discharged only if the Affiliate reconveys such portion of the Transferred Property to the Hospital or secures the release of the lien and security interest of this Sublease with respect to such portion of the Transferred Property in accordance with the provisions of this Sublease in which case the Affiliate shall receive credit against its obligation to deposit cash to secure the release of the Affiliate Guaranty to the extent of the fair market value of such portion of the Transferred Property at the time of such deposit (if such portion of the Transferred -27- wp146302-030/233 920118 Property is reconveyed to the Hospital) or to the extent of the fair market value of the substituted property substituted pursuant to the release and substitution provisions of this Sublease (if the Affiliate substitutes property for such portion of the Transferred Property) , as the case may be; provided further that any such moneys so deposited with the Trustee to effect the discharge of the Affiliate Guaranty (other than moneys deposited pursuant to the release and substitution provisions of this Sublease) may be invested at the written request of the Affiliate in United States Government Securities with a final maturity of not more than one year from the date of such investments; (D) provide that the Affiliate may not incur any indebtedness or liabilities of any kind except: (x) liabilities (other than for borrowed money and other than rents payable under capitalized lease agreements) incurred in the regular operations of the Affiliate; and (y) liabilities for borrowed money and rents payable under lease agreements, both payable solely to the Sublessee; (E) prohibit mergers by the Affiliate except with the Hospital or with another Affiliate if the merger with another Affiliate is consented to by the Trustee and the surviving entity assumes the obligations under the Affiliate Guaranty; (F) prohibit transfers of assets by the Affiliate except to the Sublessee or to another Affiliate unless, prior to such transfer, the conditions of Subsections ( ii) (D) (AA) , (CC) , (DD) and (EE) above are satisfied and except in the ordinary course of, and pursuant to the reasonable requirements of the Affiliate's activities and upon fair and reasonable terms no less favorable to the Affiliate than would obtain in a comparable arm' s-length transaction, and provided further that prior to such transfer there shall be delivered to the Trustee an opinion of independent counsel (which counsel and opinion are acceptable to the Authority -28- WP)46302-030/233 9Z/VaIS and the Trustee) to the effect that such disposition will not adversely affect the Affiliate' s status as an organization described in Section 5O1(c)(3) of the Code which is exempt from federal income taxes pursuant to Section 5O1(a) of the Code and which is not a private foundation as described in Section 5O9(a) of the Code; (G) provide that the Transferred Property will be reconveyed to the Sublessee prior to any dissolution of the Affiliate unless the obligation of the Affiliate has been previously satisfied; and (H) contain provisions similar to those appearing in this Sublease providing for maintenance of insurance, maintenance and use of the Transferred Property, compliance with law, payment of taxes, charges and assessments, removal of liens, maintenance of corporate existence and status, including maintenance of status as an Affiliate, further assurances, indemnity, amendment and delivery of financial statements and annual certificates evidencing compliance with the terms of the Affiliate Guaranty. (d) So long as no default shall have occurred and be continuing under this Sublease, the Sublessee, may transfer, sell, lease or otherwise dispose of assets to any person, subject to the following conditions: (i) delivery to the Trustee of a certificate of an officer of the Sublessee to the effect that either (A) the ratio of Net Income Available for Debt Service to Annual Debt Service for the most recent fiscal year of the Sublessee would not be reduced or, if reduced, would not be reduced by more than 20% (such calculation to be made assuming such disposition had occurred at the beginning of such fiscal year) but in no event below 1. 10: 1.0; or (B) the average ratio of Net Income Available for Debt Service to Annual Debt Service, as forecasted for the two fiscal years of the Sublessee immediately following the transfer, after giving effect to the transfer, will not be reduced by more than 20%, but in no event below 1 . 10 : 1 . 0; and (ii) a written opinion of nationally recognized municipal bond counsel selected by the Trustee to the effect that such disposition will not adversely affect the validity of the Bonds or the exemption from federal income tax of the interest paid -29- wPi46302-030/233 on the Bonds or any other tax-exempt bonds which opinion may rely on the related opinion of independent counsel as to matters set forth therein. (e) The Sublessee may transfer, sell, lease or otherwise dispose of its assets in the ordinary course of business. Section 5 .21 . Release and Substitution of Hospital Facilities. So long as no default shall have occurred and be continuing under this Sublease, the Lease or the Indenture, the Sublessor, with the written consent of the Authority and the Bond Insurer, shall release any portion of the Hospital Facilities from the provisions of this Sublease either, (a) if the Sublessee deposits the proceeds from a fair market sale of such portion of the Hospital Facilities on a pro rata basis into the Bond Principal Fund to be used for redemption of Bonds at the earliest possible redemption date and into separate accounts for the payment of Funded Debt, or (b) upon receipt by the Sublessor, the Authority and the Trustee of the following: (i) a written request of the Sublessee for such release describing the property to be released; (ii) a certificate of the Sublessee certifying (A) the fair market value of the property to be released and of the property other than cash to be substituted for the property to be released; (B) the disposition to be made of the property to be released and the consideration to be received therefor; (C) that the disposition of the property to be released and the substitution therefor of the property to be substituted for the property to be released shall not materially adversely affect the operations of the remaining Hospital Facilities or the ability of the Sublessee to satisfy its obligations under this Sublease and shall not materially reduce or adversely affect the Net Income Available for Debt Service; (D) that the property to be substituted for the property to be released is necessary or useful to the operations of the Sublessee; (E) that the fair market value of the property to be substituted for the property to be released together with cash to be delivered to the Trustee, if any, is at least equal to the fair market value of the property to be released, and (F) that the release of the property to be released and the substitution therefor of the property to be substituted for the property to be released shall not result in a default under this Sublease or the Indenture; (iii) appraisals of the fair market value of the property to be released and the property to be substituted for the property to be released, respectively, by a Member of the Appraisal Institute (MAI) satisfactory to the Sublessor, the Authority and the Trustee if such property is real property or by another expert satisfactory to the Sublessor, -so- WP146302-030/233 OneAl A S the Authority and the Trustee is such property is not real property; (iv) a supplement to this Sublease and other documents necessary to subject the property to be substituted for the property to be released to the provisions of this Sublease and (v) a Certificate of a Hospital consultant to the effect set forth in (ii)(C) above. Any cash delivered to the Sublessor and the Trustee pursuant to the provisions of this paragraph other than pursuant to (a) above shall be held in a separate trust account and shall be used on a pro rata basis (1) to make up any deficiencies in the Debt Service Reserve Fund, Bond Principal Fund, and Interest Fund in the order listed and (ii) to pay Funded Debt. Notwithstanding the requirements of the immediately preceding paragraph, any portion of the Hospital Facilities may be released from the provisions of this Sublease if the Sublessee (i) deposits 50% of the proceeds from a fair market sale of such portion of the Hospital Facilities on a pro rata basis into the Bond Principal Fund to be used for redemption of Bonds at the earliest possible redemption date and into separate accounts for the payment of Funded Debt, (ii) provides evidence satisfactory to the Sublessor, the Authority and the Trustee to the effect that the Sublessee could have met the rate test set forth in Section 5. 12 hereof for each of the immediately preceding two fiscal years of the Sublessee not taking into account revenues derived from the portion of the Hospital Facilities to be released, and (iii) if the value of the property to be released when added to the value of other property released hereunder in the same twelve month period exceeds $250,000, delivers to the Sublessor, the Authority and the Trustee a certificate of a Hospital Consultant to the effect that the disposition of the property to be released and the substitution therefor of the property to be substituted for the property to be released will not materially adversely affect the operations of the remaining Hospital Facilities or the ability of the Sublessee to satisfy its obligations under this Sublease and will not materially reduce or adversely affect the Net Income Available for Debt Service. Any cash delivered to the Trustee pursuant to the provisions of this paragraph will be held in a separate trust account and will be used on a pro rata basis (i) to make up any deficiencies in the Debt Service Reserve Fund, Bond Principal Fund, and Interest Fund in the order listed and (ii) to pay Funded Debt. In addition, and without regard to the foregoing provisions, there shall be deemed released from the provisions of this Sublease any land released from the Lease pursuant to the provisions of the last paragraph of Section 6. 14 of the Lease. -31- • wP146302-030/233 Q fl#)Q .d 9 Section 5.22. Performance of Sublessor 's Covenants. In the event the Sublessor shall fail to perform any act required to be performed by Sublessor under the terms of the Indenture or the Lease, then and in each such case the Sublessee shall immediately remedy such default for the account of the Sublessor and shall make advances for that purposes, without the institution or conclusion of any proceedings to determine the appropriateness of the default declaration, the responsibility or liability of the Sublessor for the default or any other matter. No such performance or advance shall operate to release the Sublessor from any such default and any sums so advanced by Sublessee shall be repayable by the Sublessor on demand and shall bear interest at the prime rate of the Trustee per annum from the date of the advance until repaid. The Sublessee will not take any action and will not fail to take any action which would cause the Sublessor to be in default under the terms of the Indenture or the Lease. In addition, the Sublessee agrees to be bound by all provisions of the Lease which relate to the Hospital Facilities and the Sublessor 's obligations thereunder. Section 5.23 . Additional Information to the Authority. Within 120 days after the end of each fiscal year of the Sublessee, the Sublessee will, if requested in writing by the Authority or the Bond Insurer, provide the following information to both the Authority and the Bond Insurer: (a) A letter from the Sublessee summarizing or attaching the letters of various counsel to the Sublessee concerning material litigation (if any) and containing a schedule of all material pending litigation; (b) The report of the Insurance Consultant required pursuant to this Sublease; (c) Any material changes or amendments to the long-range plans and future financing plans of the sublessee; (d) Utilization statistics for the most recent fiscal year including the following: number of licensed beds, number of beds in service, admissions (excluding newborns) , patient days (excluding newborns) , average length of stay in terms of days, percentage occupancy of beds in service, emergency room visits, surgical procedures for both inpatient and outpatient admissions; -32- WP146302-030/233 1.: Q"!'9 (e) Percentage of gross revenues by payor class for the most recent fiscal year, including Medicare, Medicaid, Blue Cross, commercial, self-pay and other; (f) Average percentage of charge increases for the most recent fiscal year; (g) Medicare case mix index for the most recent fiscal year; (h) Percentage of accounts receivable over 90 days; and ( i) Number of full time equivalent employees. Section 5 .24 . Repairs and Maintenance. The Sublessee covenants and agrees that, during the term of this Sublease, it will at all times at its own expense maintain, preserve and keep the Sublessee' s Facilities, including without limitation, the Hospital Facilities and every part thereof and all equipment and personal property used in connection therewith in good condition, repair and working order and will from time to time make all needful and proper repairs, replacements, additions, betterments and improvements thereto so that the operations and business pertaining to the Sublessee' s Facilities, including without limitation, the Hospital Facilities and every part thereof shall at all times be conducted properly, safely and advantageously; and whenever any portion of the Sublessee' s Facilities, including without limitation, the Hospital Facilities shall have been worn out or destroyed or shall have become obsolete, inefficient or otherwise unfit for use, the Sublessee will procure and install substitutes, if deemed necessary, of at least equal value, utility and efficiency so that the value and efficiency of the Sublessee' s Facilities, including without limitation, the Hospital Facilities shall at all times be fully maintained. Section 5 .25 . Liquidity Covenant. The Corporation shall, as long as the Series 1990 Bonds shall renew Outstanding, keep a balance of cash and marketable securities at least equal to $3 . 5 million. ARTICLE VI SUBLESSOR' S PERMITTED INDEBTEDNESS The Sublessor covenants and agrees it will not incur any indebtedness or liabilities of any kind (including without -33- WP146302-030/233 p 201.1 limitation any indebtedness shown on the liability side of the balance sheet determined in accordance with generally accepted accounting principles) except for those items permitted in the Lease and then only with the written consent of the Sublessee. ARTICLE VII TERM This Sublease commenced on the Sublease Commencement Date and shall continue until all the Bonds and any amounts due under the Indenture are paid in full or when provisions to pay the Bonds have been made as provided in the Indenture, subject to Section 12. 03 hereof. Notwithstanding the foregoing, the County, the Hospital, the Authority, the Corporation and the Trustee have entered into a Memorandum of Understanding, dated as of February 1, 1993 (the "Memorandum of Understanding") , pursuant to which, and subject to certain conditions contained therein, the County, the Hospital, the Authority, the Corporation and the Trustee may reorganize their present relationships to provide that the Corporation, pursuant to a loan agreement with the Authority, will become the ultimate borrower for purposes of paying the Bonds, as more fully set forth in the Memorandum of Understanding. Upon such reorganization, this Sublease may be cancelled and replaced with a lease agreement between the Corporation and the County or the Hospital. ARTICLE VIII RENT Sublessee agrees to and shall pay Sublessor, its successors or its designees, rent for the Hospital Facilities during the term of this Sublease in such amounts as are equal to the rental payments of Sublessor under the Lease or any successor agreement thereto, such rent being due and payable upon execution of this Sublease as provided in said Lease. All payments of rent under this Sublease shall be made by the Sublessee directly to the persons as provided for in the Lease. ARTICLE IX INSURANCE Section 9 . 01 . Liability, Casualty and Other Insurance. The Sublessee shall maintain, or cause to be maintained, except as hereinafter provided, the following insurance for the Sublessee and Sublessee' s Facilities: -34- wP146302-030/233 9(A] /� 7X0 t8 (a) Insurance against loss and/or damage to the Sublessee Facilities and equipment of the Sublessee under a policy or policies covering such risks as are ordinarily insured against by similar public hospitals, including without limiting the generality of the foregoing, fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, damage from aircraft, smoke and uniform standard extended coverage and vandalism and malicious mischief endorsements, limited only as may be provided in the standard form of such endorsements at the time in use in the State of Colorado. Such insurance shall be in an amount not less than the lesser of (i) the principal amount of all Bonds outstanding or (ii) ninety percent of the replacement value of the Sublessee Facilities and equipment. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise. The term "replacement value" shall mean the actual replacement cost of the Sublessee' s Facilities and equipment (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other uninsurable items) , and shall be determined from time to time at the request of the Sublessor, but not more frequently than once every three years, by an architect, contractor, appraiser or appraisal company or one of the insurers, in any case, determined, selected and paid for by the Sublessee and approved by the Sublessor; provided, however, that any policy under this subparagraph (a) in an amount equal to ninety percent of the replacement value of the Sublessee' s Facilities and equipment may be made subject to a deductible amount of not more than $25,000 per accident or casualty. All policies evidencing insurance required by this subparagraph (a) shall be carried in the names of the Sublessee, the Sublessor, the Authority and the Trustee as insureds as their respective interests may appear and shall provide for Net Proceeds of insurance resulting from claims per occurrence thereunder which are less than 2% of Net Operating Revenues (as defined in Section 5. 17 hereof) for the immediate preceding fiscal year for loss or damage covered thereby to be made payable directly to the Sublessee, and Net Proceeds from such claims equal to or in excess of said 2% to be made payable directly to the Trustee. The Net Proceeds of such insurance required by this subparagraph (a) shall be applied as provided in Section 10.01 hereof; -35- wP1a6302-030/233 A21Q! IS (b) Comprehensive general liability insurance, including blanket contractual liability and personal injury liability and automobile insurance, including owned, non-owned and hired automobiles, protecting the Sublessee, the Sublessor, the Authority and the County, as their interests appear, against liability for injuries to persons and/or property, in the minimum amount for personal injury of $1,000,000 for each occurrence and $1, 000,000 aggregate for each year, and for property damage of $300,000 for each occurrence and $300,000 aggregate for each year; (c) Use and occupancy (or business interruption) insurance, covering interruption of the Sublessee's operations in whole or in part by reason of the total or partial suspension of, or interruption of, the operation of the Sublessee' s Facilities caused by the damage to or destruction of any part of the Sublessee' s Facilities caused by any of the perils described in subparagraph (a) above, with such exceptions as are customarily imposed by insurers, in an amount sufficient to comply with the requirements of a standard 25% gross earnings business interruption form, but in no event less than 250% of the maximum basic rental payments to be made under Section 5. O3(a) and (b) of the Lease in any fiscal year. All policies evidencing insurance required by this subparagraph (c) shall be carried in the names of the Sublessee, the Sublessor, the Authority and the Trustee as assureds as their respective interests may appear, provided that all losses thereunder shall be made payable directly to the Trustee. The Net Proceeds of such insurance shall be deposited in the Interest Fund or Bond Principal Fund under the Indenture as a credit against the obligation of the Sublessor to the extent necessary to pay Basic Rents #1 and #2, as the case may be, as the same becomes due during the period of interruption of the Sublessee' s operations, as estimated by an independent insurance consultant, and the balance of such proceeds shall be paid to the Sublessee. (d) Workmen' s compensation insurance respecting all employees of the Sublessee and all persons engaged in work on the Sublessee' s Facilities, in such amount as is required by law; (e) Boiler insurance, including use and occupancy coverage, with an aggregate property damage and personal injury limit of $1, 000,000; -36- WP146302-030/233 oo (f) Malpractice insurance, protecting the Authority, the Bond Insurer, the Sublessee and the Sublessor against liability for death, injury, loss or damage occurring during examination, diagnosis, treatment or care of any patient or any occupant of the Sublessee' s Facilities in the minimum amount of $1,000,000 per person per occurrence and to the extent of at least $3, 000,000 in the aggregate per policy year; and (g) Fidelity insurance or bonds on those of its officers and employees who handle funds of the Sublessee, both in at least such amounts and to such extent as are currently maintained by the Sublessee. All such policies of insurance hereinabove described in this Section shall be issued by and maintained in responsible insurance companies selected by the Sublessee, organized under the laws of one of the states of the United States or the Underwriters at Lloyd' s of London and authorized under the laws of Colorado to assume the risks covered thereby. Each insurance policy shall contain a waiver of rights of subrogation. The Sublessee will deposit annually with the Trustee policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers or a certificate of an Insurance Consultant stating that such insurance is in force and effect. Each policy shall contain a provision that the insurer shall not cancel nor modify it without giving written notice to the Sublessee, the Sublessor, the Authority and the Trustee at least thirty (30) days before the cancellation or modification becomes effective. Not less than 15 days prior to the expiration of any policy, the Sublessee shall furnish the Trustee evidence satisfactory to the Trustee that the policy has been renewed or replaced in conformity with the provisions of this Section, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Sublessee may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event it shall deposit with the Trustee a certificate or certificates of the respective insurers as the amount of coverage in force upon the Sublessee Facilities. Section 9. 02. Insurance Review. At least every two years the Sublessee together with its Insurance Consultant, as defined below, shall review the insurance coverage hereinabove required and report to the Sublessor and the Authority as to the adequacy of such coverage. As a result of such review the insurance coverage provided by this Section may be reduced or otherwise adjusted, but only with -37 WP146302-030/233 9301119 the consent of the Sublessor and the Authority, or shall be increased if recommended by such review unless otherwise waived by the Sublessor, if the corresponding provision in the Lease is waived by the Authority; provided that after any such reduction, increase or other adjustment of such insurance, the revised coverages are certified by the Insurance Consultant to be adequate and customary for hospitals of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Sublessee' s cost and charges for its services. The Sublessor, in its sole discretion, may waive the biennial Insurance Consultant ' s review as above provided if the corresponding provision in the Lease has been waived by the Authority with the consent of the Bond Insurer. Upon the Written Request of the Sublessee and without the consent of the Bondholders, the Sublessor, with the written consent of the Authority, may permit modifications to the insurance coverage hereinabove provided in this Section, including permission for the Sublessee to participate in alternative risk management programs such as the establishment of a self-insurance program (except with respect to the insurance required by (a) above) and participation in a captive insurance company, all upon such terms and conditions as the Sublessor, with the written consent of the Authority and the Bond Insurer, may require. In making its decision whether to permit such modifications the Sublessor shall consider the availability of commercial insurance, the terms upon which such insurance is available and the cost of such available insurance, and the Sublessor shall consider the effect of such terms and such costs upon the Hospital ' s costs and charges for its services. In making any such determination, the Sublessor may rely upon a written report of an Insurance Consultant. Anything herein to the contrary notwithstanding, the Sublessor, with the written consent of the Authority, may consent to a self-insurance program (except with respect to the insurance required by (a) above) by the Sublessee if recommended in writing by an Insurance Consultant and the Sublessor is of the opinion (which may be based upon said recommendations) that it is in the best interests of the Sublessee. The Sublessee shall pay any fees charged by such Insurance Consultant and any expenses incurred by the Trustee. The Sublessor will not unreasonable withhold its approval for self-insurance by the Sublessee upon the conditions above set forth. The term "Insurance Consultant" means an insurance consultant and/or risk management firm or an insurance broker -38- wv146302-030/233 p or an insurance agent (which may be a consultant, firm, broker or agent with whom the Sublessee, the Sublessor, the Authority or the Trustee regularly transact business) selected by the Sublessee and accepted by the Sublessor, the Authority and the Trustee. ARTICLE X DAMAGE, DESTRUCTION AND CONDEMNATION Section 10 . 01 . Damage or Destruction for Hospital Facilities. The Sublessee agrees to notify the Sublessor, the Authority and the Trustee, immediately in the case of damage exceeding an amount equal to 2% of Net Operating Revenues for the immediate preceding fiscal year to, or destruction of, the Hospital Facilities or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed said 2%, the Sublessor agrees that the Net Proceeds or any insurance relating to such damage, not exceeding said 2%, may be paid directly to the Sublessee. In the event the Hospital Facilities or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed said 2%, then the Sublessee shall within 90 days after receipt of insurance proceeds, subject to the written approval of the Authority which approval shall not be unreasonable withheld, elect one of the following options by written notice of such election to the Sublessor and the Authority: (a) Option A-Repair and Restoration. The Sublessee may elect to repair, reconstruct and restore the damaged Hospital Facilities therefor. In such event the Sublessee shall proceed forthwith to repair, reconstruct and restore the damaged Hospital Facilities to substantially the same condition as it existed prior to the event causing such damage or destruction or to substitute other Hospital Facilities therefor, and will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Sublessee from the Trustee to the payment or reimbursement of the costs of such repair, reconstruction and restoration. So long as the sublessee is not in default hereunder, any Net Proceeds of insurance relating to such damage or destruction received by the Trustee shall be released from time to time by the Trustee to the Sublessee upon the receipt of: -39- WM46302-030/233 One 9 (i) the Written Request of the Sublessee specifying the expenditures made or to be made or the indebtedness incurred in connection with such repair, reconstruction and restoration and stating that such Net Proceeds, together with any other moneys legally available for such purposes, will be sufficient to complete such repair, reconstruction and restoration; and (ii) the written approval of such Request by an Independent Architect. It is further understood and agreed that in the event the Sublessee shall elect this Option A the Sublessee shall complete the repair, reconstruction and restoration of the Hospital Facilities, or substitution therefor, whether or not the Net Proceeds of insurance received by the Sublessee for such purposes are sufficient to pay for the same. (b) Option B-Prepayment of Rent. If the Sublessee elects not to repair or replace the damaged or destroyed Hospital Facilities, or if the Sublessee shall fail to make such election within 90 days of receipt of the insurance proceeds, the Sublessee will employ a Hospital Consultant, and if such Hospital Consultant determines that the failure to repair or replace the Hospital Facilities will result in the Sublessee's inability to meet the rate covenant imposed by Section 5.12 of this Sublease for the two complete fiscal years next succeeding the date of receipt of the proceeds of such an insurance award, the Sublessee will deposit on behalf of the Sublessor in the Optional Redemption Fund established by the Indenture an amount which, together with the Net Proceeds of insurance deposited in such Fund, shall be sufficient to redeem all Bonds outstanding and shall direct the Trustee to effect such redemption. If the Hospital Consultant is of the opinion that such failure to repair or replace will not affect the Sublessee's ability to meet the rate covenant, the Sublessee shall direct the Trustee to deposit such Net Proceeds in the Optional Redemption Fund to be applied to the partial redemption of the Bonds outstanding. Section 10 .02. Condemnation or Insured Loss of Title to Hospital Facilities. The Sublease and the interest of the Sublessee shall terminate as to the Hospital Facilities or any portion thereof condemned or taken for any public or quasi-public use when title thereto vests in the party condemning or taking the same or if the Hospital 's title -40- • WP146302-030/233 thereto shall fail (hereinafter referred to as the "termination date") , the Sublessee hereby irrevocably assign to the Sublessor, the Authority and to the Trustee, as their respective interests may appear, all right, title and interest of the Sublessee in and to any Net Proceeds of any award, compensation, title insurance or damages (hereinafter referred to as an "award") , payable in connection with any such condemnation or taking or insured loss of title during the term hereof. Such Net Proceeds shall be initially paid to the Trustee for disbursement or use as hereinafter provided. In the event of any such condemnation or taking or loss of title the Sublessee shall within 90 days after the termination date therefor elect, subject to the written approval of the Sublessor and the Authority which approval shall not be unreasonably withheld, one of the following two options by written notice of such election to the Trustee: (a) Option A--Repairs and Improvements. The Sublessee may elect to use the Net Proceeds of the award made in connection with such condemnation or taking for repairs and improvements to the Hospital Facilities. In such event, so long as the Sublessee is not in default hereunder, the Sublessee shall have the right to receive such Net Proceeds from the Trustee from time to time upon the receipt by the Trustee of: (i) the Written Request of the Sublessee specifying the expenditures made or to be made or the indebtedness incurred in connection with such repairs and improvements and stating that such net Proceeds, together with any of the moneys legally available for such purposes, will be sufficient to complete such repairs and improvements; and (ii) if such Net Proceeds equal or exceed the 2% amount referred to in Section 10. 01 hereof, the written approval of such Written Request by an Independent Architect. The Sublessee agrees to apply any such Net Proceeds so received solely to the purposes specified in such Written Request. (b) Option 9--Prepayment of Rent. If the Sublessee elects not to use the award to repair or replace the condemned portion of Hospital Facilities, or if the Sublessee shall fail to make such election within 90 days of receipt of the award, the Sublessee will • -91- WP 46302-0301233 r^t y iS employ a Hospital Consultant, and if such Hospital Consultant determines that the failure to repair or replace the Hospital Facilities will result in the Sublessee' s inability to meet the rate covenant imposed by Section 5. 12 of this Sublease for the two complete fiscal years next succeeding the date of receipt of the proceeds of such an award, the Sublessee will, on behalf of the Sublessor, deposit in the Optional Redemption Fund established by the Indenture an amount which, together with the Net Proceeds of the award deposited in such Fund, shall be sufficient to redeem all Bonds outstanding and shall direct the Trustee to effect such redemption. If the Hospital Consultant is of the opinion that such failure to repair or replace will not affect the Sublessee' s ability to meet the rate covenant, the sublessee shall direct the Trustee to deposit such Net Proceeds in the Optional Redemption Fund to be applied to the partial redemption of the Bonds outstanding. The Sublessor, the Authority and the Trustee shall cooperate fully with the Sublessee in the handling and conduct of any prospective or pending condemnation proceedings with respect to the Hospital Facilities or any part thereof and will, to the extent it may lawfully do so, permit the Sublessee to litigate in any such proceeding in the name and behalf of the Authority. In no event will the Sublessor voluntarily settle, or consent to the settlement of, any prospective or pending condemnation proceedings with respect to the Hospital Facilities or any part thereof without the written consent of the Sublessee. Section 10. 03. Other Provisions with Respect to Net Proceeds . The Net Proceeds of any insurance (including title insurance) or condemnation award received by the Authority and the Trustee, shall be deposited with the Trustee in a special trust account and invested or reinvested by the Trustee in investments permitted by Section 4 .06 of the Indenture, subject to the Sublessee's right to receive the same pursuant to Sections 10. 01(a) , 10.02(a) , 10. 03(a) and 10. 04(a) hereof . Income from such investments shall be credited to said special trust account. Any such Net Proceeds not so paid to the Sublessee shall be deposited in the Optional Redemption Fund established by the Indenture. Section 10 . 04. Damage or Destruction to Non-Hospital Facilities . The Sublessee agrees to notify the Sublessor, the Authority and the Trustee, immediately in the case of damage exceeding an amount equal to 2% of Net Operating Revenues for the immediate preceding fiscal year to, or -42- WP146302-030/233 v destruction of, the Sublessee' s Facilities other than the Hospital Facilities or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed said 2%, the Sublessor agrees that the Net Proceeds or any insurance relating to such damage, not exceeding said 2%, may be paid directly to the Sublessee. In the event the Sublessee' s Facilities other than the Hospital Facilities or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed said 2%, then the Sublessee shall within 90 days after receipt of insurance proceeds, subject to the written approval of the Authority which approval shall not be unreasonable withheld, elect one of the following options by written notice of such election to the Sublessor and the Authority: (a) Option A-Repair and Restoration. The Sublessee may elect to repair, reconstruct and restore the damaged Sublessee' s Facilities other than the Hospital Facilities therefor. In such event the Sublessee shall proceed forthwith to repair, reconstruct and restore the damaged Sublessee's Facilities other than the Hospital Facilities to substantially the same condition as it existed prior to the event causing such damage or destruction or to substitute other Sublessee' s Facilities other than the Hospital Facilities therefor, and will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Sublessee from the Trustee to the payment or reimbursement of the costs of such repair, reconstruction and restoration. So long as the Sublessee is not in default hereunder, any Net Proceeds of insurance relating to such damage or destruction received by the Trustee shall be released from time to time by the Trustee to the Sublessee upon the receipt of: (i) the Written Request of the Sublessee specifying the expenditures made or to be made or the indebtedness incurred in connection with such repair, reconstruction and restoration and stating that such Net Proceeds, together with any other moneys legally available for such purposes, will be sufficient to complete such repair, reconstruction and restoration; and (ii) the written approval of such Request by an Independent Architect. It is further understood and agreed that in the event the Sublessee shall elect this Option A the Sublessee shall complete the repair, reconstruction and restoration of the -43- wp:46302-030/233 p f �.y4S Sublessee' s Facilities other than the Hospital Facilities, or substitution therefor, whether or not the Net Proceeds of insurance received by the Sublessee for such purposes are sufficient to pay for the same. (b) Option B-Prepayment of Rent. If the Sublessee elects not to repair or replace the damaged or destroyed Sublessee' s Facilities other than the Hospital Facilities, or if the Sublessee shall fail to make such election within 90 days of receipt of the insurance proceeds, the Sublessee will deposit such insurance award on behalf of the Sublessor in the Optional Redemption Fund established by the Indenture and shall direct the Trustee to effect a redemption pursuant to Section 5 . 01 of the Original Indenture and Section 2.06 of the First Supplemental Indenture. Section 10 . 05. Condemnation or Insured Loss of Title to Non-Hospital Facilities. The Sublease and the interest of the Sublessee shall terminate as to the Sublessee's Facilities other than the Hospital Facilities or any portion thereof condemned or taken for any public or quasi-public use when title thereto vests in the party condemning or taking the same or if the Hospital ' s title thereto shall fail (hereinafter referred to as the "termination date") , the Sublessee hereby irrevocably assign to the Sublessor, the Authority and to the Trustee, as their respective interests may appear, all right, title and interest of the Sublessee in and to any Net Proceeds of any award, compensation, title insurance or damages (hereinafter referred to as an "award" ) , payable in connection with any such condemnation or taking or insured loss of title during the term hereof. Such Net Proceeds shall be initially paid to the Trustee for disbursement or use as hereinafter provided. In the event of any such condemnation or taking or loss of title the Sublessee shall within 90 days after the termination date therefor elect, subject to the written approval of the Sublessor and the Authority which approval shall not be unreasonably withheld, one of the following two options by written notice of such election to the Trustee: (a) Option A--Repairs and Improvements. The Sublessee may elect to use the Net Proceeds of the award made in connection with such condemnation or taking for repairs and improvements to the Sublessee' s Facilities other than the Hospital Facilities. In such event, so long as the sublessee is not in default hereunder, the Sublessee shall have the right to receive such Net Proceeds from the Trustee from time to time upon the receipt by the Trustee of : -44- WP146302-030/233 93C11.3 (i) the Written Request of the Sublessee specifying the expenditures made or to be made or the indebtedness incurred in connection with such repairs and improvements and stating that such net Proceeds, together with any of the moneys legally available for such purposes, will be sufficient to complete such repairs and improvements; and (ii) if such Net Proceeds equal or exceed the 2% amount referred to in Section 10 .04 hereof, the written approval of such Written Request by an Independent Architect. The Sublessee agrees to apply any such Net Proceeds so received solely to the purposes specified in such Written Request . (b) Option B--Prepayment of Rent. If the Sublessee elects not to use the award to repair or replace the condemned portion of Sublessee's Facilities other than the Hospital Facilities, or if the Sublessee shall fail to make such election within 90 days of receipt of the award, the Sublessee will, on behalf of the Sublessor, deposit in the Optional Redemption Fund established by the Indenture the Net Proceeds of the award and shall direct the Trustee to effect a redemption pursuant to Section 5.01 of the Original Indenture and Section 2. 06 of the First Supplemental Indenture. If the Hospital Consultant is of the opinion that such failure to repair or replace will not affect the Sublessee's ability to meet the rate covenant, the Sublessee shall direct the Trustee to deposit such Net Proceeds in the Optional Redemption Fund to be applied to the partial redemption of the Bonds outstanding. The Sublessor, the Authority and the Trustee shall cooperate fully with the Sublessee in the handling and conduct of any prospective or pending condemnation proceedings with respect to the Sublessee' s Facilities other than the Hospital Facilities or any part thereof and will, to the extent it may lawfully do so, permit the Sublessee to litigate in any such proceeding in the name and behalf of the Authority. In no event will the Sublessor voluntarily settle, or consent to the settlement of, any prospective or pending condemnation proceedings with respect to the Sublessee' s Facilities other than the Hospital Facilities or any part thereof without the written consent of the Sublessee. -45- WP146302-030/233 92,01:13 ARTICLE XI LICENSURE AND GOVERNMENTAL APPROVALS Section 11 . 01 . Licensure. Subject to Section 11.02 hereof, Sublessee must at all times during the term of this Sublease conduct its business pursuant to a valid license issued by the State authorizing Sublessee to operate a hospital on the Sublessee' s Facilities, including without limitation, the Hospital Facilities and to furnish such other services as are offered by Sublessee and can only lawfully be performed pursuant to a valid license or governmental approval to the extent that such license or approval may be required. Sublessee shall use its best efforts to obtain complete and lawful authority and privilege to obtain and operate the Hospital and no permits, rights, franchises or privileges of the Sublessee will be allowed to lapse or be forfeited so long as the same shall be necessary for the operations of the Sublessee' s Facilities, including without limitation, the Hospital Facilities and Sublessee shall use its best efforts to procure the extension or renewal of each and every right, franchise or privilege so expiring and necessary or desirable for the operation of the Sublessee' s Facilities, including without limitation, the Hospital Facilities. Section 11 . 02. Structural Requirements for Licensure. Notwithstanding any other provision in this Sublease, if the Sublessee cannot obtain a license to operate a hospital from the State and provider status from appropriate third party payers to furnish short term, acute, general hospital services in all portions of the Sublessee's Facilities, including without limitation, the Hospital Facilities used by Sublessor for such patient care purposes, and the cause for not being able to obtain such licensure or provider status is nonconformance of the Sublessee's Facilities, including without limitation, the Hospital Facilities to structural standards, Sublessee shall have the option to either terminate this Sublease or cause the Sublessee's Facilities, including without limitation, the Hospital Facilities to be altered to comply with said structural standards. Should Sublessee elect to terminate this Sublease, then it shall, after the payment of all of its debts and liabilities, transfer all of its remaining assets to Sublessor. -46- WP146302-030/233 ARTICLE XII MORTGAGES, REFINANCING, SPECIAL ASSESSMENTS AND SUBLETTING Section 12.01 . No Existing Liens or Mortgages. Sublessor represents that, other than the obligations evidenced and permitted by the Indenture, the Lease and the Ground Lease, the Hospital Facilities are not mortgaged, pledged as security, or encumbered in any manner, in whole or in part. Section 12 . 02. Refinancing. The Sublessor and Sublessee agree that economic conditions and/or the need to make additional capital improvements to the Hospital Facilities may warrant defeasance of the Bonds and refinancing of the related indebtedness. In the event that Sublessee believes defeasance to be warranted, it shall, at its sole expense, retain a nationally recognized health care consultant to prepare a written report concerning the need for refinancing, the economic feasibility of refinancing and the consultant ' s recommendation. In the event that said report recommends refinancing, Sublessee shall promptly transmit the report to Sublessor with a request to refinance. Sublessor shall consent to refinancing unless Sublessor determines that the proposed refinancing is substantially contrary to the best interests of the citizens of Weld County or substantially beyond the intent of this Sublease. Sublessor shall have 45 days to respond to Sublessee, either consenting to or rejecting the proposed refinancing. In the event that Sublessor refuses to consent, it shall set forth in reasonable detail its reasons therefor . The parties agree that refinancing may require amendment of the term, rent and other provisions of this Sublease. The parties further agree to cooperate and use their best efforts in order to effectuate a refinancing. Section 12. 03. Lease or Sublease of Sublessee' s Facilities. Notwithstanding the provisions of Sections 5. 19 and 5.20 hereof, the Sublessee may lease or sublease all or any part of the Sublessee' s Facilities subject to the following requirements: the Sublessee remains fully obligated and responsible under this Sublease to the same extent as if such sublease had not been executed, provided that the sublessee' s performance of any of the Sublessee's obligations under this Lease shall constitute performance by the Sublessee hereunder, the sublease and that the sublease is valid and enforceable against the parties thereto, and (iv) the filing with the Authority, the Bond Insurer, the Bank and the Trustee of an opinion of nationally recognized -47- WP146302-030/233 9301:13 bond counsel to the effect that the execution and delivery of the sublease would not adversely affect the exclusion from gross income of interest on the Bonds for federal income tax purposes . Section 12.04 . Asset Transfer to Sublessee. (a) Sublessee shall assume, and pay as they come due: (i) All of the debts and liabilities of Sublessor, both known or unknown, as of the Sublease Commencement Date; (ii) All costs for Utilities; (iii) All taxes, maintenance, lease, mortgage, and installment purchase payments on all of those items included in or located upon the Hospital Facilities, which items are either currently under lease to Sublessor or are being purchased by Sublessor, including without limitation those items and amounts more specifically described in Exhibit "B" attached hereto and made a part hereof; and (iv) All other property, business, use and licensure taxes and fees lawfully assessed or imposed upon the Hospital Facilities, the property now or hereafter installed or placed therein and on Sublessee's business operations on, at, or relating to the Hospital Facilities. All taxes and special assessments herein assumed to be paid by Sublessee shall be paid before they become delinquent or penalty accrues thereon. (The word "Taxes" shall mean all ad valorem taxes and general and/or special assessments which may be levied, charged or imposed upon, or in respect, of the Hospital Facilities or upon any improvements thereon for any period during the term of this Sublease by any applicable state, county, city, school district or other governmental entity now existing or hereafter duly and lawfully created; provided, however, that all ad valorem taxes for the year in which this Sublease may be terminated shall be prorated between Sublessor and Sublessee as of the first and last days of the term of this Sublease. ) (v) Sublessee agrees to abide with, be bound by and make all payments required of Sublessor under the terms of the Lease so long as the Bonds are outstanding. -48- n4 WP166302-030/233 :. i,-•�.aJf (vi) Sublessee agrees to assume during the term of this Sublease all of Sublessor 's obligations under Section 6.01 and 6.02 hereof. (vii) Sublessee agrees to pay to Sublessor any and all other sums of money or charges required to be paid by the Sublessor under the terms of the Lease and by the Sublessee to the Sublessor under any of the provisions of this Sublease, whether or not the same shall be designated specifically as "rent" or "additional rent" or otherwise. (b) Net Sublease. It is the intention of the Sublessor and Sublessee, and the Sublessee fully recognizes and agrees that, pursuant to the terms of this Section, the rental payments provided in Article VIII hereof shall be net to the Sublessor, and that all costs, expenses and obligations of every kind and nature relating to the use and occupancy of the Hospital Facilities by the Sublessee, shall be paid by the Sublessee, and the Sublessee agrees to indemnify and hold the Sublessor harmless against such costs, expenses, and obligations as consideration for the transfer of the Assets. Upon demand by Sublessor, Sublessee shall execute and delivery such other documents and assurances as are necessary to give full effect to the terms of this Section. ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES THEREFOR Section 13 .01 . Events of Default Defined. The following shall be "events of default" under this Sublease and the terms "event of default" or "default" shall mean any one or more of the following events: (a) Failure of the Sublessee to pay the rents required to be paid under Article VIII hereof when due; (b) Failure of the Sublessee to pay the advances contemplated by Section 5. 11 hereof, when due; (c) Failure of the Sublessee to pay any obligation under Section 12. 05(b) hereof, when due; (d) Failure of the Sublessee to perform any other covenant, condition or provision hereof, other than as referred to in subsections (a) , (b) and (c) of this section, or of the Lease or Indenture and to remedy such —49 • — wai46302-030/233 Ar 3 default for a period of thirty (30) days after written notice thereof from the Sublessor, the Authority or the Trustee to Sublessee; provided, with respect to any such failure covered by this subsection (d) , no event of default shall be deemed to have occurred so long as a course of action adequate in the judgment of the Trustee the Sublessor, the Authority and the Bond Insurer (based upon a report of a Hospital Consultant) to remedy such failure shall have been commenced within such 30-day period and shall thereafter be diligently prosecuted to completion and the failure shall be remedied thereby; (e) Default by the Sublessee in the payment of any indebtedness other than son-Recourse Indebtedness in a material amount (other than under this Sublease) or any Funded Debt, whether such indebtedness now exists or shall hereafter be created, and any period of grace with respect thereto shall have expired, or an event of default as defined in any indenture or instrument, under which there may be issued, or by which there may be secured or evidenced, any Funded Debt, whether such indebtedness now exists or shall hereafter be created, shall occur, which default in payment or event of default shall result in such indebtedness becoming or being declared due and payable prior to the date on which it would otherwise become due and payable; (f) The dissolution or liquidation of the Sublessee, or failure by the Sublessee promptly to lift any execution, garnishment or attachment of such consequence as will impair its ability to carry on its operations at the Hospital Facilities or to make any payments under this Sublease. The phrase "dissolution or liquidation of the Sublessee, " as used in this subsection, shall not be construed to include the cessation of the corporate existence of the Sublessee resulting either from a merger or consolidation of the Sublessee into or with another domestic corporation or a dissolution or liquidation of the Sublessee following a transfer of all or substantially all of its assets under the conditions permitting such actions contained in Section 5.19 hereof; (g) The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of the Sublessee in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator -50- wP 146302-030/233 90-01.1.3 (or other similar official) of the Sublessee or for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order unstayed and in effect for a period of 60 consecutive days; or (h) The commencement by the sublessee of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by it to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of the Sublessee or for any substantial part of its property, or the making by it of any assignment for the benefit of creditors, or the failure of the Sublessee generally to pay its debts as such debts become due, or the taking of corporate action by the Sublessee in furtherance of any of the foregoing; (i) If the Sublessee abandons any of the Sublessee' s Facilities for a period of thirty (30) consecutive days; or (j ) An Event of Default Under the Lease. Section 13 . 02. Remedies on Default. If any event of default shall occur and be continuing, the Sublessor may at its option exercise any one or more of the following remedies: (a) The Sublessor may terminate this Sublease by giving to the Sublessee written notice of the Sublessor ' s intention so to do, in which event the term of this Sublease shall end, and all right, title and interest of the Sublessee hereunder shall expire, on the date stated in such notice, which shall not be less than ten (10) days after the date of the notice by the Sublessor of its intention so to terminate; (b) The Sublessor may terminate the right of the Sublessee to possession of the Hospital Facilities or any portion thereof by giving written notice to the Sublessee that the Sublessee' s right of possession shall end on the date stated in such notice, which shall not be less than ten (10) days after the date of the notice by the Sublessor of its intention so to terminate; (c) The Sublessor may enforce the provisions of this Sublease and may enforce and protect the right of the Sublessor hereunder by a suit or suits in equity or -51- WP146302-030/233 at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy; (d) The Sublessor may accelerate and declare all future rents hereunder to be immediately due and payable; (e) The Sublessor may require the Sublessee, after the payment of all debts and liabilities then outstanding, to reconvey all assets then held by Sublessee under the terms of this Sublease to Sublessor; or (f) The Sublessor may, upon written notice to the Sublessee, revoke or rescind any and all rights and options of the Sublessee hereunder. The Authority or the Bond Trustee, as assignees of the Sublessor, may exercise any remedy granted the Sublessor hereunder; provided, however, that no remedy described above may be executed by the Sublessor without the prior written consent of the Authority and the Bond Insurer. Section 13 .03 . Right of Re-Entry. If the Sublessor exercises either of the remedies provided for in subparagraph (a) or (b) of Section 13 .02, the Sublessor may then or at any time thereafter re-enter and take complete and peaceful possession of the Hospital Facilities or any portion thereof, with or without process of law, and may remove all persons therefrom, and the Sublessee covenants in any such event peacefully and quietly to yield up and surrender the Hospital Facilities and any portion thereof to the Sublessor. Section 13. 04. Right to Sublet or Re-Let. If the Sublessor terminates the Sublessee' s right of possession, the Sublessor may re-enter the Hospital Facilities or any portion thereof and take possession of all or any portion thereof (including any and all equipment and apparatus thereon) , may remove any portion of the equipment, machinery or apparatus thereon which the Sublessee elects so to do, and sublet, assign or re-let the Hospital Facilities or any part thereof from time to time for all or any part of the unexpired part of the term of this Sublease, or for a longer period, and the Sublessor may collect the rents from such re-letting or subletting and apply the same, first, to the payment of the expense of re-entry and re-letting, and secondly, to the payment of the rents payable hereunder. -52- WP146302-030/233 nn'7 art M W V Section 13 .05 . Damages in the Event of Termination. In the event of the termination of this Sublease by the Sublessor pursuant to subparagraph (a) of Section 13 . 02, the Sublessor shall be entitled to recover from the Sublessee all the rentals accrued and unpaid for the period up to and including such termination date, as well as all other additional rentals and other sums payable by the Sublessee, or for which the Sublessee is liable or in respect of which the Sublessee under any of the provisions hereof has agreed to indemnify the Sublessor, which may be than owing and unpaid, and all costs and expenses, including court costs and attorneys ' fees incurred by the Sublessor in the enforcement of its rights and remedies hereunder, and all damages incurred or suffered by the Sublessor. Section 13 . 06. Legal Proceedings. The Sublessor may, by mandamus, or other suit, action or proceeding at law or in equity to require the Sublessee to carry out the agreements and to perform its duties, under the Sublease. The Sublessor may also, by action or suit in equity, enjoy any acts or things which may be unlawful or in violation of the rights of the sublessor. section 13 .07. Receivership. Upon the filing of a bill in equity or other commencement of judicial proceedings to enforce the rights of the Sublessor, the Sublessor shall be entitled as a matter of right to the appointment of a receiver or receivers of the Sublessee' s Facilities, and of the rents, revenues, income, products and profits thereof, pending such proceedings, but, notwithstanding the appointment of any receiver, trustee or other custodian, the Sublessor shall be entitled to the possession and control of any cash, securities or other instruments at the time held by, or payable or deliverable under the provisions of this sublease to, the Sublessor. section 13 .08. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Sublessor is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Sublease or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Sublessor to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. -53- uF;a6302-030/233 v^A�M1"3 Section 13 .09 . Agreement to Pay Attorneys ' Fees and Expenses. In the event the Sublessee should default under any of the provisions of this Sublease and the Sublessor, the Authority or the Trustee should employ attorneys or incur other expenses for the collection of rent or the enforcement of performance or observance of any obligation or agreement on the part of the Sublessee herein contained, the Sublessee agrees that it will on demand therefor pay to such party the reasonable fees of such attorneys and such other expenses so incurred by the Sublessor, the Authority or the Trustee. ARTICLE XIV NO WAIVER Section 14 . 01. Time Is of the Essence. Time is of the essence, and both parties agree to perform their obligations in a timely manner. Section 14 .02. Delay. No delay or failure on the part of either party in exercising or enforcing any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege. Section 14 .03 . No Oral Waiver. No act done or thing said by either party or its agents or employees shall constitute a cancellation, termination or modification of this Sublease, or a waiver of any covenant, agreement or condition hereof, nor relieve either party from its obligation to pay the Rent reserved or other charges to be paid hereunder. Any waiver or release by either party and any cancellation, termination or modification of this Sublease, must be in writing signed by both parties. Section 14. 04 . No Additional Waiver Implied by One Waiver . In the event the breach of any agreement contained in this Sublease should be waived by either party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. Section 14 .05. Waiver of Stay or Extension Laws. The Sublessee covenants (to the extent that it may lawfully do so) that they will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants or the performance of this Sublease, the Lease or the Indenture; and the Sublessee hereby expressly waives all benefit or advantage of any such law, and covenants that it -54- wP146302-030/233 will not hinder, delay or impede the execution of any power herein granted to the Sublessee, the Authority or the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted. ARTICLE XV MISCELLANEOUS Section 15. 01. Relationship of Parties. Nothing contained in this Sublease shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent, or partnership or joint venture, or any association between Sublessor and Sublessee, and no provision contained in this Sublease, and no act of the parties hereto, shall be deemed to create any relationship between them other than the relationship of Sublessor and Sublessee. Section 15. 02. Rights and Remedies. The various rights, options, elections, powers and remedies contained in this Sublease shall be construed as cumulative, and no one of them shall be exclusive of any of the others, or of any other legal or equitable remedy which either party might otherwise have in the event of breach or default under the terms hereof, and the exercise of one right to remedy by such party shall not impair its right to any other right or remedy until all obligations imposed upon the other party have been fully performed. If any remedy shall be judged not to be enforceable by a court of competent jurisdiction, no other remedy shall be affected thereby. In addition to the other remedies provided for in this Sublease, Sublessor and Sublessee shall be entitled to restraint by injunction of the violation, or attempted or threatened violation, of any condition or provision of this Sublease, or to a decree specifically compelling performance of any such condition or provision. Section 15. 03. Further Cooperation. The parties shall execute and deliver in writing any instruments necessary to carry out any agreement, term, condition, or assurance in this Sublease or the Lease whenever such occasion shall arise and request for such instruments shall be made. Section 15. 04. Multiple Originals. This Sublease may be executed in several counterparts, each of which shall be deemed to be an original copy. Section 15. 05. Successors and Assigns. Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this Sublease shall be -55- wP146302-030/233 Ofl ' - s binding upon the successors and assigns of the parties hereto. The Bond insurer, the Bank, the Authority and the Trustee shall be third party beneficiaries of this Sublease and shall be entitled to enforce the provisions hereof against the parties hereto. Section 15. 06. Applicable Law. Validity and interpretation of this Sublease shall be determined according to the laws of the State of Colorado and performance of all covenants hereunder shall be in Weld County, Colorado. Section 15. 07. Reports and Records. If this Sublease is determined to be a contract between the provider and any of its contractors which is entered into after December 5, 1980 and the value or cost of which is $10,000 or more over a twelve (12) month period, Sublessor shall perform the obligations as may be from time to time specified for subcontractors in Social Security Act § 1861(v)(1)(I) and the regulations promulgated in implementation thereof (initially to be codified at 42 C.F.R. S 420.300 et seq. ) . Section 15. 08. Severability Provisions. If any term or provision of this Sublease or the application thereof to any person or circumstance shall to any extent, be invalid or unenforceable, the remainder of this Sublease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Sublease shall be valid and be enforced to the fullest extent permitted by law. Section 15.09. Arbitration. Any disagreement between the parties with respect to the interpretation or application of this Sublease or the obligations of the parties hereunder shall be determined by arbitration. Such arbitration shall be conducted, upon request of either the Sublessor or the Sublessee, before three arbitrators (unless the Sublessor or the Sublessee agree to one arbitrator) designated by the American Arbitration Association and in accordance with the rules of such Association. The arbitrators designated and acting under this Sublease shall make their award in strict conformity with such rules and shall have no power to depart from or change any of the provisions thereof. The expense of arbitration proceedings conducted hereunder shall be borne by the Sublessee. All arbitration proceedings hereunder shall be conducted in Weld County. Section 15. 10 . Approvals Prior to Sublease Commencement Date. The effectiveness of the Sublease on the Sublease Commencement Date shall be contingent upon the Sublessee -56- 92O wpi46302-030/233 having received what it believes to be all required approvals for the transactions described herein or on or before the Sublease Commencement Date. If Sublessee shall determine that it will be unable to receive all required approvals for the transactions described herein on or before the Sublease Commencement Date, sublessee shall, on or before the Sublease Commencement Date, give notice thereof to the Sublessor and this Sublease shall be deemed cancelled and of no force and effect. Section 15. 11. Environmental Representations and Covenants. The following representations are made by the Sublessee based upon the best knowledge, information, and belief of the Sublessee and the following covenants are hereby made by the Sublessee: (A) Underground fuel storage tanks are presently located in the Sublessee' s Facilities to store fuel oil for use in the boiler which provides heat and domestic hot water to the Sublessee's Facilities and to fuel backup emergency electric generators necessary to the operation of the Sublessee's Facilities. These tanks are, to the best information available to the Sublessee, presently exempt from regulation. (B) Asbestos was utilized in the construction of certain buildings included in the Sublessee' s Facilities. The Sublessee has abated asbestos when required by applicable statutes, ordinances, or regulations. The Sublessee agrees that it will continue to abate asbestos as required by applicable statutes, ordinances, or regulations, and in accordance therewith. (C) The Sublessee' s Facilities are utilized as an acute care allopathic hospital offering, or participating in, a broad spectrum of diagnostic, treatment, testing, educational, and research services and activities. These services and activities presently require the use, storage, transportation, processing, analysis, handling, and disposal of dangerous, toxic, infectious, and hazardous pollutants, chemicals, waste, materials, and substances including, but not limited to, formaldehyde, radioactive materials, carcinogens, petroleum products, bio-medical waste, body fluids, and other substances or materials which are, or may subsequently be, defined in or governed as hazardous substances (collectively "Hazardous Substances") by the provisions of federal, state, or local ordinances, codes, regulations, or laws (collectively "Environmental Laws" ) , and concerning which the owner or operator of -57- up146302-030/233 920 8 the Sublessee' s Facilities may be subject to damages, penalties, or liability under applicable federal, state, or local law, statute, code, ordinance, or regulation. The Sublessee will continue to, and reserves the right to use, store, handle, and dispose of any Hazardous Substances as are necessary or convenient to the diagnostic, treatment, testing, educational, and research services or activities of Sublessee' s Facilities as they presently exist or may hereafter be modified or expanded. The Sublessee covenants and agrees to use due diligence in complying with all Environmental Regulations relating to Hazardous Substances . (D) The Sublessee' s Facilities have not been used as or for a mine, a landfill, a dump, or other disposal facility, industrial or manufacturing facility, or as a gasoline service station. (E) No violation of any Environmental Regulation now exists relating to the Sublessee' Facilities, no notice of any violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Sublessee's Facilities by any governmental entity or agency which in any way relates to hazardous substances . (F) No person, party, or private or governmental agency or entity has given any notice of, or asserted any claim, cause of action, penalty, costs, or demand for payment or compensation, whether or not involved any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event relating to the Sublessee' s Facilities . (G) There are not now any actions, suits, proceedings, or damage settlements relating in any way to hazardous substances in, upon, under, over, or from, the Sublessee' s Facilities. (H) The Sublessee's Facilities are not listed in the United States Environmental Protection Agency' s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substances sits maintained by any federal, state, or local governmental agency; and -58- WP146302-030/233 2C n o (I) The Sublessee' s Facilities are not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of Hazardous Substances. (J) The Sublessee shall, upon the reasonable request of the Authority and Trustee, have an environmental review, audit, assessment and/or report relating to any or all of Sublessee' s Facilities performed, at Sublessee' s expense, by an engineer or scientist reasonably acceptable to the Authority and Trustee. The Sublessee shall indemnify the Authority and the Trustee against, shall hold the Authority and the Trustee harmless from, and shall reimburse the Authority and the Trustee for, any and all claims, demands, judgments, penalties, liabilities, costs, damages, and expenses, including court costs and attorneys ' fees directly or indirectly incurred by the Authority and the Trustee (prior to trial, at trial, and on appeal) in any action against or involving the Authority and the Trustee, resulting from any breach of the foregoing covenants, whether or not the Sublessee is responsible therefor , it being the intent of the Sublessee, the Authority, and the Trustee that the Authority and the Trustee shall have no liability or responsibility for damage or injury to human health, the environment or natural resources caused by, for abatement and/or clean-up of, or otherwise with respect to, hazardous substance by virtue of the interest of the Authority and the Trustee in the Sublessee' s Facilities or hereafter created, or as a result of the Authority or the Trustee exercising any of the rights or remedies with respect thereto hereunder or under any other instrument including, but not limited to, becoming the owner or lessor or sublessor thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations and covenants shall survive the satisfaction, release or termination of the Sublease. -59- WP146302-030/233 920'11 s IN WITNESS WHEREOF, this Sublease has been executed as of the date hereinabove first mentioned. [SEAL] BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER By Attest: President By Secretary [SEAL) NORTH COLORADO MEDICAL CENTER, INC. By Attest: Vice Chairman By Secretary -60- • WP146302-030/233 920 9 STATE OF COLORADO ] ss. CITY AND COUNTY OF DENVER J The foregoing instrument was acknowledged before me this day of January 1993, by , as President, and by , as Secretary, of the BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER, a body corporate. Witness my hand and official seal. [SEAL] Notary Public for the State of Colorado My Commission Expires: STATE OF COLORADO ] ss. CITY AND COUNTY OF DENVER ] The foregoing instrument was acknowledged before me this day of January 1993 by , as Vice Chairman, and by , as Secretary, of North Colorado Medical Center, Inc. , a corporation. Witness my hand and official seal. [SEAL] Notary Public for the State o£ Colorado My Commission Expires: -61- wP146302-030/233 Oflfl 1A).3 f EXHIBIT A DESCRIPTION OF HOSPITAL FACILITIES The parcels of real estate located in Weld County, Colorado, described as follows: A-1 � e'._9 WG146302-030/233 EXHIBIT B LEASED/PURCHASED ITEMS Lessor Description Date of Lease Colorado Health CAT Scanner 11/30/79 Facilities Corp. Concordia Corp. Family Practice Bldg. 05/15/83 Coulter Leasing Cell Counter, Recorder 05/01/80 and Printer Four-Phase Systems, Data Processing 06/08/83 Inc. Equipment Southwest Weld Keene Medical Clinic 01/19/84 Assoc. F Ofl ! 3 �:tifl B-1 WP146302-030/233 TAX REGULATORY AGREEMENT Among COLORADO HEALTH FACILITIES AUTHORITY, BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER, NORTH COLORADO MEDICAL CENTER, INC. and NORWEST BANK DENVER, N.A. , as Trustee Dated as of January 15, 1993 Executed as Part of the Proceedings for the Authorization and Issuance of: $63,010,000 Colorado Health Facilities Authority Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 WP146302-030/245 L3j 4 TAX REGULATORY AGREEMENT TABLE OF CONTENTS (This Table of Contents is for convenience of reference only and is not part of the Tax Regulatory Agreement. ) Page PARTIES 1 PREAMBLES AND RECITALS 1 ARTICLE I DEFINITIONS Section 1. 1 . Definitions 2 Section 1 .2. Reliance on Hospital and Corporation Information 12 ARTICLE II CERTAIN REPRESENTATIONS BY THE HOSPITAL, THE CORPORATION AND THE COUNTY Section 2. 1. Description of the Project 12 Section 2.2. Representations as to Qualified Hospital Facilities 12 Section 2.3 . Ownership of Project Financed with the Series 1993 Bonds 13 Section 2.4 . Subleasing of Project Financed with the Series 1993 Bonds 13 Section 2. 5. Representations as to 501(c)(3) Status of the Corporation 13 Section 2.6. Change in Use or Ownership of Project Financed with the Series 1993 Bonds 14 Section 2 .7. Representations by the Hospital and the Corporation for Purposes of IRS Form 8038 14 ARTICLE III USE OF SERIES 1993 BOND PROCEEDS Section 3 . 1 . Anticipated Use of Proceeds 16 Section 3 .2. Certification as to Costs of the Project 16 020':.111.3 WPI46302-030/245 Page ARTICLE IV ARBITRAGE Section 4 . 1 . Arbitrage Representations 17 Section 4 .2. Arbitrage Compliance 20 Section 4 .3 . Calculation of Rebate Amount 21 Section 4 .4 . Payment to United States 24 Section 4 . 5. Recordkeeping 24 Section 4 . 6. Rebate Analyst 25 ARTICLE V COMPLIANCE WITH CODE 26 ARTICLE Vi TERM OF TAX REGULATORY AGREEMENT 30 ARTICLE VII AMENDMENTS 30 ARTICLE VIII EVENTS OF DEFAULT, REMEDIES Section 8 . 1 . Events of Default 30 Section 8 .2. Remedies for an Event of Default 30 EXHIBIT A-1--Sources and Uses of Funds A-1-1 EXHIBIT A-2--Property Financed with Series 1993 Bonds . A-2-1 EXHIBIT B-1--Form of Dealer Certification of Bona Fide Bid Price of a Certificate of Deposit . . . . B-1-1 EXHIBIT B-2--Form of Dealer Certification for a Certificate of Deposit for Which No Active Secondary Market Exists B-2-1 EXHIBIT B-3--Form of Provider Certification for A Certificate of Deposit B-3-1 EXHIBIT B-4--Form of Provider Certification for an Investment Contract B-4-1 EXHIBIT B-5--Form of Authority Certification For A Certificate of Deposit Involving Three Bids B-5.1 EXHIBIT 8-6--Form of Authority Certification For An Investment Contract Involving Three Bids . 8-6-1 -ii- WP146302-030/245 O7CP, Ag • TAX REGULATORY AGREEMENT THIS TAX REGULATORY AGREEMENT is made and dated as of January 15, 1993 (this "Tax Regulatory Agreement" ) , by and among the COLORADO HEALTH FACILITIES AUTHORITY and its successors or assigns (the "Authority" ) , the BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER (the "Hospital") , NORTH COLORADO MEDICAL CENTER, INC. (the "Corporation") and NORWEST BANK DENVER, N.A. , as Trustee under the hereinafter defined Indenture (the "Trustee") (any capitalized term used in these recitals and preambles shall have the same meanings assigned thereto in Article I hereof. ) ; WITNESSET H: WHEREAS, the Authority has authorized the issuance of $63,010,000 aggregate principal amount of its Hospital Revenue Bonds (North Colorado Medical Center) , Series 1993 (the "Series 1993 Bonds" ) for the following purposes (collectively, the "Project") : (i) to crossover refund $40,700,000 of the Authority' s Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990 (the "Series 1990 Bonds") ; (ii) to renovate and replace portions of the hereinafter defined Hospital Facilities; (iii) to fund future capital expenditures in connection with the Hospital Facilities; and (iv) to finance the costs associated with the issuance of the Series 1993 Bonds; and WHEREAS, the Authority has determined that the issuance, sale and delivery of the Series 1993 Bonds is needed to finance the Project; and WHEREAS, this Tax Regulatory Agreement has been entered into by the Authority, the Hospital, the Corporation and the Trustee to ensure compliance with the provisions of the Internal Revenue Code of 1986, as amended, and the Regulations thereunder (the "Code" ) ; and e 1S : # 5 WP146302-030/245 � � WHEREAS, to ensure that interest on the Series 1993 Bonds will be and remain excludable from gross income under the Code, the restrictions listed in this Tax Regulatory Agreement must be satisfied; NOW THEREFORE, the Authority, the Hospital, the Corporation and the Trustee hereby agree as follows: ARTICLE I DEFINITIONS Section 1 . 1 . Definitions . The following words and phrases shall have the following meanings. Any capitalized word or term used herein but not defined herein shall have the same meaning given in the hereinafter defined Indenture. "Act" means the Colorado Health Facilities Authority Act, constituting Article 25, Title 25 of the Colorado Revised Statutes, as amended. "Authority" means the Colorado Health Facilities Authority, an independent body public and corporate constituting a public instrumentality, duly organized and validly existing pursuant to the laws of the State, particularly the Act. "Average Economic Life" means the average reasonably expected economic life of the Project financed with the proceeds of the Series 1993 Bonds as defined in Section 147(b) of the Code. "Average Maturity" means the average maturity of the Series 1993 Bonds as defined in Section 147(b) of the Code. "Bond Counsel" means the law firm or firms with expertise in public finance delivering their approving opinions with respect to the issuance of and the exclusion from federal income taxation of interest on the Series 1993 Bonds. "Bond Principal Fund" means the trust fund by that name established pursuant to the Indenture. "Bond Year" means the period commencing May 15 and terminating on May 14 of each calendar year during the term of the Series 1993 Bonds, except that the first Bond Year shall commence on the Date of Issuance and end on May 14, 1993 (unless a different period is required by the Regulations as hereinafter defined) . _2_ 020- - w146302-030/245 "Bond Yield" means the yield of the Series 1993 Bonds calculated in accordance with Section 1 . 148-3 of the Regulations (as hereinafter defined) . "Bonds" means the Series 1993 Bonds and any Additional Bonds issued pursuant to the Indenture. "Code" means the Internal Revenue Code of 1986, as amended. "Computation Date" means an Installment Computation Date or the Final Computation Date. "Computation Date Credit" means, for any Computation Date which is not less than one year after the preceding Computation Date for Rebate Amount or the Date of Issuance, the amount of $3,000 . 00 . "Corporation" means North Colorado Medical Center, Inc. , a Colorado nonprofit corporation, and its successors and assigns. "Costs of Issuance" means all costs incurred in connection with the issuance of the Series 1993 Bonds other than fees paid to or on behalf of credit enhancers. Examples of Costs of Issuance include (but are not limited to) : (a) underwriters' spread (whether realized directly or derived through purchase of the Series 1993 Bonds at a discount below the price at which a substantial number of the Series 1993 Bonds are sold to the public) ; (b) counsel fees (including bond counsel, underwriters ' counsel, issuer ' s counsel, hospital counsel, trustee's counsel, and any other specialized counsel fees incurred in connection with the issuance of the Series 1993 Bonds) ; (c) financial advisor fees incurred in connection with the issuance of the Series 1990 Bonds; (d) rating agency fees (except for any such fee that is paid in connection with or as part of the fee for credit enhancement of the Series 1993 Bonds; (e) trustee fees incurred in connection with the issuance of the Series 1993 Bonds; -3- -3146302-030/245 WJ � • • J (f) accountant fees incurred in connection with the issuance of the Series 1993 Bonds; (g) printing costs (for the Series 1993 Bonds and of the preliminary and final Official Statements) ; (h) costs incurred in connection with the required public approval process (e.g. , publication costs for public notices generally and costs of the public hearing) ; and (i) Authority fees incurred in connection with the issuance of the Series 1993 Bonds. "Costs of Issuance Fund" means the trust fund by that name created under the Indenture. "County" means Weld County, Colorado, a county constituting a political subdivision of the State of Colorado. "Date of Issuance" means February 10, 1993 . "Discharged" means, with respect to any Series 1993 Bond, the date on which all amounts due with respect to such Series 1993 Bond are actually and unconditionally due, if cash is available at the place of payment, and no interest accrues with respect to such Series 1993 Bond after such date. "Escrow Agreement" means the Escrow Agreement dated as of January 15, 1993, among the Authority, the Trustee, as trustee and as escrow agent, the Hospital and the Corporation. "Exempt Person" means any organization described in Section 5o1(c) (3) of the Code or the State or local governmental unit of the State. "Fair Market Value" means, in the case of an investment, the price at which a willing buyer would purchase the investment from a willing seller. If the investment is not readily salable, the fair market value shall be determined by taking into account the price at which a willing buyer would purchase the same (or a substantially similar) investment from the issuer of the investment. The price shall not be increased by brokerage commissions, administrative expenses or similar expenses. The price at which a willing buyer would purchase an investment that is traded in an established securities market (within the meaning of Section 15A.453-1(e) (4) ( iv) of the Regulations) shall generally be determined as provided in Section 20 .2031-2 of the Regulations (relating to estate tax) . The following guidelines shall apply for purposes of determining the Fair Market Value of the obligations described below: -4- A wP146302-030/245 o''he,.1,� (a) United States Treasury Obligations. In the case of an investment which is an obligation of the United States (or any agency or instrumentality thereof within the meaning of section 149(b) of the Code) and is backed by the full faith and credit of the United States (or any such agency or instrumentality) which is not purchased in a bona-fide arm' s-length transaction with a purchase price established without regard to the yield on such obligations, the Fair Market Value shall be the mean of the bid and asked prices on the date of determination (or, if there are no bid and asked prices on such date, on the first day preceding such date for which there are bid and asked prices) . The bid and asked prices shall be determined either by reference to "Composite Closing Quotations for United States Government Securities" published by the Federal Reserve Bank of New York or by reference to a comparable compilation of bid and asked prices regularly published in a newspaper of general circulation throughout the United States. In the case of a SLG, the Fair Market Value shall be determined pursuant to Section 1 . 148-2(d) (4) of the Regulations. (b) Certificates of Deposit. A certificate of deposit is an instrument that has a fixed interest rate, a fixed principal payment schedule, a fixed maturity and a substantial penalty for early withdrawal . The purchase of a certificate of deposit will be deemed to be an investment purchased at its Fair Market Value if the price at which it is purchased or sold is the bona fide bid price quoted by a dealer who maintains an active secondary market in such certificates of deposit. If there is no active secondary market in such certificates of deposit, the purchase of such certificate of deposit will be deemed to be an investment purchased at its Fair Market Value if (i) at least three bona fide bids are received from unrelated financial institutions, (ii) the certificate of deposit is purchased from the financial institution offering the highest Yield, (iii) the Yield on the certificate of deposit is not less than the Yield then currently available from the provider on comparable certificates of deposit offered to other persons from a source of funds other than gross proceeds of an issue of tax-exempt bonds and (iv) such Yield is not less than the Yield on reasonably comparable direct obligations of the United States. Notwithstanding anything stated previously in this subparagraph (b) , the purchase of a certificate of deposit will be at a Fair Market Value if it is established that the Yield on the certificate of -5- uP146302-030/245 O,70^ a,9 deposit is not less than the highest Yield that is published or posted by the provider to be currently available from the provider on comparable certificates of deposit offered to the public and such Yield is not less than the Yield on reasonably comparable direct obligations of the United States . (c) Investment Contracts. An investment contract is a contract which is not a certificate of deposit entered into for purposes of investing gross proceeds of tax-exempt obligations with a party other than the issuer or borrower of tax-exempt obligations at an interest rate or rates specified in the contract if all obligations under the investment contract are purchased at par and retired or redeemed at par plus accrued interest. An investment contract will be deemed to be an investment purchased at its Fair Market Value if (i) at least three bids on the investment contract from persons other than those with a material financial interest in the tax-exempt issue (e.g. , underwriters) are received, (ii) the Yield on the investment contract purchased is at least equal to the Yield offered under the highest bid received from an uninterested party, (iii) the Yield on the investment contract purchased is at least equal to the Yield offered on reasonably comparable investment contracts offered to other persons, if any, from a source of funds other than gross proceeds of an issue of tax-exempt bonds, (iv) the price of the investment contract purchased takes into account as a significant factor the issuer ' s expected drawdown for the funds to be invested (exclusive of float funds and reasonably required reserve or replacement funds) , (v) any collateral security requirements for the investment contract purchased are reasonable, based upon all facts and circumstances and (vi) the obligor on or provider of the investment contract purchased certifies as to the amount of administrative costs that are reasonably expected to be paid to third parties in connection with the investment contract. For purposes of establishing the Fair Market Value of such an investment contract, administrative costs of the investment contract include brokerage or selling commissions paid by or on behalf of the issuer or borrower of the tax-exempt obligations or the obligor on or provider of the investment contract, legal and accounting fees, investment advisory fees, recordkeeping, safekeeping, custody and other similar costs or expenses. The investment contract may be purchased from an obligor or provider that has a material financial interest in the tax-exempt issue only -6- WP146302-030/245 if the Yield on the investment contract is at least as high as the highest-yielding investment contract for which a qualifying bid is made. Notwithstanding anything stated previously in this subparagraph (c) , the purchase of any investment contract will be at Fair Market Value if the investment contract has a term of six months or less, the investment contract is traded on an established securities market (within the meaning of Section 15A.453-1(e)(4)(iv) or the Yield (including administrative fees) on the investment contract is more than 1/4% ( . 25%) below the Yield on the Series 1993 Bonds and such investment contract is not entered into for the purpose of offsetting arbitrage earned or to be earned on other investments of gross proceeds. "Final Computation Date" means the date the last Series 1993 Bond is Discharged. • "Future Value" means the future value of a Receipt or Payment at the end of any interval as determined by the following formula: FV = PV(1+i)n where: FV = The future value of the Receipt or Payment at the end of the interval. Each interval ends on the last day of a compounding interval. The compounding interval is the same compounding interval used in computing the Yield on the Series 1993 Bonds. PV = The future value of the Receipt or Payment at the beginning of the interval, or the amount thereof if the computation is for the first interval. The first interval begins on the date the Receipt or Payment is actually or constructively received or paid (or otherwise is taken into account) . The amount of every Receipt and Payment with respect to an issue that is taken into account at the beginning of the first interval may be rounded to the nearest whole dollar. The preceding sentence shall not apply to Receipts and Payments with respect to investments in a restricted escrow within the meaning of Section 1. 148-8(g) of the Regulations . i = The Yield on the Series 1993 Bonds during the interval (expressed as a decimal) divided by the number of compounding intervals in a year. -7- wP146302-030/245 One^ A 3 n = A fraction, the numerator of which is the length of the interval and the denominator of which is the length of a whole compounding interval . "Gross Proceeds" means amounts (net of the underwriter' s spread) received as the Issue Price of the Series 1993 Bonds, amounts in any reserve or replacement fund for the Series 1993 Bonds and any amounts received from the investment of such amounts. "Hospital" means the Board of Trustees for North Colorado Medical Center, a body corporate, created and appointed by the Board of County Commissioners of the County, pursuant to authority vested in the County by Part 3, Article 3 of Title 25, Colorado Revised Statutes, and its successors and assigns. "Hospital Facilities" means the Land and the health care buildings and structures located on the Land, which constitute the North Colorado Medical Center owned by the Weld County, Colorado and operated by the Corporation, pursuant to an Operating Sublease, dated March 8, 1985, between the Hospital and the Corporation, as amended and restated by an Amended and Restated Operating Sublease, an Agreement, dated April 27, 1988, between the Hospital and the Corporation, a Second Amended and Restated Operating Sublease, dated as of November 1, 1990, between the Hospital and the Corporation and a Third Amended and Restated Operating Sublease, dated as of January 15, 1993, between the Hospital and the Corporation. "Indenture" means the Trust Indenture, dated as of December 1, 1985, between the Authority and the Trustee, as amended and supplemented, including the First Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee, the Second Supplemental Trust Indenture, dated as of November 1, 1990, between the Hospital and the Corporation and a Third Supplemental Trust Indenture, dated as of January 15, 1993, between the Authority and the Trustee. "Installment Computation Date" means the last day of the fifth Bond Year and each succeeding fifth Bond Year . "Interest Fund" means the trust fund by that name established pursuant to the Indenture. "Issue Price" means $ "Land" means the real estate described in Exhibit A to the Indenture. -8- wP146302-030/245 e4" . "Lease" means the Lease, dated as of December 1, 1985, between the Authority and the Hospital and accepted and approved by the County, as amended and supplemented, including the Agreement, dated April 27, 1988, among the Authority, the Trustee, the County, the Hospital and the Corporation, the First Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County, the Second Supplemental Lease, dated as of November 1, 1990 between the Authority and the Hospital and accepted and approved by the County and the Third Supplemental Lease, dated as of January 15, 1993, between the Authority and the Hospital and accepted and approved by the County. "Net Sale Proceeds" means the Issue Price less amounts that (a) represent the accrued interest received from the sale of the Series 1993 Bonds, (b) are part of any reasonably required reserve or replacement fund, or (c) are used to pay capitalized interest within the meaning of Section 1. 148-8(d) (6) (ii) of the Regulations. "Nonpurpose Investment" means any security, obligation, annuity contract, or investment type property as defined in Section 148(b) of the Code, including "specified private activity bonds" as defined in Code Section 57(a)(5) , but excluding all other obligations the interest on which is excludible from federal gross income. The term "Nonpurpose Investment" does not include the Hospital 's obligation to make payments to the Trustee pursuant to the provisions of the Lease. "Payments" mean, with respect to investments allocated to the Series 1993 Bonds, the amount of Gross Proceeds of the Series 1993 Bonds to which the investment is allocated directly used to purchase the investment. Payments do not include brokerage commissions, administrative expenses or similar expenses. An investment that was not directly purchased with Gross Proceeds of the Series 1993 Bonds shall be treated as if directly purchased with such Gross Proceeds for Fair Market Value on the date allocated to the Series 1993 Bonds . Any payment of rebatable arbitrage to the United States with respect to the Series 1993 Bonds is a Payment. "Prohibited Payment Transaction" means either (i) any transaction to reduce the yield on the investment of Gross Proceeds of the Series 1993 Bonds in such a manner that the amount to be rebated to the United States pursuant to Article IV hereof is less than it would have been had the transaction been at arm' s-length and had the yield on the issue not been relevant to either party or ( ii) any transaction described in the Regulations (as hereinafter defined) as giving rise to imputed receipts (as defined in such Regulations) . -9- WP146302-030/245 3? "Project" means the project described in the preambles hereof and financed with the proceeds of the Series 1993 Bonds . "Rebate Amount" means the excess of the Future Value of all Receipts with respect to the investments in Nonpurpose Investments allocated to the Gross Proceeds of the Series 1993 Bonds over the Future Value of all the Payments with respect to such Nonpurpose Investments. Future Value is computed as of the Computation Date. The Rebate Amount payable after the Final Computation Date shall include income attributable to the rebatable arbitrage from the Final Computation Date until the date which is 15 days before the final rebate is paid, unless such income is less than $300. 00 and such Rebate Amount is paid to the United States no later than 60 days after the Final Computation Date. For purposes of the preceding sentence, to the extent that the Rebate Amount was not identified or invested, the income attributable to the rebatable arbitrage shall be the amount that would have been earned if such amounts had been so identified and were invested during the period described in the preceding sentence at a rate equal to the maximum interest rate (with interest compounded and added to principal semiannually) in effect on the final computation date for a SLG with a term equal to the longer of (i) such period or ( ii) 30 days. "Rebate Analyst" shall mean KRC Resources, Inc. , or if KRC Resources, Inc . is no longer retained by the Authority for such services a firm with recognized expertise in the area of rebate calculation, to make such calculations, chosen by the Corporation and reasonably acceptable to the Trustee and the Authority. "Receipts" means, with respect to an investment allocated to the Series 1993 Bonds, any amount actually or constructively received with respect to the investment. Receipts are not reduced by selling commissions, administrative expenses or similar expenses. An investment that ceases to be allocated to the Series 1993 Bonds other than by reason of a sale or retirement shall be treated as if sold on the date of such cessation for Fair Market Value. The Fair Market Value of all Nonpurpose Investments allocated to the Series 1993 Bonds at the close of business on the Computation Date shall be taken into account as a Receipt as of such date. The preceding sentence may be applied on any Installment Computation Date to all fixed rate investments by substituting "present value" for "Fair Market Value" and applying the computation described in Section 1. 148-2 of the Regulations . Any amounts returned by the United States as an -10- uP146302-030/245 • overpayment of the Rebate Amount are treated as receipts. Any imputed receipts (as determined pursuant to Section 1 . 148-5 of the Regulations) are treated as receipts. "Regulation" or "Regulations" means the temporary, proposed or final Income Tax Regulations promulgated by the Department of the Treasury and applicable to the Series 1993 Bonds, including Sections 1 . 148-0 through 1. 148-9, 1 . 149(d)-1 and Sections 1 . 150-0 and 1 . 150-1 relating to arbitrage rebate compliance. "Reserve Fund" means the trust fund by that name created in the Indenture. The Additional Bonds Account of the Reserve Fund will not be funded except as provided in the Indenture. "Series 1990 Bonds" means the "Colorado Health Facilities Authority, Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990" authenticated and delivered pursuant to the Indenture. "Series 1993 Bonds" means the "Colorado Health Facilities Authority, Hospital Revenue Bonds (North Colorado Medical Center) Series 1993" to be authenticated and delivered pursuant to the Indenture. "Series 1993 Investment Instructions" means the letter of instructions set forth as an exhibit to the No Arbitrage Certificate of the Authority dated the date of the initial delivery of the Series 1993 Bonds. "Series 1993 Project Fund" means the trust fund by that name created under the Indenture. "Series 1993 Rebate Fund" means the trust fund by that name created under the Indenture. "SLGS" means United States Treasury Certificates of Indebtedness--State and Local Government Series. "State" means the State of Colorado. "Tax Regulatory Agreement" means this Tax Regulatory Agreement. "Trustee" means Norwest Bank Denver, N.A. , Denver, Colorado, a national banking association duly established, existing and authorized to accept and execute trusts under and by virtue of the laws of the United States, as successor trustee to United Bank of Denver National Association and IntraWest Bank of Greeley, N.A. , and its successors and assigns. -11- VlW .r WP746302-030/245 "Yield" or "yield" means, except as specifically modified herein, that yield with semiannual compounding which when used in computing the present worth of all payments of principal and interest on an obligation produces an amount equal to its purchase price. For example, if an investment of $100 for one year results in a payment of $110.25 exactly one year later, then the yield to maturity of the investment, based on semiannual compounding, is 10% because the future payment of $110 .25 when discounted at 10% compounded semiannually equals the purchase price of $100. Section 1 .2 . Reliance on Hospital and Corporation Information. Bond Counsel and the Authority shall be permitted to rely, after due inquiry, upon the contents of any certification, document or instructions provided pursuant to or contained in this Tax Regulatory Agreement and shall not be responsible or liable in any way for the accuracy of their contents or the failure of the Hospital or the Corporation to deliver any required information. ARTICLE II CERTAIN REPRESENTATIONS BY THE HOSPITAL, THE CORPORATION AND THE COUNTY Section 2. 1 . Description of the Project. The Hospital and the Corporation hereby represent and warrant for the benefit of the Authority, the Trustee and the owners of the Series 1993 Bonds that the description of the Project set forth in the Lease is true and accurate. Section 2.2 . Representations as to Qualified Hospital Facilities . The Hospital and the Corporation represent that: (a) The Hospital Facilities, including the Project, are facilities which are or will be used as facilities (i) accredited by the Joint Commission on Accreditation of Hospitals, (ii) primarily used to provide, by or under the supervision of physicians, to inpatients diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons, (iii) that have a requirement that every patient be under the care and supervision of a physician, and (iv) that provide 24-hour nursing services rendered or supervised by a registered professional nurse and has a licensed practical or registered nurse on duty at all times. (b) The Hospital Facilities, including the Project, do not include facilities which are rest or nursing homes, daycare centers, medical school facilities, research laboratories or surgi-centers. -12- WP146302-030/245 (c) The Hospital Facilities, including the Project, do not include any facility used partially as a non-hospital related facility, such as a laboratory which provides both in-patient hospital services and services to private physicians. (d) The Hospital Facilities, including the Project, do not include any airplanes, skybox or private luxury box, facilities primarily used for gambling or stores the principal business of which is the sale of alcoholic beverages for consumption off premises. (e) Any health club facility which may become part of the Hospital Facilities, including the Project, will be used directly for purposes qualified under the Hospital ' s 501(c) (3) status under the code. Section 2 .3 . Ownership of Project Financed with the Series 1993 Bonds . The County, a political subdivision of the State, currently holds title to the Hospital Facilities and will, upon completion, hold title to the Project. The Hospital Facilities, including the Project, have been leased to the Authority pursuant to a Ground Lease, dated as of December 1, 1985, as amended, and as further amended and supplemented by a First Supplemental Ground Lease, dated as of November 1, 1990 (collectively, the "Ground Lease") . The Hospital Facilities, including the Project, have been leased by the Authority to the Hospital pursuant to the Lease. Section 2.4 . Subleasing of Project Financed with the Series 1993 Bonds . The Hospital represents that it is a body corporate, created and appointed by the Board of County Commissioners of the County pursuant to the authority vested in the County by Part 3, Article 3 of Title 25 of the Colorado Revised Statutes and that the Hospital has sublet the Hospital Facilities, including the Project, to the Corporation pursuant to an Operating Sublease, dated March 8, 1985, as amended and restated by an Amended and Restated Operating Sublease, between the Hospital and the Corporation, a Second Amended and Restated Operating Sublease, dated as of November 1, 1990, between the Hospital and the Corporation and a Third Amended and Restated Operating Sublease, dated as of January 15, 1993, between the Hospital and the Corporation. Section 2 . 5 . Representations as to 501(c) (3) Status of the Corporation. As of the date of this Tax Regulatory Agreement, the Corporation is an organization described in Section 501(c) (3) of the Code which is not a "private foundation" as defined in Section 509(a) of the Code, has received a letter from the Internal Revenue Service to that -13- W146302-030/245 Cl,ye g effect, such letter has not been modified, limited or revoked, the Corporation has and is in compliance with all terms, conditions, and limitations, if any, contained in such letter, the facts and circumstances which form the basis of such letter as represented to the Internal Revenue Service continue substantially to exist, and the Corporation is exempt from federal income taxation under Section 501(a) and Section 501(c)(3) of the Code and agrees that it shall not perform any acts or enter into any agreement which shall adversely affect such federal income tax status nor shall it carry on or permit to be carried on in respect to the Hospital Facilities, including the Project, or permit its Hospital Facilities, including the Project, to be used in or for any trade or business or by any person if such activity would adversely affect the federal income tax status of interest on the Series 1993 Bonds or if such activity would adversely affect the Corporation' s federal income tax status under Section 501(c)(3) of the Code. Section 2. 6. Change in Use or Ownership of Project Financed with the Series 1993 Bonds. The Authority expects the County to own the Hospital Facilities, including the Project, for the term of the Series 1993 Bonds and will not agree to the sale or disposition of the Hospital Facilities or the Project without receiving an opinion of Bond Counsel that such sale shall not adversely affect the exclusion of interest on the Series 1993 Bonds from gross income for federal tax purposes. (The restriction on sale shall not, however, apply to the sale or other disposition of such minor parts or portions of the Hospital Facilities, including the Project, as may be necessary to normal wear and tear and obsolescence. ) The Hospital and the Corporation represent that the Hospital Facilities, including the Project will be used in pursuit of the Corporation' s 501(c)(3) purpose and will continue to be so leased and used as long as the Series 1993 Bonds are outstanding. The Authority, Hospital and the Corporation recognize that a change in use or ownership could result in gross income from an unrelated trade or business or the denial of an interest deduction under Section 150 of the Code. Section 2 . 7. Representations by the Hospital and the Corporation for Purposes of IRS Form 8038. Section 149(e) of the Code requires as a condition to qualification for tax-exemption that the Authority provide to the Secretary of the Treasury certain information with respect to the Series 1993 Bonds and the application of the proceeds derived therefrom. The following representations of the Hospital and the Corporation will be relied upon by the Authority and Bond Counsel in satisfying this information reporting -14- WP 146302-030/245 t,`�,,Q' J requirement. Accordingly, the Hospital and the Corporation hereby represent, covenant, and warrant to the best of their knowledge, for the benefit of the Authority and Bond Counsel the truth and accuracy of (c) through (x) below and reasonably anticipates that the type of property financed with proceeds of the Series 1993 Bonds will be as set forth in (v) , (w) and (x) below: (a) Authority's employee identification number 84-075293 (b) Number of 8038 reports previously filed by the Authority this calendar year (c) Issue price of the Series 1993 Bonds $ (d) Proceeds used for Accrued Interest $_ (e) Costs of Issuance (including Underwriters' Discount) $ (f) Reasonably required reserve Fund Deposits $ -0- (g) Proceeds used for Credit Enhancement $ (h) Proceeds used to refund prior issues $ (i) Nonre£unding Proceeds $ (j ) Date of final maturity of the Series 1993 Bonds May 15, 2020 (k) Interest Rate on the final maturity of the Series 1993 Bonds (1) Issue price of the final maturity of the Series 1993 Bonds $ (m) Issue price on the entire issue of the Series 1993 Bonds $ (n) Stated redemption price at maturity of the final maturity of the Series 1993 Bonds $ (o) Stated redemption price at maturity of the entire issue of the Series 1993 Bonds $ (p) Weighted average maturity of the entire issue of the Series 1993 3onds years -15-- WP146302-030/245 ern{: (q) Yield on the entire issue of the Series 1993 Bonds (r) Net interest cost for the entire issue of the Series 1993 Bonds (s) Remaining weighted average maturity of the Series 1990 Bonds _ years (t) Last date on which Series 1990 Bonds will be called (u) Dates Series 1990 Bonds were issued November 6, 1993 (v) The Standard Industrial Classification Code(s) for the Series 1990 Bonds Property is 8062 (w) The Standard Industrial Classification Code(s) for the Project is 8062 (x) Type of Project Financed with Nonrefunding Proceeds of the Series 1993 Bonds ( i) Land $ (ii) Building Structures (iii) Equipment with an ACRS life of more than five years (iv) Equipment with an ACRS life of less than five years TOTAL $ ARTICLE III USE OF SERIES 1993 BOND PROCEEDS section 3 . 1 . Anticipated Use of Proceeds. The Hospital and the Corporation covenant, represent and warrant for the benefit of the Authority and the Trustee that they reasonably anticipate that the proceeds of the Series 1993 Bonds will be used in the manner set forth in Exhibit A-2 hereto. Section 3 .2. Certification as to Costs of the Project. The Hospital and the Corporation hereby certify, with respect to the amounts shown in Exhibits A-2, that such amounts consist only of costs which are directly related to and necessary for the financing of the Project. -16- WP146302-030/245 acre^ � S ARTICLE IV ARBITRAGE Section 4 . 1 . Arbitrage Representations. Pursuant to the issuance of the Series 1993 Bonds, the Corporation hereby represents, certifies and warrants as follows: (a) The Corporation has entered into a contract with a third party for construction of the Project obligating an expenditure in excess of $100,000. (b) The construction of the Project will proceed with due diligence to completion. All of the proceeds of the Series 1993 Bonds for the Project are reasonably expected to be expended on costs of the Project within three years of the date of issuance of the Series 1993 Bonds. (c) The Authority reasonably expects that 85% of the spendable proceeds of the Series 1993 Bonds will be used to complete the Project by February 9, 1996 and not more than 50% of the proceeds of the Series 1993 Bonds will be invested in Nonpurpose Investments having a substantially guaranteed yield for four years or more. (d) Money deposited in the Bond Principal Fund will be used to pay the principal of and premium, if any, on the Series 1993 Bonds and money deposited in the Interest Fund will be used to pay interest on the Series 1993 Bonds. (e) Any money deposited in the Bond Principal Fund, the Interest Fund and the Optional Redemption Fund (other than amounts deposited in the Interest Fund as prefunded interest) will be spent within a 13-month period beginning on the date of deposit, and any amount received from the investment of money held in the Bond Principal Fund, the Interest Fund or the Optional Redemption Fund (other than amounts deposited in the Interest Fund as prefunded interest) will be spent within a one-year period beginning on the date of receipt. The Bond Principal Fund, the Interest Fund and the Optional Redemption Fund will each be completely depleted on May 15 of each year, beginning May 15, 1993, except for a carryover amount which will not exceed the greater of (i) one year ' s earnings on the Bond Principal Fund, the Interest Fund and the Optional Redemption Fund, or (ii) one-twelfth of annual debt service on the Series 1993 Bonds . For the reason that earnings on -17- v^:� A r1 4p146302_030/245V .7 moneys in the Bond Principal Fund, the Interest Fund and the Optional Redemption Fund are expected to be, collectively, less than $100,000, such moneys may be invested without regard to yield limitation and, if the earnings are less than $100,000, are not subject to the rebate requirements in this Article (other than earnings on pre£unded interest, if any) . Any moneys in the Bond Principal Fund, Interest Fund or Optional Redemption Fund that are to be held in excess of 13 months after the date of deposit are to be invested at no more than the Yield on the Bonds to which such moneys are allocated and shall be used to determine the rebate requirements described in this Article. The Corporation will direct the Trustee to take any and all actions provided for by the Indenture and this Tax Regulatory Agreement in order to effectuate this subsection. (f) The Additional Bond Account of the Reserve Fund will not be initially funded on the Date of Issuance. Any money later deposited to the Additional Bonds Account of the Reserve Fund may be invested in obligations without regard to investment yield limitation on such obligations as long as such amount does not exceed the lesser of ( i) 125% of the average annual debt service on the Series 1990 Bonds and the Series 1993 Bonds, (ii) maximum annual debt service on the Series 1992 Bonds and the Series 1990 Bonds or (iii) 10% of the proceeds of the Series 1992 Bonds and the Series 1990 Bonds; however, subject to the exclusion described in Section 4 .2 hereof, such amounts are subject to the rebate requirements in this Article. Amounts in excess of the limitations described in the preceding sentence and allocated to the Series 1993 Bonds must be invested in obligations that bear a Yield not in excess of the Yield on the Series 1992 Bonds. (g) The amount that is invested at an unrestricted yield is to be determined by adding together the purchase price of all obligations acquired with moneys on deposit . If an obligation is purchased at a discount, the amount of the discount must be ratably included for each year the obligation is held and added to the purchase price of the obligation. (h) Series 1993 Bond proceeds deposited in the Series 1993 Cost of Issuance Fund will be used to pay all expenses incurred in connection with the issuance of the Series 1993 Bonds. Any amount remaining in the Series 1993 Cost of Issuance Fund after payment of such -18- ^ e l,19 WP146302-030/245 costs and upon a certificate of payment of all costs being provided according to the Indenture, such moneys shall be transferred to the Hospital . Until February 9, 1996 such proceeds may be invested without regard to yield limitation but are subject to the rebate requirements in this Article IV. (i) The Gross Proceeds deposited in the Series 1993 Project Fund may be invested without regard to investment yield limitation until February 9, 1996, and thereafter at a yield no greater than one-eighth percent (1/8%) above the Yield on the Series 1993 Bonds. All earnings are to be used to determine the rebate requirement, if any, described in this Article. (j ) Series 1993 Bond proceeds deposited to the Escrow Fund will be invested pursuant to the terms and provisions of the Escrow Agreement. The Escrow Agreement provides for the purchase of certain open market securities described in the Escrow Agreement which do not in the aggregate bear a Yield in excess of the Yield on the Series 1993 Bonds. (k) Moneys deposited in the Series 1993 Rebate Fund established pursuant to the Indenture and the investments thereon may be invested at a Yield which exceeds the Yield on the Series 1993 Bonds. (1) Investment earnings from the investment of any proceeds of the Series 1993 Bonds may be invested without regard to investment yield limitation for a one year period from the date of receipt and at the Yield on the Series 1993 Bonds thereafter until spent. All such earnings are to be used to determine the rebate requirement described in this Article. (m) In connection with the Series 1993 Bonds, there has not been created or established and neither the Hospital nor the Corporation expects that there will be created or established, any sinking fund, pledged fund or similar fund (other than as specifically identified in the Indenture) , including without limitation any arrangement under which money, securities or obligations are pledged directly or indirectly to secure the Series 1993 Bonds or any contract securing the Series 1993 Bonds or any arrangement providing for compensating or minimum balances to be maintained by the Hospital or the Corporation with any registered owner of the Series 1993 Bonds. -19- ma146302-030/245 n20^, ,•S (n) All funds and accounts established pursuant to the Indenture will be invested pursuant to the No Arbitrage Certificate executed by the Authority on the date of issuance of the Series 1993 Bonds and the Series 1993 Investment Instructions delivered to the Hospital and the Corporation on the date of issuance of the Series 1993 Bonds. (o) The Corporation will not enter into and will not direct the Trustee to enter into any Prohibited Payment Transaction. If the Corporation directs the Trustee to invest any of the Gross Proceeds in certificates of deposit or pursuant to an investment contract, the Corporation will obtain and provide to the Trustee certifications in the form attached hereto as Exhibit B. which shall be evidence of the Pair Market Value of such investments and of the lack of any Prohibited Payment Transaction. Section 4 .2 . Arbitrage Compliance. The Corporation, the Hospital and the Authority acknowledge that the continued exclusion of interest on the Series 1993 Bonds from gross income of the recipients thereof for purposes of federal income taxation depends, in part, upon compliance with the arbitrage limitations imposed by Section 148 of the Code, including the rebate requirement described in Section 4.3 below. The Corporation, the Hospital and the Authority hereby agree and covenant that they shall not permit at any time or times any of the proceeds of the series 1993 Bonds or other funds of the Hospital or the Corporation to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the Series 1993 Bonds to be "arbitrage bonds" for purposes of Section 148 of the Code. The Hospital and the Corporation further agree and covenant that they shall do and perform all acts and things necessary in order to ensure that the requirements of Section 148 of the Code and the Regulations are met. To that end, the Corporation shall retain, at its own expense, the Rebate Analyst to make such determinations and calculations as may be necessary in order to ensure that the Hospital and the Corporation take the actions described in Sections 4 .3 through 4. 7 below with respect to the investment of Gross Proceeds on deposit in the funds and accounts established under the Indenture. The Corporation shall direct the Trustee to make the required transfers and dispositions described in Sections 4.3 and 4 .4 hereof and the Trustee may rely upon information provided by the Corporation. -20- WP146302-030/245 QV Section 4.3. Calculation of Rebate Amount. (a) Section 148(f) of the Code requires the payment to the United States of the excess of the amount earned on the investment of Gross Proceeds in Nonpurpose Investments over the amount that would have been earned on such investments had the amount so invested been invested at a rate equal to the Yield on the Series 1993 Bonds, together with any income attributable to such excess. Except as provided below, the Bond Principal Fund, the Interest Fund, the Cost of Issuance Fund, the Reserve Fund, the Series 1993 Project Fund, the Series 1993 Rebate Fund and all other funds or accounts treated as containing Gross Proceeds, are subject to this rebate requirement. (b) In accordance with the requirements set out in the Code and pursuant to the Indenture, the Authority has created the Series 1993 Rebate Fund, to be held by the Trustee, in its capacity as Trustee under the Indenture, and used as provided in this Section. (i) On or before 25 days following each Computation Date, upon the Corporation's written direction, an amount shall be deposited to the Series 1993 Rebate Fund by the Trustee from source or sources stated in such direction so that the balance of the Series 1993 Rebate Fund shall equal the aggregate Rebate Amount as of such Computation Date. (ii) Amounts deposited in the Series 1993 Rebate Fund shall be invested in accordance with the Series 1993 Investment Instructions by the Trustee at the written direction of the Corporation. (iii) All money at any time deposited in the Series 1993 Rebate Fund shall be held by the Trustee, to the extent required by this Tax Regulatory Agreement and the Indenture, for payment to the United States of America of the rebate amount. All amounts deposited into or on deposit in the Series 1993 Rebate Fund shall be governed by this Tax Regulatory Agreement. (iv) For purposes of crediting amounts to the Series 1993 Rebate Fund or withdrawing amounts from the Series 1993 Rebate Fund, Nonpurpose Investments shall be valued in the manner provided in this Article. -21- wG146302-030/245 �\,_a rfJ (c) In order to meet the rebate requirement of Section 148(f) of the Code, the Trustee (or the Rebate Analyst described in Section 4. 6 hereof) and the Corporation agree and covenant to take the following actions: (i) For each investment of amounts held with respect to the Series 1993 Bonds in the (A) the Bond Principal Fund, (B) the Interest Fund, (C) the Optional Redemption Fund, (D) the Reserve Fund, (E) the Series 1993 Cost of Issuance Fund, (F) the Series 1993 Project Fund, and (G) the Series 1993 Rebate Fund, the Trustee shall record the purchase date of such investment, its purchase price, accrued interest due on its purchase date, its face amount, its coupon rate, its Yield, the frequency of its interest payment, its disposition price, accrued interest due on its disposition date and its disposition date. The Yield for an investment shall be calculated by using the method set forth in the Regulations. (ii) For each Computation Date, the Rebate Analyst described in Section 4.6 hereof shall compute the Yield on the Series 1993 Bonds as required by the Regulations based on the definition of issue price contained in Section 148(h) of the Code and the Regulations. Should Series 1993 Bonds be redeemed earlier than their scheduled maturity, the Corporation should seek advice of Bond Counsel or other rebate expert to recompute the Yield on the Series 1993 Bonds as required by the Regulations based on the definitions of issue price contained in Section 148(h) of the Code using payments or prepayments of the principal of, premium, if any, and interest on the Series 1993 Bonds required by the Regulations. For purposes of this Tax Regulatory Agreement the initial offering price to the public (not including bond houses and brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which a substantial amount of the Series 1993 Bonds were sold is $ . Any reasonable amounts paid for credit enhancement have been and may generally be treated as interest on the Series 1993 Bonds for purposes of Yield Computation to the extent permitted by the Regulations. (iii) Subject to the special rules set forth in paragraphs (iv) , (v) and (vi) below, the Rebate Analyst described in Section 4.6 hereof shall —22— WP146302-030/245 determine the amount of earnings received on all Nonpurpose Investments described in paragraph (i) above, for each Computation Date. In addition, where Nonpurpose Investments are retained by the Trustee after retirement of the Series 1993 Bonds, any unrealized gains or losses as of the date of retirement of the Series 1993 Bonds must be taken into account in calculating the earnings on such Nonpurpose Investments to the extent required by the Regulations. (iv) In determining the amount of any rebate computed pursuant to this section, all earnings on any bona fide debt service fund (including the Bond Principal Fund, the Interest Fund and the Optional Redemption Fund) shall not be taken into account for any Bond Year during which the gross earning on such fund total less than $100,000 and such computation shall take into account the "universal cap" applicable to the Series 1993 Bonds as required by the regulations. (v) For each Computation Date, the Rebate Analyst shall calculate for each investment described in paragraphs (i) and (iii) above, an amount equal to the earnings which would have been received on such investment at an interest rate equal to the Yield on the Series 1993 Bonds as described in paragraph (ii) above. The method of calculation shall follow that set forth in the Regulations. (vi) For each Computation Date, the Rebate Analyst shall determine the amount of earnings received on all investments held in the Series 1993 Rebate Fund for the Computation Date. The method of calculation shall follow that set forth in the Regulations . (vii) For each Computation Date, the Rebate Analyst shall calculate the Rebate Amount by any appropriate method to be described in the Code and Regulations applicable or which become applicable to the Series 1993 Bonds. The determination of the Rebate Amount shall account for the amount (to be rounded down to the nearest multiple of $100) equal to the sum of all amounts determined in paragraph ( iii) , all amounts determined in paragraphs (v) and (vi) , and less any amount which has previously been paid to the United States pursuant to Section 4.4 below, -23- 6O146302-030/245 ¶30 9 (vii) If the Rebate Amount exceeds the amount on deposit in the Series 1993 Rebate Fund, the Corporation shall immediately pay such amount to the Trustee for deposit into the Series 1993 Rebate Fund. Section 4 .4 . Payment to United States. (a) Not later than sixty (60) days after the end of the Computation Date (or such longer period as may be permitted by the Regulations) , the Trustee shall pay to the United States ninety percent (90%) of the Rebate Amount required to be on deposit in the Series 1993 Rebate Fund as of such payment date. No later than sixty (60) days after the final Computation Date the Trustee shall pay to the United States one hundred percent (100%) of the balance remaining in the Series 1993 Rebate Fund. (b) The Trustee shall mail each payment of an installment to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. Each payment shall be accompanied by a copy of the Form 8038 filed with respect to the Series 1993 Bond issue, Internal Revenue Form 8038-T, and, if necessary, the statement summarizing the determination of the Rebate Amount. (c) If on any Computation Date, the aggregate amount earned on Nonpurpose Investments in which the Gross Proceeds of the Series 1993 Bonds are invested is less than the amount that would have been earned if the obligations had been invested at a rate equal to the Yield on the Series 1993 Bonds as determined in Section 4 .3, such deficit may at the written request of the Corporation be withdrawn from the Series 1993 Rebate Fund and paid to the Corporation or as the Corporation shall direct . The Corporation may direct that any overpayment of rebate may be recovered from any Rebate Amount previously paid to the United States under any procedure that may, after the date of this Tax Regulatory Agreement, be permitted by the Code or the Regulations. Section 4 .5 . Recordkeepinq. In connection with the rebate requirement, the Corporation and the Trustee shall maintain the following records: (a) The Corporation and the Trustee shall record all amounts paid to the United States pursuant to Section 4 .4 hereof . The Trustee shall furnish to the -24- S A. wp146302-030/245 " J Authority and the Corporation copies of any materials filed with the Internal Revenue Service pertaining thereto and shall provide the Authority and the Corporation with all records in its possession that the Authority, the Corporation or the Rebate Analyst may request relating to the calculation of any Rebate Amount. (b) The Corporation and the Trustee shall retain records of the rebate calculations until six years after the retirement of the last obligation of the Series 1993 Bonds. Section 4 . 6. Rebate Analyst. (a) The Rebate Analyst and each successor Rebate Analyst shall signify its acceptance of the duties imposed upon it hereunder by a written instrument of acceptance delivered to the Trustee, the Authority and the Corporation under which such Rebate Analyst will agree to discharge its duties pursuant to this Tax Regulatory Agreement in a manner consistent with prudent industry practice. (b) The Rebate Analyst may at any time resign and be discharged of the duties and obligations created by this Tax Regulatory Agreement by giving notice to the Trustee, the Authority and the Corporation. The Rebate Analyst may be removed at any time by an instrument signed by the Authority and the Corporation and filed with the Authority, the Corporation and the Trustee. The Corporation and the Authority shall, upon the resignation or removal of the Rebate Analyst, appoint a successor Rebate Analyst. (c) Each successor Rebate Analyst appointed pursuant to this Section 4 . 6 shall be either a firm of Accountants or Bond Counsel or another entity experienced in calculating rebate payments required by Section 148(f) of the Code. (d) In order to provide for the administration of the matters pertaining to arbitrage rebate calculations set forth herein, and in the Investment Instructions and No Arbitrage Certificate, the Trustee, the Corporation and the Authority may provide for the employment of the Rebate Analyst on or prior to May 15, 1997. The Trustee and the Authority may rely conclusively upon and shall be fully protected from all liability in relying upon the opinions, calculations, determinations, directions and advice of the Rebate Analyst. The charges and fees -25- WP146302-030/245 an/1 r !, 0 for such Rebate Analyst shall be paid by the Corporation upon presentation of an invoice for services rendered in connection therewith. ARTICLE V COMPLIANCE WITH CODE In order to ensure that interest on the Series 1993 Bonds is excludable from the gross income of the recipients thereof for purposes of federal income taxation, the Corporation and the Hospital hereby represent and covenant as follows: (a) The Average Maturity of the Series 1993 Bonds does not exceed 120% of the Average Economic Life of the Project financed with the proceeds of the Series 1993 Bonds within the meaning of Section 147(b) of the Code. (b) The Series 1993 Bonds are not and shall not become directly or indirectly "federally guaranteed. " Unless otherwise excepted under Section 149(b) of the Code, the Series 1993 Bonds will be considered "federally guaranteed" if (i) the payment of principal and interest with respect to the Series 1993 Bonds is guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof) , (ii) five (5) percent or more of the proceeds of the Series 1993 Bonds is (A) to be used in making loans, the payment of principal or interest with respect to which are to be guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof) or (B) to be invested (directly or indirectly) in federally insured deposits or accounts or (iii) the payment of principal or interest on the Series 1993 Bonds is otherwise indirectly guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof) . (c) The Hospital and the Corporation will provide to the Authority all information necessary to enable the Authority to complete and file Internal Revenue Forms 8038 or 8038-T pursuant to Section 149(e) of the Code. (d) No greater than 2% of the proceeds of the series 1993 Bonds shall be used to pay Costs of Issuance. (e) As required by Section 147(f) of the Code, the Series 1993 Bonds and the Project were the subject of a public hearing which was preceded by reasonable public notice. -26- f3 o WP146302-030/245 C'•.9 (f) The Hospital and the Corporation will comply with, and make all filings required by, all effective rules, rulings or regulations promulgated by the Department of the Treasury or IRS with respect to obligations described in Section 103 and 145 of the Code, such as the Series 1993 Bonds; (g) The Hospital and the Corporation will continue to conduct its operations in a manner that will result in its continuing to qualify as an organization described in Section 501(c) (3) of the Code including but not limited to the timely filing of all returns, reports and requests for determination with IRS and the timely notification of IRS of all changes in its organization and purposes from the organization and purposes previously disclosed to IRS; (h) The Corporation will not divert any substantial part of its corpus or income for a purpose or purposes other than those for which it is organized and operated; (i) The proceeds of the Series 1993 Bonds and any investment earnings thereon will be expended for the purposes set forth in the Lease and in the Indenture and no portion thereof will be used in any "unrelated trade or business" of the Corporation within the meaning of Section 513(a) of the Code; (j ) Neither Hospital nor the Corporation will use or cause to be used the Hospital Facility, including the Project, or invest the proceeds of the Series 1993 Bonds or any other amounts held by the Trustee under the Indenture or any investment earnings thereon in a manner that will result in the Series 1993 Bonds becoming private activity bonds (other than qualified 501(c) (3) bonds) within the meaning of Sections 141 and 145 of the Code; (k) The Hospital and the Corporation agree to rebate all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code and Section 4 . 12 of the Indenture. The Hospital and the Corporation agree to provide any instructions to the Trustee that are necessary to satisfy the requirements of Section 148(f) of the Code. The Corporation will not deposit or instruct the Trustee to deposit amounts in the Rebate Fund in excess of the amounts reasonably expected to be needed to make the payments to the United States as required by Section 148(f) of the Code; -27- WP746302-030/245 9.9C.~.I 9 (1) Neither Hospital nor the Corporation shall use (or permit the use of) Hospital Facilities, including the Project, any proceeds of the Series 1993 Bonds, or any income from any investment thereof, in any trade or business carried on by any person which is not an Exempt Person or in any unrelated trade or business, as defined in Section 513(a) of the Code, of an Exempt Person or permit the direct or indirect loan of any such proceeds, income or property to a person other than an Exempt Person or to any Exempt Person for use in an unrelated trade or business, as defined in Section 513(a) of the Code, if the amount of such proceeds, income or property, so used or loaned or portions thereof so used in the aggregate, exceeds 5% of the net proceeds of the Series 1993 Bonds. (m) The Hospital and the Corporation will use 95% of the net proceeds of the Series 1993 Bonds for a "hospital" within the meaning of Section 145(c) of the Code. (n) The Hospital and the Corporation acknowledge that in determining whether all or any portion of the Hospital Facilities, including the Project, is used, directly or indirectly, in the trade or business of a nonexempt person for purposes of the "private business use test, " use of a portion of the Hospital Facilities, including the Project, by a nonexempt person pursuant to a lease, management contract, physician contract or other arrangement must be examined. A lease, management contract, physician contract or other arrangement between the Hospital or the Corporation and a nonexempt person with respect to the Hospital Facilities, including the Project, or any portion thereof will not result in the Project being used for federal income tax purposes in the trade or business of the nonexempt person if the guidelines set forth in Rev. Proc. 82-14 and Rev. Proc. 82-15, as amended by Section 1031(e) of the Tax Reform Act of 1986, as amended (the "TRA") , are met. The Internal Revenue Service may promulgate Regulations incorporating the amendments contained in the TRA. Until such Regulations are released to the general public, any contract between the Hospital or the Corporation and a nonexempt person will not result in the Hospital or the Corporation Project being considered used in the trade or business of a nonexempt person (and, accordingly need not be included for purposes of a "private business use test") provided that the following guidelines are met: -28- WP146302-030/245 0-7,er _9 (i) If any contract between the Hospital or the Corporation and the nonexempt person with respect to any portion of the Project provides for compensation based on a percentages of fees charged for services rendered by the nonexempt person, the contract may not exceed a term of five years (including any renewal options) . At lease 50% of the compensation to the nonexempt person must be based upon a periodic fixed fee. In addition, the Issuer must be able to cancel the contract without penalty or cause at the end of any three-year period of the contract term. The compensation must be reasonable, and it may not be based on a percentage of the net profits of the Issuer or a division of the Issuer. (ii) If any contract between the Hospital or the Corporation and the nonexempt person with respect to any portion of the Hospital Facilities, including the Project, provides for compensation based on a periodic flat fee, the compensation must be reasonable and the contract may not exceed a term of five years (including any renewal options) . In addition, the Hospital or the Corporation must be able to cancel the contract without penalty or cause at the end of any three-year period of the contract term. If the contract provides for automatic increases in the periodic flat fee, the increases may not exceed the percentage increases determined by the particular external standards for computing such increases that are mutually agreed upon in the contract. The percentage increases reflected in the Consumer Price Index compiled by the Bureau of Labor Statistics, U.S. Department of Labor, or the actual percentage increases for services that result from the application of external criteria (for example, increases in rates paid by insurance companies) are illustrations of two external standards that may be used. (iii) If a nonexempt person and the Hospital or the Corporation enter into a contract described in paragraph (i) or (ii) above and the governing body of the Hospital or the Corporation , as appropriate, contains five or more members, one member of the governing body of the Hospital or the Corporation, as appropriate, may be the nonexempt person or related person (as described in Section 144(a) (3) of the Code) , an employee of the -29- wp146302-030/245 ^^t ,Jt nonexempt person, or a member of the governing body of the nonexempt person. However, such nonexempt person, employee of the nonexempt person, or member of the governing body of the nonexempt person may not serve as the chief executive of the governing body of the Hospital or the Corporation. ARTICLE VI TERM OF TAX REGULATORY AGREEMENT This Tax Regulatory Agreement shall be effective from the date of issuance of the Series 1993 Bonds through the date that the last Series 1993 Bond is redeemed, paid or deemed paid pursuant to the terms of the Indenture, except that the requirements of Section 4 . 5 shall survive until six years after the retirement of the last obligation of the Series 1993 Bonds. ARTICLE VII AMENDMENTS Notwithstanding any other provision hereof, any provision of this Tax Regulatory Agreement may be deleted or modified at any time at the option of the Corporation and the Hospital, with the consent of the Authority, if the Corporation or the Hospital has provided to the Trustee and the Authority an opinion, in form and substance satisfactory to the Trustee and the Authority, of Bond Counsel that such deletion or modification will not adversely affect the exclusion of interest on the Series 1993 Bonds from the gross income of the recipients thereof for purposes of federal income taxation. ARTICLE VIII EVENTS OF DEFAULT, REMEDIES Section 8. 1 . Events of Default. The failure of any party to this Tax Regulatory Agreement to perform any of its required duties under any provision hereof shall constitute an Event of Default under this Tax Regulatory Agreement and under the Indenture. Section 8 .2. Remedies for an Event of Default. Upon an occurrence of an Event of Default under Section 8. 1 hereof, the Authority or the Trustee may in their discretion, proceed to protect and enforce their rights and the rights of the owners of the Series 1993 Bonds by pursuing any available remedy under the Indenture or by pursuing any other available remedy, including, but not limited to, a suit at law or in equity. -30- ^,.�^/'�.. .. wvta6302-030/245 ✓ rl• ....a IN WITNESS WHEREOF, the Authority, the Corporation, the Hospital and the Trustee have caused this Tax Regulatory Agreement to be executed in their respective names and by their proper officers thereunto duly authorized, all as of the day and year first written above. COLORADO HEALTH FACILITIES AUTHORITY By Attest : Chairman By Executive Director [SEAL] BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER By Attest : President of the Board By Vice President of the Board [SEAL] NORTH COLORADO MEDICAL CENTER, INC. By Attest : vice Chairman of the Board • By • Secretary [SEAL] NORWEST BANK DENVER, N.A. By Attest: Title: By Title: [Signature Page to Tax Regulatory Agreement] -31- -3146302-030/245 922r.:"..3 r `s EXHIBIT A-1 SOURCES AND USES OF FUNDS A-1-1 WP146302-030/245 EXHIBIT A-2 PROPERTY FINANCED WITH SERIES 1993 BONDS A-2-1 wP146302-030/245 9yr 2C,. tS 9 EXHIBIT B-1 FORM OF DEALER CERTIFICATION OF BONA FIDE BID PRICE OF A CERTIFICATE OF DEPOSIT I, [Name] , [Position] of [Entity Providing the Certification] (the "Dealer") HEREBY CERTIFY that the Dealer maintains an active secondary market in certificates of deposit of a type similar to that [sold/purchased] by the Dealer [to/from] Colorado Health Facilities Authority (the "Authority") , and that the price at which the certificate of deposit was (sold to/purchased from] the Authority is the bona fide bid price quoted by the Dealer in an active secondary market maintained by the Dealer in such certificates of deposit. IN WITNESS WHEREOF, I have hereunto set my hand this ! _ day of , 19, By Title B-1-1 wP146302-030/245 930'.1.9 a EXHIBIT B-2 FORM OF DEALER CERTIFICATION FOR A CERTIFICATE OF DEPOSIT FOR WHICH NO ACTIVE SECONDARY MARKET EXISTS I, (Name] , (Position] , of (Entity Providing Certificate] (the "Dealer") HEREBY CERTIFY that there is no active secondary market in certificates of deposit of the type (sold/ purchased] by Colorado Health Facilities Authority [to/from] the Dealer (the "Certificate of Deposit") ; that the yield on the Certificate of Deposit is as high or higher than the yield on comparable obligations traded on an active secondary market, and as high or higher than the yield available on reasonably comparable direct obligations offered by the United States Treasury; that the Dealer maintains an active secondary market in comparable certificates of deposit, and that this Certification is based on actual trades adjusted to reflect the size and term of the Certificate of Deposit and the stability and reputation of the person issuing it . IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 19` By Title B-2-1 WP146302-030/245 EXHIBIT B-3 FORM OF PROVIDER CERTIFICATION FOR A CERTIFICATE OF DEPOSIT I , [Name] , [Position] , of [Entity Providing the Certificate of Deposit] (the "Provider") HEREBY CERTIFY that the yield on the Certificate of Deposit is not less than the highest yield that the Provider publishes or posts for comparable certificates of deposit offered to the public and that the yield on the Certificate of Deposit is not less than the yield available on reasonably comparable direct obligations offered by the United States Treasury. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 19_ By Title B-3-1 wP146302-.030/245 EXHIBIT B-4 FORM OF PROVIDER CERTIFICATION FOR AN INVESTMENT CONTRACT I, [Name] , [Position] , of [Entity Providing Investment Contract] (the "Provider" ) HEREBY CERTIFY in connection with the investment contract between Colorado Health Facilities Authority and the Provider dated as of (the "Investment Contract" ) that the yield on the Investment Contract is at least equal to the yield offered on reasonably comparable investment contracts offered to other persons, if any, from a source of funds other than gross proceeds of an issue of tax-exempt bonds and that the amount of administrative costs that are reasonably expected to be paid by the Provider to third parties in connection with the Investment Contract is $ . For purposes of this certification, administrative costs include all brokerage or selling commissions paid by the Provider to third parties in connection with the Investment Contract, legal or accounting fees, investment advisory fees, recordkeeping, safekeeping, custody and other similar costs or expenses . IN WITNESS WHEREOF, I have hereunto set my hand this day of , 19_ By Title B-4-1 WP146302-030124S 4)2011' g EXHIBIT B-5 FORM OF AUTHORITY CERTIFICATION FOR A CERTIFICATE OF DEPOSIT INVOLVING THREE BIDS I, [Name) , [Position] , of the Colorado Health Facilities Authority (the "Authority") , HEREBY CERTIFY in connection with the certificates of deposit of the type purchased by the Authority that such purchase was made pursuant to the laws of the State of Colorado after receipt of at least three bids and that the certificates of deposit were purchased from the highest bidder in an arm' s-length transaction without regard to yield. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 19_ COLORADO HEALTH FACILITIES AUTHORITY By Title B-5-1 wP146302-030/245 f2 4:72e/7.-13 7, �_S EXHIBIT B-6 FORM OF AUTHORITY CERTIFICATION FOR AN INVESTMENT CONTRACT INVOLVING THREE BIDS I, [Name] , [Position] , of the Colorado Health Facilities Authority (the "Authority" ) , HEREBY CERTIFY in connection with the investment contract between the Authority and [Entity Providing Investment Contract] (the "Provider" ) dated as of ^ (the "Investment Contract") that ( i) at least three bids on the Investment Contract were received from persons other than those with a material financial advantage in the [name of bond issue] , (ii) the yield on the Investment Contract purchased is at least equal to the yield offered under the highest bid received from an uninterested party, (iii) the price of the Investment Contract takes into account as a significant factor the Authority' s expected drawdown for the funds to be invested (other than float funds or reasonably required reserve or replacement funds) and (iv) any collateral security requirements for the Investment Contract are reasonable. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 19� COLORADO HEALTH FACILITIES AUTHORITY By Title _ B-6-1 wMM46302-030/245 ESCROW AGREEMENT Dated' as of January 15, 1993 among COLORADO HEALTH FACILITIES AUTHORITY, BOARD OF TRUSrEtS FOR NORTH COLORADO MEDICAL CENTER, NORTH COLORADO MEDICAL CENTER, INC. , and NORWEST BANK DENVER, N.A. , as Trustee and Escrow Agent WP146302-030/234 O'S �` .f S ..r a.% J ESCROW AGREEMENT THIS ESCROW AGREEMENT, dated as of January 15, 1993 (this "Escrow Agreement") , is among the Colorado Health Facilities Authority, an independent public body politic and corporate constituting a public instrumentality (the "Authority" ) , the Board of Trustees for North Colorado Medical Center, a body corporate created and appointed by the Board of County Commissioners of Weld County, Colorado, pursuant to the authority contained in Part 3 of Article 3 of Title 25 of the Colorado Revised Statutes (the "Hospital") , North Colorado Medical Center, Inc. , a Colorado nonprofit corporation (the "Corporation" ) , and Norwest Bank Denver, N.A. , Denver, Colorado, a national banking association duly organized and existing under the laws of the United States, as escrow agent (the "Escrow Agent") and as trustee (the "Trustee") with respect to the hereinafter defined Series 1990 Bonds and Series 1993 Bonds, WITNESSET H: WHEREAS, pursuant to a Trust Indenture, dated as of December 1 , 1985, between the Authority and the Trustee, as amended and supplemented by a First Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee and a Second Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee (collectively, the "Original Indenture") , the Authority issued its Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990, in the principal amount of $42,800,000 (the "Series 1990 Bonds") , all of which is presently outstanding; and WHEREAS, pursuant to the Original Indenture, as amended and supplemented by a Third Supplemental Trust Indenture, dated as of January 15, 1993, between the Authority and the Trustee (collectively, the "Indenture") , the Authority has issued its Hospital Revenue Bonds (North Colorado Medical Center) Series 1993, in the principal amount of $63,010,000 (the "Series 1993 Bonds") , in part for the purpose of providing funds to effectuate a crossover refunding (but not a defeasance) of $40,700,000 of the Series 1990 Bonds (the "Refunded 1990 Bonds") , as and to the extent provided herein; and WHEREAS, there has been deposited with the Escrow Agent the sum of $ from the proceeds of the Series 1993 Bonds to be used to purchase $ principal amount of direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (the "Government Obligations") which are listed on Exhibit A-1 hereto (the "Initial Government Obligations" ) ; and O V{� WP146302-030/234 ' 4,1q� J b/ W WHEREAS, the principal of and interest on the Government Obligations shall be transferred as hereinafter provided; and WHEREAS, the Authority and the Hospital hereby give instructions to the Trustee (which may be rescinded as provided herein) , as Trustee under the Indenture, to call the Refunded 1990 Bonds on , unless the Authority and the Hospital shall have given the Escrow Agent and the Trustee instructions to redeem the Refunded 1990 Bonds optionally on an earlier or later date ( being referred to as the "First Crossover Date, " the period ending on such date is the "First Crossover Period, " and such date or any later date referred to as a "Crossover Date, " the period ending on a later Crossover Date is a "Subsequent Crossover Period") occurring at the end of a Subsequent Crossover Period and as provided herein; and WHEREAS, the escrow may be extended beyond the First Crossover Period for Subsequent Crossover Periods, but in no event later than ____, upon the conditions set forth herein with respect to such periods and Government Obligations invested for a Subsequent Crossover Period (the "Subsequent Government Obligations") ; and WHEREAS, the First Crossover Period and any Subsequent Crossover Periods are collectively referred to herein as "Crossover Periods" ; and WHEREAS, the Authority and the Hospital may, upon complying with certain provisions contained herein, sell the Government Obligations (or Subsequent Government Obligation) and redeem the Refunded 1990 Bonds prior to the First Crossover Date (or the end of any Subsequent Crossover Period) ; and WHEREAS, upon the occurrence of certain events, the Authority and the Hospital shall be required to redeem the Refunded 1990 Bonds. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1 . The Indenture. Reference herein to or citation herein of any provision of the Indenture shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if such provision of the Indenture were fully set forth herein. -2- S.201 9 uv146302-030/234 2. Creation of the Escrow Fund. There is hereby created and established with the Escrow Agent a special and irrevocable escrow fund designated "Colorado Health Facilities Authority, Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990 Escrow Fund" (the "Escrow Fund") to be held in the custody of the Escrow Agent and applied solely as provided in this Escrow Agreement. 3 . Deposits to the Escrow Fund. Concurrently with the execution and delivery of this Escrow Agreement, the Trustee has caused to be deposited with the Escrow Agent, by virtue of the provisions of the Indenture and the Lease, dated as of December 1, 1985, between the Authority and the Hospital and accepted and approved by Weld County, Colorado (the "County" ) , as amended and supplemented by that certain Agreement, dated April 27, 1988, among the Authority, the Hospital, the County, the Trustee and the Corporation, the First Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County, the Second Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County and the Third Supplemental Lease, dated as of January 15, 1993, between the Authority and the Hospital and accepted and approved by the County (collectively, the "Lease" ) , and the Escrow Agent acknowledges receipt of, immediately available funds in the amount of $ from the proceeds of the Series 1993 Bonds. The Hospital hereby certifies that such funds will be sufficient to purchase, in the Escrow Agent 's own name, on behalf of the Authority, the Initial Government Obligations. Concurrently with the execution and delivery of this Escrow Agreement, the Escrow Agent shall purchase the Initial Government Obligations on behalf of the Authority from such immediately available funds. The Initial Government Obligations shall then be deposited in the Escrow Fund. 4 . Creation of Lien. The escrow created hereby shall be irrevocable. The owners of the Refunded 1990 Bonds and the Series 1993 Bonds, as their interests may arise hereunder, shall have an express lien on the Escrow Fund, until used and applied in accordance with this Escrow Agreement. Notwithstanding the foregoing, upon an Event of Default under the Indenture, the Escrow Fund shall secure equally and ratably all of the Series 1990 Bonds. -3- wP146302-030/234 One 1 A S 5. Government Obligations; Subsequent Crossover Periods and Moneys in the Escrow Fund. (a) Except as otherwise expressly provided in Section 3, this Section 5 and Section 6, the Escrow Agent shall have no power or duty to invest any moneys held hereunder or to sell, transfer or otherwise dispose of the Government Obligations. (b) During the First Crossover Period, on such dates as will result in funds being immediately available on each interest payment date for payment of interest on the Series 1993 Bonds, the Escrow Agent shall withdraw from the Escrow Fund the amounts set out in Exhibit B-1 attached hereto and deposit such amounts with the Trustee for deposit to the Interest Fund established by Section 4.02 of the Indenture (the "Interest Fund" ) , unless the Trustee is not at the time acting as trustee under the Indenture, in which event such amounts shall be paid to the successor Trustee for deposit in the Interest Fund. On the last day of the First Crossover Period, unless extended for a Subsequent Crossover Period, the Escrow Agent shall withdraw from the Escrow Fund such amounts as are equal to the principal of the Refunded 1990 Bonds becoming due on such redemption date as set out in Exhibit C-1 attached hereto and deposit such amounts with the Trustee for deposit to the Bond Principal Fund established by Section 4 . 03 of the Indenture (the "Principal Fund") or the Optional Redemption Fund established by Section 4 .05 of the Indenture (the "Optional Redemption Fund") , as required by the Indenture, unless the Trustee is not at the time acting as trustee under the Indenture, in which event such amounts shall be paid to the successor Trustee for deposit in the Principal Fund or the Optional Redemption Fund, as required by the Indenture. In conjunction with the foregoing, the Authority and the Hospital hereby instruct (subject to the second succeeding sentence allowing the rescission of such instructions) the Trustee to mail notice of redemption as is required by the Indenture in order to redeem on • all Refunded 1990 Bonds then outstanding and unpaid. Such notice shall be given in the manner prescribed by the Indenture but notwithstanding the provisions thereof, no sooner than 44 days prior to the optional redemption date. Notwithstanding the foregoing, the Authority and the Hospital may instruct the Trustee not to mail such notice by providing the Trustee with written notice to such effect and upon compliance with the provisions of -4- 710 WP146302-030/234 Section 5(c) hereof with respect to any Subsequent Crossover Period. The Trustee under the Indenture shall continue to be responsible for providing notice of all mandatory sinking fund redemptions without further instructions from the Authority or the Hospital. (c) The Authority and the Hospital, with the consent of Municipal Bond Investors Assurance Corporation, as the insurer of the Seires 1990 Bonds and the Seires 1993 Bonds (the "Bond Insurer") , shall have the option to direct the Trustee not to publish any notice of optional redemption prior to the end of the First Crossover Period or any Subsequent Crossover Period if the Authority and the Hospital shall choose to extend the escrow for a Subsequent Crossover Period. To the extent the Authority and the Hospital elect to extend the escrow for a Subsequent Crossover Period, all parties hereto shall cooperate to effectuate such extension. The exercise of such option shall be effectuated as follows: (i) The Authority and the Hospital have provided the Trustee and the Escrow Agent with written notice at least 40 days but no more than 60 days prior to the end of a Crossover Period, electing to extend the escrow beyond the then present Crossover Period. Such notice shall state or contain: (A) the proposed term of the Subsequent Crossover Period; (B) that subject to the compliance with the provisions of this subsection (c) , the Trustee shall not give the notice of optional redemption for the current Crossover Period; (C) that subject to the compliance with the provisions of this subsection (c) , the Trustee is instructed to give notice of optional redemption pursuant to the Indenture (unless such instructions are rescinded as hereinafter permitted) in order to allow optional redemption at a date designated therein as the end of the Subsequent Crossover Period, of all of the outstanding Refunded 1990 Bonds, and that such notice shall be given no sooner than 39 days prior to such redemption date and in accordance with the Indenture, unless the Subsequent Crossover Period is extended for another Subsequent Crossover Period; and -5- WP146302-030/234 /, }, 0 ,O s (D) a proposed cash flow schedule which is to serve as the basis for the conclusions set forth in (iii) below. (ii) Not more than 60 days nor less than 40 days prior to the end of a Crossover Period, the Authority (or the Escrow Agent on their behalf) shall have subscribed to or received a binding contract or commitment to purchase the Subsequent Government Obligations to be listed in a subsequent schedule to be attached hereto as an Exhibit following Exhibit A-1 at or before the end of the then current Crossover Period, proof of such subscription or commitment to purchase to be delivered to the Escrow Agent and the Trustee with the notice described in (i) above. Any such Subsequent Government Obligations shall mature no later than the end of the proposed Subsequent Crossover Period. (iii) According to a certificate or report of a consultant filed with the Escrow Agent and the Trustee with the notice described in (i) above, such Subsequent Government Obligations shall mature at such times and in such amounts sufficient to pay during the Subsequent Crossover Period the principal coming due on the Refunded 1990 Bonds, whether upon maturity, mandatory sinking fund redemption or optional redemption for which redemption notice instructions have been given to the Trustee (as set forth in a subsequent schedule to be attached hereto as an Exhibit relating to the Refunded 1990 Bonds following Exhibit C-1 hereto) . Such certificate or report shall also specify the yield on the Subsequent Government Obligations and the amount of "excess proceeds," within the meaning of Section 1 . 103-15 of the Treasury Regulations, in the Escrow Fund to be calculated in the manner and in substance satisfactory to the nationally recognized bond counsel delivering the opinion described in (iv) below. (iv) There shall be delivered to the Escrow Agent and the Trustee, with the notice described in (1) above, an opinion of nationally recognized bond counsel to the effect that the investment in the Subsequent Government Obligations will not cause the Series 1990 Bonds or the Series 1993 Bonds to become "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986, as amended (the -6- wP146302-030/234 ¶2C.b A_5 "Code") , and the Treasury Regulations promulgated thereunder, and the extension of the escrow beyond the present Crossover Period, will not adversely affect the tax exemption of the Series 1990 Bonds or the Series 1993 Bonds . (v) Payment of the ordinary fees and expenses of the Escrow Agent for such Subsequent Crossover Period, which do not include Trustee fees which shall continue to accrue and be payable under the Indenture and which do not include transactional fees or extraordinary costs, fees and expenses of the Escrow Agent, including attorneys ' fees, all of which amounts the Hospital agrees to pay to the Escrow Agent as and when billed therefor. (d) During any Subsequent Crossover Period, on such dates as will result in funds being immediately available on each interest payment date for payment of interest on the Series 1993 Bonds, the Escrow Agent shall withdraw from the Escrow Fund the amounts set out in a subsequent schedule to be attached hereto as an Exhibit following Exhibit B-1 hereto and deposit such amounts with the Trustee for deposit to the Interest Fund, unless the Trustee is not at the time acting as trustee under the Indenture, in which event such amounts shall be paid to the successor Trustee for deposit in the Interest Fund. During the Subsequent Crossover Period, on such dates as will result in funds being immediately available on each redemption date for payment of the principal of the Refunded 1990 Bonds, the Escrow Agent shall withdraw from the Escrow Fund such amounts as are equal to the principal of the Refunded 1990 Bonds becoming due on such redemption date as set out in a subsequent schedule to be attached hereto as an Exhibit following Exhibit C-1 hereto and deposit such amounts with the Trustee for deposit to the Principal Fund or. the Optional Redemption Fund, as required by the Indenture, unless the Trustee is not at the time acting as trustee under the Indenture, in which event such amounts shall be paid to the successor Trustee for deposit in the Principal Fund or the Optional Redemption Fund, as required by the Indenture. 6. Optional Redemption of Refunded 1990 Bonds. The Authority and the Hospital, with the consent of the Bond Insurer, shall have the option to direct the Escrow Agent to sell all or any portion, as described below, of the Government Obligations (or Subsequent Government Obligations) -7- f. . � WP146302-030/234 in the Escrow Fund and to optionally redeem all or any portion, as described below, of the Refunded 1990 Bonds within any Crossover Period. (a) The Authority and the Hospital have provided the Trustee and the Escrow Agent with written notice at least 40 days but no more than 60 days prior to such optional redemption date. Such notice shall state or contain: (i) the optional redemption date, if less than all of the Refunded 1990 Bonds are to be redeemed on such optional redemption date, the principal amount of the Refunded 1990 Bonds to be redeemed on such optional redemption date the proposed term of the Subsequent Crossover Period; (ii) the Trustee is instructed to give notice of optional redemption pursuant to the Indenture for the Refunded 1990 Bonds to be redeemed on such optional redemption date; and (iii) if less than all of the Refunded 1990 Bonds are to be redeemed on such optional redemption date, a proposed cash flow schedule which is to serve as the basis for the conclusions set forth in (c) below. (b) If less than all of the Refunded 1990 Bonds are to be redeemed on such optional redemption date, not more than 60 days nor less than 40 days prior to such optional redemption date, the Authority (or the Escrow Agent on their behalf) shall have subscribed to or received a binding contract or commitment to purchase the subsequent Government Obligations to be listed in a subsequent schedule to be attached hereto as an Exhibit following Exhibit A-1 at or before such optional redemption date, proof of such subscription or commitment to purchase to be delivered to the Escrow Agent and the Trustee with the notice described in (a) above. Any such Subsequent Government Obligations shall mature no later than the end of the present Crossover Period. (c) If less than all of the Refunded 1990 Bonds are to be redeemed on such optional redemption date, according to a certificate or report of a consultant filed with the Escrow Agent and the Trustee with the notice described in (a) above, such Subsequent Government Obligations shall mature at such times and in -8- uc146302-030/234 9 vO f t.R such amounts sufficient to pay during the present Crossover Period the principal coming due on the remaining Refunded 1990 Bonds, whether upon maturity, mandatory sinking fund redemption or optional redemption for which redemption notice instructions have been given to the Trustee (as set forth in a subsequent schedule to be attached hereto as an Exhibit relating to the Refunded 1990 Bonds following Exhibit C-1 hereto) . Such certificate or report shall also specify the yield on the Subsequent Government Obligations and the amount of "excess proceeds, " within the meaning of Section 1 . 103-15 of the Treasury Regulations, in the Escrow Fund to be calculated in the manner and in substance satisfactory to the nationally recognized bond counsel delivering the opinion described in (d) below. (d) If less than all of the Refunded 1990 Bonds are to be redeemed on such optional redemption date, there shall be delivered to the Escrow Agent and the Trustee, with the notice described in (a) above, an opinion of nationally recognized bond counsel to the effect that the investment in the Subsequent Government Obligations will not cause the Series 1990 Bonds or the Series 1993 Bonds to become "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986, as amended (the "Code") , and the Treasury Regulations promulgated thereunder, and the extension of the escrow beyond the present Crossover Period, will not adversely affect the tax exemption of the Series 1990 Bonds or the Series 1993 Bonds. (e) Payment of the ordinary fees and expenses of the Escrow Agent in connection with such optional redemption of the Refunded 1990 Bonds, which do not include Trustee fees which shall continue to accrue and be payable under the Indenture and which do not include transactional fees or extraordinary costs, fees and expenses of the Escrow Agent, including attorneys' fees, all of which amounts the Hospital agrees to pay to the Escrow Agent as and when billed therefor. Notwithstanding the foregoing, (i) if the interest rate on the Refunded 1990 Bonds exceeds the interest rate on the Series 1993 Bonds for a period of consecutive days, the Hospital shall instruct the Authority to have all the -9- WP146302-030/234 frvee'A'S ;�a Refunded 1990 Bonds redeemed on the next optional redemption date for which notice may be given in accordance with the Indenture or (ii) if the Series 1990 Bonds are owned by Credit Suisse (the "Bank") pursuant to the Standby Bond Purchase Agreement, dated as of November 1, 1990 (the "Standby Bond Purchase Agreement") , among the Hospital, the Corporation, the Trustee and the Bank, the Hospital shall exercise its optional redemption rights granted hereunder to call Refunded 1990 Bonds on the dates required by the Standby Bond Purchase Agreement. If the sale of the Government Obligation: (or the Subsequent Government Obligations) shall not provide sufficient funds to redeem all of the Refunded 1990 Bonds to be paid on such optional redemption date, the Hospital shall deposit an amount equal to such deficiency with the Escrow Agent prior to instructing the Escrow Agent to optionally redeem such Refunded 1990 Bonds. In addition, prior to any optional redemption of Refunded 1990 Bonds pursuant to this Section which does not coincide with the end of a Crossover Period, the Authority and the Hospital shall receive an opinion of nationally recognized bond counsel that such redemption shall not cause the Series 1990 Bonds or the Series 1993 Bonds to be "arbitrage bonds" within the meaning of the Code nor adversely affect the tax exemption of the Series 1990 Bonds or the Series 1993 Bonds. 7. Liability of Escrow Agent, Authority and Trustee. (a) None of the Escrow Agent, the Authority or the Trustee shall be liable for any loss resulting from any investment made pursuant to this Escrow Agreement in compliance with the provisions hereof. None of the Escrow Agent, the Authority or the Trustee shall have any lien whatsoever on any of the Government Obligations or moneys on deposit in the Escrow Fund for the payment of fees and expenses for services rendered by the Escrow Agent, the Authority or the Trustee under this Escrow Agreement or otherwise. (b) None of the Escrow Agent, the Authority or the Trustee shall be liable for the accuracy of the calculations as to the sufficiency of the Government Obligations and moneys to pay the principal of the Refunded 1990 Bonds or to pay the interest on the Series 1993 Bonds . So long as the Escrow Agent, the Authority and the Trustee apply the Government Obligations and moneys as provided herein, and comply fully with the terms of this Escrow Agreement, none of the Escrow Agent, the Authority or the Trustee shall be liable for any deficiencies in the amounts necessary to make such -10- Cl "S wP146302-030/234 payments caused by such calculations. The liability of the Escrow Agent to make any of the transfers required by Sections 5 or 6 hereof shall be limited to the moneys and Government Obligations in the Escrow Fund. (c) The Hospital agrees that if for any reason the Government Obligations and moneys and other funds available to pay the principal of the Refunded 1990 Bonds or to pay the interest on the Series 1993 Bonds are insufficient therefor, the Hospital shall continue to be liable therefor under the terms of the Series 1993 Bonds or the Refunded 1990 Bonds. (d) In the event of the Escrow Agent ' s failure to account for any of the Government Obligations (or Subsequent Government Obligations) or moneys received by it, said Government Obligations (or Subsequent Government Obligations) or moneys shall be and remain the property of the Authority held in trust for the holders of the Refunded 1990 Bonds or portions thereof, as herein provided, and if for any reason such Government Obligations (or Subsequent Government Obligations) or moneys are not applied as herein provided, the assets of the Escrow Agent shall be impressed with a trust for the amount thereof until the required application shall be made. (e) None of the Escrow Agent, the Authority or the Trustee shall be liable for any action or omission of any other party under this Escrow Agreement. 8. Fees and Expenses of the Escrow Agent . The aggregate amount of the costs, fees and expenses of the Escrow Agent in connection with the creation of the Escrow Fund and in the carrying out of any of the duties, terms or provisions of this Escrow Agreement for the First Crossover Period is $ , which has been paid to the Escrow Agent at the date of the execution and delivery of this Escrow Agreement. Such costs, fees and expenses do not include Trustee fees which shall continue to accrue and be payable under the Indenture, and do not include transactional fees or extraordinary costs, fees and expenses of the Escrow Agent hereunder, including attorneys' fees, all of which amounts the Hospital agrees to pay to the Escrow Agent and the Trustee as and when billed therefor . 9. Resignation or Removal of Escrow Agent; Successor Escrow Agent. The Escrow Agent at the time acting hereunder may at any time resign and be discharged from its obligations hereby created by giving written notice to the Authority, the .- -11- w nn . WP146302-030/234 Hospital, the Corporation, the Bond Insurer and the Trustee not less than ninety (90) days prior to the date when the resignation is proposed to take effect. Such resignation shall take effect immediately upon the appointment of a successor Escrow Agent (which may be a temporary escrow trustee) by the Hospital (with the consent of the Authority, but without the consent of the Trustee) , the acceptance by such successor Escrow Agent of the terms, covenants and conditions of this Escrow Agreement, the transfer of the Escrow Fund, including the moneys and Government Obligations (or Subsequent Government Obligations) held therein, to such successor Escrow Agent and the completion of any other actions required for causing the principal of, and interest on, the Government Obligations to be made payable to such successor Escrow Agent rather than the resigning Escrow Agent. The Hospital shall use its best efforts to appoint a successor Escrow Agent by the proposed resignation date. In the event of resignation of the Escrow Agent, a pro rata portion of the amount paid to the Escrow Agent pursuant to Section 7 hereof shall be returned to the Hospital . The Escrow Agent may also be removed by the Hospital by written notice of the Hospital to the Authority, the Corporation, the Trustee and the Escrow Agent, which shall become effective upon the appointment of a successor Escrow Agent (which may be a temporary successor Escrow Agent) by the Hospital (with the consent of the Authority and the Bond Insurer, but without the consent of the Trustee) , the acceptance by such successor Escrow Agent of the terms, covenants and conditions of this Escrow Agreement, the transfer of the Escrow Fund, including the moneys and Government Obligations held therein, to such successor Escrow Agent and the completion of any other actions required for causing the principal of, and interest on, the Government Obligations to be made payable to such successor Escrow Agent rather than the Escrow Agent being removed. In the event the Escrow Agent shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, the Hospital (with the consent of the Authority and the Bond Insurer) shall appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the Hospital (with the consent of the Authority and the Bond Insurer) in the manner above provided, and any such temporary Escrow Agent so appointed by the Hospital shall immediately and without further act be superseded by the successor Escrow Agent so appointed. ,,, s -12- -12- r•r 7 wP146302-030/234 No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with trust powers organized under the banking laws of the United States or any state of the United States and shall have at the time of appointment capital and surplus of not less than $25,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor, the Authority, the Trustee, the Hospital and the Corporation, an instrument in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor, but such predecessor shall, nevertheless, on the written request of such successor Escrow Agent, the Authority, the Trustee, the Bond Insurer, the Hospital or the Corporation, execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor Escrow Agent shall deliver all Government Obligations and moneys held by it to its successor. Should any transfer, assignment or instrument in writing from the Trustee, the Authority, the Bond Insurer, the Hospital or the Corporation be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the Trustee, the Authority, the Bond Insurer, the Hospital or the Corporation, as the case may be. Any corporation into which the Escrow Agent, or any % successor to it in the trusts created by this Escrow Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the Escrow Agent or any successor to it shall be a party, shall be the successor Escrow Agent under this Escrow Agreement without the execution or filing of any paper or any other act on the part of the parties hereto, anything herein to the contrary notwithstanding. 10 . Corporation to Perform Hospital 's Obligations. So long as the Corporation is not in default under the Third Amended and Restated Operating Sublease, dated as of January 15, 1993, between the Hospital and the Corporation or -13- wct46302-030/234 070 r •,S the Corporation becomes the obligor of the Series 1990 Bonds and the Series 1993 Bonds, the Corporation shall have the right to perform the Hospital ' s obligations under this Escrow Agreement. 11 . Event of Default Under the Indenture. If the Escrow Agent shall have received written notice from the Trustee (which notice the Trustee shall give the Escrow Agent) that an Event of Default shall have occurred under the Indenture, the Escrow Agent, upon receiving the consent of the Bond Insurer, shall transfer all Government Obligations (or Subsequent Government Obligations) and moneys in the Escrow Fund to the Trustee to be applied to the payment of the principal of and interest on the Series 1990 Bonds. 12. Termination. This Escrow Agreement shall terminate when all transfers required to be made by the Escrow Agent under the provisions hereof shall have been made. Any moneys remaining in the Escrow Fund at the time of such termination shall be distributed to the Hospital, but such amounts shall be used by the Hospital solely for health care capital improvements and not for debt service on the Series 1993 Bonds or the Refunded 1990 Bonds. 13 . Amendments. This Escrow Agreement may be amended by written instrument executed by all parties hereto upon receipt of the consent of the Bond Insurer to such amendments; such execution shall be deemed the consent of each party executing any amendment. 14 . Severability. If any one or more of the covenants or agreements provided in this Escrow Agreement on the part of the Authority, the Trustee, the Hospital, the Corporation or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Escrow Agreement . 15 . Successors and Assigns. All of the covenants, promises and agreements in this Escrow Agreement contained by or on behalf of the Authority, the Trustee, the Hospital, the Corporation or the Escrow Agent shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. 16 . Governing Law. This Escrow Agreement shall be governed by the applicable laws of the State of Colorado. -14- uP746302-030/234 (3 17. Headings. Any headings preceding the text of the several Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Escrow Agreement, nor shall they affect its meaning, construction or effect. 18. Counterparts. This Escrow Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. • -15- wPt46302-030/234 ?32C"_ IN WITNESS WHEREOF, the parties hereto have each caused this Escrow Agreement to be executed by their duly authorized officers and their seals to be hereunder affixed and attested as of the date first above written. [SEAL] COLORADO HEALTH FACILITIES AUTHORITY By By _ Chairman Executive Director [SEAL] NORWEST BANK DENVER, N.A. , as Escrow Agent and Trustee Attest: By By Title: Title: [SEAL] BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER Attest: By By Secretary President [SEAL] NORTH COLORADO MEDICAL CENTER, INC. Attest: By By Secretary Vice Chairman -16- WP146302-030/238 S2C r i S E7G{IBIT A INITIAL GOVERNMENT OBLIGATIONS Principal Interest Type of Date Amount Rate Security Interest Total A-1 WP146302-030/234 3O' /! S EXHIBIT B INTEREST ON SERIES 1993 BONDS DURING FIRST CROSSOVER PERIOD Interest to be Total paid from Date Interest Escrow Fund B-1 WP146302-030/234 v w - EXHIBIT C PRINCIPAL OF REFUNDED 1990 BONDS DURING FIRST CROSSOVER PERIOD Date Amount C-1 WP146302-O0/234 u w _ GUARANTY AGREEMENT between NORTH COLORADO MEDICAL CENTER, INC. and NORWEST BANK DENVER, N.A. , as trustee Dated as o£ January 15, 1993 WP146302-030/247 • 920118 GUARANTY AGREEMENT THIS GUARANTY AGREEMENT, dated as of January 15, 1993 (this "Guaranty Agreement" ) , is between NORTH COLORADO MEDICAL CENTER, INC. , a nonprofit corporation duly organized and existing under the laws of the State of Colorado (the "Corporation" ) , and NORWEST BANK DENVER, N.A. , a national banking association duly organized and existing under and by virtue of the laws of the United States of America, with its principal corporate trust office located at Denver, Colorado, as trustee ("Trustee") , together with any successor Trustee at the time serving as such under the Trust Indenture, dated as of December 1, 1985, between the Colorado Health Facilities Authority (the "Authority" ) and the Trustee, as trustee, as amended and supplemented, including the First Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee, the Second Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee and a Third Supplemental Trust Indenture, dated as of January 15, 1993, between the Authority and the Trustee (collectively, the "Indenture") . WITNESSET H: WHEREAS, the Authority intends to issue its Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 (the "Series 1993 Bonds") , in an aggregate principal amount of $63,875,000 pursuant to the Indenture; and WHEREAS, the Authority has, pursuant to the Indenture, previously issued its Hospital Refunding Revenue Bonds (North Colorado Medical Center Project) Series 1985 (the "Series 1985 Bonds" ) in the aggregate principal amount of $15,900,000, of which $14, 125,000 remains outstanding, and its Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990 (the "Series 1990 Bonds") in the aggregate principal amount of $42,800,000, all of which are presently outstanding; and WHEREAS, the Authority may in the future issue additional bonds pursuant to the Indenture (the "Additional Bonds" ) (the Series 1993 Bonds, the Series 1990 Bonds, the Series 1985 Bonds and any Additional Bonds are herein collectively referred to as the "Bonds"); and NP146302-030/247 930118 WHEREAS, the Corporation, pursuant to a Third Amended and Restated Operating Sublease, dated as of January 15, 1993 (the "Sublease") is obligated to make payments for the use of the Hospital Facilities (as defined in the Indenture) in amounts equal to the debt service on the Bonds; and WHEREAS, the Corporation is willing to enter into this Guaranty Agreement in order to enhance the marketability of the Bonds and thereby achieve interest cost and other savings to the Corporation and as an inducement to the purchase of the Bonds by all who shall at any time become holders of the Bonds. NOW, THEREFORE, in consideration of the premises and in order to enhance the marketability of the Bonds and thereby achieve cost savings to the Corporation and as an inducement to the purchase of the Bonds by all who shall at any time become holders of the Bonds, the Corporation does hereby, subject to the terms hereof, covenant and agree with Trustee as follows: ARTICLE I REPRESENTATIONS AND WARRANTIES OF GUARANTOR Section 1 .01. The Corporation is a Colorado nonprofit corporation in good standing with the State of Colorado and is an organization described in Section 501(c)(3) of the Code and is not a "private foundation" as defined in Section 509(a) of the Code, has received a letter from the Internal Revenue Service to that effect and such letter has not been modified, *limited or revoked. The Corporation is in compliance with the terms, conditions, and limitations, if any, contained in such letter and the facts and circumstances which form the basis of such letter as represented to the Internal Revenue Service continue substantially to exist. The Corporation is exempt from federal taxation under Section 501(a) and Section 501(c) (3) of the Code and the Corporation agrees that it shall not perform any acts or enter into any agreements which shall adversely affect such federal income tax status nor shall it carry on or permit to be carried on in its hospital facilities or permit such facilities to be used in or for any trade or business if such activity would adversely affect the exemption of interest on any of the Bonds from federal income taxation or if such activity would adversely affect the federal income tax status under Section 501(c) (3) of the Code of the Corporation. The proceeds of the Bonds will not be used for any purpose which could give rise to any unrelated business taxable income to the Corporation. -2- 930118 WP146302-030/247 Section 1 . 02. The Corporation has the power and authority to consummate the transactions contemplated by this Guaranty Agreement and has by proper proceedings duly authorized this Guaranty Agreement and the consummation of all transactions contemplated herein and shall not be in violation of its Articles of Incorporation or Bylaws. This Guaranty Agreement is a legal, valid and binding obligation of the Corporation and is enforceable in accordance with its terms. Section 1 .03 . The audit reports of the Corporation for each of the fiscal years ended December 31, 1989, 1990 and 1991, including a balance sheet as of each of such dates and a statement of revenues and expenses for each of such fiscal years, all prepared and certified by Arthur Andersen & Company accountants, and heretofore delivered to the Trustee, correctly represent the financial condition of the Corporation as of such dates, and the results of operations of the Corporation for each of such fiscal years, all in accordance with generally accepted accounting principles consistently applied, and there has been no material adverse change in the condition, financial or otherwise, of the Corporation since December 31, 1991 from that set forth in said balance sheet as of December 31, 1991 . The financial statements referred to in this section do not, nor does any written statement furnished by the Corporation to the Trustee, contain any untrue statement of a material fact or omit a material fact necessary to make the statements contained therein or herein not misleading. There is no fact which the Corporation has not disclosed to the Trustee in writing which materially affects adversely or, so far as the Corporation can now foresee, will materially affect adversely the financial condition of the Corporation or its abilities to operate the Hospital Facilities or to perform its obligations under this Guaranty Agreement. ARTICLE II COVENANTS AND AGREEMENTS Section 2 . 1 . The Corporation hereby unconditionally guarantees to Trustee for the benefit of the holders from time to time of the Bonds the full and prompt payment of (a) the principal of and premium, if any, on any Bond when and as the same shall become due, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise, and (b) any interest on any Bond when and as the same shall become due. In each and every case, the Corporation agrees, in the event of the failure of the -3- 9`h0118 \P)46302-030/247 Authority to make such payments of principal, premium, if any, or interest, to make such payments to Trustee. All payments by the Corporation shall be paid in lawful money of the United States of America, and all payments under this Section shall be paid into the Interest Fund, Bond Principal Fund or Optional Redemption Fund, as appropriate, each established pursuant to Article IV of the Indenture. Each and every default in payment of the principal of, premium, if any, or interest on any Bond shall give rise to a separate cause of action hereunder, and separate suits may be brought hereunder as each cause of action arises. Section 2.2. The obligations of the Corporation under this Guaranty Agreement shall be absolute and unconditional and shall remain in full force and effect until the entire principal of and premium, if any, and interest on the Bonds shall have been paid or provided for as set forth in the Indenture, and such obligation shall not be affected, modified or impaired upon the happening from time to time of any event, including, without limitation, any of the following, whether or not with notice to, or the consent of, the Corporation: (a) the compromise, settlement, release or termination of any or all of the obligations, covenants or agreements of the Authority under the Indenture; (b) the failure to give notice to the Corporation of the occurrence of an event of default under the terms and provisions of this Guaranty Agreement, the Indenture, the Lease, dated as of December 1, 1985, between the Authority and the Board of Trustees for North Colorado Medical Center (the "Hospital") and accepted and approved by Weld County, Colorado (the "County") , as amended and supplemented, including the Agreement, dated April 27, 1988, among the Authority, the Trustee, the County, the Hospital and the Corporation, the First Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County, the Second Supplemental Lease, dated as of November 1, 1990 between the Authority and the Hospital and accepted and approved by the County and the Third Supplemental Lease, dated as of January 15, 1993, between the Authority and the Hospital and accepted and approved by the County; (c) the assignment or the purported assignment of all or any part of the interest of the Authority in the Lease or any failure of title with respect to the Authority' s interest in the Lease; -4- 9304 4 9 WP146302-030/247 (d) the waiver of the payment, performance or observance by the Authority or the Corporation of any of the obligations, covenants or agreements of them contained in the Indenture, this Guaranty Agreement or the Lease; (e) the extension of the time for payment of any principal of or premium, if any, or interest on any Bond or under this Guaranty Agreement or of the time for performance of any other obligations, covenants or agreements under or arising from the Indenture, this Guaranty Agreement, the Lease or the extension or the renewal of any of them; (f) the modification or amendment (whether material or otherwise) of any obligation, covenant or agreement set forth in the Indenture or the Lease; (g) the taking or the omission of any of the actions referred to in the Indenture or the Lease and any actions under this Guaranty Agreement; (h) any failure, omission, delay or lack on the part of the Authority or Trustee to enforce, assert or exercise any right, power or remedy conferred on Issuer or Trustee in this Guaranty Agreement, the Indenture or the Lease, or any other act or acts on the part of the Authority, Trustee or any of the holders from time to time of the Bonds; (i) the voluntary or involuntary liquidation, dissolution, sale or other disposition of all or substantially all the assets, marshalling of assets and liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition with creditors or readjustment of assets, or other similar proceedings affecting the Corporation or the Authority or any of the assets of them, or any allegation or contest of the validity of this Guaranty Agreement in any such proceeding; (j ) to the extent permitted by law, the release or discharge of the Corporation from the performance or observance of any obligation, covenant or agreement contained in this Guaranty Agreement by operation of law; (k) the issuance of any Additional Bonds pursuant to the Indenture; or -s- g420At 4 . wP146302-030/247 +•� (1) the default or failure of the Corporation fully to perform any of its obligations set forth in this Guaranty Agreement; provided that the specific enumeration of the above-mentioned acts, failures or omissions shall not be deemed to exclude any other acts, failures or omissions, though not specifically mentioned above, it being the purpose and intent of this paragraph that the obligations of the Corporation shall be absolute and unconditional to the extent herein specified and shall not be discharged, impaired or varied except by the payment of the principal of and premium, if any, and interest on the Bonds in accordance with the terms of the Indenture in case of prepayment, and then only to the extent of such payments . Without limiting any of the other terms or provisions hereof, it is understood and agreed that, in order to hold the Corporation liable hereunder, there shall be no obligation on the part of Trustee or any holder of any Bond to resort in any manner or form for payment to the Authority or to any other person, firm or corporation, their properties or estates . Section 2.3 . No setoff, counterclaim, reduction or diminution of an obligation, or any defense of any kind or nature which the Corporation has or may come to have against the Authority or Trustee shall be available hereunder to the Corporation against Trustee. Section 2.4 . In the event of a default in the payment of principal of or premium, if any, on any Bond when and as the same shall become due, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise, or in the event of a default in the payment of any interest on any Bond when and as the same shall become due, the Trustee may, and if requested so to do by the holders of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds then outstanding, and upon satisfactory indemnification as hereinafter provided, shall be obligated to proceed hereunder, and the Trustee, in it sole discretion, shall have the right to proceed first and directly against the Corporation under this Guaranty Agreement without proceeding against or exhausting any other remedies which it may have and without resorting to any other security held by the Authority or the Trustee. Before taking any action hereunder, the Trustee may require that satisfactory indemnity be furnished for the reimbursement of all expenses and to protect against any and all liability, except liability which is adjudicated to have resulted from its negligence or willful default by reason of any action so taken. -6- wP146302-0301247 9'04 4 Anything in this Guaranty Agreement to the contrary notwithstanding, the holders of a majority in aggregate principal amount of the Bonds then outstanding shall have the right, at any time, by an instrument or instruments in writing executed and delivered to the Trustee, to direct the method and place of conducting all proceedings to be taken in connection with the enforcement of the terms and conditions of this Guaranty Agreement, provided that such direction shall not be otherwise than in accordance with the provisions of law and of this Guaranty Agreement. Section 2. 5. The Corporation hereby expressly waives notice from the Trustee or the holders from time to time of any of the Bonds of their acceptance and reliance on this Guaranty Agreement. The Corporation agrees to pay all costs, expenses and fees, including all reasonable attorneys ' fees which may be incurred by the Trustee in enforcing or attempting to enforce this Guaranty Agreement following any default on the part of the Corporation hereunder, whether the same shall be enforced by suit or otherwise. The Trustee shall be entitled to the benefits of Article VIII of the Indenture in the exercise of its rights and duties hereunder. Section 2 . 6 . The Corporation agrees that so long as any of the Bonds remain Outstanding, as that term is defined in the Indenture, it will maintain its corporate existence, will continue to be a nonprofit corporation in good standing and qualified to do business under the laws of the state of its then state of incorporation, will not dissolve or otherwise dispose of all or substantially all of its assets and will not consolidate with or merge into another legal entity or permit one or more other legal entities to consolidate with or merge into it, provided that the Corporation may, without violating the agreement contained in this Section, consolidate with or merge into another legal entity, or permit one or more such legal entities to consolidate with or merge into it, or sell or otherwise transfer to another legal entity all or substantially all of its assets as an entirety and thereafter dissolve, provided (i) that the surviving, resulting or transferee legal entity, as the case may be, shall be a legal entity organized and existing under the laws of one of the states of the United States of America, shall be qualified to do business in the same states as the Corporation, shall have a net worth immediately subsequent to such acquisition, consolidation or merger at least equal to that of the Corporation immediately prior to such acquisition, consolidation, merger or transfer, and shall assume in writing all of the obligations of the Corporation under this Guaranty Agreement, in which event the Trustee, upon satisfactory evidence of the aforesaid, shall, in -7- 93019 wP146302-030/247 writing, concurrently with and contingent upon such assumption, release the Corporation from all liability hereunder; (ii) that such acquisition, consolidation, merger or transfer will not affect the tax-exempt status of the interest on the Bonds; and (iii) that prior to such acquisition, consolidation, merger or transfer the Trustee shall be furnished a certificate from the chief financial officer of the Corporation or his deputy stating that in the opinion of such officer none of the covenants contained in this Guaranty Agreement will be violated as a result of such acquisition, consolidation, merger or transfer. Section 2. 7. This Guaranty Agreement is entered into by the Corporation for the benefit of the Trustee and the holders from time to time of the Bonds and any successor Trustee or Trustees under the Indenture. Anything in this Guaranty Agreement to the contrary notwithstanding, the holders of a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, at any time, by an instrument or instruments in writing executed and delivered to the Trustee, to direct the method and place of conducting all proceedings to be taken in connection with the enforcement of the terms and conditions of this Guaranty Agreement, provided that such direction shall not be otherwise than in accordance with the provisions of law and of this Guaranty Agreement. Section 2.8. The County, the Hospital, the Authority, the Corporation and the Trustee have entered into a Memorandum of Understanding, dated as of February 1, 1993 (the "Memorandum of Understanding") , pursuant to which, and subject to certain conditions contained therein, the County, the Hospital, the Authority, the Corporation and the trustee may reorganize their present relationships to provide that the Corporation, pursuant to a loan agreement with the Authority, will become the ultimate borrower for purposes of paying the Bonds, as more fully set forth in the Memorandum of Understanding. Upon such reorganization, this Guaranty Agreement may be cancelled and replaced with a loan agreement between the Corporation and the Authority. ARTICLE III INCORPORATION OF SUBLEASE The representations and covenants of the Corporation contained in the sublease are hereby incorporated herein by reference and the Trustee may rely upon such representations and enforce such covenants against the Corporation. -8- WP146302-030/247 W :19 ARTICLE IV NOTICE AND SERVICE OF PROCESS, PLEADINGS AND OTHER PAPERS The Corporation covenants that it is and will remain subject to service of process in the State of Colorado so long as any of the Bonds are Outstanding. If for any reason the Corporation should not remain so qualified, the Corporation hereby designates and appoints, without power of revocation, the Secretary of State of the State of Colorado as the agent of the Corporation upon whom may be served all process, pleadings, notices or other papers which may be served upon the Corporation as a result of any of its obligations under this Guaranty Agreement. ARTICLE V MISCELLANEOUS Section 5. 1. The obligations of the Corporation hereunder shall arise absolutely and unconditionally when the Bonds shall have been issued, sold and delivered by the Authority and the proceeds thereof paid to the Trustee. Section 5.2. No remedy herein conferred upon or reserved to the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default, omission or failure of performance hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Trustee to exercise any remedy reserved to it in this Guaranty Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. In the event any provision contained in this Guaranty Agreement should be breached by the Corporation and thereafter duly waived by the Trustee, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. No waiver, amendment, release or modification of this Guaranty Agreement shall be established by conduct, custom or course of dealing, but solely by an instrument in writing duly executed by the Trustee. The Trustee shall not consent to any waiver, amendment, release or modification of this Guaranty Agreement without notice mailed and the written approval or consent of -9- 92.0';49 wP146302-030/247 the registered owners of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding given as herein provided. If at any time the Corporation shall request the consent of the Trustee to any such proposed waiver, amendment, release or modification of this Guaranty Agreement, the Trustee shall, upon being satisfactorily indemnified, cause notice of such proposed waiver , amendment, release or modification to be given in the same manner as provided by Article IX of the Indenture with respect to supplemental indentures. Such notice shall briefly set forth the nature of such proposed waiver, amendment, release or modification and shall state that copies of the instrument embodying the same are on file at the principal corporate trust office of the Trustee for inspection by all registered owners of the Bonds. Nothing contained herein shall permit or be construed as permitting any waiver, amendment, release or modification of this Guaranty Agreement which would (a) reduce the amount payable by the Corporation hereunder, (b) change the time for payment of the amounts payable by the Corporation hereunder or (c) change the unconditional nture of the Guaranty Agreement herein contained. Section 5.3 . This Guaranty Agreement constitutes the entire agreement, and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof and may be executed simultaneously in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Section 5.4 . The invalidity or unenforceability of any one or more phrases, sentences, clauses or Sections in this Guaranty Agreement shall not affect the validity or enforceability of the remaining portions of this Guaranty Agreement or any part thereof . Section 5. 5. This Guaranty Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. -10- 9301 '9 WP146302-030/247 tr IN WITNESS WHEREOF, the Corporation has caused this Guaranty Agreement to be executed in its name and behalf and its corporate seal to be affixed hereto and attested by its duly authorized officers as of the date first above written [SEAL] NORTH COLORADO MEDICAL CENTER, INC. By Attest: Title: — By Title: - [SEAL] NORWEST BANK DENVER, N.A. , as Trustee By Attest: Title: By Title: x301. s -11- WP146302-030/247 II r I THIRD SUPPLEMENTAL TRUST INDENTURE Between COLORADO HEALTH FACILITIES AUTHORITY And NORWEST BANK DENVER, N.A. , successor in trust to UNITED BANK OF DENVER NATIONAL ASSOCIATION and INTRAWEST BANK OF GREELEY, N.A. , as Trustee Dated as of January 15, 1993 y a WP146302-030/230 r r TABLE OF CONTENTS Paye RECITALS 1 ARTICLE I DEFINITIONS Section 1 .01 . Third Supplemental Indenture Definitions 4 Section 1 .02. Amendment of Definitions in Article I of the Original Indenture 7 Section 1 .03 . Amendment to Definition of Qualified Investments 8 ARTICLE II SERIES 1993 BONDS Section 2.01. Authorized Amount of Series 1993 Bonds. 9 Section 2.02. Bond Details 9 Section 2 . 03 . Execution of Series 1993 Bonds 13 Section 2 .04 . Registration, Transfer and Exchange of Series 1993 Bonds; Persons Treated as Owners 13 Section 2.05. Lost, Stolen, Destroyed and Mutilated Series 1993 Bonds 13 Section 2. 06. Delivery of Series 1993 Bonds 13 Section 2 . 07. Trustee' s Authentication Certificate 14 Section 2. 08. Cancellation and Destruction of Series 1993 Bonds by the Trustee 14 Section 2. 09 . Temporary Series 1993 Bonds 14 Section 2. 10 . Deposit of Series 1993 Bond Proceeds; Other Funds 15 Section 2 . 11 . Payments Under the Series 1993 Bond Insurance Policy 15 ARTICLE III REDEMPTION OF SERIES 1993 BONDS PRIOR TO MATURITY Section 3.01. Redemption of Series 1993 Bonds 18 Section 3.02. Redemption of Series 1992 Bonds Upon Occurrence of Certain Events 21 Section 3 .03 . Notice of Redemption 21 wP146302-030/230 8 r Page Section 3. 04. Notice of Redemption 32 Section 3. 05. Method of Selecting Series 1993 Bonds in Case of Partial Redemption 33 ARTICLE IV AMENDMENTS TO ARTICLE IV OF THE ORIGINAL INDENTURE Section 4 . 01 . Amendment to Section 4 . 02 of the Original Indenture 33 Section 4 .02. Amendment to Section 4 .03 of the Original Indenture 34 Section 4. 03. Amendment to Section 4. 04 of the Original Indenture 34 Section 4. 04. Amendment to Section 4 . 05 of the Original Indenture 36 Section 4 . 05. Amendment to Section 4 . 06 of the Original Indenture 37 Section 4. 06. Amendment to Article IV of the Original Indenture 38 ARTICLE V MISCELLANEOUS AMENDMENTS TO THE ORIGINAL INDENTURE Section 5.01. Amendment to Section 7 . 17 of the Original Indenture 42 Section 5. 02. Amendment to Subsection 8. 01(o) of the Original Indenture 42 Section 5. 03. Amendment to Section 9 .01 of the Original Indenture 43 Section 5. 04. Addition to Article IX of the Original Indenture 44 Section 5. 05. Addition to Article XIII of the Original Indenture 44 Section 5. 06. Addition of Exhibit C to the Original Indenture 44 ARTICLE VI MISCELLANEOUS Section 6. 01 . Bond Insurer as Third Party Beneficiary 44 Section 6.02. Reaffirmation 45 Section 6. 03. Counterparts 45 Section 6. 04. No Lien on Certain Funds; Use of Series 1993 Bond Insurance Policy Proceeds . . . 45 EXHIBIT A--Form of Series 1993 Bond A-1 EXHIBIT B--Form of Option Rights Certificate B-1 EXHIBIT C--Description of Land C-1 -ii- WP146302-030/230 9211r.4.3 r THIS THIRD SUPPLEMENTAL TRUST INDENTURE, dated as of January 15. 1993 (this "Third Supplemental Indenture") , between the COLORADO HEALTH FACILITIES AUTHORITY, a body politic and corporate and an instrumentality of the State of Colorado (the "Authority" ) , and NORWEST BANK DENVER, N.A. , a national banking association duly established, existing and authorized to accept and execute trusts under and by virtue of the laws of the United States, with its principal office, domicile and post office address in Denver, Colorado, as successor in trust to UNITED BANK OF DENVER NATIONAL ASSOCIATION and INTRAWEST BANK OF GREELEY, N.A. , as trustee (the "Trustee") , supplements and amends that certain Trust Indenture, dated as of December 1, 1985, between the Authority and the Trustee, as amended and supplemented by a First Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee and a Second Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee (collectively, the "Original Indenture") (the Original Indenture, this Third Supplemental Indenture and any amendments and supplements thereto and hereto collectively referred to herein as the "Indenture" ) . RECITALS WHEREAS, the Authority is a body politic and corporate of the State of Colorado created under the Colorado Health Facilities Authority Act, Article 25 of Title 25, Colorado Revised Statutes (the "Act" ) ; and WHEREAS, the Authority is authorized under the Act, among other things, to issue bonds to construct, improve, equip or acquire hospitals and health care facilities and to provide working capital for the operations of such hospitals and health care facilities; and WHEREAS, the Authority has, pursuant to the Original Indenture, previously issued its Hospital Refunding Revenue Bonds (North Colorado Medical Center Project) Series 1985 (the "Series 1985 Bonds") in the aggregate principal amount of $15,900,000, of which $14, 125,000 remains outstanding, and its Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990 (the "Series 1990 Bonds" ) in the aggregate principal amount of $42,800,000, all of which are presently outstanding (the Series 1985 Bonds, the Series 1990 Bonds and any additional bonds issued pursuant to the terms and conditions of the Indenture are collectively referred to herein as the "Bonds" ) ; and W9146302-030/230 it nM1 f WHEREAS, weld County, Colorado (the "County") has previously leased certain land and hospital facilities located thereon to the Authority pursuant to a Ground Lease, dated as of December 1, 1985, between the County and the Authority, as amended and supplemented by an Agreement, dated April 27, 1988 (the "Agreement" ) , among the Authority, the County, the Trustee and the hereinafter defined Hospital and Corporation, and a First Supplemental Ground Lease, dated as of November 1, 1990, between the County and the Authority with the consent of the Trustee, the Hospital and the Corporation (collectively, the "Original Ground Lease") ; and WHEREAS, the Authority has previously entered into a Lease, dated as of December 1, 1985, with the Board of Trustees for North Colorado Medical Center (the "Hospital" ) , as approved and accepted by the County, as amended and supplemented by the Agreement, by a First Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County and by a Second Supplemental Lease, dated as of November 1, 1990 between the Authority and the Hospital and accepted and approved by the County (collectively, the "Original Lease") , which Original Lease is being further amended and supplemented simultaneously with the execution and delivery hereof pursuant to a Third Supplemental Lease, dated as of January 15, 1993, between the Authority and the Hospital and accepted and approved by the County; and WHEREAS, the Original Indenture provides that the Authority may issue Additional Bonds (as defined in the Original Indenture) to refund any series of outstanding Bonds in accordance with the Original Indenture, to finance any improvements constituting "health care facilities" within the meaning of the Act to the Hospital Facilities and located on the Land, each as defined in the Original Indenture, as amended, and to obtain funds for any other purposes permitted under the Act upon complying with certain provisions of the Original Indenture; and WHEREAS, the Original Indenture provides that it may be amended and supplemented, with the consent of Municipal Bond Investors Assurance Corporation (the "Bond Insurer") , as the issuer of a municipal bond insurance policy issuing the payment of the principal of and interest on the Series 1990 Bonds, and Credit Suisse, New York Branch (the "Bank") , as the issuer of a standby bond purchase agreement insuring the purchase of Series 1990 Bonds tendered for purchase pursuant to the Original Indenture, but without the consent of the owners of the Series 1985 Bonds or the Series 1990 Bonds, to provide for the issuance of Additional Bonds (as defined in _2_ WP)4&302-030/230 0,20 if +C. r the Original Indenture) , to grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers, or authority that may lawfully be granted to or conferred upon the Bondowners or the Trustee or either of them, and to subject to the lien and pledge of the Original Indenture additional revenues, properties or collateral; and WHEREAS, the Authority has determined that in order to crossover refund a portion of the Series 1990 Bonds and to replace and renovate portions of the Hospital Facilities owned by the Hospital to fund certain capital expenditures for the Hospital Facilities and operated by its sublessee North Colorado Medical Center, Inc. (the "Corporation") and to pay the costs of issuance in connection therewith, the Authority will issue its Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 in the aggregate principa'. amount of $63,875,000 (the "Series 1993 Bonds") ; and WHEREAS, the Series 1993 Bonds, when issued hereunder, will be insured as to the payment of principal and interest (but not premium) as such become due (other than by reason of acceleration of the payment date of principal of the Series 1993 Bonds) under a financial guaranty insurance policy issued by the Bond Insurer, a stock insurance corporation incorporated under the laws of the State of New York; and WHEREAS, the Corporation has guaranteed the payment of the principal of, premium, if any, and interest on the Series 1985 Bonds, the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds pursuant to the terms and conditions of a Guaranty Agreement, dated as of January 15, 1993 (the "Guaranty Agreement" ) , between the Corporation and the Trustee; and WHEREAS, the conditions precedent to the issuance of the Series 1993 Bonds as Additional Bonds have been satisfied; and WHEREAS, the Authority and the Trustee have received the consent of the Bond Insurer and the Bank to the execution and delivery of this Third Supplemental Indenture; and WHEREAS, the Authority, the Hospital, the Corporation and the Trustee, as trustee and as escrow agent, have entered into an Escrow Agreement, dated as of January 15, 1993 (the "Escrow Agreement") , to provide for the crossover refunding of a portion of the Series 1990 Bonds; and -3- i0 WP146302-030/230 9 WHEREAS, all other acts and proceedings required by law necessary to make the Series 1993 Bonds, when authenticated by the Trustee and issued as in the Original Indenture and this Third Supplemental Indenture provided, the valid, binding and legal obligations of the Authority according to the import thereof, and to constitute this Third Supplemental Indenture a valid and binding agreement for the uses and purposes herein set forth in accordance with its terms, have been done and performed, and the execution and delivery of this Third Supplemental Indenture have been in all respects duly authorized; NOW, THEREFORE, THIS THIRD SUPPLEMENTAL INDENTURE, WITNESSETH: ARTICLE I DEFINITIONS Section 1 . 01 . Third Supplemental Indenture Definitions . All capitalized terms used in this Third Supplemental Indenture and not defined herein shall have the meanings assigned to them in the Original Indenture. In addition, the following capitalized terms shall have the following meanings herein and are hereby incorporated as an amendment into Article I of the Original Indenture: "Agent Member" means a member of, or participant in, the Securities Depository. "Environmental Law" means any federal, state or local law, statute, code, ordinance, regulation, requirement, directive or rule relating to dangerous, toxic or hazardous pollutants, contaminants, chemical waste, medical waste, materials or substances. "Escrow Agent" means Norwest Bank Denver, N.A. , in its capacity as escrow agent pursuant to the Escrow Agreement, and any successor escrow agent . "Escrow Agreement" means the Escrow Agreement, dated as of January 15, 1993, among the Authority, the Hospital, the Corporation, the Trustee and the Escrow Agent, providing for the crossover refunding of the Series 1990 Bonds. "Guaranty Agreement" means the Guaranty Agreement, dated as of January 15, 1993, between the Corporation and the Trustee, guarantying the principal of, premium, if any, and interest on the Bonds . -4- WP146302-030/230 Qiel,4 S "Hazardous Material" means dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances as defined in any Environmental Law, and also any urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos containing materials, medical waste, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant or contaminant which would subject an owner or mortgagee or any Bondowner to any damages, penalties or liabilities under any applicable Environmental Law. "Option Period" shall have the meaning set forth in Section 3.03(b) hereof. "Option Rights" shall have the meaning set forth in Section 3.03(a) hereof. "Option Rights Certificate" shall mean certificates evidencing Option Rights. "Option Rights Owner" shall mean, with respect to any Option Right, the person or persons in whose name or names the Option Rights Certificate evidencing such Option Right shall be registered on the books of the Authority kept for that purpose by the Trustee. "Purchase Date" means, with respect to any call for mandatory tender for purchase pursuant to Section 3. 03 hereof, the date on which Series 1993 Bonds or portions thereof called for mandatory tender for purchase are required to be delivered to the Trustee for purchase pursuant to said call . "Purchase Price" shall mean, with respect to any call for mandatory tender for purchase pursuant to Section 3 .03 hereof, the purchase price at which Series 1993 Bonds or portions thereof so called for purchase are to be purchased pursuant to said call . "Securities Depository" means The Depository Trust Company and its successors and assigns or if, (i) the then Securities Depository resigns from its functions as depository of the Series 1993 Bonds or (ii) the Authority discontinues use of the Securities Depository pursuant to Section 2.01(h) of the Third Supplemental Indenture, any other securities depository which agrees to follow the procedures required to be followed by a securities depository in connection with the Series 1993 Bonds and which is selected by the Authority with the consent of the Trustee and the Bond Insurer. -5- WP146302-030/230 9201:113 "Series 1993 Bond Insurance Paying Agent" means Citibank, N.A. , a national banking association organized and existing under the laws of the United States, as insurance paying agent under the Series 1993 Bond Insurance Policy, or any successor bond insurance paying agent appointed by the Bond Insurer. "Series 1993 Bond Insurance Policy" means that certain financial guaranty insurance policy, dated the date of delivery of the Series 1993 Bonds, issued by the Bond Insurer and insuring payment of regularly scheduled principal of and interest on the Series 1993 Bonds. "Series 1993 Bonds" means the $63,875,000 aggregate principal amount of the Authority's Hospital Revenue Bonds (North Colorado Medical Center) Series 1993, authorized to be issued pursuant to the terms and conditions of Article II of the Third supplemental Indenture. "Series 1993 Costs of Issuance Fund" means the Series 1993 Costs of Issuance Fund created in Section 4. 13 of the Indenture. "Series 1993 Interest Payment Date" means each May 15 and November 15, commencing May 15, 1993. "Series 1993 Investment Instructions" means the letter of instructions set forth as an exhibit to the No Arbitrage Certificate of the Authority dated the date of the initial delivery of the Series 1993 Bonds. "Series 1993 Project" means the project financed with the proceeds of the Series 1993 Bonds as more particularly described in Exhibit B to the Third Supplemental Lease. "Series 1993 Project Fund" means the Series 1993 Project Fund created in Section 4. 11 of this Indenture. "Series 1993 Tax Regulatory Agreement" means the Tax Regulatory Agreement, dated January 1, 1993, among the Hospital, the Corporation, the Authority and the Trustee. "Third Supplemental Indenture" means the Third Supplemental Trust Indenture, dated as of January 15, 1993, between the Authority and the Trustee. "Third Supplemental Lease" means the Third Supplemental Lease, dated as of January 15, 1993, between the Authority and the Hospital and accepted and approved by the County. -6- wPic6302-030/230 on i i S Section 1 . 02. Amendment of Definitions in Article I of the Original Indenture. The following definitions in Article I of the Original Indenture are hereby amended to read as follows: "Debt Service Reserve Fund Requirement" means $1,000,000 with respect to the Series 1985 Bonds and an amount equal to the maximum Annual Debt Service with respect to the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds. "Hospital Facilities" means the Land, and the health care buildings and structures located on the Land on the date of issuance and delivery of the Series 1993 Bonds, which constitutes the North Colorado Medical Center owned by the County and operated through a Board of Trustees appointed by the Board of County Commissioners of Weld County, and subleased to the Corporation pursuant to the Sublease. "Outstanding" or "Bonds outstanding" means all Bonds which have been duly authenticated, and delivered by the Trustee under this Indenture, except: (a) Bonds cancelled after purchase in the open market or because of payment at or redemption prior to maturity; (b) Bonds for the payment of which has been provided pursuant to Section 11. 01 hereof; and (c) Bonds in lieu of which other Bonds have been authenticated under Section 2.08. Series 1990 Bonds purchased by the Bank through payments under the Standby Bond Purchase Agreement and held by the Bank or a Bank Holder or held by the Bond Insurer following payments made under the Bond Insurance Policy and not described in clauses (a)-(c) above or Series 1993 Bonds held by the Bond Insurer following payments made under the Series 1993 Bond Insurance Policy and not described in clauses (a)-(c) above are deemed to be Outstanding. -7- wF146302-030/230 €.17C" i 4O .J.W /� J "Regular Record Date" means, with respect to the Series 1985 Bonds, with respect to Series 1990 Bonds bearing interest at the Fixed Rate and with respect to the Series 1993 Bonds, the last calendar day of the calendar month next preceding each regularly scheduled interest payment date on the Series 1985 Bonds, the Series 1990 Interest Payment Date or the Series 1993 Interest Payment Date, as the case may be, and, with respect to other Series 1990 Bonds, means (i) when such Series 1990 Bonds bear interest at the Weekly Rate, the Business Day five days prior to each Series 1990 Interest Payment Date, and (ii) with respect to any Series 1990 Bonds which are Bank Bonds, the Series 1990 Interest Payment Date with respect thereto. "Sublease" means the Operating Sublease, dated March 8, 1985, between the Hospital, as sublessor, and the Corporation, as sublessee, entered into in accordance with Section 6. 13 of the Lease, as amended, supplemented and restated by the Amended and Restated Operating Sublease, between the Hospital and the Corporation, as further amended and supplemented by the Agreement dated April 27, 1988, among the Hospital, the Corporation, the Authority, the County and the Trustee and, as further amended, supplemented and restated by the Second Amended and Restated Operating Sublease, dated as of November 1, 1990, between the Hospital and the Corporation, and the Third Amended and Restated Operating Sublease, dated as of January 15, 1993, between the Hospital and the Corporation, including any further amendments and supplements thereto or restatements thereof. Section 1 . 03 . Amendment to the Definition of Qualified Investments. Paragraph (d) of the definition of Qualified Investments is hereby amended in its entirety to read as follows: (d) repurchase agreements for a term not in excess of 30 days that are fully secured by obligations described in clauses (a) or (b) above with any bank, trust company or national banking association which is a member of the Federal Reserve System which has combined capital and surplus aggregating at least $50,000,000, provided that the Trustee or an agent thereof shall take physical possession of the collateral obligations, that the Trustee shall have received a legal opinion to the effect that such repurchase -8- S20'71..13 wc146302-030/230 agreement is a legal investment under the laws of the State of Colorado for the moneys to be so invested and that the Trustee has a perfected security interest in such collateral free and clear of all claims of any third parties, and provided further that such collateral obligations shall be valued weekly and shall be equal to 104% of the amount of the repurchase agreement (or 105% in the case where the collateral consists of obligations of the Federal National Mortgage Association or the Federal Home Loan Bank Board); ARTICLE II SERIES 1993 BONDS Section 2. 01. Authorized Amount of Series 1993 Bonds. The total principal amount of Series 1993 Bonds which may be issued is hereby expressly limited to $63,875,000 . Section 2. 02. Bond Details. (a) The Series 1993 Bonds shall be designated "Colorado Health Facilities Authority, Hospital Revenue Bonds (North Colorado Medical Center) Series 1993. The Series 1993 Bonds shall be issued in fully registered form without coupons and may be issued in denominations of $5,000 or any integral multiple of $5,000, (provided that no Series 1993 Bond may be in a denomination which exceeds the principal of such series coming due on any principal payment date) . The Series 1993 Bonds shall be numbered separately and lettered, if at all, in such manner as the Trustee may determine. (b) The Series 1993 Bonds shall be dated as of January 15, 1993 . The Series 1993 Bonds shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) from such date, until payment of principal of such Series 1993 Bonds has been made or provided for, payable semiannually on May 15 and November 15 of each year (each, a "Series 1993 Interest Payment Date") , commencing May 15, 1993, except that Series 1993 Bonds which are reissued upon transfer, exchange or other replacement shall bear interest from the most recent Series 1993 Interest Payment Date to which interest has been paid or duly provided for with respect to such Series 1993 Bonds, or if no interest has been paid, from the date of the Series 1993 Bonds. (c) The Series 1993 Bonds shall bear interest at the rates per annum and shall mature on May 15 in the years and in the principal amounts as follows: -9- WI)746302-030/230 ti - 93 Interest Rate Principal Maturity (Per Annum) Amount Dates $345,000 1994 360,000 1995 375,000 1996 390, 000 1997 410,000 1998 430,000 1999 1,555,000 2000 1,640,000 2001 1,730,000 2002 1,835,000 2003 1,940,000 2004 2,055,000 2005 18,325,000 2012 32,485, 000 2020 (d) The Series 1993 Bonds are subject to prior redemption as herein set forth. The Series 1993 Bonds shall be substantially in the form and tenor set forth in Exhibit A attached hereto with such appropriate variations, omissions and insertions as are permitted or required by the Indenture. (e) The principal of and premium, if any, on the Series 1993 Bonds shall be payable in lawful money of the United States at the office of the Trustee in Denver, Colorado, or at the principal office of its successor in trust upon presentation and surrender of the Series 1993 Bonds. Payment of interest on any Series 1993 Bond shall be made to the Holder thereof by check or draft mailed by the Trustee to the Holder at his or her address as it last appears on the registration books kept by the Trustee at the close of business on the Regular Record Date for such Series 1993 Interest Payment Date, but any such interest not so timely paid or duly provided for shall cease to be payable to the Holder thereof at the close of business on the Regular Record Date and shall be payable to the Holder thereof at the close of business on a Special Record Date for the payment of any such defaulted interest . Such Special Record Date shall be fixed by the Trustee whenever moneys become available for payment of the defaulted interest, and notice of such Special Record Date shall be given to the Holder thereof not less than ten days prior thereto by first-class mail to each such Holder as shown on the Trustee's registration books on the date selected by the Trustee, stating the date of the Special Record Date and the date fixed for -10- (!� uv1a6302-030/230 _ the payment of such defaulted interest. Notwithstanding the foregoing, payment of interest to the Securities Depository or its nominee shall be paid by wire transfer. All payments on the Bonds shall be made in lawful money of the United States of America. (f) Except as otherwise provided in this Section, the Series 1993 Bonds in the form of one global bond for each stated maturity date shall be registered in the name of the Securities Depository or its nominee and ownership thereof shall be maintained in book-entry form by the Securities Depository for the account of the Agent Members. Initially, each Series 1993 Bond shall be registered in the name of CEDE & Co. , as the nominee of The Depository Trust Company. Except as provided in subsection (h) of this Section the Series 1993 Bonds may be transferred, in whole but not in part, only to the Securities Depository or a nominee of the Securities Depository or to a successor Securities Depository selected or approved by the Authority or to a nominee of such successor Securities Depository. Each global bond shall bear a legend substantially to the following effect: "Except as otherwise provided in the Indenture, this global bond may be transferred, in whole but not in part, only to another nominee of the Securities Depository (as defined in the Indenture) or to a successor Securities Depository or to a nominee of a successor Securities Depository. " (g) Except as otherwise provided herein, the Authority and the Trustee shall have no responsibility or obligation with respect to (i) the accuracy of the records of the Securities Depository or any Agent Member with respect to any beneficial ownership interest in the Series 1993 Bonds, (ii) the delivery to any Agent Member, beneficial owner of the Series 1993 Bonds or other Person, other than the Securities Depository, of any notice with respect to the Series 1993 Bonds or ( iii) the payment to any Agent Member, beneficial owner of the Series 1993 Bonds or other Person, other than the Securities Depository, of any amount with respect to the principal of or interest on the Series 1993 Bonds . So long as the certificates for the Series 1993 Bonds issued under the Indenture are not issued pursuant to subsection (h) of this Section the Authority and the Trustee may treat the Securities Depository as, and deem the Securities Depository to be, the absolute owner of the Series 1993 Bonds for all purposes whatsoever, including, without limitation, (i) the payment of principal of and interest on such Series 1993 Bonds, (ii) giving notices of redemption and other matters with -11- WP146302-030/230 y1 ,e -=-g respect to such Series 1993 Bonds and (iii) registering transfers with respect to such Series 1993 Bonds. In connection with any notice or other communication to be provided to Bondowners pursuant to the Indenture by the Authority or the Trustee with respect to any consent or other action to be taken by Bondowners, the Authority or the Trustee, as the case may be, shall establish a record date for such consent or other action and, if the Securities Depository shall hold all of the Series 1993 Bonds, give the Securities Depository notice of such record date not less than fifteen (15) calendar days in advance of such record date to the extent possible. Such notice to the Securities Depository shall be given only when the Securities Depository is the sole Bondowner . (h) If at any time the Securities Depository notifies the Authority, the Trustee and the Bond Insurer that it is unwilling or unable to continue as Securities Depository with respect to any or all of the Series 1993 Bonds or if at any time the Securities Depository shall no longer be registered or in good standing under the Securities Exchange Act or other applicable statute or regulation and a successor Securities Depository is not appointed by the Authority and with the consent of the Bond Insurer within 90 days after the Authority receives notice or becomes aware of such condition, as the case may be, then subsections (f) and (g) shall no longer be applicable and the Authority shall execute and the Trustee shall authenticate and deliver certificates representing the Series 1993 Bonds as provided below. In addition, the Authority may determine at any time that the Series 1993 Bonds shall no longer be represented by global certificates and that the provisions of subsections (f) and (g) of this Section shall no longer apply to the Series 1993 Bonds . In such event, the Authority shall execute and the Trustee shall authenticate and deliver certificates representing the Series 1993 Bonds as provided below. Certificates for the Series 1993 Bonds issued in exchange for a global certificate pursuant to this subsection shall be registered in such names and authorized denominations as the Securities Depository, pursuant to instructions from the Agent Members or otherwise, shall instruct the Authority and the Trustee. The Trustee shall promptly deliver such certificates representing the Series 1993 Bonds to the Persons in whose names such Series 1993 Bonds are so registered. —12— wP146302-030/230 A—t 1 Section 2. 03. Execution of Series 1993 Bonds. The Series 1993 Bonds shall be executed in accordance with the provisions of the Indenture. Section 2.04. Registration, Transfer and Exchange of Series 1993 Bonds; Persons Treated as Owners. The Series 1993 Bonds shall be registered, transferred and exchanged in accordance with the provisions of the Indenture. As to any Series 1993 Bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute Owner thereof for all purposes, except to the extent otherwise provided herein with respect to Regular Record Dates and Special Record Dates for the payment of interest, and payment of principal of, premium, if any, or interest on any Series 1993 Bond shall be made only to or upon written order of the Owner thereof or his legal representative, but such registration may be changed as hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Series 1993 Bond to the extent of the sum or sums paid. Notwithstanding the foregoing, the provisions of this Section are subject to subsections (f) and (g) of Section 2. 02 hereof. Section 2 . 05. Lost, Stolen, Destroyed and Mutilated Series 1993 Bonds. Lost, stolen, destroyed and mutilated Series 1993 Bonds shall be replaced in accordance with the provisions of the Indenture. Section 2.06. Delivery of Series 1993 Bonds. Upon the execution and delivery of this Third Supplemental Indenture, the Authority shall execute and deliver to the Trustee and the Trustee shall authenticate the Series 1993 Bonds and (subject to the provisions of paragraph (d) below) deliver them to the purchasers as may be directed by the Authority as hereinafter in this Section provided. Prior to the delivery by the Trustee of any of the Series 1993 Bonds there shall be filed with the Trustee: (a) a copy, duly certified by the Executive Director or other officer of the Authority, of the resolution adopted and approved by the Authority authorizing the execution and delivery of the Third Supplemental Lease, this Third Supplemental Indenture and the Escrow Agreement and the issuance and sale of the Series 1993 Bonds; -13-- ^�"»Q r +9 WP146302-030/230 ' " ` (b) an estimate by the Hospital of the amount of costs to be incurred for the purposes for which the Series 1993 Bonds are issued, together with such other items as are required to be delivered pursuant to Section 2 .07 of the Original Indenture; (c) originally executed counterparts of this Third Supplemental Indenture, the Third Supplemental Lease, the Escrow Agreement, the Guaranty Agreement and the Series 1993 Bond Insurance Policy; and (d) a Written Request of the Authority to the Trustee requesting the Trustee to authenticate the Series 1993 Bonds in the aggregate principal amount not exceeding $63,875,000 and deliver the same to PaineWebber incorporated upon payment to the Trustee but for account of the Authority, of a sum specified in such Written Request plus accrued interest thereon, if any, to the date of delivery. Section 2. 07. Trustee' s Authentication Certificate. The Trustee' s authentication certificate upon the Series 1993 Bonds shall be substantially in the form and tenor herein provided as Exhibit A. No Series 1993 Bond shall be secured hereby or entitled to the benefit hereof, or shall be valid or obligatory for any purpose, unless the certificate of authentication, substantially in such form, has been duly executed by the Trustee; and such certificate of the Trustee upon any Series 1993 Bond shall be conclusive evidence and the only competent evidence that such Series 1993 Bond has been authenticated and delivered hereunder. The Trustee's certificate of authentication shall be deemed to have been duly executed by it if manually signed by an authorized officer of the Trustee, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Series 1993 Bonds issued hereunder. Section 2 .08. Cancellation and Destruction of Series 1993 Bonds by the Trustee. Whenever any outstanding Series 1993 Bonds thereto shall be delivered to the Trustee for the cancellation thereof pursuant to the Indenture, upon payment of the principal amount or for replacement pursuant to the Indenture, such Series 1993 Bonds shall be promptly cancelled and destroyed by the Trustee and counterparts of a certificate of destruction evidencing such destruction shall be furnished by the Trustee to the Authority. Section 2 .09 . Temporary Series 1993 Bonds. Pending the preparation of definitive Series 1993 Bonds, the Authority may execute and the Trustee shall authenticate and deliver temporary Series 1993 Bonds . Temporary Series 1993 Bonds -14- WP146302-030/230 shall be issued as fully registered Series 1993 Bonds of any denomination, and substantially in the form of the definitive Series 1993 Bonds, but with such omissions, insertions and variations as may be appropriate for temporary Series 1993 Bonds, all as may be determined by the Authority. Every temporary Series 1993 Bond shall be executed by the Authority and be authenticated by the Trustee upon the same conditions and in substantially the same manner, and with like effect, as the definitive Series 1993 Bonds. As promptly as practicable the Authority shall execute and shall furnish definitive Series 1993 Bonds and thereupon temporary Series 1993 Bonds may be surrendered in exchange therefor without charge at the designated office of the Trustee, and the Trustee shall authenticate and deliver in exchange for such temporary Series 1993 Bonds a like aggregate principal amount of definitive Series 1993 Bonds. Until so exchanged the temporary Series 1993 Bonds shall be entitled to the same benefits under the Indenture as definitive Series 1993 Bonds. Section 2. 10 . Deposit of Series 1993 Bond Proceeds; Other Funds. The Authority shall deposit with the Trustee all of the net proceeds from the sale o£ the Series 1993 Bonds (other than $ which shall be wired directly to the Bond Insurer as the premium payment for the Series 1993 Bond Insurance Policy) , and the Trustee shall deposit such proceeds as follows: (a) To the credit of the Interest Fund, the sum of $_ representing accrued interest on the Series 1993 Bonds; (b) To the credit of the Escrow Fund established pursuant to the Escrow Agreement, the sum of $ ,• (c) To the credit of the Series 1993 Costs of Issuance Fund, the sum of $ ; and (d) To the credit of the Series 1993 Project Fund the balance. Section 2. 11 , Payments Under the Series 1993 Bond Insurance Policy. (a) In the event that on the second Business Day, and again on the Business Day, preceding any principal or interest payment date on the Series 1993 Bonds, the Trustee has not received sufficient moneys to pay all principal of and interest on the Series 1993 Bonds due on the Series 1993 Bonds on such principal or interest payment date, the Trustee shall immediately notify the -15- fr.no,, WP146302-030/230 Bond Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency. (b) If the deficiency is made up in whole or in part prior to or on such principal or interest payment date, the Trustee shall so notify the Bond Insurer or its designee. (c) In addition, if the Trustee has notice that any of the Bondowners have been required to disgorge payments of principal or interest on Series 1993 Bonds to the Authority or to the trustee in bankruptcy for creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes a voidable preference to such Holders within the meaning of any applicable' bankruptcy laws, then the Trustee shall notify the Bond Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. (d) The Trustee is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Holders of the Series 1993 Bonds as follows: (i) if and to the extent there is a deficiency in amounts required to pay interest on the Series 1993 Bonds, the Trustee shall (A) execute and deliver to Citibank, N.A. , or its successors under the Series 1993 Bond Insurance Policy (the "Series 1993 Bond Insurance Paying Agent") , in form satisfactory to the Series 1993 Bond Insurance Paying Agent, an instrument appointing the Bond Insurer as agent for such Holders in any legal proceeding related to the payment of such interest and an assignment to the Bond Insurer of the claims for interest to which such deficiency relates and which are paid by the Bond Insurer, (B) receive as designee of the respective Holders (and not as Trustee) in accordance with the tenor of the Series 1993 Bond Insurance Policy payment from the Bond Insurance Paying Agent with respect to the claims for interest so assigned and (C) disburse the same to such respective Holders; and -16- q,,�n r "g 0146302-030/230 ✓ , (ii) if and to the extent of a deficiency in amounts required to pay principal of the Series 1993 Bonds, the Trustee shall (A) execute and deliver to the Series 1993 Bond Insurance Paying Agent an instrument appointing the Bond Insurer as agent for such Holder in any legal proceeding relating to the payment of such principal and an assignment to the Bond Insurer of any of the Series 1993 Bonds surrendered to the Series 1993 Bond Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Trustee and available for such payment (but such assignment shall be delivered only if payment from the Series 1993 Bond Insurance Paying Agent is received) , (B) receive as designee of the respective Holders (and not as Trustee) in accordance with the tenor of the Series 1993 Bond Insurance Policy payment therefor from the Series 1993 Bond Insurance Paying Agent and (C) disburse the same to such Holders. (e) Payments with respect to claims for interest on and principal of Series 1993 Bonds disbursed by the Trustee from proceeds of the Series 1993 Bond Insurance Policy shall not be considered to discharge the obligation of the Authority with respect to such Series 1993 Bonds as set forth in Article XI of the Original Indenture, and. the Bond Insurer shall become the Bondowner of such unpaid Series 1993 Bond and claims for interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise. (f) Irrespective of whether any such assignment is executed and delivered, the Authority and the Trustee hereby agree for the benefit of the Bond Insurer that: (i) they recognize that to the extent the Bond Insurer makes payments, directly or indirectly (as by paying through the Trustee) , on account of principal of or interest on the Series 1993 Bonds, the Bond Insurer will be subrogated to the rights of such Holders to receive the amount of such principal and interest from the Authority, with interest thereon as provided and solely from the sources stated in the Indenture and the Series 1993 Bonds, and (ii) they will accordingly pay to the Bond Insurer the amount of such principal and interest (including principal and interest recovered under —17— nest r uPta6302-030/230 subparagraph (ii) of the first paragraph of the Series 1993 Bond Insurance Policy, which principal and interest shall be deemed past due and not to have been paid) , with interest thereon as provided in the Indenture and the Series 1993 Bond, but only from the sources and in the manner provided herein for the payment of principal of and interest on the Series 1993 Bonds to Holders, and will otherwise treat the Bond Insurer as the owner of such rights to the amount of such principal and interest. (g) In connection with the issuance of Additional Bonds, if any, under the Indenture, the Authority shall deliver to the Bond Insurer a copy of the disclosure document, if any, circulated with respect to such Additional Bonds. (h) Copies of any amendments made to the documents executed in connection with the issuance of the Series 1993 Bonds which are consented to by the Bond Insurer shall be sent by the Trustee to Moody' s and S&P. (i) The Bond Insurer shall receive notice of the resignation or removal of the Trustee and the appointment of a successor thereto. (j) The Bond Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an annual basis, copies of the Corporation's audited financial statements and annual budget . (k) Any notice that is required to be given to a holder of a Series 1993 Bond or to the Trustee pursuant to the Indenture shall also be provided to the Bond Insurer. All notices required to be given to the Bond Insurer under the Indenture shall be in writing and shall be sent by registered or certified mail addressed to Municipal Bond Investors Assurance Corporation, 113 King Street, Armonk, New York 10504, Attention: Surveillance Department. ARTICLE III REDEMPTION OF SERIES 1993 BONDS PRIOR TO MATURITY Section 3 . 01. Redemption of Series 1993 Bonds. (a) Optional Redemption of Series 1993 Bonds. The Series 1993 Bonds maturing on or after May 15, are redeemable by the Authority, upon direction of the -18- wP146302-030/230 O2O S Hospital, on or after May 15, , as a whole at any time or in part on any Series 1993 Interest Payment Date, at the redemption prices set forth below (expressed as percentages of principal amount) and accrued interest to the redemption date to the extent the Hospital has not sold Option Rights exercisable on the proposed redemption date for Series 1993 Bonds of the same maturity as the Series 1993 Bonds that are proposed to be called for redemption. Redemption Date (Dates Inclusive) Redemption Prices May 15, _ through May 14, 102% May 15, through May 14, 101 May 15, _ and thereafter 100 If Option Rights exercisable on the proposed redemption date have been sold by thb Hospital for only a portion of the Series 1993 Bonds of a particular maturity, the principal amount of Series 1993 Bonds of such maturity that are subject to redemption on such redemption date pursuant to this Section shall not exceed the principal amount of Series 1993 Bonds of such maturity for which Option Rights exercisable on such proposed redemption date have not been sold by the Hospital . (b) Mandatory Sinking Fund Redemption of Series 1993 Bonds. The Series 1993 Bonds maturing on May 15, 2012 are subject to mandatory redemption by lot in such manner as the Trustee shall determine in the amounts set forth below at a price equal to 100% of the principal amount of Series 1993 Bonds being redeemed plus accrued interest to the date of redemption. (May 15) Redemption Date Principal Amount 2006 2007 2008 2009 2010 2011 2012* *Maturity -19- WP146302-030/230 nit nite^ i The Series 1993 Bonds maturing on May 15, 2020 are subject to mandatory redemption by lot in such manner as the Trustee shall determine in the amounts set forth below at a price equal to 100% of the principal amount of Series 1993 Bonds being redeemed plus accrued interest to the date of redemption. (May 15) Redemption Date Principal Amount 2013 2014 2015 2016 2017 2018 2019 2020* *Maturity At the option of the Hospital, to be exercised by delivery of a written certificate to the Trustee at any time on or before the 60th day next preceding any scheduled mandatory redemption date, the Hospital may (a) deliver to the Trustee for cancellation Series 1993 Bonds which are subject to redemption pursuant to this Section on such date or portions thereof ($5,000 or any integral multiple thereof) in any aggregate principal amount desired by the Hospital or (b) specify a principal amount of Series 1993 Bonds which are subject to redemption pursuant to this Section on such date or portions thereof ($5,000 or any integral multiple thereof) which prior to the date of delivery of such certificate have been either redeemed (otherwise than pursuant to this Section) or purchased by the Hospital and cancelled by the Trustee at the request of the Hospital and theretofore applied as a credit against any scheduled mandatory redemption obligation. Each such Series 1993 Bond or portion thereof so delivered or previously redeemed shall be credited by the Trustee at 100% of the principal amount thereof against the obligation of the Authority to redeem Series 1993 Bonds of the same maturity as such Series 1993 Bond pursuant to this Section on the scheduled mandatory redemption date or dates for such Series 1993 Bonds specified by the Hospital in such written certificate; provided that (i) any Series 1993 Bonds purchased with moneys in the Bond Principal Fund or the Optional Redemption Fund shall be credited first against the obligation to so -20- WP146302-030/230 oThn/ 7 1 redeem such Series 1993 Bonds on the next scheduled mandatory redemption payment date until such obligation is satisfied and (ii) such credit shall not result in the principal amount of Series 1993 Bonds of such maturity for which Option Rights evidenced by Option Rights Certificates exist for any Option Period to exceed the principal amount of Series 1993 Bonds of such maturity scheduled to be Outstanding at any time during such Option Period, taking into account all scheduled mandatory redemptions pursuant to this Section. Section 3.02. Redemption of Series 1993 Bonds Upon Occurrence of Certain Events. The Series 1993 Bonds are redeemable by the Authority in the event (i) of damage to or destruction of the Hospital Facilities or any part thereof or condemnation of the Hospital Facilities or any part thereof to the extent of funds provided for in Article VII of the Lease or (ii) the Hospital shall exercise its option to prepay rents under the Lease in an amount sufficient to redeem all or a portion of the Series 1993 Bonds then outstanding. If called for redemption in the events referred to in (i) above, such Series 1993 Bonds shall be subject to redemption by the Authority, at the direction of the Hospital, at any time, in whole or in part by lot in such manner as may be designated by the Trustee, at the principal amount thereof plus accrued interest to the redemption date and without premium. If called for redemption in the event referred to in (ii) above, such Series 1993 Bond shall be subject to redemption, in whole or in part, at the times and in the manner and with the same premium, if any, set forth in Section 3 . 01 of this Third Supplemental Indenture as if such Series 1993 Bonds were being redeemed at the option of the Authority. Section 3 .03. Option to Purchase Series 1993 Bonds and Sale of Option Rights. (a) Option to Purchase. In addition to being subject to redemption, the Series 1993 Bonds are subject to rights to call the Series 1993 Bonds for mandatory tender for purchase, in whole or in part (in integral multiples of $5,000) , at the times and the purchase prices (expressed as percentages of the principal amount to be purchased) specified below, plus accrued interest to the purchase date, from the maturity or maturities selected by the Hospital or its registered assigns and within a maturity by lot selected by the Trustee in such manner as the Trustee shall determine, which rights, to the extent permitted by law, are hereby created as terms of the Series 1993 Bonds by the Authority and granted to the Hospital or its registered assigns. -21- wPta6302-030/230 Off¢r •s q Purchase Date (Dates Inclusive) Purchase Prices May 15, through May 14, 102% May 15, through May 14, 101 May 15, and thereafter 100 Such rights to call Series 1993 Bonds or portions thereof for mandatory tender for purchase and to purchase such Series 1993 Bonds or portions thereof upon the terms and conditions set forth herein are referred to herein as "Option Rights. " If the Hospital exercises any of the Option Rights, they shall be exercised in the same manner as described in Subsections 3.03(g) and (1) hereof . The purchase of Series 1993 Bonds by the Authority or the Hospital or the advance or use of any funds by the Authority or the Hospital to effectuate any such purchase shall not be deemed to be a payment or redemption of such Series 1993 Bonds or of any portion thereof so purchased, and such purchase shall not operate to extinguish or discharge the indebtedness evidenced by the Series 1993 Bonds, unless the Authority or the Hospital surrenders such Series 1993 Bonds, accompanied by certificates evidencing the Option Rights exercisable for Series 1993 Bonds (the "Option Rights Certificates" ) of the same maturity or maturities and principal amounts as such Series 1993 Bonds during the period extending from the date such Series 1993 Bonds are delivered to the Trustee to the maturity or maturities of such Series 1993 Bonds (or, in the case of Series 1993 Bonds that are subject to scheduled mandatory redemption pursuant to Subsection 3.01(b) hereof and that are to be credited against the obligation of the Authority to redeem such Bonds on a scheduled mandatory redemption date pursuant to said Section as specified by the Hospital in a written certificate that has been delivered to the Trustee in accordance with said Section, to said scheduled mandatory redemption date) to the extent the Hospital has sold Option Rights evidenced by such Option Rights Certificates, to the Trustee with instructions that such Series 1993 Bonds be cancelled. Neither the Authority nor the Hospital may resell any Series 1993 Bond purchased pursuant to the exercise of any Option Right unless the Trustee has been furnished with an opinion of counsel nationally recognized on the subject of municipal bonds to the effect that such sale will not result in interest on the Series 1993 Bonds becoming includable in gross income for purposes of federal income taxation. -22- wP146302-030/230 ^'71A r (b) Sale of Option Rights. The Hospital, with the consent of the Bond Insurer, may sell or otherwise transfer all or any part of the Option Rights, but only upon furnishing the Trustee with an opinion of counsel nationally recognized on the subject of municipal bonds to the effect that (i) such Option Rights have been validly created and granted to the Hospital and that the sale or other transfer thereof is consistent with the Act, (ii) such sale will not result in interest on the Series 1993 Bonds becoming includable in gross income for purposes of federal income taxation under then existing law, ( iii) such sale will not result in the recognition of gain or loss on the sale or exchange of property within the meaning of Section 1001 of the Code, and (iv) such sale is not subject to (A) the registration requirements of the Securities Act of 1933, as amended, (B) the registration requirements of the Securities Exchange Act of 1934, as amended, or (C) the qualification requirements of the Trust Indenture Act of 1939, as amended, or that the registration or qualification requirements (as applicable) of each such act have been complied with. Any such sale will transfer to the purchaser thereof all or a designated part of the Hospital ' s rights during a designated period of time (the "Option Period" ) to require the mandatory tender for purchase of a designated principal amount of a designated maturity of the Series 1993 Bonds and to purchase such Series 1993 Bonds. The designated principal amount of a designated maturity of Series 1993 Bonds for which Option Rights are sold for any Option Period shall not exceed the principal amount of such Series 1993 Bonds expected to be Outstanding at any time during such Option Period taking into account all scheduled mandatory redemptions pursuant to Subsection 3 . 01(b) hereof. If Option Rights for an Option Period for a designated principal amount of a designated maturity of the Series 1993 Bonds are sold, during such Option Period such principal amount of Series 1993 Bonds of such maturity shall not be subject to redemption pursuant to Section 3 . 01(a) . Any exercise by an Option Rights owner of its Option Rights is subject to the terms, conditions and prices specified in Subsection 2 . 21(a) and Subsection 3 . 01(a) hereof for purchase by the Hospital and the other provisions of this Section. (c) Notice of Proposed Sale of Option Rights. Between 180 and 30 days prior to the execution by the Hospital of a contract for sale of any Option Rights hereunder, the Hospital shall cause the Trustee, at the expense of the Hospital, to give notice of the proposed sale by certified or registered mail (or, if the Series —23— wp146302-030/230 0.1)0 1A. 7 • 1993 Bonds are no longer held in book-entry only form, by first-class mail) to the Authority, the Hospital and the Owners of each Series 1993 Bond of the maturity or maturities to which such Option Rights pertain at the address shown on the registration books maintained by the Trustee. Such notice shall state that it is a notice of proposed sale of Option Rights with respect to the Series 1993 Bonds of such maturity or maturities and shall include the name and address of a person or entity designated by the Hospital from which additional information concerning the proposed sale may be obtained. In addition, such notice shall state that the opinion of counsel nationally recognized on the subject of municipal bonds required by paragraph (b) above will be delivered prior to the proposed sale, shall list the maturities with respect to which the Option Rights are proposed to be sold and the CUSIP numbers of the Series 1993 Bonds corresponding to those maturities. Notwithstanding the foregoing, the failure to give such notice by mailing, or any defect therein, shall not affect the validity of the proceedings for the sale of Option Rights. The Trustee, as long as a book-entry system is used for the Series 1993 Bonds, will send notices of sale of Option Rights only to the Securities Depository, as the Owner of the Series 1993 Bonds, with a request that the Securities Depository so notify the DTC Participants and request the DTC Participants to notify the beneficial owners of the Series 1993 Bonds of such sale of Option Rights. Any failure of the Securities Depository to advise any of the DTC Participants, or of any DTC participant or any nominee to notify any beneficial owner of the Series 1993 Bonds, of any such notice and its content or effect will not affect the validity or sufficiency of any proceedings relating to the sale of Option Rights. (d) Form and Execution of Option Rights Certificates . The Option Rights sold pursuant to paragraph (b) above shall be evidenced by Option Rights Certificates substantially in the form set forth on Exhibit B, with appropriate variations, omissions and insertions as permitted or required by this Indenture. No single Option Rights Certificate shall apply to more than one maturity of the Series 1993 Bonds. The Option Rights Certificates shall be executed on behalf of the Trustee by an authorized officer of the Trustee, but it shall not be necessary that the same officer execute all of the Option Rights Certificates. -24- WP746302-030/230 IMMO (e) Mutilated, Lost, Stolen or Destroyed Option Rights Certificates. In the event any Option Rights Certificate is mutilated, lost, stolen or destroyed, the Trustee shall execute a new Option Rights Certificate, marked "Duplicate, " of like number, relating to Series 1993 Bonds of the same maturity in the same principal amount and for the same Option Period to that of the Option Rights Certificate mutilated, lost, stolen or destroyed, provided that, in the case of any mutilated Option Rights Certificate, such mutilated Option Rights Certificate shall first be surrendered to the Trustee, and in the case of any lost, stolen or destroyed Option Rights Certificate, there first shall be furnished to the Authority and the Trustee evidence of such loss, theft or destruction satisfactory to the Authority and the Trustee, together with an indemnity satisfactory to them. The Authority and the Trustee may charge the owner of such Option Rights Certificate with their reasonable fees and expenses for such service. (f) Registration and Exchange of Option Rights Certificates; Persons Treated as Owners. (i) The Authority shall cause Books for the registration and for the transfer of the Option Rights Certificates as provided in this Indenture to be kept by the Trustee, as the bond registrar of the Authority. Upon surrender for transfer of any Option Rights Certificate at the principal or other designated corporate trust office of the Trustee, duly endorsed for transfer or accompanied by an assignment duly executed by the Option Rights Owner or his attorney duly authorized in writing, the Trustee shall execute and deliver in the name of the transferee or transferees a new Option Rights Certificate or Option Rights Certificates relating to Series 1993 Bonds of the same maturity in the same aggregate principal amount for the same Option Period or, if so provided in the Option Rights Certificate being surrendered, for Option Periods covering in the aggregate the same period of time. (ii) Option Rights Certificates may be exchanged at the principal or other designated corporate trust office of the Trustee for Option Rights Certificates relating to Series 1993 Bonds of the same maturity in the same aggregate principal amount for Option Periods covering in the aggregate the same period of time. -25- WP146302-030/230 0110 v L., (iii) The Trustee or DTC may charge the Option Rights Owner requesting exchange or transfer of any Option Rights Certificate a reasonable fee plus the cost of printing such Option Rights Certificate and other costs incurred by the Trustee, if any, for each new Option Rights Certificate issued upon any exchange or transfer . In each case, the Trustee or DTC shall require the payment by the Option Rights Owner requesting exchange or transfer of any tax or other governmental charge required to be paid with respect to such exchange or transfer. (iv) The Trustee shall not be required to transfer or exchange any Option Rights Certificate during the period of 15 days next preceding the giving of any notice of redemption or mandatory tender for purchase. (v) As to any Option Rights Certificate, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, but such registration may be changed as hereinabove provided. (vi) If instructed in writing to do so by the Hospital in connection with the sale of Option Rights pursuant to paragraph (b) above, and if DTC agrees to accept the responsibilities of a securities depository with respect to the Option Rights Certificates, a book-entry only registration system shall be established initially for the Option Rights under which the Option Rights Certificates shall initially be registered in the name of Cede & Co. or other designated nominee for DTC, and no beneficial owner will receive certificates evidencing their respective interests in the Option Rights, except in the event the Trustee issues Replacement Option Rights Certificates as provided below. In such event, it is anticipated that DTC will make book-entry transfers among the DTC Participants until and unless the Trustee authenticates and delivers Replacement Option Rights Certificates to the beneficial owners as described below. (vii) If DTC determines to discontinue providing its services with respect to the Option Rights Certificates and the Authority cannot obtain a qualified successor, or if the Authority determines not to use the book-entry system of DTC, the Trustee shall execute and deliver one or more -26- WP146302-030/230 Option Rights Certificates (the "Replacement Option Rights Certificates") to the DTC Participants in principal amounts and maturities corresponding to the identifiable beneficial owners ' interests in the Option Rights Certificates. In such event, all references to DTC in this Section shall relate to the period of time when DTC has possession of at least one Option Rights Certificate. Upon the issuance of Replacement Option Rights Certificates, all references in this Section to obligations imposed upon or to be performed by DTC shall be deemed to be imposed upon and performed by the Trustee, to the extent applicable with respect to such Replacement Option Rights Certificates. (g) Exercise of Option Rights. In order to exercise any Option Right represented by an Option Rights Certificate (except under the conditions set forth in paragraph (1) below) , such Option Rights Certificate, the Purchase Price and the irrevocable written instructions described in the next sentence must be delivered to the Trustee not less than 45 nor more than 90 days before the Purchase Date. Such irrevocable written instruments shall be in form and substance satisfactory to the Trustee and shall designate (i) the Purchase Date, (ii) if less than all of the Series 1993 Bonds to which such Option Rights Certificate pertains are to be purchased, the principal amount to be purchased and (iii) as long as a book-entry only registration system is used for the Series 1993 Bonds, book-entry instructions respecting the new Series 1993 Bond or Series 1993 Bonds to be delivered in exchange for the Series 1993 Bonds to be purchased to be forwarded to DTC, in form and substance satisfactory to DTC. The Purchase Date must be a Business Day included in the Option Period specified in the Option Rights Certificate that is not between the first day of the calendar month in which a Series 1993 Interest Payment Date occurs and such Series 1993 Interest Payment Date. The Trustee shall hold the Purchase Price uninvested, unless agreed to in writing by the Trustee and the Option Rights Owner, in which event any investment of the Purchase Price shall be limited to Government Obligations, or Investment Obligations rated in one of the two highest rating categories by Moody's and S&P, maturing or subject to redemption at a redemption price equal to not less than the Purchase Price at the option of the holder thereof on or prior to the Purchase Date. Any interest or other gain realized on any investment of the Purchase Price, net of any fee and expense of the Trustee, shall be the property of and be remitted to the -27- WP146302-030/230 nit Option Rights Owner of the Option Rights Certificate. The Trustee or DTC shall require the payment by the Option Rights Owner requesting a mandatory tender for purchase of any expense or tax or other governmental charge required to be paid with respect to such mandatory tender and the issuance of new Series 1993 Bonds pursuant to paragraph (j) below. (h) Selection of Series 1993 Bonds to be Tendered. Upon receipt of an Option Rights Certificate, the Purchase Price and irrevocable instructions provided in paragraph (g) above, the Trustee shall proceed to select, by lot in such manner as the Trustee may determine, the Series 1993 Bond or Series 1993 Bonds or portions thereof to be tendered for purchase. The Series 1993 Bond or Series 1993 Bonds or portions thereof so selected shall be a Series 1993 Bond or Series 1993 Bonds or portions thereof that are subject to mandatory tender for purchase during the Option Period specified in such Option Rights Certificate and shall be of the same maturity in the aggregate principal amount specified in such Option Rights Certificate (or such irrevocable instructions if only a portion of the Series 1993 Bonds to which such Option Rights Certificate pertains are being purchased) . Such selection shall be made not less than 30 nor more than 45 days prior to the Purchase Date. In case a Series 1993 Bond is of a denomination larger than $5,000, a portion of such Series 1993 Bond in the principal amount of $5,000 or any integral multiple thereof may be selected for purchase. (i) Notice of Mandatory Tender. Notice of the call for any mandatory tender for purchase, identifying the Series 1993 Bonds or portions thereof to be tendered for purchase, shall be given by the Trustee by mailing a copy of the notice by registered or certified mail (or, if the Series 1993 Bonds are no longer held in book-entry only form, by first-class mail) at least 30 days and not more than 60 days prior to the Purchase Date to the Hospital and to the Owner of each Series 1993 Bond to be tendered in whole or in part at the address shown on the registration books maintained by the Trustee; provided that failure to give such notice by mailing, or any defect therein, shall not affect the validity of the proceedings for the mandatory tender of any Bond or portion thereof with respect to which no such defect or failure has occurred. The Trustee, as long as a book-entry only registration system is used for the Series 1993 Bonds, will send notices of mandatory tender only to DTC, as the Owner of the Bonds, -28- WP146302-030/230 with a request that DTC so notify the DTC Participants and request the DTC Participants to notify the beneficial owners of the Series 1993 Bonds of such mandatory tender. Any failure of DTC to advise any of the DTC Participants, or of any DTC Participant or any nominee to notify any beneficial owner of the Series 1993 Bonds, of any such notice and its content or effect will not affect the validity or sufficiency of the proceedings relating to the mandatory tender of the Series 1993 Bonds called for mandatory tender. Any notice mailed as provided in this paragraph shall be conclusively presumed to have been duly given, whether or not the Owner receives the notice. (j ) Purchase of Series 1993 Bonds Called for Mandatory Tender . Any Series 1993 Bond called for mandatory tender for purchase must be delivered by the Owner thereof to the Trustee on the Purchase Date, and, upon such delivery, the Purchase Price shall be paid by the Trustee to the Owner thereof. The Trustee shall cancel each Series 1993 Bond or portion thereof tendered or deemed to be tendered for mandatory purchase, and the Authority shall execute and the Trustee shall authenticate and deliver to the owner of the Option Right Certificate pursuant to which such Series 1993 Bond was called for mandatory tender for purchase a new Series 1993 Bond or Series 1993 Bonds in the same aggregate principal amount and with the same maturity as such Series 1993 Bond or portion thereof tendered or deemed to be tendered for mandatory purchase and in the same form as such Series 1993 Bond except that any such new Series 1993 Bond shall state in a legend thereon that it is a Series 1993 Bond which is not subject to mandatory tender for purchase or optional redemption pursuant to Section 3. 01(a) hereof for the Option Period during which the Option Right evidenced by the Option Rights Certificate being exchanged for such Series 1993 Bond was exercisable. The Trustee shall note on the Bond registration books maintained by the Trustee that such Series 1993 Bond is not subject to mandatory tender for purchase or optional redemption pursuant to Section 3 . 01(a) hereof for such Option Period. At the request of such Option Rights Owner, the Authority, the Hospital and the Trustee shall cooperate in obtaining a new CUSIP number, if needed or desirable, for such Series 1993 Bond. Upon surrender of any Series 1993 Bond for mandatory purchase in part only, the Authority shall execute and the Trustee shall authenticate and deliver to the Owner thereof, at the expense of the Hospital, a new Series 1993 Bond or Series 1993 Bonds of the same maturity of authorized denominations in an aggregate -29- WP146302-030/230 f32,0 principal amount equal to the unpurchased portion of the Series 1993 Bond surrendered. As long as a book-entry only registration system is maintained for the Series 1993 Bonds, the Trustee shall register any new Series 1993 Bond issued pursuant to this paragraph in the name of Cede & Co. or other nominee designed by DTC. (k) Untendered Series 1993 Bonds. Any Series 1993 Bond called for mandatory tender for purchase but not delivered for purchase to the Trustee on the Purchase Date (an "Untendered Series 1993 Bond") shall be deemed to have been delivered for purchase to the Trustee and the Owner of such Untendered Series 1993 Bond shall not be entitled to any payment other than the Purchase Price of such Untendered Series 1993 Bond, and such Untendered Bond shall not be entitled to any benefits of this Indenture, except for payment of such Purchase Price out of the moneys deposited for such payment as aforesaid. Any such amount so deposited with the Trustee may, pending disbursement, be invested in United States Government Securities maturing not later than the date on which such funds will be needed and in any event within 30 days. (1) Linking of Option Rights and Series 1993 Bonds. If an Option Rights Owner is also the Owner of a Series 1993 Bond of the maturity to which the Option Rights Owner ' s Option Rights Certificate pertains, such Option Rights Owner may present to the Trustee such Option Rights Certificate and such Series 1993 Bond and request that the Trustee cancel such Option Rights Certificate and designate such Series 1993 Bond to be a Series 1993 Bond that is not subject to mandatory tender for purchase or optional redemption pursuant to Section 3 . 01(a) hereof during the Option Period specified in such Option Rights Certificate. Upon receipt of such Option Rights Certificate, Series 1993 Bond and request, the Trustee shall so designate such Series 1993 Bond in the bond registration books maintained by the Trustee and on such Series 1993 Bond itself (by placing a legend thereon or by authentication and delivery of a new Bond with a legend thereon) , and such Series 1993 Bond or any Series 1993 Bond thereafter issued in a transfer or exchange for such Series 1993 Bond shall not be subject to mandatory tender for purchase or optional redemption pursuant to Section 3 . 01(a) hereof during the designated Option Period. The Trustee is not required to honor such a request if it is made within the period of 15 days next preceding the giving of any notice of redemption or mandatory tender for purchase. The Trustee or DTC shall require the payment by the Option -30- WP746302-030/230 Rights Owner requesting an exchange contemplated by this paragraph of any expense or tax or other governmental charge required to be paid with respect to such exchange. As long as a book-entry only registration system is used for the Series 1993 Bonds, the Trustee shall register any new Series 1993 Bond issued pursuant to this paragraph in the name of Cede & Co. or other nominee designated by DTC. At the request of such Option Rights Owner, the Authority, the Hospital and the Trustee shall cooperate in obtaining a new CUSIP number, if needed or desirable, for such Series 1993 Bond. (m) Termination of Option Rights Upon Redemption Upon Occurrence of Certain Events or Acceleration. (i) Upon any redemption of all of the Series 1993 Bonds Outstanding of any maturity pursuant to Section 3 01(b) or 302, all Option Rights to call Series 1993 Bonds of such maturity for mandatory tender for purchase and to purchase such Series 1993 Bonds shall terminate and the Option Rights Certificates evidencing the same shall be deemed cancelled. Upon any such redemption of a portion of the Series 1993 Bonds Outstanding of any maturity pursuant to Section 3. 01(b) or 3 .02, Option Rights to call Series 1993 Bonds of such maturity, in the aggregate principal amount equal to the aggregate principal amount of Series 1993 Bonds of such maturity so redeemed, during the period extending from the date such Series 1993 Bonds are redeemed to the maturity or maturities of such Series 1993 Bonds (or, in the case of Series 1993 Bonds that are subject to scheduled mandatory redemption pursuant to Section 3 .01(b) hereof and that are to be credited against the obligation of the Authority to redeem such Series 1993 Bonds on a scheduled mandatory redemption date pursuant to said Section as specified by the Hospital in a written certificate that has been delivered to the Trustee in accordance with said Section, to said scheduled mandatory redemption date) shall terminate and the Option Rights Certificates, if any, evidencing the same shall be deemed cancelled. The Options Rights to be so terminated and the Option Rights Certificates to be so cancelled shall be selected first from Option Rights owned by the Hospital not evidenced by Option Rights Certificates, second from Option Rights owned by the Hospital evidenced by Option Rights Certificates, and third from all other Option Rights by lot in such manner as the Trustee may determine. -31- WP146302-030/230 A^nn- aS ( ii) In the event that the principal of all the Series 1993 Bonds shall be declared due and payable pursuant to Section 7 .03 hereof, all Option Rights shall terminate. In the event any such declaration is rescinded and annulled in accordance with this Indenture, such Option Rights shall be reinstated. (iii) Notice of such termination of Option Rights and cancellation of the Option Rights Certificates, if any, evidencing the same, identifying the Option Rights Certificates or portions thereof to be cancelled, shall be given by the Trustee by mailing a copy of such notice together with the notice of redemption of Series 1993 Bonds resulting in such termination by registered or certified mail (or, if the Series 1993 Bonds are no longer held in book-entry only form, by first-class mail) at least 30 days and not more than 60 days prior to the date fixed for such redemption to the Hospital and the Option Rights Owner of each Option Rights Certificate to be cancelled in whole or in part at his address shown on the registration books maintained by the Trustee; provided that failure to give such notice by mailing, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 1993 Bond or the termination of any Option Rights. If a book-entry only registration system is used for the Option Rights Certificates, the Trustee shall send notices of redemption only to DTC, as the registered owner of the Option Rights, with a request that DTC so notify the DTC Participants and request the DTC Participants to notify the beneficial owners of the Option Rights of such redemption. Any failure of DTC to advise any of the DTC Participants, or of any DTC Participant or any nominee to notify any beneficial owner of the Option Rights, of any such notice and its content or effect will not affect the validity or sufficiency of the proceedings relating to the redemption of any Series 1993 Bond or the Termination of any Option Rights. Section 3 .04 Notice of Redemption. Notice of the redemption of any Series 1993 Bonds shall be given in accordance with the terms and provisions of the Indenture. If a Series 1993 Bond with respect to which the Hospital has sold an Option Right is to be redeemed, the Trustee shall notify the Option Rights Owner of the redemption of such Series 1993 Bond simultaneously with the notice provided to the Owner of the Series 1993 Bond to be redeemed. -32- wP146302-030/230 Section 3 .05. Method of Selecting Series 1993 Bonds in Case of Partial Redemption. In the event that less than all of the Outstanding Series 1993 Bonds shall be redeemed, the Series 1993 Bonds to be redeemed shall be selected by the Hospital from within the maturity or maturities subject to redemption as specified by the Hospital in a written certificate delivered to the Trustee; provided that, if the Hospital fails to specify such maturities by the 45th day prior to any redemption, the Series 1993 Bonds to be redeemed shall be redeemed in inverse order of maturity. If less than all Series 1993 Bonds of a single maturity are to be redeemed, they shall be selected by lot in such manner as the Trustee may determine. If less than all of the Series 1993 Bonds of a maturity subject to scheduled mandatory redemption pursuant to Section 3 . 01(b) hereof are to be redeemed pursuant to Section 3 . 02 hereof and the Hospital has sold Option Rights respecting Series 1993 Bonds of such maturity, the Hospital shall deliver a written certificate to the Trustee designating the scheduled mandatory redemption date for which such Series 1993 Bonds are to be credited against the obligation of the Authority to redeem Series 1993 Bonds of such maturity in accordance with Section 3 .01(b) hereof. In case a Series 1993 Bond is of a denomination larger than $5,000, a portion of such Series 1993 Bond ($5,000 or any integral multiple thereof) may be redeemed, but Series 1993 Bonds shall be redeemed only in the principal amount of $5,000 each or any integral multiple thereof. Upon surrender of any Series 1993 Bond for redemption in part only the Authority shall execute and the Trustee shall authenticate and deliver to the Owner thereof, at the expense of the Hospital, a new Series 1993 Bond or Series 1993 Bonds of the same maturity of authorized denominations in an aggregate principal amount equal to the unredeemed portion of the Series 1993 Bond surrendered. ARTICLE IV AMENDMENTS TO ARTICLE IV OF THE ORIGINAL INDENTURE Section 4 . 01. Amendment to Section 4. 02 of the Original Indenture. Section 4 . 02 of the Original Indenture is hereby amended in its entirety to read as follows: Section 4 . 02. Interest Fund. The Authority shall establish with the Trustee and maintain so long as any of the Bonds are outstanding a separate account to be known as the "Interest Fund--North Colorado Medical Center" (hereinafter called the "Interest Fund" ) . The -33- WP146302-030/230 .9 Trustee shall deposit in the Interest Fund all moneys provided to the Trustee by the Escrow Agent pursuant to the Escrow Agreement, all moneys representing interest payments paid by the Corporation pursuant to the Guaranty Agreement and all moneys paid by the Hospital under Section 5.03(a) of the Lease, provided, however, that no such deposit need be made if moneys in the Interest Fund are already in an amount sufficient to pay interest on the next ensuing interest payment date on such Bonds . Moneys in the Interest Fund shall be used by the Trustee to pay interest on the Bonds as it becomes due. Section 4 . 02 . Amendment to Section 4 . 03 of the Original Indenture. Section 4 .03 of the Original Indenture is hereby amended in its entirety to read as follows: Section 4 . 03. Bond Principal Fund. The Authority shall establish with the Trustee and maintain so long as any of the Bonds are outstanding a separate account to be known as the "Bond Principal Fund--North Colorado Medical Center" (the "Bond Principal Fund" ) . The Trustee shall deposit in the Bond Principal Fund all moneys provided to the Trustee by the Escrow Agent pursuant to the Escrow Agreement, all moneys representing principal payments paid by the Corporation pursuant to the Guaranty Agreement and all moneys paid by the Hospital under Section 5.03(b) of the Lease, provided however, that no such deposit need be made if moneys in the Bond Principal Fund are sufficient to pay principal of the Bonds on the next principal payment date, whether by maturity or prior redemption and subject to credits for mandatory sinking fund redemptions as set forth in Section 5.02 hereof in Section 2. 07 of the First Supplemental Indenture and in Section 3 . 01 of the Third Supplemental Indenture. Section 4 . 03 . Amendment to Section 4 . 04 of the Original Indenture. Section 4. 04 of the Original Indenture is hereby amended to read, after such amendment, as follows: Section 4 .04 . Debt Service Reserve Fund. The Authority shall establish with the Trustee and maintain so long as any of the Bonds are outstanding a separate account to be known as the "Debt Service Reserve Fund---North Colorado Medical Center" (the "Debt Service Reserve Fund" ) . Within the Debt Service Reserve Fund, the Trustee shall establish two separate accounts, a Series 1985 Bonds Account and an Additional Bonds Account . The Series 1985 Bonds Account shall be initially funded by a deposit pursuant to the provisions -34- WP146302-030/230 On()! �!5 J of Section 4. 01(f) of the Lease. Moneys in the Series 1985 Bonds Account shall at all times be maintained in an amount not less than the Debt Service Reserve Requirement for the Series 1985 Bonds and shall be used to make interest and principal payments (in the order listed) on the Series 1985 Bonds if moneys in the Interest Fund and Bond Principal Fund are insufficient to make such payments. To the extent funds in the Series 1985 Bonds Account are used to make interest and principal payments on the Series 1985 Bonds, the Hospital, under Section 5. 04(f) of the Lease, is required (except as provided therein) to make payment within a 12-month period to the Trustee for deposit in the Series 1985 Bonds Account of the Debt Service Reserve Fund in an amount equal to the funds withdrawn from the Series 1985 Account . Moneys in the Additional Bonds Account shall at all times be maintained in an amount not less than the Debt Service Reserve Requirement for the Series 1990 Bonds, the Series 1993 Bonds and Additional Bonds and shall be used to make interest and principal payments (in the order listed) on the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds if moneys in the Interest Fund and the Bond Principal Fund are insufficient to make such payments. To the extent funds in the Additional Bonds Account are used to make interest and principal payments on the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds, the Hospital, under Section 5. 04(f) of the Lease, is required to make payment within a 12-month period in equal monthly installments to the Trustee for deposit in the Additional Bonds Account of the Debt Service Reserve Fund in an aggregate amount equal to the funds withdrawn from the Additional Bonds Account. Notwithstanding the foregoing, there shall be no requirement to maintain an amount equal to the Debt Service Reserve Requirement (with respect to the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds) unless (a) the Hospital fails (i) to maintain unrestricted cash or unrestricted Qualified Investments or a combination thereof in an amount not less than 150% of maximum Annual Debt Service (which shall be determined on each May 15 and November 15, commencing May 15, 1991) or (ii) in any fiscal year of the Hospital to achieve a ratio of Net Income Available for Debt Service to maximum Annual Debt Service of at least 1 . 75 to 1 . 0 (determined no later than May 15 of each year and based on the audited financial statements of the Hospital) or fails, for any period commencing January 1 of any fiscal year and ending June 30, 1990 of said fiscal year, to achieve a ratio of Net Income Available for Debt Service (but determined solely for such period) -35- wP146302-030/230 n^,1Q r ' to one-half of maximum Annual Debt Service of at least 1 . 75 to 1 . 0 (determined no later than August 15 of each year and based on the unaudited financial statements of the Hospital) , (b) the Authority, upon the request of the Hospital, provides a certificate to the Trustee and the Bond Insurer stating that the Authority desires the Debt service Reserve Requirement become applicable to the Series 1990 Bonds, the Series 1993 Bonds and any Additional Bonds or (c) the Debt Service Reserve Requirement is required for obtaining the commitment of a credit enhancer to insure the payment of the principal of and interest on or the purchase price of the Series 1990 Bonds, the Series 1993 Bonds or any Additional Bonds and notice thereof shall have been given to the Bond Insurer. Funds on deposit in the Series 1985 Bonds Account or the Additional Bonds Account of the Debt Service Reserve Fund in excess of the amounts required to be maintained therein shall be transferred to the Interest Fund. Qualified Investments in the Debt Service Reserve Fund shall be valued by the Trustee in accordance with sound accounting practice on each May 15 and November 15, commencing May 15, 1991, on the basis of cost . With the prior written consent of the Bond Insurer, a reserve fund insurance policy, letter of credit or other surety may be used in lieu of funds in the Additional Bonds Account of the Debt Service Reserve Fund. Any reserve fund insurance policy, letter of credit or other surety shall be valued at the amount available to be paid thereunder. Section 4 . 04. Amendment to Section 4.05 of the Original Indenture. Section 4 . 05 of the Original Indenture is hereby amended in its entirety to read as follows: Section 4. 05. Optional Redemption Fund. The Authority shall establish with the Trustee and maintain so long as any of the Bonds are outstanding a separate account to be known as the "Optional Redemption Fund--North Colorado Medical Center" (the "Optional Redemption Fund") . In the event of prepayment by the Hospital of rental payments under the Lease to purchase or redeem Bonds, or in the event condemnation proceeds or insurance proceeds are received by the Trustee for purposes of redeeming Bonds, or in the event funds from any other source are deposited by the Hospital or the Authority or the Escrow Agent pursuant to the Escrow Agreement with the Trustee for redeeming Bonds, all such funds shall be deposited in the Optional Redemption Fund. Funds on deposit in the Optional Redemption Fund shall be used, first, to -36- WP146302-030/230 make up any deficiencies existing in the Interest Fund, the Bond Principal Fund and the Debt Service Reserve Fund established by Sections 4. 02, 4 .03 and 4 .04 hereof (in the order listed) and, second, to the purchase or redemption of Bonds in accordance with the provisions of Article V hereof, Article II of the First Supplemental Indenture and Article III of the Third Supplemental Indenture. Section 4 . 05. Amendment to Section 4 . 06 of the Original Indenture. Section 4 . 06 of the original Indenture is hereby amended by deleting the first sentences thereof and substituting therefor "Subject to the provisions of the Act, moneys in the Interest Fund, the Bond Principal Fund, the Debt Service Reserve Fund, the Optional Redemption Fund, the Series 1990 Project Fund, the Series 1993 Project Fund, the Costs of Issuance Fund, the Series 1993 Costs of Issuance Fund, the Series 1990 Rebate Fund and the Series 1993 Rebate Fund shall be invested in Qualified Investments, as defined herein and to the extent then permitted by the Act, upon a Written Request and direction of the Hospital, if given, filed with the Trustee. " In addition, Section 4.06 of the Original Indenture shall be further amended by inserting the following at the end thereof: "Any moneys in the Interest Fund on the second Business Day preceding each Series 1993 Interest Payment Date until and including such Series 1993 Interest Payment Date (other than amounts in excess of amounts needed to pay interest on such Series 1993 Interest Payment Date) , shall be held by the Trustee uninvested or shall be invested by the Trustee solely in Qualified Investments which constitute direct obligations of, or obligations the full and timely payment of principal of and interest on are fully guaranteed by, the United States of America (but only with maturities of the lesser of 30 days or as needed) . Any moneys in the Bond Principal Fund on the second Business Day preceding each date on which principal of the Series 1993 Bonds is payable, whether at maturity or upon mandatory sinking fund redemption, until and including such principal payment date (other than amounts in excess of amounts needed to pay principal of the Series 1993 Bonds on such principal payment date) , shall be held by the Trustee uninvested or shall be invested by the Trustee solely in Qualified Investments which constitute direct obligations of, or obligations the full and timely payment of principal of and interest on are fully guaranteed by, the United States of America (but only with maturities of the lesser of 30 days or as needed) . Any moneys deposited in the Optional Redemption Fund, the Bond Principal Fund or the Interest Fund, as the case may be, which constitute Available Moneys to be used for optional redemptions of Series 1993 Bonds pursuant to Section 2. 06 of the First Supplemental Indenture or to be -37- 4P146302-030/230 ^110 S used for extraordinary redemptions pursuant to Section 2. 08 of the First Supplemental Indenture shall be held by the Trustee uninvested or shall be invested by the Trustee solely in Qualified Investments which constitute direct obligations of, or obligations the full and timely payment of principal of and interest on which are fully guaranteed by, the United States of America (but only with maturities of the lesser of 30 days or as needed) . " Section 4 . 06. Amendment to Article IV of the Original Indenture. Article IV of the Original Indenture is hereby amended by the addition of the following Sections 4. 11, 4. 12 and 4 . 13 : Section 4 . 11 . Series 1993 Project Fund. (a) The Authority shall establish with the Trustee and maintain so long as any proceeds of the Series 1993 Bonds are contained therein a separate account to be known as the "Series 1993 Project Fund--North Colorado Medical Center" (the "Series 1993 Project Fund") . The moneys in the Series 1993 Project Fund shall be used and withdrawn by the Trustee solely to pay the costs of the Series 1993 Project and interest on the Series 1993 Bonds during acquisition, construction, improvement and equipping of the Series 1993 Project. (b) Before any payment from the Series 1993 Project Fund shall be made to pay any cost of the Series 1993 Project, the Hospital shall file with the Trustee a requisition of the Hospital stating (1) the item number of such payment; (2) the name and address of the person to whom each such payment is due, which may be the Hospital in the case of reimbursement for costs of the Series 1993 Project theretofore paid by the Hospital; (3) the respective amounts to be paid; (4) the purpose by general classification for which each obligation to be paid was incurred; (5) that obligations in the stated amounts are presently due and payable or were previously paid by the Hospital and that each item thereof is a proper charge against the Series 1993 Project Fund and has not been previously paid from said fund or from the proceeds of the Series 1993 Bonds; and (6) that there has -38- wP146302-030/230 not been filed with or served upon the Hospital notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the amounts payable to any of the persons named in such requisition, which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen's or mechanics ' liens accruing by mere operation of law. Upon receipt of a requisition containing said information, the Trustee shall pay the amount set forth in such requisition as directed by the terms thereof out of the Series 1993 Project Fund. The Trustee need not make any such payment if it has received notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the moneys to be so paid, which has not been released or will not be released simultaneously with such payment. The Trustee shall not make any such payment at any time when a default by the Hospital shall exist and continue under the Lease, unless the written consent of the Bond Insurer to such payment shall have been delivered to the Trustee. (c) When the 1993 Project shall have been completed, a certificate of the Hospital stating the fact and date of such completion and stating that all of the costs thereof have been determined and paid (or that all of such costs have been paid less specified claims which are subject to dispute and for which a retention in the Series 1993 Project Fund is to be maintained in the full amount of such claims until such dispute is resolved) shall be delivered to the Trustee by the Hospital. Upon the receipt of such certificate, the Trustee shall transfer any remaining balance in the Series 1993 Project Fund, less the amount of any retention, to the Optional Redemption Fund. (d) Notwithstanding any other provision of the Original Indenture, earnings on moneys on deposit in the Series 1993 Project Fund shall be deposited therein until the Series 1993 Project completion date. -39- uP146302-030/230 Section 4. 12. Series 1993 Rebate Fund. (a) The Authority shall establish with the Trustee and maintain so long as any o£ the Series 1993 Bonds are outstanding a separate account to be known as the "Series 1993 Rebate Fund--North Colorado Medical Center" (the "Series 1993 Rebate Fund") , which shall be expended in accordance with the provisions hereof, the Series 1993 Tax Regulatory Agreement and the Series 1993 Investment Instructions. The Hospital shall make deposits and disbursements from the Series 1993 Rebate Fund in accordance with the Series 1993 Tax Regulatory Agreement and the Series 1993 Investment Instructions, shall invest the Series 1993 Rebate Fund pursuant to Section 4 . 06 hereof and pursuant to said Series 1993 Tax Regulatory Agreement and Series 1993 Investment Instructions, and shall deposit income from said investments immediately upon receipt thereof in the Series 1993 Rebate Fund, all as set forth in the Series 1993 Tax Regulatory Agreement and the Series 1993 Investment Instructions. The Hospital shall employ, at its own expense, KRC Resources, Inc . , or if KRC Resources, Inc. is no longer retained by the Authority for such services, a firm with recognized expertise in the area of rebate calculation reasonably acceptable to the Trustee and the Authority, to make such calculations. The Series 1993 Investment Instructions may be superseded or amended by a new investment instruction drafted by, and accompanied by an opinion of, nationally recognized bond counsel addressed to the Authority to the effect that the use of said new investment instructions will not cause the interest on the Series 1993 Bonds to become includible in gross income for purposes of federal income taxation under the Code. (b) The Trustee shall annually make the rebate deposit described in the Series 1993 Tax Regulatory Agreement and the Series 1993 Investment Instructions. Any required deposits to the Series 1993 Rebate Fund shall be made first from the moneys paid by the Hospital under Section 5.04(m) of the Lease and then from any moneys contained in the -40- WP146302-030/230 Series 1993 Project Fund or from any other lawfully available funds of the Hospital. Records of the determinations required by this Section and the Series 1993 Investment Instructions shall be retained by the Trustee until six (6) years after the final retirement of the Series 1993 Bonds. (c) Not later than sixty (60) days after the end of the fifth Bond Year (for purposes of this Section, "Bond Year" means the period from the date of issuance of the Series 1993 Bonds to May 14, 1993, and each one-year period thereafter) for the Series 1993 Bonds, and the end of each fifth Bond Year thereafter, the Trustee shall pay to the United States of America ninety percent (90%) of the amount required to be on deposit in the Series 1993 Rebate Fund as of such payment date. Not later than sixty (60) days after the final retirement of the Series 1993 Bonds, the Trustee shall pay to the United States of America one hundred percent (100%) of the balance remaining in the Series 1993 Rebate Fund. Each payment required to be paid to the United States of America pursuant to this Section shall be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. Each payment shall be accompanied by a copy of the Internal Revenue Form 8038 originally filed with respect to the Series 1993 Bonds, Internal Revenue Form 8038-T, and, if necessary, a statement summarizing the determination of the amount to be paid to the United States of America. (d) Moneys in the Series 1993 Rebate Fund shall be used only to pay, first, rebate with respect to the Series 1993 Bonds, second, debt service on the Series 1993 Bonds or, third, if no Series 1993 Bonds remain Outstanding and all amounts owing or to be owing to the federal government have been paid, paid to the Hospital . Section 4 . 13 . Series 1993 Costs of Issuance Fund. The Authority shall establish with the Trustee and maintain so long as any proceeds of the Series 1993 Bonds are contained therein a separate account to be known as the "Series 1993 Costs of Issuance Fund--North Colorado Medical Center" (the -41- WP146302-030/230 R1 flIf'. # "Series 1993 Costs of Issuance Fund") . The moneys in the Series 1993 Costs of Issuance Fund shall be used and withdrawn by the Trustee solely to pay costs of issuance related to the Series 1993 Bonds. Payment shall be made by the Trustee following receipt of a requisition signed by the Hospital stating the payee, the amount to be paid, the purpose of the payment, that such item has not previously been paid from the Series 1993 Costs of Issuance Fund, and that such payment represents payment of a cost of issuance incurred in connection with the Series 1993 Bonds. ARTICLE V MISCELLANEOUS AMENDMENTS TO THE ORIGINAL INDENTURE Section 5.01. Amendment to Section 7:17 of the Original Indenture. Section 7. 17 of the Original Indenture is hereby amended by the addition of the following sentence at the end thereof: Notwithstanding anything to the contrary in this Indenture, the Series 1993 Bonds shall not be accelerated without the consent of the Bond Insurer, and upon the occurrence of an Event of Default, the Bond Insurer shall be deemed to constitute the holder of the Series 1993 Bonds for purposes of Article VII of this Indenture, provided in both cases that the Bond Insurer is not in default with respect to its obligations under the Series 1993 Bond Insurance Policy. Section 5 . 02. Amendment to Subsection 8.01(o) of the Original Indenture. Subsection 8. 01(0) of the Original Indenture is hereby amended in its entirety to read as follows: (o) The Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Indenture (other than the making of a draw under the Standby Bond Purchase Agreement and making claims under the Bond Insurance Policy and the Program Fee Surety Bond with respect to the Series 1990 Bonds and the Series 1993 Bond Insurance Policy with respect to the Series 1993 Bonds in accordance with their terms and the terms hereof) at the request, order or direction of any of the Bondholders pursuant to the provisions of this Indenture unless such Bondholders shall have -42- wp146302-030/230 c*2O "s offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby. Section 5.03 . Amendment(s) to Section 9.01 of the Original Indenture. Section 9 . 01 of the Original Indenture is hereby amended by the addition of the following new subsection after subsection (e) thereof and by relettering the remaining subsections thereafter: (g) To modify, amend or supplement any provisions herein respecting the Option Rights or the Option Right Certificates prior to the sale pursuant to Section 3 . 03(b) of any Option Rights affected thereby, provided that no such supplemental indenture shall adversely affect or change the security for or payment of the Series 1993 Bonds, or manner of making such payment, or permit Series 1993 Bonds to be called for mandatory tender for purchase prior to the dates or at Purchase Prices less than those described in Section 3 .03, permit less than 30 days mailed notice to the Holder of any Series 1993 Bond called for mandatory tender for purchase, or permit the Hospital to sell Option Rights without requiring the Trustee to mail the notice of the sale of Option Rights required by Section 3. 03; In addition, Section 9 .01 of the Original Indenture is hereby amended by the addition of the following paragraph at the end thereof : If no Series 1985 Bonds are Outstanding under this Indenture, the Corporation, the Hospital and the County have restructured their relationships to provide that the Corporation shall become the borrower for purposes of repaying the Series 1990 Bonds and the Series 1993 Bonds and the Trustee has received the consent of the Owners of the Series 1993 Bonds to such restructuring, the Authority and the Trustee may, with the consent of the Bond Insurer and the Bank (as long as the Series 1990 Bonds are outstanding) , but without the consent of, or notice to, any of the Owners of the Series 1993 Bonds, enter into an indenture or indentures supplemented to this Indenture for the purpose of accommodating a termination of the Lease and the substitution of a loan or similar agreement between the Authority and the Corporation; provided that no such change shall be made unless there shall have -43- WP746302-030/230 been delivered to the Authority, the Trustee, the Bond Insurer and the Bank an opinion of Bond Counsel to the effect that such change will not adversely affect the exclusion of interest on the Series 1990 Bonds or the Series 1993 Bonds from gross income for federal income tax purposes. Section 5.04 . Addition to Article IX of the Original Indenture. Article IX of the Original Indenture is hereby amended by the addition of the following Section at the end thereof: Section 10 . 03 . Consent of Option Rights Owners. Anything herein to the contrary notwithstanding, after the initial sale by the Hospital of any Option Rights affected thereby, no supplemental indenture under this Article which supplements or amends Section 3 . 03 or the Option Rights Certificates in a manner that, in the judgment of the Trustee, materially adversely affects the rights and obligations of Option Rights Owners shall become effective unless and until the Option Rights Owners materially adversely affected thereby shall have consented to the execution and delivery of such supplemental indenture. Section 5.05. Addition to Article XIII of the Original Indenture. Article XIII of the Original Indenture is hereby amended by the addition of the following Section at the end thereof : Section 13 . 09. Rights of the Bank to Terminate Upon De£easance or Redemption of the Series 1993 Bonds. Any right guaranteed hereunder to the Bank under this Indenture shall become null and void upon the defeasance or redemption of the Series 1990 Bonds and the payment of all amounts due and owing to the Bank. Section 5 .06. Addition of Exhibit C to the Original Indenture. The Original Indenture is hereby amended by the addition of Exhibit C thereto in the form of Exhibit B hereto. ARTICLE VI MISCELLANEOUS Section 6. 01 . Bond Insurer as Third Party Beneficiary. Subject to the rights of Bondholders, the Bond Insurer shall be a third party beneficiary of the covenants and agreements of the parties in the Indenture. -44- wP146302-030/230 Section 6. 02. Reaffirmation. Except for the provisions of the Original Indenture amended or otherwise changed hereby, the other covenants, warranties, representations and provisions of the Original Indenture are reaffirmed without change. Section 6.03. Counterparts. This Third Supplemental Indenture may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument . Section 6 . 04 . No Lien on Certain Funds; Use of Series 1993 Bond Insurance Policy Proceeds. Anything in the Indenture to the contrary notwithstanding, the Trustee hereby acknowledges that it shall have no lien on any proceeds derived from the Series 1993 Bond Insurance Policy, or any moneys on deposit in the Interest Fund or the Bond Principal Fund. Any moneys derived from the Series 1993 Bond Insurance Policy shall be applied solely to the payment of the Series 1993 Bonds . -45— WP146302-030/230 170 A 5 e IN WITNESS WHEREOF, the parties hereto have caused this Third Supplemental Indenture to be duly executed by their duly authorized officers as of the date first written above. [SEAL] COLORADO HEALTH FACILITIES AUTHORITY Attest: By Chairman By Executive Director [SEAL] NORWEST BANK DENVER, N.A. , successor in trust to UNITED BANK OF DENVER NATIONAL ASSOCIATION and INTRAWEST BANK OF GREELEY, N.A. , as Trustee Attest: By Authorized Officer By Authorized Officer -46- WP146302-030/230 a STATE OF COLORADO CITY AND I ss. COUNTY OF DENVER ] The foregoing instrument was acknowledged before me this day of January 1993, by Tucker Hart Adams, as Chairman, and by Corinne M. Johnson, as Executive Director, of the Colorado Health Facilities Authority, a body politic. witness my hand and official seal. (SEAL) Notary Public for the State of Colorado My Commission Expires: STATE OF COLORADO CITY AND ) ss. COUNTY OF DENVER The foregoing instrument was acknowledged before me this day of January 1993, by , as an Authorized Officer, and by , as an Authorized Officer of Norwest Bank Denver, N.A. , a national banking association. Witness my hand and official seal. (SEAL) Notary Public for the State of Colorado My Commission Expires: -47- wa146302-030/230 [� flits0, A*c The undersigned representative of Municipal Bond Investors Assurance Corporation, as the herein described Bond Insurer, hereby consents to the execution and delivery of this Third Supplemental Indenture by the Authority and the Trustee. MUNICIPAL BOND INVESTORS ASSURANCE CORPORATION By Title: _48- uP146302-030/230 The undersigned representative of Credit Suisse, New York Branch, as the herein described Bank, hereby consents to the execution and delivery of this Third Supplemental Indenture by the Authority and the Trustee. CREDIT SUISSE, NEW YORK BRANCH By Title: -49- wP146302-030/230 EXHIBIT A (FORM OF SERIES 1993 BOND) No. R $ "EXCEPT AS OTHERWISE PROVIDED IN THE INDENTURE, THIS GLOBAL BOND MAY BE TRANSFERRED, IN WHOLE BUT NOT IN PART, ONLY TO ANOTHER NOMINEE OF THE SECURITIES DEPOSITORY (AS DEFINED IN THE INDENTURE) OR TO A SUCCESSOR SECURITIES DEPOSITORY OR TO A NOMINEE OF A SUCCESSOR SECURITIES DEPOSITORY. " COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER) SERIES 1993 ORIGINAL INTEREST RATE MATURITY DATE ISSUE DATE CUSIP NO. May 15, _ January 1, 1993 REGISTERED OWNER: PRINCIPAL SUM: COLORADO HEALTH FACILITIES AUTHORITY, an independent public body politic and corporate and constituting a public instrumentality of the State of Colorado (the "Authority") , for value received, hereby promises to pay to the order of the registered owner named above or registered assigns, in the manner hereinafter provided, on the maturity date stated above (or upon the date of any prior redemption ) , the principal sum stated above, with interest thereon from the date hereof at the interest rate per annum stated above, payable semiannually on the 15th day of May and the 15th day of November of each year, commencing May 15, 1993, the principal of and premium, if any, on this bond being payable upon the surrender of this bond at the principal corporate trust office of Norwest Bank Denver, N.A. , Denver, Colorado, as successor in trust to United Bank of Denver National Association and IntraWest Bank of Greeley, N.A. , as trustee, or at the principal office of its successor in trust (the A-1 WP146302-new/230 n2O " "Trustee") , under a Trust Indenture, dated as of December 1, 1985, by and between the Authority and the Trustee, as amended and supplemented by a First Supplemental Trust Indenture, dated as of November 1, 1990, a Second Supplemental Trust Indenture, dated November 1, 1990 and a Third Supplemental Trust Indenture, dated as of January 1, 1993 (collectively, the "Indenture" ) , and the interest hereon to be paid to such person as is the registered owner hereof as of the close of business at the principal corporate trust office of the Trustee on the last day of the month preceding the interest payment date (the "Regular Record Date") by check or draft of the Trustee mailed to said registered owner on the interest payment date. Any such interest not so timely paid or duly provided for shall cease to be payable to the registered owner hereof at the close of business on the applicable Regular Record Date and shall be payable to the registered owner hereof at the close of business on a Special Record Date (as defined in the Indenture) for the payment of any defaulted interest. Such Special Record Date shall be fixed by the Trustee whenever moneys become available for payment of the defaulted interest, and notice of such Special Record Date shall be given to the registered owner hereof not less than ten days prior thereto. All payments of principal, premium, if any, and interest shall be made in lawful money of the United States of America. This bond is one of a duly authorized series of bonds of the Authority now designated "Colorado Health Facilities Authority, Hospital Revenue Bonds (North Colorado Medical Center) Series 1993" (the "Series 1993 Bonds") in the aggregate principal amount of $63,875,000 issued under and equally and ratably secured by the Indenture. The Series 1993 Bonds have been issued under the Colorado Health Facilities Authority Act, Article 25 of Title 25, Colorado Revised Statutes (the "Act") , to (i) cross-over refund the Authority' s $42,800, 000 Variable Rate Hospital Bonds (North Colorado Medical Center) Series 1990 (the "Series 1990 Bonds" ) , (ii) renovate and replace certain portions of North Colorado Medical Center located in Greeley, Colorado (the "Hospital Facilities") which is owned by the Board of Trustees for North Colorado Medical Center (the "Hospital") and operated by North Colorado Medical Center, Inc. (the "Corporation" ) , (iii) funding a reserve fund and (iv) paying the costs of issuing the Series 1993 Bonds. The Series 1993 Bonds are secured on a parity with the Authority's Hospital Refunding Revenue Bonds (North Colorado Medical Center Project) Series 1985 (the "Series 1985 Bonds" ) and the Series 1990 Bonds, except for certain funds held in the Debt Service Reserve Fund created pursuant to the Indenture exclusively for the benefit of the holders of the Series 1985 Bonds and the Series 1990 Bonds, as provided in the Indenture. A-2 WP)46302-new/230 �f The Series 1993 Bonds are limited obligations of the Authority payable solely from and secured by (a) a pledge of certain rights of the Authority under and pursuant to the Lease Agreement, dated as of December 1, 1985, between the Authority and the Hospital and accepted and approved by Weld County, Colorado (the "County" ) , as amended and supplemented by an Agreement, dated April 27, 1988, among the Authority, the Hospital, the Trustee, the County and the Corporation and as further amended and supplemented by a First Supplemental Lease, dated as of November 1, 1990, a Second Supplemental Lease, dated as of November 1, 1990 and a Third Supplemental Lease, dated as of January 1, 1993, each between the Authority and the Hospital and accepted and approved by the County (collectively, the "Lease" ) , (b) a pledge of the funds and all trust accounts created under the Indenture and the Lease to the extent provided therein and (c) an assignment of the Authority' s security interest in the Gross Receipts (as defined in the Indenture) of the Hospital. In addition, the payment of the principal of, premium, if any, and interest on the Bonds is guaranteed by a Guaranty Agreement, dated as of January 15, 1993, between the Corporation and the Trustee. The Hospital has leased the Hospital Facilities to the Corporation pursuant to a Third Amended and Restated Operating Sublease, dated as of January 1, 1993 . The past, present or future officers, directors, trustees or employees of the Authority, the Corporation or the Hospital shall not be liable personally on the Series 1993 Bonds, the Series 1990 Bonds or the Series 1985 Bonds or be subject to any personal liability or accountability by reason of the Authority' s, the Corporation's or the Hospital' s obligations. Additional series of bonds may be issued by the Authority in accordance with the limitations and conditions of the Indenture, which bonds shall be on a parity, except as otherwise provided in the Indenture, with the Series 1993 Bonds, the Series 1990 Bonds and the Series 1985 Bonds. Such additional bonds may be issued at different times, in various principal amounts and denominations, may mature at different times, may bear interest at different rates, may be redeemable at different prices and may otherwise vary as provided in the Indenture. The Series 1993 Bonds, the Series 1990 Bonds, the Series 1985 Bonds and such additional bonds are herein collectively called the "Bonds. " The Hospital may incur indebtedness which shall be on a parity with the Bonds (except with respect to money in the trust funds under the Indenture pledged to the Series 1985 Bonds, the Series 1990 Bonds, the Series 1993 Bonds or any Additional Bonds) in accordance with the limitations and conditions of the Lease and the Indenture. A-3 WP146302-new/230 �JIv '.1 J This bond shall not constitute or become an indebtedness, a debt or a liability of the State of Colorado, the General Assembly of the State of Colorado, or any county, city, city and county, town, school district or other subdivision of the State of Colorado or of any other political subdivision or body corporate and politic within the State of Colorado other than the Authority (but only to the extent of the revenues pledged in the indenture) and neither the State of Colorado, the General Assembly of the State of Colorado, nor any county, city, city and county, town, school district or other subdivision of the State of Colorado except the Authority to the extent provided above shall be liable hereon; nor shall this bond constitute the giving, pledging or loaning of the faith and credit of the State of Colorado, the General Assembly of the State of Colorado, or any county, city, city and county, town, school district or other subdivision of the State of Colorado or of any other political subdivision or body corporate and politic within the State of Colorado but shall be payable solely from the funds pledged therefor. The issuance of this bond shall not, directly or indirectly or contingently, obligate the State of Colorado or any subdivision of the State of Colorado nor empower the Authority to levy or collect any form of taxes or assessments therefor or to create any indebtedness payable out of taxes or assessments or make any appropriation for the payment of this bond, and such appropriation or levy is prohibited. Nothing in the Act shall be construed to authorize the Authority to create a debt of the State of Colorado within the meaning of the Constitution or statutes of the State of Colorado or authorize the Authority to levy or collect taxes or assessments. The State of Colorado shall not in any event be liable for the payment of the principal of, premium, if any, or interest on this bond or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever undertaken by the Authority. No breach of any such pledge, mortgage, obligation or agreement shall impose any pecuniary liability upon the State of Colorado or any charge upon its general credit or against its taxing power. The State of Colorado has pledged to and agreed with the owners of any bonds, notes and other obligations issued under the Act, and with those parties who may enter into contracts with the Authority pursuant to the provisions of the Act, that the State of Colorado will not limit, alter, restrict or impair the rights vested in the Authority to acquire, construct, reconstruct, maintain and operate any facility as defined in the Act or to establish, revise, charge and collect rates, rents, fees and other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to A-4 WP146302-new/230 930'7.'73 fulfill the terms of any agreements made with the owners of bonds, notes or other obligations authorized and issued by the Act, and with the parties who may enter into contracts with the Authority pursuant to the Act, and will not in any way impair the rights or remedies of the owners of such bonds, notes or other obligations of such parties until such bonds, notes and other obligations, together with interest thereon, and all costs and expenses in connection with any action or proceeding by or on behalf of such owners, are fully met and discharged and such contracts are fully performed on the part of the Authority. Nothing in the Act precludes such limitation or alteration if and when adequate provision is made by law for the protection of the owners of such bonds, notes or other obligations of the Authority or those entering into such contracts with the Authority. Reference is hereby made to the Indenture and the Lease for a description of the revenues pledged, the nature and extent of the security, the rights, duties and obligations of the Authority, the Trustee and the registered owners of the Bonds and the terms and conditions upon which the Bonds are, and are to be, secured, and a statement of the rights, duties, immunities and obligations of the Authority and the Trustee. The Series 1993 Bonds are not callable for redemption prior to , except upon certain events of damage, destruction or condemnation of the Hospital Facilities (as defined in the Indenture) . In the case of redemption upon damage, destruction or condemnation of the Hospital Facilities, in whole at any time or in part (under circumstances set forth in the Indenture and the Lease) by lot on any interest payment date, at a redemption price equal to 100% of the principal amount thereof and accrued interest to the redemption date. The Series 1993 Bonds maturing on or after May 15, are subject to redemption by the Authority upon the direction of the Hospital on or after May 15, as a whole at any time or in part on any interest payment date, to the extent that the Hospital has not sold Option Rights (as hereinafter defined) exercisable on the proposed redemption date for Series 1993 Bonds of the same maturity as the Series 1993 Bonds proposed to be called for redemption, at the redemption prices set forth below (expressed as percentages of principal amount) and accrued interest to the redemption date: Redemption Dates Redemption (Dates Inclusive) Prices May 15, through May 14, _ 102% May 15, _ through May 14, 101 May 15, and thereafter 100 A-5 WP146302-new/230 A 0 r �p If Option Rights exercisable on the proposed redemption date have been sold by the Hospital for only a portion of the Series 1993 Bonds of a particular maturity, the principal amount of Series 1993 Bonds of such maturity that are subject to redemption on such redemption date shall not exceed the principal amount of Series 1993 Bonds of such maturity for which Option Rights exercisable on such proposed redemption date have not been sold by the Hospital. Notwithstanding the foregoing, any Series 1993 Bond bearing a legend executed by the Trustee and certifying that an Option Right has been exercised with respect to such Series 1993 Bond shall not be subject to optional redemption pursuant to the Indenture during the Option Period specified in such legend. The Series 1993 Bonds maturing on May 15, 2012 are also subject to mandatory redemption on May 15, commencing May 15, 2012, in each of the years provided in the Indenture until maturity (by lot in such manner as the Trustee may determine) pursuant to the terms of the sinking fund at 100% of the principal amount thereof and accrued interest to the redemption date. The Series 1993 Bonds maturing on May 15, 2020 are also subject to mandatory redemption on May 15, commencing May 15, 2020, in each of the years provided in the Indenture until maturity (by lot in such manner as the Trustee may determine) pursuant to the terms of the sinking fund at 100% of the principal amount thereof and accrued interest to the redemption date. The Series 1993 Bonds are subject to rights to call the Series 1993 Bonds for mandatory tender for purchase, as and to the extent set forth in the Indenture, from the maturity or maturities selected by the Hospital or its registered assigns and within a maturity by lot selected by the Trustee in such manner as the Trustee shall determine, at purchase prices equal to the percentages set forth below of principal amount of the Series 1993 Bonds to be purchased plus, if the date the Series 1993 Bonds are required to be tendered for purchase is not an interest payment date, accrued interest to such date: Purchase Dates (Both Inclusive) Purchase Price May 15, __ through May 14, _ 102% May 15, through May 14, 101 May 15, _ and thereafter _ 100 A-6 WP146302-new/230 (CO 1.!S The Authority, to the extent permitted by law, has granted said rights to call Series 1993 Bonds for mandatory tender for purchase and to purchase such Series 1993 Bonds (referred to herein as "Option Rights") to the Hospital. The Hospital may sell all or any part of the Option Rights in the manner and upon the conditions set forth in the Indenture. Notwithstanding the foregoing, any Series 1993 Bond bearing a legend executed by the Trustee and certifying that an Option Right has been exercised with respect to such Series 1993 Bond shall not be subject to call for mandatory tender for purchase during the Option Period specified in such legend. Notice of the call for redemption shall be given by the Trustee by mailing a copy of the redemption notice at least thirty days prior to the redemption date to the registered owner of the Series 1993 Bonds to be redeemed in whole or in part at the address last showing on the registration books. Failure to give such notice by mailing, or any defect therein, shall not affect the validity of any proceedings for the redemption of other Series 1993 Bonds. All Series 1993 Bonds called for redemption will cease to bear interest after the specified redemption date, provided funds for their payment are on deposit at the place of payment at the time. The Series 1993 Bonds are issuable solely as fully registered bonds in the denomination of $5,000 and any integral multiple thereof. Series 1993 Bonds, upon the surrender thereof at the office of the Trustee with a written instrument of transfer satisfactory to the Trustee duly executed by the registered owner of his duly authorized attorney, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Series 1993 Bonds of other authorized denominations of the same maturity. This bond is fully transferable by the registered owner hereof in person or by his duly authorized attorney on the registration books kept at the principal corporate office of the Trustee upon surrender of this bond together with a duly executed written instrument of transfer satisfactory to the Trustee. Upon such transfer a new fully registered bond of authorized denomination or denominations of the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange therefor, all subject to the terms and conditions set forth in the Indenture. The Authority and the Trustee may deem and treat the person in whose name this bond is registered as the absolute owner hereof, whether or not this bond shall be overdue, for the purpose of receiving payment and for all other purposes and neither the Authority nor the Trustee shall be affected by any notice to the contrary. A-7 WP746302—new/230 .,Ja ?Q'.';.3 Notwithstanding the foregoing, so long as the ownership of the Series 1993 Bonds is maintained in book-entry form by The Depository Trust Company (the "Securities Depository") or a nominee thereof, this bond may be transferred in whole but not in part only to the Securities Depository or a nominee thereof or to a successor Securities Depository or its nominee. To the extent permitted by, and as provided in, the Indenture, modifications or amendments of the Indenture, or of any indenture supplemental thereto, and of the rights and obligations of the Authority and of the holders of the Bonds may be made with the consent of the Authority, Credit Suisse, New York Branch (as long as Series 1990 Bonds remain outstanding) and the Bond Insurer and, in certain instances, with the consent of the Bondholders of not less than 51% in aggregate principal amount of the Bonds then outstanding; provided, however, that no such modification or amendment shall be made which will affect the terms of payment of the principal of, premium, if any, or interest on any of the Bonds or terminate the Bond Insurance Policy or the Series 1993 Bond Insurance Policy, which are unconditional unless consented to by all Bondholders. Any such consent by the holder of this bond shall be conclusive and binding upon such holder and upon all future holders of this bond and of any bond issued upon the transfer or exchange of this bond whether or not notation of such consent is made upon this bond. The holder of this bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the pledge, assignment or covenants made therein or to take any action with respect to an event of default under the Indenture or to institute, appear in or defend any suit, action or other proceeding at law or in equity with respect thereto, except as provided in the Indenture. In case an event of default under the Indenture shall occur, the principal of all the Bonds at any such time outstanding under the Indenture may be declared or may become due and payable, upon the conditions, with the consent of the Bond Insurer, and in the manner and with the effect provided in the Indenture. The Indenture provides that such declaration may in certain events by rescinded by the Trustee or the holders of a requisite principal amount of the Bonds outstanding under the Indenture. It is hereby certified, recited and declared that any and all conditions, acts and things required by the Constitution or statutes of the State of Colorado or by the hereinafter-defined Act or the Indenture to exist, to have happened or to have been performed precedent to or in the issuance of this bond exist, have happened and have been performed. A-8 wP146302-new/230 .A r This bond shall not be entitled to any benefit under the Indenture, or become valid or obligatory for any purpose, until the certificate of authentication hereon shall have signed by the Trustee. IN WITNESS WHEREOF, the COLORADO HEALTH FACILITIES AUTHORITY has caused this bond to be executed in its name and in its behalf by the facsimile signature of its Chairman, and its seal to be reproduced hereon by the facsimile and attested by the facsimile signature of its Executive Director, all as of the set forth above. [FACSIMILE SEAL] COLORADO HEALTH FACILITIES AUTHORITY By (facsimile) Attest: Chairman By (facsimile) Executive Director A-9 WP746302-new/230 4330-.„1.9 (FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION) Date of Authentication: This is one of the Series 1993 Bonds described in the within mentioned Trust Indenture. NORWEST BANK DENVER, N.A. , as Trustee By Authorized Representative (END OF FORM OF TRUSTEE' S CERTIFICATE OF AUTHENTICATION) (End of Form of Series 1993 Bond) [Form of Statement of Insurance) MUNICIPAL BOND INVESTORS ASSURANCE CORPORATION STATEMENT OF INSURANCE The Municipal Bond Investors Assurance Corporation (the "Insurer") has issued a policy containing the following provisions, such policy being on file at the principal office of Norwest Bank Denver, N.A. , Denver, Colorado. The Insurer, in consideration of the payment of the premium and subject to the terms of the policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete payment required to be made by or on behalf of the Authority to Norwest Bank Denver, N.A. , Denver, Colorado or its successor (the "Paying Agent") of an amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been A-10 WP146302—new/230 due had there not been any such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts. " "Obligations" shall mean: Colorado Health Facilities Authority Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with Citibank, N.A. , in New York, New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together with any appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to Citibank, N.A. , Citibank, N.A. shall disburse to such owners or the Paying Agent payment of the Insured Amounts due on such Obligations, less any amount held by the Paying Agent for the payment of such Insured Amounts and legally available therefor. This policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Obligation. As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Authority, or any designee of the Issuer for such purpose. The term owner shall not include the Authority or any party whose agreement with the Authority constitutes the underlying security for the Obligations. A-11 WP146302—new/230 9wL i. Any service of process on the Insurer may be made to the Bond Insurer at its offices located at 113 King Street, Armonk, New York 10504 . This policy is non-cancellable for any reason. The premium on this policy is not refundable for any reason including the payment prior to maturity of the Obligations. (Form of Transfer) FOR VALUE RECEIVED, , the undersigned, hereby sells, assigns and transfer unto (Tax Identification or Social Security No. ) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever . (End of Form of Transfer) • A-12 WP746302-new/230 LEGEND RESPECTING EXERCISED OPTION RIGHT (To Be Included Only On Series 1993 Bonds For Which An Option Right Has Been Exercised. ) IT IS HEREBY CERTIFIED that Option Right(s) with respect to this bond have been exercised for the Option Period from to (both dates inclusive) . This bond is not subject to optional redemption pursuant to the Indenture, or to mandatory tender for purchase pursuant to the Indenture, during said Option Period. NORWEST BANK DENVER, N.A. , as Trustee By Authorized Officer A-13 WP146302-new/230 t^tf• an EXHIBIT B FORM OF OPTION RIGHTS CERTIFICATE Registered Number Registered OPTION RIGHTS CERTIFICATE BONDS: COLORADO HEALTH FACILITIES AUTHORITY, HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER) SERIES 1993 BOND DATE: January 15, 1993 MATURITY DATE: CUSIP: INTEREST RATE: PRINCIPAL AMOUNT: OPTION PERIOD: From to , (both dates inclusive) . REGISTERED OWNER: IT IS HEREBY CERTIFIED THAT the Registered Owner identified above, or registered assigns, is the owner of the rights created and granted by the Colorado Health Facilities Authority (the "Authority") to call for mandatory tender for purchase and to purchase the Colorado Health Facilities Authority, Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 identified above (the "Series 1993 Bonds") of the maturity identified above in the principal amount identified above during the Option Period identified above (the "Option Period") for the purchase price and upon the other terms and conditions specified herein and in Section 3 .03 of the Trust Indenture, dated as of December 1, 1985, between the Authority and Norwest Bank Denver, N.A. , as successor in trust to United Bank of Denver National Association and IntraWest Bank of Greeley, N.A. (the "Trustee" ) , as amended and supplemented by a First Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee, by a Second Supplemental Trust Indenture, dated as of November 1, 1990, B-1 WP146302-.030/230 �,r9,: between the Authority and the Trustee and by a Third Supplemental Trust Indenture, dated as of January 15, 1993, between the Authority and the Trustee pursuant to which the Series 1993 Bonds were issued (which Indenture, as from time to time amended and supplemented, is hereinafter referred to as the "Indenture") . Reference is hereby made to the Indenture for a description of the provisions, among others, with respect to the nature and extent of the rights, duties and obligations of the Authority, the Trustee, the Option Rights Owners and the registered owners of the Series 1993 Bonds and the terms and conditions of the Option Rights . The Series 1993 Bonds are subject to call for mandatory tender for purchase by and at the option of the Board of Trustees for North Colorado Medical Center (the "Hospital") or Option Rights Owners upon the terms and conditions set forth therein at purchase prices equal to the percentages set forth below of principal amount of the Series 1993 Bonds to be purchased plus, if the date the Series 1993 Bonds are required to be tendered for purchase (the "Purchase Date") is not a May 15 or November 15 (a "Series 1993 Interest Payment Date"), accrued interest to Purchase Date (the "Purchase Price") : Purchase Dates (Both Inclusive) Purchase Price May 15, through May 14, 102% May 15, through May 14, 101 May 15, ___ and thereafter 100 THE OPTION RIGHTS EVIDENCED BY THIS CERTIFICATE ARE LIMITED TO THE SERIES 1993 BONDS OF THE MATURITY IDENTIFIED ON THE FACE HEREOF IN THE PRINCIPAL AMOUNT IDENTIFIED ON THE FACE HEREOF AND ARE LIMITED TO THE OPTION PERIOD IDENTIFIED ON THE FACE HEREOF. In order to exercise any Option Right represented by this Option Rights Certificate (except under the conditions set forth in the next paragraph) , this Option Rights Certificate, the Purchase Price and the irrevocable written instructions described in the next sentence must be delivered to the Trustee not less than 45 nor more than 90 days before the Purchase Date. Such irrevocable written instructions shall be in form and substance satisfactory to the Trustee and shall designate (1) the Purchase Date, (ii) if less than all of the Series 1993 Bonds to which this Option Rights B-2 WP146302-030/230 C•1114* w r,= Certificate pertains are to be purchased, the principal amount to be purchased and (iii) if the Series 1993 Bonds are registered in book-entry only form, book-entry instructions respecting the new Series 1993 Bond or Series 1993 Bonds to be delivered in exchange for the Series 1993 Bonds to be purchased to be forwarded to the securities depository for the Series 1993 Bonds (the "Securities Depository") , in form and substance satisfactory to the Securities Depository. The Purchase Date must be a date included in the Option Period specified on the face hereof that is not between the first day of the calendar month in which a Series 1993 Interest Payment Date occurs and such Series 1993 Interest Payment Date. The Trustee shall hold the Purchase Price uninvested, unless agreed to in writing by the Trustee and the registered owner hereof. Any interest or other gain realized on any investment of the Purchase Price, net of any fee and expense of the Trustee, shall be the property of and be remitted to the registered owner hereof. The Trustee or the Securities Depository shall require the payment by the registered owner hereof of any expense or tax or other governmental charge required to be paid with respect to such mandatory tender and the issuance of new Series 1993 Bonds as a result thereof . If the registered owner hereof is also the registered owner of a Series 1993 Bond of the maturity to which this Option Rights Certificate pertains, which Series 1993 Bond is subject to mandatory tender for purchase during the Option Period specified on the face hereof, the registered owner hereof may present to the Trustee this Option Rights Certificate and such Series 1993 Bond and request that the Trustee cancel this Option Rights Certificate and designate such Series 1993 Bond to be a Series 1993 Bond that is not subject to mandatory tender for purchase or optional redemption pursuant to Section 3 .01(a) of the Indenture during the Option Period specified in this Option Rights Certificate. Upon receipt of this Option Rights Certificate, such Series 1993 Bond and such request, the Trustee shall so designate such Series 1993 Bond in the bond registrations books maintained by the Trustee and on such Series 1993 Bond itself (by stamping or other appropriate means of identification or by authentication and delivery of a new Series 1993 Bond) , and such Series 1993 Bond or any Series 1993 Bond thereafter issued in a transfer or exchange for such Series 1993 Bond shall not be subject to mandatory tender for purchase or optional redemption pursuant to said Section 3 . 01(a) during said designated Option Period. The Trustee is not required to honor such a request if it is made within the period of 15 days next preceding the giving of any notice of redemption or mandatory tender for purchase. The Trustee or the Securities Depository shall require the payment by the Option Rights Owner requesting an exchange contemplated by this paragraph of any expense or tax or other B-3 wp146302-030/230 l governmental charge required to be paid with respect to such exchange. As long as a book-entry only registration system is used for the Series 1993 Bonds, the Trustee shall register any new Series 1993 Bond issued pursuant to this paragraph in the name of Cede & Co . or other nominee designated by the Securities Depository. At the request of the registered owner hereof, the Authority, the Hospital and the Trustee shall cooperate in obtaining a new CUSIP number, if needed or desirable, for such Series 1993 Bond. The Series 1993 Bonds are subject to redemption by the Authority, upon the written direction of the Hospital, in whole or in part at any time from the maturity or maturities specified by the Hospital in accordance with the Indenture (or, if no such specification is made, in inverse order of maturity) less than all of the Series 1993 Bonds or portions thereof of a single maturity to be selected by lot in such manner as the Trustee may determine, at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date, upon the exercise by the Hospital of its option to prepay the amount due and owing pursuant to a Lease, dated as of December 1, 1985, between the Authority and the Hospital and accepted and approved by Weld County, Colorado (the "County") , as amended and supplemented by the Agreement, dated April 27, 1988, among the Authority, the Trustee, the Hospital, the County and North Colorado Medical Center, Inc. , by the First Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County, by the Second Supplemental Lease, dated as of November 1, 1990, between the Authority and the Hospital and accepted and approved by the County and by the Third Supplemental Lease, dated as of January 15, 1993, between the Authority and the Hospital and accepted and approved by the County (collectively, the "Lease") . Reference is hereby made to the Indenture and the Lease for a further description of the circumstances under which the Series 1993 Bonds may be redeemed as referenced in. this paragraph. Upon any such redemption of all of the Series 1993 Bonds Outstanding of any maturity, all Option Rights to call series 1993 Bonds of such maturity for mandatory tender for purchase and to purchase such Series 1993 Bonds shall terminate and the Option Rights Certificates evidencing the same shall be deemed cancelled. Upon any such redemption of a portion of the Series 1993 Bonds Outstanding of any maturity, Options Rights to call Series 1993 Bonds of such maturity in the aggregate principal amount equal to the aggregate principal amount of Series 1993 Bonds of such maturity so redeemed shall terminate and any Option Rights Certificates evidencing the same shall be deemed cancelled. The Option Rights to be terminated and the Option Rights 8-4 WP146302-030/230 Certificates to be cancelled shall be selected first from Option Rights owned by the Hospital not evidenced by Option Rights Certificates, second from option Rights owned by the Hospital evidenced by Option Rights Certificates and third from all other Option Rights by lot in such manner as the Trustee may determine. The principal of all the Series 1993 Bonds shall be declared due and payable as described in the Indenture upon the occurrence of an Event of Default described in the Indenture. In such event the Option Rights evidenced hereby shall terminate. In the event any such declaration is rescinded and annulled in accordance with the Indenture, the Option Rights evidenced hereby shall be reinstated. Notice of such termination of Option Rights and cancellation of any Option Rights Certificates evidencing the same, identifying the Option Rights Certificates or portions thereof to be cancelled, shall be given by the Trustee by mailing a copy of such notice together with the notice of redemption of Series 1993 Bonds resulting in such termination by registered or certified mail (or, if the Series 1993 Bonds are no longer held in book-entry only form, by first-class mail) at least 30 days and not more than 60 days prior to the date fixed for such redemption to the registered owner of each Option Rights Certificate to be cancelled in whole or in part at his address shown on the registration books maintained by the Trustee; provided that failure to give such notice by mailing, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 1993 Bond or the termination of any Option Rights. This Option Rights Certificate is transferable upon surrender hereof by the Registered Owner hereof in person or by his attorney duly authorized in writing a.t the principal or other designated corporate trust office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture. Upon such transfer, a new Option Rights Certificate or Option Rights Certificates of the same aggregate principal amount of the same maturity of authorized denomination or denominations will be issued to the transferee in exchange therefor. The Authority and the Trustee may deem and treat the registered owner hereof as the absolute owner hereof for all purposes, and neither the Authority nor the Trustee shall be affected by any notice to the contrary. Subject to the limitations and upon payment of the charges provided in the Indenture, Option Rights Certificates may be exchanged for Option Rights Certificates relating to B-5 WPt.6302-030/230 Series 1993 Bonds of the same maturity in the same aggregate principal amount for Option Periods covering in the aggregate the same period of time. IN WITNESS WHEREOF, the Trustee has caused this Option Rights Certificate to be executed in its name by one of its authorized officers. Dated: NORWEST BANK DENVER, N.A. , as Trustee By Authorized Officer 8-6 NP146302-030/230 (� Q •J 4..J a ASSIGNMENT • FOR VALUE RECEIVED, the undersigned, hereby sells, assigns and transfers unto (Tax Identification or Social Security No. ) the within Option Rights Certificate and the Option Rights evidenced thereby, and hereby irrevocably constitutes and appoints attorney to transfer the within Option Rights Certificate and the Option Rights evidenced thereby on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment rust correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. B-7 wm416302-030/230 C EXHIBIT C This Indenture relates to the following described parcels of real estate located in the County of Weld, State of Colorado, to wit: A parcel of land being a part of Block A, HOSPITAL ADDITION, and addition to the City of Greeley, County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner (SE Cor) of said Block A: THENCE Northerly along the East line of said Block A, 622.01 feet to a point on the Southerly line of the Northerly Eighty feet (N 80 ' ) of said Block A, as dedicated to the City of Greeley for the purposes of a city street, by Deed of Dedication recorded August 7, 1950 in Book 1276 at Page 475 of the Weld County Clerk and Recorder; THENCE on a deflection angle to the LEFT of 89°56 '21" along said Southerly line a distance of 249.26 feet. THENCE on a deflection angle to the LEFT of 89°57 '26" a distance of 79 . 61 feet to a point of curvature; THENCE along the arc of a curve which is concave to the Northeast, 63.80 feet, and whose radius is 80 .88 feet, whose delta is 45°11 '49" and whose long chord is a deflection angle to the LEFT of 22°35 ' 55" for a distance of 62. 16 feet to a point of tangent; THENCE on a deflection angle to the LEFT of 22°35 ' 54" a distance of 9.39 feet; THENCE on a deflection angle to the RIGHT of 90°09 '33" a distance of 56. 17 feet; THENCE on a deflection angle to the RIGHT of 44°59 ' 42" a distance of 65.86 feet; THENCE on a deflection angle to the RIGHT of 90°02'34" a distance of 183 .35 feet to a point on the Southerly line of the Northerly Eighty feet (N 80 ' ) of said Block A, as dedicated to the City of Greeley for the purposes of a city street, by Deed of Dedication recorded August 7, 1950 in Book 1276 at Page 475 of the Weld County Clerk and Recorder; THENCE on a deflection angle to the LEFT of 90°02 '34" along said Southerly line a distance of 584.99 feet; THENCE leaving said Southerly line on a deflection angle to the LEFT of 90°39 '22" a distance of 122.95 feet; THENCE on a deflection angle to the RIGHT of 90°52 '36" a distance of 192. 48 feet to a point on the West line of aforesaid Block A, also being the Easterly Right-of-Way (ROW) line of Twenty-first (21st) Avenue; C-1 WP166302-030/230 �j P)c_l%./�1.� Q • THENCE on a deflection angle to the LEFT of 90°17' 05" along the West line of said Block A and the Easterly ROW line of said 21st Avenue a distance of 237.88 feet; THENCE leaving said West line of Block A on a deflection angle to the LEFT of 89°42' 55" a distance of 301.90 feet; THENCE on a deflection angle to the RIGHT of 89°46 '45" a distance of 103 . 05 feet; THENCE on a deflection angle to the LEFT of 90°09 '49" a distance of 150 .67 feet; THENCE on a deflection angle to the RIGHT of 90°00 '00" a distance of 160 . 00 feet to a point on the South line of aforesaid Block A, also being the Northerly ROW line of Sixteenth (16th) Street; THENCE on a deflection angle to the LEFT of 90°00 '00" along the SOUTH line of said Block A, also the Northerly ROW line of 16th Street, a distance of 647.70 feet to the POINT OF BEGINNING. Said described parcel of land contains 544,095 Square Feet, more or less (+) , or 12.4907 Acres, more or less (+) . C-2 WP146302-030/230 DRAFT 1/28/93 COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER) SERIES 1993 BOND PURCHASE AGREEMENT Colorado Health Facilities Authority February, 1993 3033 East First Avenue, #301 Denver, Colorado 80206 Board of Trustees for North Colorado Medical North Colorado Medical Center Center, Inc. 1801 - 16th Street 1807: - 16th Street Greeley, Colorado 80631 Greeley, Colorado 80631 Ladies and Gentlemen: On the basis of the representations, terms and conditions contained herein, the undersigned, PaineWebber Incorporated, New York, New York (the "Underwriter") , hereby offers to purchase $ aggregate principal amount of Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 dated as of January 15, 1993 (as hereinafter defined) (the "Bonds") , to be issued by the Colorado Health Facilities Authority (the "Issuer") , an independent public body politic and corporate constituting a public instrumentality, under and pursuant to a Trust Indenture dated as of December 1, 1985 (the "Original Indenture") as supplemented by the First Supplemental Trust Indenture (the "First Supplemental Trust Indenture") dated as of November 1, 1990, the Second Supplemental Trust Indenture dated as of November 1, 1990 (the "Second Supplemental Trust Indenture") and the Third Supplemental Trust Indenture dated as of January 15, 1993 (the Original Indenture, the First Supplemental Indenture, the Second Supplemental Trust Indenture and the Third Supplemental Trust Indenture are collectively referred to as the "Trust Indenture") , by and between the Issuer and Norwest Bank Denver, National Association, formerly known as United Bank of Denver National Association, successor in trust to Intrawest Bank of Greeley, N.A. , as trustee (the "Trustee") . The Bonds are to be issued and sold by the Issuer pursuant to and in accordance with provisions of the Colorado Health Facilities Authority Act, constituting Article 25, Title 25, of the Colorado Revised Statutes, as amended (the "Act") , for the purpose of (i) renovating and replacing portions of the Hospital Facilities and financing future capital expenditures (as defined in the Trust Indenture) (the "Project") , (ii) crossover refunding the Series 1990 Bonds, as hereinafter defined, (iii) paying the premium for the Bond Insurance Policy, (iv) paying underwriting, legal, and other fees and costs relating to the issuance of the Bonds. The Issuer has previously issued its Hospital Refunding Revenue Bonds (North Colorado Medical Center Project) Series 1985 (the "Series 1985 Bonds') pursuant to the Original Indenture and its Variable Rate Demand Hospital Bonds (North Colorado Medical Center) Series 1990 pursuant to the First Supplemental Trust Indenture (the "Series 1990 Bonds') . Weld County, Colorado (the "County') has previously leased certain land and the Hospital Facilities located thereon to the Issuer pursuant to a Ground Lease dated as of December 1, 1985 (the "Original Ground Lease") between the County and the Issuer, which Original Ground Lease was amended pursuant to the Agreement dated April 27, 1988 and simultaneously with the delivery of the Series 1990 Bonds pursuant to a First Supplemental Ground Lease dated as of November 1, 1990 (the 'First Supplemental Ground Lease") (the Original Ground Lease and the First Supplemental Ground Lease are collectively referred to as the 'Ground Lease") . In connection with the Series 1985 Bonds the Issuer and the Board of Trustees for North Colorado Medical Center (the "Board") also previously entered into the Lease dated as of December 1, 1985 (the "Original Lease") , which Original Lease was supplemented pursuant to the Agreement dated April 27, 1988 (the "1988 Agreement") and simultaneously with the delivery of the Series 1990 Bonds pursuant to a First Supplemental Lease dated November 1, 1990 (the "First Supplemental Lease") and the Second Supplemental Lease, dated as of November 1, 1990 (the "Second Supplemental Lease') and which will be supplemented simultaneously with the delivery of the Bonds pursuant to the Third Supplemental Lease dated as of January 15, 1993 (the "Third Supplemental Lease") (the Original Lease, the First Supplemental Lease, the Second Supplemental Lease and the Third Supplemental Lease are collectively referred to as the "Lease") . The Hospital Facilities have been leased by the Hospital to North Colorado Medical Center, Inc. , a Colorado nonprofit corporation (the "Corporation") pursuant to an Operating Sublease dated as of March 8, 1985, as amended and restated by the Amended and Restated Operating Sublease, the 1988 Agreement, the Second Amended and Restated Operating Sublease dated as of November 1, 1990, which will be amended simultaneously with the issuance of the Bonds pursuant to the Third Amended and Restated Operating Sublease dated as of January 15, 1993 (the -2- fro- 441 di) °Third Sublease") (all are collectively referred to as the "sublease") . In connection with the issuance of the Bonds, the Corporation and the Board will execute the Tax Regulatory Agreement dated as of January 15, 1993 (the "Tax Regulatory Agreement") . Payment of the principal of and interest on the Bonds is insured by Municipal Bond Investors Assurance Corporation (the "Insurer") , under a financial guaranty insurance policy (the "Bond Insurance Policy") . In connection with the cross-over refunding of the Series 1990 Bonds, the Corporation, the Board, the Issuer and the Trustee, acting as trustee and escrow agent, will execute and deliver an Escrow Agreement, dated as of January 15, 1993 (the "Escrow Agreement") . SECTION 1. Representations. Warranties. Covenants. and Agreements of the Issuer. By execution hereof the Issuer hereby represents to and agrees with the Underwriter that: (a) The Issuer is an independent public body politic and corporate constituting a public instrumentality created and existing under the laws of the State of Colorado and particularly the Act. The Issuer is authorized by the laws of the State of Colorado, including particularly the Act, to issue, sell, and deliver the Bonds for the purposes specified above, and to enter into and perform its obligations under the Trust Indenture, the Lease and the Ground Lease, including the pledge and assignment to the Trustee, in accordance with the provisions of the Trust Indenture, of substantially all of the Issuer's right, title and interest under the Lease; (b) The Issuer has complied with all applicable provisions of the Constitution and laws of the State of Colorado, including the Act, relating to the authorization of the Bonds, and has full power and authority to consummate all transactions described in this Bond Purchase Agreement, the Bonds, the Trust Indenture, the Lease, the Ground Lease and any and all other agreements relating to all such documents to which the Issuer is a party; (c) The information relating to the Issuer contained under the captions "SUMMARY STATEMENT--The Issuer," "THE ISSUER," and "LITIGATION--The Issuer" in the Preliminary Official Statement dated January , 1993 (to the extent not changed in the Official Statement) (the "Preliminary Official Statement") , and the Official Statement dated January, , 1993 (the "Final Official Statement") , or such later date approved by the Issuer and the Underwriter (the Preliminary Official Statement, the Final Official Statement, including the appendices thereto and any and all supplements and amendments thereto, are hereinafter collectively referred to as the "Official Statement") , was as of the dates thereof and, at the Closing Date (as hereinafter defined) , will be true and correct and does not contain and will not contain any untrue or misleading statement of a material fact and does not omit and will not omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading; (d) In reliance on the representation of the Corporation contained in Section 2 (k) hereof, except for final information as to the offering prices, selling compensation, amount of proceeds, delivery dates and other terms depending on such factors, the Preliminary Official Statement is deemed final by the Issuer as of its date within the meaning of Rule 15c(2)-12 of the Securities Exchange Act of 1934, as amended ("Rule 15c(2) -12") , and the Issuer ratifies the use by the Underwriter, prior to the date hereof, of the Preliminary Official Statement in connection with the offering and sale of the Bonds; (e) The Issuer has duly authorized all action necessary to be taken by it or on its behalf for: (i) the issuance and delivery of the Bonds upon the terms set forth in the Trust Indenture and in the Official Statement; (ii) the execution and delivery of the Trust Indenture, the Lease, the Ground Lease and this Bond Purchase Agreement; (iii) the approval and distribution of the Final Official Statement and the signing of the Final Official Statement by its Executive Director and the authorization of the use of the Official Statement by the Underwriter in connection with the offer and sale of the Bonds; and (iv) the carrying out, giving effect to, and consummation of the transactions described herein and in the Official Statement. Copies of the Trust Indenture, the Lease and the Ground Lease, executed by the appropriate officers of the Issuer, and copies of the Official Statement, signed by its Executive Director will be delivered to the Underwriter by or on behalf of the Issuer in quantities reasonably requested by the Underwriter pursuant to the provisions of Section 2(m) hereof by or on behalf of the Issuer within seven business days after the date of the execution hereof; (f) The execution, issuance, and delivery of this Bond Purchase Agreement, the Bonds, the Trust Indenture, the Lease, and the Ground Lease, and the performance by the Issuer of its obligations hereunder and thereunder, and the authorization and use of the Official Statement are within the powers of the Issuer and will not conflict with or constitute a breach of or result in a violation of (i) the Act; (ii) any agreement or other instrument to which the Issuer is a party or by which it is bound; or (iii) any constitutional or statutory provision or order, rule, regulation, decree, or ordinance of any court, government, or governmental authority of the State of Colorado having jurisdiction over the Issuer or its property; (g) To the knowledge of the Issuer, there is no action, suit, proceeding, inquiry, or investigation at law or in equity or before or by any court, public board or body pending or threatened against or affecting the Issuer (or, to the knowledge of the Issuer, any reasonable basis therefor) , wherein an unfavorable decision, ruling, or finding would materially adversely affect the transactions described in this Bond Purchase Agreement or in the Official Statement or would adversely affect the validity of the Bonds, the Trust Indenture, the Lease, the Ground Lease, this Bond Purchase Agreement, or any agreement or instrument to which the Issuer is a party and which is used or contemplated for use in the consummation of the transactions described herein or in the Official Statement; (h) The Issuer has not been notified of any listing or proposed listing by the Internal Revenue. Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon; (i) Any certificate authorized by resolution of the Issuer, signed by any authorized officer or officers of the Issuer and delivered to the Underwriter, shall be deemed a representation by the Issuer to the Underwriter as to the statements made therein; and (j) For a period of twenty-five days commencing on the Closing Date, the Issuer shall advise the Underwriter promptly in connection with the offer and sale of the Bonds of the occurrence of any event of which it has knowledge, or the institution of any proceedings to which it is a party or of which it has knowledge by any governmental agency or otherwise, affecting the Bonds. SECTION 2. $epresentations, Warranties, Covenants, and Agreements of the Corporation. By execution hereof the Corporation hereby represents to and agrees with the Underwriter and the Issuer that: -5- ✓,7e- w (a) The Corporation is a not-for-profit corporation duly incorporated, validly existing, and in good standing under the laws of the State of Colorado; (b) The Corporation is not in breach of or in default under: (i) any of the provisions of its Articles of Incorporation or Bylaws; (ii) any judgment, decree, order, or, to the best of its knowledge, any statute, rule, or regulation applicable to it or to its properties; or (iii) any provision of any indenture, mortgage, loan agreement, lease, or other contract or instrument to which it is a party or by which it or any of its properties is bound, a default under or a breach of which would have a material adverse effect on the Corporation, its business operations, or financial condition, or would materially adversely affect the transactions contemplated by the Official Statement; (c) The Corporation is not required, in connection with the transactions described in this Bond Purchase Agreement, the Sublease, the Tax Regulatory Agreement, the Escrow Agreement and the Indemnity Letter (the "Indemnity Letter") dated as of even date herewith from the Corporation to the Issuer and the Underwriter and attached hereto as Exhibit A (the Bond Purchase Agreement, the Indemnity Letter, the Sublease, the Tax Regulatory Agreement, and the Escrow Agreement are hereinafter collectively referred to as the "Corporation Documents") , or the Official Statement, to obtain any consent not already obtained; (d) The Corporation has full power and authority, and by all necessary corporate action has duly authorized, the execution, delivery, and performance of the Corporation Documents; (e) The Corporation: (i) is an organization described in Section 501(c) (3) of the Internal Revenue Code of 1986, as amended (the 'Code") ; (ii) has not received notification from the Internal Revenue Service to the effect that it is not an organization described under said Section 501(c) (3) and not exempt from Federal income taxes under section 501(a) of the Code; (iii) is in compliance with the provisions of the Code and any applicable regulations thereunder necessary to maintain such status; (iv) is not a private foundation described in Section 509(a) of the Code; (v) is organized and operated for charitable purposes; (vi) is not organized and operated for pecuniary profit; and (vii) is organized and operated such that no part of its net earnings will inure to the benefit of any person, private stockholder, or individual; -6- Sw0 -S (f) The Corporation has or timely will obtain all requisite authority, permits, licenses, consents, and authorizations as are necessary to own or lease and operate its properties, to construct the Project, and to carry on its business and operate the Hospital Facilities, and to carry out and consummate all the transactions to be carried out and consummated by the Corporation as described in the Corporation Documents; (g) This Bond Purchase Agreement and the Indemnity Letter, are on the date hereof, and on the Closing Date the other Corporation Documents will be, when executed by all the parties thereto, in accordance with their respective terms, legal, valid, and binding obligations of the Corporation, except as may be limited by general principles of equity and bankruptcy, insolvency, reorganization, moratorium or other similar laws or equitable principles of general application from time to time affecting the rights of creditors, landlords, and secured parties generally, and the authorization, execution, and delivery of the Corporation Documents and compliance with the provisions of each will not conflict with or constitute on the part of the Corporation a violation of, material breach of, or material default under: (i) any of the provisions of its Articles of Incorporation or Bylaws; (ii) any judgment, decree, order, or, to the best of its knowledge, any statute, rule, or regulation applicable to it or to its properties; or (iii) any provision of any indenture, mortgage, loan agreement, lease, or other contract or instrument to which it is a party or by which it or any of its properties is bound, a default under or a breach of which would have a material adverse effect on the Corporation, its business operations, or financial condition, or would materially adversely affect the transactions contemplated by the Official Statement; (h) There is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board or body, pending or, to the best of the knowledge and belief of the officers of the Corporation, threatened against the Corporation, wherein an unfavorable decision, ruling, or finding would materially and adversely affect the properties, business, prospects, profits, or condition of the Corporation, or which would adversely affect the validity or enforceability of the Corporation Documents or any other agreement or instrument to which the Corporation is or will be a party for use in consummation of the transactions described hereunder; (i) It will not take or omit to take, as the case may be, any action within its control that would result in the -7- n^� " - -+ a . J loss of its status as an organization described in Section 501(c) (3) of the Code, or the interest on the Bonds becoming not exempt from Federal income taxation under the Code; (j) The Corporation will not take or omit to take any action which action or omission will in any way cause the proceeds of the Bonds to be applied in a manner materially different from that provided in the Trust Indenture and the Lease and as described in the Official Statement; (k) Except for final information as to the offering prices, interest rates, selling compensation, amount of proceeds, delivery dates and other terms depending on such factors, and information relating to the Issuer, the Preliminary Official Statement is deemed final by the Corporation as of its date within the meaning of Rule 15c(2) -12, and the Corporation ratifies the use by the Underwriter, prior to the date hereof, of the Preliminary Official Statement in connection with the offering and sale of the Bonds; (1) The information relating to the Corporation set forth in the Official Statement is true and correct in all material respects and does not on the date hereof, and on the Closing Date will not, contain any untrue or misleading statement of a material fact or omit to state any material facts necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. The corporation has duly approved the Final Official Statement and hereby authorizes the distribution thereof by the Underwriter in connection with the public offering and sale of the Bonds. The Corporation also hereby ratifies the distribution of the Preliminary Official Statement by the Underwriter in connection with the public offering of the Bonds; (m) On or prior to the Closing Date, the Corporation will execute and deliver the Corporation Documents, and will deliver or will cause to be delivered all other certificates and documents described in this Bond Purchase Agreement, and will take or cause to be taken such other action as may be required on its part to fulfill its performance under this Bond Purchase Agreement and within seven business days after the date of execution hereof will cause to be delivered to the Underwriter copies of the Official Statement in quantities reasonably requested by the Underwriter; and (n) For a period of twenty-five days commencing on the Closing Date, the Corporation shall advise the Underwriter promptly in connection with the offer and sale of the Bonds of -8- the occurrence of any event of which it has knowledge, or the institution of any proceedings to which it is a party or of which it has knowledge by any governmental agency or otherwise, affecting the Bonds. SECTION 3- Representations, Warranties. Covenants, and Aaresments of the Board. By execution hereof the Board hereby represents to and agrees with the Underwriter and the Issuer that: (a) The Board is a body corporate created and appointed by the Board of County Commissioners of Weld County (the "County") pursuant to the authority vested in the County by Part 3, Article 3 of Title 25, Colorado Revised Statutes (the "Hospital Act") ; (b) The Board is not in breach of or in default under: (i) the Hospital Act; (ii) any judgment, decree, order, or, to the best of its knowledge, any statute, rule, or regulation applicable to it or to its properties; or (iii) any provision of any indenture, mortgage, loan agreement, lease, or other contract or instrument to which it is a party or by which it or any of its properties is bound, a default under or a breach of which would have a material adverse effect on the Board, its business operations, or financial condition, or would materially adversely affect the transactions contemplated by the Official statement; (c) The Board is not required, in connection with the transactions described in this Bond Purchase Agreement, the Lease, the Ground Lease, the Sublease, the Escrow Agreement and the Indemnity Letter (the Bond Purchase Agreement, the Indemnity Letter, the Ground Lease, the Lease, the Sublease, the Tax Regulatory Agreement and the Escrow Agreement are hereinafter collectively referred to as the "Board Documents") , or the Official Statement, to obtain any consent not already obtained; (d) The Board has full power and authority, and by all necessary corporate action has duly authorized, the execution, delivery, and performance of the Board Documents; (e) This Bond Purchase Agreement and the Indemnity Letter, are on the date hereof, and on the Closing Date the other Board Documents will be, when executed by all the parties thereto, in accordance with their respective terms, legal, valid, and binding obligations of the Board, except as may be limited by general principles of equity and bankruptcy, -9- insolvency, reorganization, moratorium or other similar laws or equitable principles of general application from time to time affecting the rights of creditors, landlords, and secured parties generally, and the authorization, execution, and delivery of the Board Documents and compliance with the provisions of each will not conflict with or constitute on the part of the Board a violation of, materia:'. breach of, or material default under: (i) any of the provisions of the Act or the Hospital Act; (ii) any judgment, decree, order, or, to the best of its knowledge, any statute, rule, or regulation applicable to it or to its properties; or (iii) any provision of any indenture, mortgage, loan agreement, lease, or other contract or instrument to which it is a party or by which it or any of its properties is bound, a default under or a breach of which would have a material adverse effect on the Board, its business operations, or financial condition, or would materially adversely affect the transactions contemplated by the Official Statement; (g) There is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board or body, pending or, to the best of the knowledge and belief of the officers of the Board, threatened against the Board, wherein an unfavorable decision, ruling, or finding would materially and adversely affect the properties, business, prospects, profits, or condition of the Board or the Corporation, or which would adversely affect the validity or enforceability of the Board Documents or any other agreement or instrument to which the Board is or will be a party for use in consummation of the transactions described hereunder; (h) The Board will not take or omit to take any action which action or omission will in any way cause the proceeds of the Bonds to be applied in a manner materially different from that provided in the Trust :ndenture and the Lease and as described in the Official Statement; (i) The information relating to the Board set forth in the Official Statement is true and correct in all material respects and does not on the date hereof, and on the Closing Date will not, contain any untrue or misleading statement of a material fact or omit to state any material facts necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. The Board has duly approved the Final Official Statement and hereby authorizes the distribution thereof by the Underwriter in connection with the public offering and sale of the Bonds. The Board also hereby ratifies the distribution of the Preliminary Official Statement by the Underwriter in connection with the public offering of the Bonds; -10- ._/ , . Set 4 (j) On or prior to the Closing Date, the Board will execute and deliver the Board Documents, and will deliver or will cause to be delivered all other certificates and documents described in this Bond Purchase Agreement, and will take or cause to be taken such other action as may be required on its part to fulfill its performance under this Bond Purchase Agreement; and (k) For a period of twenty-five days commencing on the Closing Date, the Board shall advise the Underwriter promptly in connection with the offer and sale of the Bonds of the occurrence of any event of which it has knowledge, or the institution of any proceedings to which it is a party or of which it has knowledge by any governmental agency or otherwise, affecting the Bonds. SECTION 4. Col}rjsels. Kutak Rock, Denver, Colorado, shad serve as Bond Counsel and be responsible for the preparation of the Trust Indenture, the Lease, the Ground Lease, the Sublease, the Escrow Agreement, the Tax Regulatory Agreement, and all other documentation required under the terms of this Bond Purchase Agreement, the Trust Indenture and the Lease to effectuate the authorization, sale, issuance, and delivery of the Bonds and shall supervise the printing and execution of the Bonds. Such counsel shall deliver to the Underwriter on the Closing Date its opinions in substantially the form of :Exhibt B and Exhibit C hereto, and such other opinions as may reasonably be requested by the Underwriter. Counsel to the Issuer shall be Powers, Phillips & Hopfenbeck, P.C. , Denver, Colorado, who shall be responsible for reviewing the proceedings taken by the Issuer in connection with the issuance of the Bonds and rendering on the Closing Date an opinion in substantially the form of EXhfbit D hereto, and such other opinions with respect to the Issuer as may be reasonably requested by the Underwriter. Counsel to the Corporation shall be Arthur P. Roy, Esq. , Greeley, Colorado, who shall be responsible for preparing all resolutions and other documentation required of the Corporation by the terms of the Sublease and shall deliver on the Closing Date an opinion in substantially the form of Exhibit E hereto and such other opinions with respect to the Corporation as shall be reasonably required by Bond Counsel and the Underwriter. Counsel to the Board and the County shall be the County Attorney for Weld County, Colorado, who shall render an -11- opinion on the Closing Date in the form of Exhibit F hereto and such other opinions as shall be reasonably required by Bond Counsel and the Underwriter. Counsel to the Insurer shall be Kutak Rock, Omaha, Nebraska, who shall render an opinion on the Closing Date in form and substance satisfactory to the Underwriter and its counsel. Counsel to the Underwriter shall be Holme Roberts & Owen, Denver, Colorado, who shall be responsible for performing such services as may be reasonably required by the Underwriter and rendering an opinion on the Closing Date in substantially the form of ZAbibit G hereto. ZECTION 5. xrchasg. Sale. and Delivery of the Bonds. On the basis of, and in reliance upon, the representations and agreements of the Issuer, the Board and the Corporation contained herein and in the other agreements referred to herein and subject to the terms and conditions herein set forth, at the Closing Time the Underwriter agrees to purchase from the Issuer, and the Issuer agrees to sell to the Underwriter, the Bonds at an aggregate purchase price of $ The Bonds shall be issued under and secured as provided in the Trust Indenture, and the Bonds shall be stated to mature on the dates as provided in the Trust Indenture, shall be subject to prior redemption as provided in the Trust Indenture, shall bear interest at the rates as established pursuant to the Trust Indenture. Payment for the Bonds shall be made in federal funds immediately available to the Trustee in Denver, Colorado, for the account of the Issuer, and the Bonds shall be released for delivery by the Issuer at no later than close of business, New York, New York Time, at the offices of Kutak Rock on February, 1993, or at such other place and/or on such other date as the Issuer and the Underwriter shall mutually agree upon. The date of such delivery and payment is herein called the 'Closing Date," and the hour and date of such delivery and payment is herein called the 'Closing Time." Delivery of the Bonds shall be made to the Depository Trust Company, New York, New York, bearing proper CUSIP numbers (provided, however, that neither the printing of a wrong CUSIP number on any Bond nor the failure to print a CUSIP number thereon shall constitute cause to refuse to accept delivery of any Bond) , and such Bonds shall be issued -12- in fully registered form only, registered as specified by the underwriter; provided, however, that the Bonds may be delivered in temporary form upon the approval of the underwriter. The Bonds shall be available in New York, New York, at such place as the Underwriter shall designate, for examination by the Underwriter at least twenty-four hours prior to the Closing Time. SCTION 6. Conditions to the Underwriter's Obligations. The Underwriter's and the Issuer's obligations under this Bond Purchase Agreement are and shall be subject to receipt on the date hereof of the Indemnity Letter of the Corporation and the Board in the form of yrhibjt 8 hereto and a letter from the independent auditors of the Corporation substantially in the form of Exhibit H hereto with work extending to a date not more than five business days prior to the date of this Bond Purchase Agreement. The obligation of the underwriter to purchase and pay for the Bonds on the Closing Date will be subject to the accuracy of the representations and warranties of the Issuer, the Board and the Corporation made pursuant to the provisions hereof, to the performance by the Issuer, the Board and the Corporation of their respective obligations hereunder, and to the following additional conditions precedent: A. On the Closing Date: (i) the Trust Indenture, the Corporation Documents and the Board Documents, in substantially the same form as the drafts submitted on the date hereof to the Underwriter and as described in the Official Statement, shall have been duly authorized, executed, and delivered by the respective parties thereto and shall be in full force and effect and shall not have been amended, modified, or supplemented, except as may have been agreed to in writing by the Underwriter; (ii) such parties shall have duly adopted and there shall be in full force and effect all resolutions of such parties as in the opinion of Bond Counsel shall be necessary and appropriate in connection therewith; and (iii) the proceeds of the sale of Bonds shall be deposited and applied as described in the Official Statement; B. By the Closing Date, letters shall be delivered evidencing that the Bonds are rated "AAA" by Standard & Poor's Corporation and "Aaa" by Moody's Investors Service, which ratings shall be in full force and effect and shall not have been withdrawn or downgraded for any reason; C. On the Closing Date the Underwriter shall receive: -13- 1. The executed opinions of Counsel described in Section 4 hereof; 2. A certificate or certificates, satisfactory in form and substance to Bond Counsel and counsel to the Underwriter, of an authorized officer of the Issuer dated the Closing Date to the effect that: a. Each of the representations and warranties of the Issuer set forth in Section 1 hereof is true, accurate, and complete in all material respects as of the Closing Date, and each of the agreements of the Issuer set forth in this Bond Purchase Agreement to be complied with at or prior to the Closing Date has been complied with as of such date; b. To her knowledge, no litigation is pending or threatened to restrain or enjoin the issuance, execution, sale, or delivery of the Bonds or in any way contest or affect any authority for or the validity of the Bonds, the Trust Indenture, the Lease, the Ground Lease or this Bond Purchase Agreement or the creation, existence or powers of the Issuer or the title of the present officers of the Issuer to their respective offices or the right of the Issuer to engage in any of the transactions described in this Bond Purchase Agreement, and that none of the proceedings or authority for the issuance of the Bonds has been repealed, revoked or rescinded; and c. The Bonds have been duly authorized, executed, and delivered by the Issuer, constitute valid and legally binding limited obligations of the Issuer, and are entitled to the security of and are secured by the Trust Indenture which, together with the Lease and the Ground Lease, has been duly authorized, executed, and delivered by the Issuer; 3. A certificate or certificates, satisfactory in form and substance to Bond Counsel and counsel to the Underwriter, of the Chief Executive Officer and Chief Financial Officer of the -14- Corporation and the duly authorized officers of the Board, respectively, dated the Closing Date to the effect that: a. Each of the respective representations and warranties of the Corporation or the Board, as the case may be, set forth in Section 2 or Section 3 hereof, as the case may be, is true, accurate, and complete in all material respects at and as of the Closing Date, and the Corporation or the Board, as the case may be, has complied with all of the agreements and satisfied all the conditions on its part to be performed or satisfied at or prior to the Closing Date; and b. Since December 31, 1991, there has not been any material and adverse change in the properties, financial position, or results of operations of the Corporation; 4. The executed and authenticated Bonds, executed originals of the Board Documents and the Corporation Documents, ten copies of the Final Official Statement executed by duly authorized officers of the Issuer and the Corporation or the Board, as the case may be, and certified copies of the resolutions of the Issuer authorizing the issuance, sale, and delivery of the Bonds and the execution and delivery of this Bond Purchase Agreement, the Indemnity Letter, the Lease, the Ground Lease, the Sublease and the Trust Indenture; 5. Certified copies of the resolutions adopted by the Corporation and the Board authorizing the execution and delivery of the Corporation Documents or the Board Documents, as the case may be, authorizing the approval of the Trust Indenture and the authorization, sale, and issuance of the Bonds by the Issuer, and approving the Official Statement and the execution thereof by the Corporation or the Board, as the case may be; 6. The original Bond Insurance Policy in form and substance satisfactory to the Underwriter and its counsel; -15- 7. Articles of Incorporation of the Corporation, certified by the Secretary of State, a Good Standing Certificate of the Corporation from the Secretary of State of recent date, and a copy of the determination letter for the Corporation evidencing it to be an organization described in Section 501(c) (3) of the Code; 8. A copy of the current license for the operation of the Hospital Facilities; 9. A certificate dated the Closing Date, of a duly authorized officer of the Issuer who is charged, either alone or with others, with responsibility for issuing the Bonds, setting forth the reasonable expectations of the Issuer, and the basis therefor, as to future events regarding the Bonds and the use of the proceeds thereof, sufficient to enable Bond Counsel to determine that the Bonds will not be "arbitrage bonds" under the Code; 10. A certificate in form and substance satisfactory to the Underwriter and its counsel, dated the Closing Date, of the Insurer and signed by an authorized officer of the Insurer, to the effect that there has not been any material adverse change in the financial position or results of operations of the Insurer since December 31, 1991, and to the effect that the statements contained in the Official Statement regarding the Insurer are true and correct in all material respects and otherwise demonstrating compliance with Rule 15c(2)-12; 11. A letter, dated the Closing Date, from the independent auditors of the Corporation confirming as of the Closing Date the statements made in their letter furnished pursuant to the first paragraph of this Section 5 and consenting to reference to them in the Official Statement; 12. The escrow verification report of Deloitte & Touche; 13. An opinion or opinions of counsel acceptable to the Underwriter to the effect that the Issuer and the Board each constitute an "enterprise" as defined in Article X, Section 20, of the Constitution of the State of Colorado; -16- 14. Evidence that the Corporation is in compliance with the insurance requirements of the Lease and the Sublease; 15. Certified copies of the resolutions adopted by the County approving the issuance of the Bonds and the memorandum of understanding to be entered into among the Corporation, the County and the Board relating to the restructuring of their relationship to provide that under certain circumstances, the Center will become the sole borrower for the purpose of paying the Bonds; 16. A policy of title insurance and a survey meeting the requirements of the Lease relating to the Hospital Facilities in form and substance satisfactory to the Underwriter and its counsel; and 17. Such additional certificates, instruments, and other documents, dated as of the Closing Date, as the Underwriter, counsel to the Underwriter, and Bond Counsel reasonably require to evidence the truth and accuracy as of the Closing Date of the representations and warranties of the Issuer and the Corporation herein contained and the due performance and satisfaction by the Issuer and the Corporation at or prior to• such time of all agreements to be performed and all conditions then to be satisfied by either of them. D. Between the date hereof and the Closing Date, the market price or marketability, at the initial offering prices set forth in the Final Official Statement, of the Bonds shall not have been materially adversely affected, in the judgment of the Underwriter (evidenced by a written notice to the Issuer, with a copy to the Corporation and the Board, terminating the obligation of the Underwriter to accept delivery of and pay for the Bonds) , by reason of any of the following: 1. Legislation shall have been enacted by the Congress of the United States or the Legislature of the State of Colorado or shall have been reported out of committee of either body or be pending in a committee of either body, or shall have been recommended to the Congress of the United States or otherwise endorsed for passage (by press release, other form of notice or otherwise) by the President of the United -17- ne710, States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or legislation shall have been proposed for consideration by either such Committee or by the staff of the Joint Committee on Taxation of the Congress of the United States, or legislation shall have been favorably reported for passage to either Rouse of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or a decision shall have been rendered by a court of the United States or of the State of Colorado or the United States Tax Court, or a ruling shall have been made or a regulation or temporary regulation shall have been made or a regulation or temporary regulation shall have been proposed or made or any other release or announcement shall have been made by the Treasury Department of the United States, the Internal Revenue Service, or other governmental agency, with respect to Federal or State of Colorado taxation upon revenues or other income of the general character to be derived by the Issuer, the Board, the Corporation or the Trustee, or upon interest received on obligations of the general character of the Bonds by the holders of the Bonds, which in the reasonable judgment of the Underwriter, materially adversely affects the market for the Bonds; or 2. Legislation shall be introduced, by amendment or otherwise, in, or be enacted by, the House of Representatives or the Senate of the Congress of the United States, or a decision by a court of the United States shall be rendered, or a stop order, ruling, regulation (final, temporary or proposed) , or official statement by, or on behalf of, the Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter shall be made, issued, or proposed, to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the Bonds, including any or all underlying obligations such as the Bond Insurance Policy, -18- •..I ll�S .' Y as described herein, or by the Official statement, is or would be in violation of any provision of the Securities :Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as then in effect, or with the purpose or effect of otherwise prohibiting the issuance, offering, or sale of obligations of the general character of the Bonds, or the Bonds, including any or all underlying obligations such as the Bond Insurance Policy, or by the Official Statement; 3. The declaration of war or engagement in major military hostilities by the United States or the occurrence of any other national emergency or calamity relating to the effective operation of the government or of the financial community in the United States, which, in the reasonable judgment of the Underwriter, materially adversely affects the market price or marketability of the Bonds; 4. The declaration of a general banking moratorium by Federal, New York, or Colorado authorities, or the general suspension of trading on any national securities exchange, which, in the reasonable judgment of the Underwriter, materially adversely affects the market price or marketability of the Bonds; 5. The imposition by the New Yorke Stock Exchange or other national securities exchange, or any governmental authority, of any material restrictions not now in force with respect to the Bonds or obligations of the general character of the Bonds or securities generally, or the material increase of any such restrictions now in force, including those relating to the extension of credit by, or the charge to the net capital requirements of, underwriters; 6. The withdrawal or downgrading of the ratings of the Series 1985 Bonds or the Series 1990 Bonds by Standard & Poor's Corporation or Moody's Investors Service; -19- 1•1111,1 ", ,c, 7. The President of the United States, the Office of Management and Budget, the Department of Health and Human Services or any other governmental body, department, or agency of the United States shall take or propose to take any action or implement or propose regulations, rules, or legislation which, in the reasonable judgment of the Underwriter, materially adversely affects the market price of the Bonds or causes the Official Statement to be misleading in any material respect, which, in the reasonable judgment of the Underwriter, materially adversely affects the market price or marketability of the Bonds; 8. Any executive order shall be announced, or any constitutional amendment, legislation, ordinance, rule, or regulation shall be proposed by or introduced in, or be enacted by any governmental body, department, or agency of the United States or in the State of Colorado, or interrogatories proposed to the Supreme Court of the State of Colorado or a decision by any court of competent jurisdiction within the United States or within the State of Colorado shall be rendered which, in the reasonable judgment of the Underwriter, materially adversely affects the market price of the Bonds or causes the Official Statement to be misleading in any material respect, which, in the reasonable judgment of the Underwriter, materially adversely affects the market price or marketability of the Bonds; 9. A default shall have occurred with respect to the obligations of, or proceedings have been instituted under the Federal bankruptcy laws or any similar state laws by or against, any state of the United States or any city located in the United States having a population in excess of one million persons or any entity issuing obligations on behalf of such a city or state, which, in the reasonable judgment of the Underwriter, materially adversely affects the market price or marketability of the Bonds; 10. There shall be a material adverse change in the financial position of the Insurer which, in the reasonable judgment of the Underwriter, -20_ n-ae. , materially adversely affects the market price or marketability of the Bonds; and 11. Any event occurring, or information becoming known, which, in the reasonable judgment of the Underwriter, makes untrue in any material respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Issuer, the Board or the Corporation shall be unable to satisfy the conditions to the Underwriter's obligations contained in this Bond Purchase Agreement, this Bond Purchase Agreement shall terminate and neither the Underwriter nor the Issuer shall have any further obligation hereunder. SECTION 7. Conditions of Obligations of the Issuer. The obligations of the Issuer hereunder are subject to the Underwriter's, the Board's and Corporation's performance of their several obligations hereunder. SECTJON $. Repregenta „ions and Agreements to Survive Delivery. All representations and agreements of the Issuer, the Board and the Corporation shall remain operative and in full force and effect, regardless of any investigations made by or on the Underwriter's behalf, and shall survive delivery of the Bonds to the Underwriter. SECTION 9. Payment of E genses. All expenses and costs to effect the authorization, preparation, issuance, delivery, and sale of the Bonds (including, without limitation, the fees and disbursements of Kutak Rock, Bond Counsel, the fees and disbursements of Arthur P. Roy, Esq. as counsel to the Corporation, the fees and expenses of counsel to the County, the fees and disbursements of Holme Roberts & Owen, as counsel to the Underwriter with respect to the preparation of the Blue Sky Memorandum, the Issuer's fee, Trustee's fees, recording, the cost of obtaining ratings for the Bonds, the fees, costs and expenses of the Insurer and counsel to the Insurer, the fees, costs and -21- ri7n a A ✓csV expenses of the Corporation's auditors, and other experts, the cost of transportation and lodging for officials of the Issuer, the Board and the Corporation in connection with attending meetings and the Closing, the cost of preparation and publication of any advertisements prior to the public offering of the Bonds, and the fees, expenses, and costs for the preparation, printing, photocopying, execution, and delivery of the Bonds, the Official Statement, the Trust Indenture, the Board Documents, and all other agreements and documents described herein) shall be paid by the Corporation. S CTION 10. Use 0$ Official Statement. The Issuer and the Corporation hereby ratify and confirm the Underwriter's authority for the use of the Official Statement by the Underwriter in connection with the sale of the Bonds. SECTION 11. Notices. Any notice or other communication to be given to the Issuer under this Agreement may be given by mailing or delivering the same in writing to the Colorado Health Facilities Authority, 3033 East First Avenue, Suite 301, Denver, Colorado 80206, Attention: Ms. Corinne M. Johnson; any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to PaineWebber Incorporated, 1285 Avenue of the Americas, New York, New York 10019, Attention: Municipal Finance Department; any notice or other communication to be given to the Corporation and the Board under this Bond Purchase Agreement may be given by delivering the same in writing to North Colorado Medical Center, Inc. , 1801 - 16th Street, Greeley, Colorado 80631, Attention: Dale Weyerts. SECTIQN 12. APAlicabl=_l.aw: Nonassianability. This Agreement shall be governed by the laws of the State of Colorado. This Agreement shall not be assigned by the Issuer, the Board, the Corporation, or the Underwriter. -22- non#.s."J SECTION 1$. Execution_of Counte paxts_ This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. COLORADO HEALTH FACILITIES AUTHORITY By: Executive Director PAINEWEBBER INCORPORATED as the Underwriter By: Vice President ACCEPTED AND CONFIRMED AS OF THIS DAY OF 1993. NORTH COLORADO MEDICAL CENTER, INC. By: Title: BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER By: Title: -23- hQ,e as Bonds/CrN1q/AB> •'J�•,d EXHIBIT 'A' TO BOND PURCHASE AGREEMENT COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER) SERIES 1993 Colorado Health Facilities Authority r, 1993 3033 East First Avenue, #301 Denver, Colorado 80206 PaineWebber Incorporated 1285 Avenue of the Americas New York, New York 10019 Attention: Municipal. Finance Department Ladies and Gentlemen: This Indemnity Letter is being executed by the undersigned duly authorized officer of North Colorado Medical Center, Inc. , a Colorado nonprofit corporation (the 'Corporation") , and the Board of Trustees for North Colorado Medical Center, a body corporate created and appointed by the Board of County Commissioners of Weld County (the 'Board') , in accordance with Section 6 of the Bond Purchase Agreement of even date herewith (the 'Bond Purchase Agreement') among the Colorado Health Facilities Authority (the 'Issuer') , the Corporation, the Board, and PaineWebber Incorporated (the 'Underwriter') in order to induce the Underwriter to enter into the Bond Purchase Agreement relating to the purchase by the Underwriter and the sale by the Issuer of the above captioned issue of bonds (the 'Bonds') . The capitalized words not defined herein shall have the meanings assigned thereto in the Bond Purchase Agreement. The Corporation and the Board, by execution of this Indemnity Letter, respectively agree that the representations, warranties, covenants and agreements made by the Corporation in Section 2 and by the Board in Section 3 of the Bond Purchase Agreement are hereby incorporated by reference herein in their entirety. 1. The Corporation and the Board agree to indemnify and hold harmless the Underwriter, any officer or employee of the Underwriter, and each person, if any, who controls the Underwriter within the meaning of Section 15 of the Securities Act of 1933, as amended, and each and all and any of them, from and against any and all losses, claims, damages or liabilities, and (except as otherwise provided in Paragraph 4 below) to A-1 reimburse the Underwriter, any officer or employee of the Underwriter and each such controlling person, if any, for any legal or other expenses reasonably incurred by them in defending any action, to the extent that such losses, claims, damages, liabilities or actions were caused by or based upon any untrue statement or alleged untrue statement of a material fact relating to and supplied by the Corporation or the Board and any director, trustee, member, officer, attorney or employee of the Corporation or the Board, and contained in the Official Statement or any amendment or supplement thereto or the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading as the same relates to the Corporation or the Board. 2. The Corporation and the Board agree to indemnify and hold harmless the Issuer and any current, future or past director, trustee, member, officer, attorney or employee thereof from and against any and all losses, claims, damages or liabilities, if any, and (except as otherwise provided in paragraph 4 below) to reimburse the Issuer and any current, future or past director, trustee, member, officer or employee thereof from and against any and all losses, claims, damages, or liabilities, if any, and (except as otherwise provided in paragraph 4 below) to reimburse the Issuer and any current, future or past director, trustee, member, officer or employee thereof for any legal or other expenses reasonably incurred by it in defending any action, to the extent that such losses, claims, damages, liabilities or actions were caused by or based upon any untrue statement or alleged untrue statement of a material fact contained in the Official Statement or any amendment or supplement thereto or the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading. 3. The Underwriter agrees to indemnify and hold harmless the Issuer and each current, future or past member, director, officer, agent or employee of the Issuer and each person, if any, who controls the Issuer within the meaning of the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, against any and all losses, claims, damages or liabilities arising out of or based upon any allegation that (i) any of the information in or in connection with the Official Statement contained under the caption "UNDERWRITING" or with respect to the maturities, interest rates and prices of the Bonds listed on the cover page of the Official Statement contains an untrue statement of a material fact or omits to state any material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, (ii) any statement, representation or information made or supplied by the Underwriter A-2 efltLe • ..r in connection with the offer or sale of the Bonds other than pursuant to the Official Statement includes any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, or (iii) for the failure of the Underwriter to comply with any registration or qualification requirement applicable to the Underwriter or the Bonds under any securities or "Blue Sky" law of any jurisdiction, in which such registration or qualification is required or any failure by the Underwriter to deliver the Official Statement to purchasers of the Board in accordance with Rule 15c-12 under the Securities Exchange Act of 1934, as amended. 4. In case any action shall be brought against a party indemnified pursuant to the provisions of Paragraph 1, 2, or 3 above (the "Indemnified Party or Parties") , in respect of which a party is required to give such indemnification (the "Indemnifying Party") pursuant to the provisions of Paragraph 1, 2, or 3, the Indemnified Party or Parties shall promptly notify the Indemnifying Party in writing and the Indemnifying Party shall assume the defense thereof, including the employment of counsel acceptable to such Indemnified Party or Parties in any such action, which may, in the discretion of the Indemnified Parties, be separate counsel from counsel to the Indemnifying Party, and participate in the defense thereof, and the fees and expenses of such counsel shall be at the expense of such Indemnified Party or Parties. The Indemnifying Party shall not be liable for any settlement of any such action effected without its consent, but if settled with the consent of the Indemnifying Party, or if there be a final judgment for the plaintiff in any such action and subject to the limitations set forth in Paragraph 1, 2, or 3, the Indemnifying Party agrees to indemnify and hold harmless the Indemnified Party or Parties from and against any loss or liability by reason of such settlement or judgment. 5. No person other than the Indemnified Parties and their respective successors and assigns shall have any rights under or by virtue of this Indemnity Letter. The terms "successors" and "assigns" shall not include any purchaser of Bonds from the Underwriter merely because of such purchase. 6. The representations, warranties, covenants, and indemnities contained in this Indemnity Letter shall survive any termination of the Bond Purchase Agreement, the Closing Date under the Bond Purchase Agreement, the resale by the Underwriter of the Bonds and any investigation made by or on behalf of the Issuer, the Corporation, or the Underwriter of any matters described in or related to the transactions contemplated by this Indemnity Letter, the Bond Purchase Agreement, the Official A-3 Statement, and other instruments and documents contemplated thereby. 7. By the execution hereof, all parties agree that, for the payment of any claim or the performance of any obligation hereunder, resort shall be had solely to the assets of the Corporation or the Board and no director, trustee, member, officer, or employee of the Corporation or the Board shall be personally liable therefor. 8. This Indemnity Letter shall be governed by, and construed in accordance with, the laws of the State of Colorado. This Indemnity Letter may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same agreement. Very truly yours, NORTH COLORADO MEDICAL CENTER, INC. BY: TITLE: BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER BY: TITLE: AGREED TO AND ACCEPTED AS OF THE DATE FIRST WRITTEN ABOVE: COLORADO HEALTH FACILITIES AUTHORITY BY: Executive Director A-4 PAINEWEBBER INCORPORATED, as the Underwriter BY: vice President A-5 Sonde/Greeley/A87 n�O{ I ty w Y EXHIBIT "B" TO BOND PURCHASE AGREEMENT (FORM OF OPINION OF KUTAK ROCK & CAMPBELL AS BOND COUNSEL) (to be supplied by Bond Counsel) B-1 ^20. . EXHIBIT "C' TO BOND PURCHASE AGREEMENT (FORM OF SUPPLEMENTAL OPINION OF KUTAK ROCK) (LETTERHEAD OF KUTAK ROCK) (Closing Date) , 1993 Municipal Bond Investors Assurance Corporation 113 King Street Armonk, NY 10504 PaineWebber Incorporated 1285 Avenue of the Americas New York, NY 10019 Ladies and Gentlemen: We have acted as bond counsel to the Colorado Health Facilities Authority (the 'Authority") in connection with the purchase by PaineWebber Incorporated (the "Underwriter') in accordance with the Bond Purchase Agreement, dated February _, 1993, (the "Bond Purchase Agreement") , between the Underwriter and the Authority, accepted and confirmed by North Colorado Medical Center, Inc. , a Colorado nonprofit corporation (the "Corporation") , and the Board of Trustees for North Colorado Medical Center, a body corporate created and appointed by the Board of County Commissioners of Weld County (the "Hospital") , on this date of the Colorado Health Facilities Authority Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 in the aggregate principal amount of S (the 'Series 1993 Bonds") , issued pursuant to a Trust Indenture, dated as of December 1, 1985, between the Authority and Norwest Bank Denver, National Association, formerly known as United Bank of Denver National Association and Intrawest Bank of Greeley, N.A. , as trustee (the "Trustee") , as amended and supplemented by the First Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee, the Second Supplemental Trust Indenture, dated as of November 1, 1990, between the Authority and the Trustee and a Third Supplemental Trust C-1 / ^yi' " a Indenture, dated as of January 15, 1993, between the Authority and the Trustee (collectively, the "Indenture") and in accordance with a resolution adopted by the Board of Directors (the "Board") of the Authority on February _, 1993 (the 'Resolution") . In that capacity, we have examined the following: (i) The proceedings of the Board authorizing among other things, the following: (a) Adoption of the Resolution, execution and delivery of the Indenture, and issuance and delivery of the Series 1993 Bonds pursuant to the Resolution and the Indenture; (b) Execution and delivery of the Lease, dated as of December 1, 1985, between the Authority and the Hospital and accepted and approved by Weld County, Colorado (the "County") , as amended and supplemented by an Agreement, dated April 27, 1988 (the "Agreement") , among the Authority, the Trustee, the Hospital, the Corporation and the County, the First Supplemental Lease, dated November 1, 1990, between the Authority and the Hospital and accepted and approved by the County, the Second Supplemental Lease, dated November 1, 1990 between the Authority and the Hospital and accepted and approved by the County and the Third Supplemental Lease, dated as of January 15, 1993, between the Authority and the Hospital and accepted and approved by the County (collectively, the "Lease") ; and (c) Execution and delivery of the Ground Lease, dated as of December 1, 1985, between the County and the Authority, as amended and supplemented by the Agreement and the First Supplemental Ground Lease, dated as of November 1, 1990, between the County and the Authority (collectively, the "Ground Lease") ; (ii) An executed copy of the Indenture; C-2 n n`",•'.an (iii) An executed copy of the Lease; (iv) An executed copy of the Official Statement with respect to the Series 1993 Bonds, dated February , 1993, executed by the Authority, the Hospital and the Corporation (the 'Official Statement") ; (v) An executed copy of the Ground Lease; (vi) A copy of the Resolution certified by the Executive Director of the Authority; (vii) Such other agreements, documents, certificates, financing statements, opinions, letters, and other papers, including all documents delivered or distributed at the closing of the sale of the Series 1993 Bonds, as we have deemed necessary or appropriate in rendering the opinions set forth below; and (viii) The Colorado Health Facilities Authority Act, constituting Article 25, Title 25 of the Colorado Revised Statutes (the 'Enabling Act") ; and such other provisions of the Constitution and laws of the United States of America and the State of Colorado as we believe necessary to enable us to render the opinions set forth below. In our examination, we have assumed the authenticity of all documents submitted to us as originals, the conformity to original copies of all documents submitted to us as certified or photostatic copies, the authenticity of the originals of such latter documents, and the accuracy of the statements contained in such certificates. Based upon the foregoing, and subject to the qualifications and exceptions hereinafter set forth, we are of the opinion that under applicable laws of the United States of America and the State of Colorado in force and effect on the date hereof: 1. The Authority is an independent public body politic and corporate constituting a public instrumentality of the State of Colorado. 2. The Resolution has been adopted by the Authority, and is in full force and effect. 3. All requirements contained in the Indenture relating to the issuance of Additional Bonds, as defined in the Indenture, have been complied with as they related to the issuance of the Series 1993 Bonds, and all other conditions precedent provided for in the Indenture relating to the authentication and delivery of the Series 1993 Bonds have been complied with or have been waived. 4. The offer and sale of the Series 1993 Bonds are exempt from registration under Section 3(a) (2) of the Securities Act of 1933, as amended and now in effect, and the Indenture does not need to be qualified under the Trust Indenture Act of 1939, as amended and now in effect; provided, however, we express no opinion with respect to the registration or qualification of the Bond Insurance Policy (as defined in the Indenture) , as defined in the Indenture under the federal or state securities laws. 5. The information concerning the Hospital Documents (as defined in the Bond Purchase Agreement) , the Corporation Documents (as defined in the Bond Purchase Agreement) , the Indenture and the Series 1993 Bonds contained in the Official Statement under the captions "THE BONDS," 'TAX EXEMPTION," "LEGAL MATTERS," and "Certain Definitions and Summary of Certain Provisions of the Indenture, the Lease, the Ground Lease and the Operating Sublease" in Appendix C insofar as such statements constitute summaries of various documents in connection with the issuance of the Series 1993 Bonds, conform to the provisions of the documents purported to be summarized, and constitute fair summaries of opinions we have rendered in connection with the Series 1993 Bonds, but no further opinion is expressed with respect to the accuracy, completeness or sufficiency of the Official Statement. We express no opinion with respect to the adequacy or sufficiency of the security for the Series 1993 Bonds. The opinions expressed herein may be relied on only by the addresses hereof or anyone to whom specific permission to rely on such opinions is given in writing. You are also authorized to rely on our approving opinion with respect to the Series 1993 Bonds, a copy of which is attached hereto, as if the same were addressed to you. We consent to references to us in the Official Statement as Bond Counsel. We are passing only upon those matters set forth in this opinion. Very truly yours, ni C-4 n v Bonds/Greeley/AB7 EXHIBIT "D" TO BOND PURCHASE AGREEMENT (FORM OF OPINION OF POWERS, PHILLIPS & HOPFENBECX, P.C.) (LETTERHEAD OF POWERS, PHILLIPS & HOPFENBECIC, P.C.) (Closing Date) 1993 Colorado Health Facilities PaineWebber Incorporated Authority 1285 Avenue of the Americas 3033 East First Avenue, New York, New York 10019 Suite 301 Denver, Colorado 80206 S COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER) Ladies/Gentlemen: We refer to the authorization by the Colorado Health Facilities Authority (the 'Authority') of $ aggregate principal amount of its Hospital Revenue Bonds (North Colorado Medical Center Project) Series 1993 (Collectively, the "Bonds") . The Bonds are being purchased on this date from the Authority by PaineWebber Incorporated (the "Underwriter") pursuant to a Bond Purchase Agreement between the Authority and the Underwriter dated January _, 1993 (the "Purchase Agreement") . Terms defined in the Purchase Agreement and not defined herein are used in this letter with the meanings assigned to them in the Purchase Agreement. The Bonds are being issued pursuant to a Trust Indenture dated as of December 1, 1985, as supplemented by the First Supplemental Trust Indenture, the Second Supplemental Trust Indenture, each dated as of November 1, 1990, and the Third Supplemental Trust Indenture, dated as of January 15, 1993 (collectively, the "Indenture") , from the Authority to Norwest Bank Denver, National Association, formerly known as United Bank of Denver National Association, successor in trust to Intrawest Bank of Greeley, N.A. , as trustee (the "Trustee") , for the purpose of providing funds to be loaned to D-1 !yip "� Board of Trustees pursuant a to lease agreement with the Health Institution. As counsel for the Authority, we are delivering this letter in accordance with Section 6(c) (1) of the Purchase Agreement. For purposes of this letter, we have examined the following: (a) the Indenture; (b) the Ground Lease, dated as of December 1, 1985, as supplemented by the First Supplemental Ground Lease dated as of November 1, 1990 and the Second Supplemental Ground Lease dated as of January 15, 1993 (collectively, the "Ground Lease") ; (c) the Lease dated as of December 1, 1985, as supplemented by the First Supplemental Lease Agreement, the Second Supplemental Lease Agreement, each dated November 1, 1990 and the Third Supplemental Lease Agreement dated as of January 15, 1993 (collectively, the "Agreement") entered into between the Authority and the Health Institution; (d) the Purchase Agreement; (e) the Preliminary Official Statement dated , 1993, and the Official Statement dated , 1993, (collectively, the "Offic atatement") pursuant to which the Bonds were offered and sold to the public; (f) the Escrow Agreement dated as of January 15, 1993, between the Authority, the Trustee as escrow agent, the Health Institution and the Board of Trustees for North Colorado Medical Center (the "Escrow Agreement") ; and (g) such additional documents as we have considered relevant to the opinions expressed in this letter. Based on our examination, it is our opinion that: 1. The resolution authorizing the foregoing transactions which was prepared by Kutak Rock, Bond Counsel to the Authority, was duly adopted by the Authority on , 1993 and, since its adoption, that resolution has not been rescinded or modified in any respect. n^ -P .T D-2 ,,. � 2. The Agreement, the Ground Lease, the Escrow Agreement and the Purchase Agreement have been duly executed and delivered on behalf of the Authority and, assuming due authorization, execution and delivery thereof by the other parties thereto, constitute legal, valid and binding obligations of the Authority enforceable in accordance with their respective terms, subject as to enforceability, to general principles of equity and applicable bankruptcy, moratorium, insolvency or similar laws affecting the rights of creditors generally and against governmental corporations such as the Authority from time to time in effect. 3. The Indenture has been duly executed and delivered on behalf of the Authority. 4. The use of the Official Statement has been approved by, and the Official Statement has been duly executed and delivered on behalf of, the Authority. The statements describing the Authority contained in the Official Statement under the headings entitled "THE ISSUER' and "LITIGATION--The Issuer" are true and correct in all material respects, and do not contain an untrue statement of a material fact or omit to state a material fact that should be included therein or is necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. We express no opinion or belief with respect to any other information contained or not contained in the Official Statement, including, but not limited to, information regarding the Health Institution, the State of Colorado, the Underwriter, the Insurer, or the opinions with respect to the tax-exemption of interest on the Bonds. 5. The participation by the Authority in the transactions contemplated by the Indenture, the Purchase Agreement, the Ground Lease, the Escrow Agreement and the Agreement and the performance by the Authority of its obligations with respect to such transactions will not conflict with, or constitute on the part of the Authority either a breach of, or a default under, any existing statute, administrative regulation, decree or order applicable to the Authority, or any agreement to which the Authority or its assets is subject and of which we have knowledge; provided, however, that, with the exception of paragraph 4 above, we express no opinion with respect to compliance with federal or state securities laws. 6. To the best of our knowledge, there is not now pending or threatened any litigation, arbitration or administrative proceeding restraining, enjoining or seeking to restrain or enjoin the issuance or delivery of the Bonds or D-3 questioning the validity of the federal or state tax-exempt status of the interest on the Bonds or the proceedings or authority under which they are to be issued, and there is not any litigation pending or threatened that in any manner questions the right of the Authority to enter into the Indenture, the Ground Lease, the Escrow Agreement, the Agreement or the Purchase Agreement or the right of the Authority to secure the Bonds in the manner contemplated by such documents. We express no opinion as to laws other than the laws of the State of Colorado and the laws of the United States of America. This letter is furnished to the addressees in our capacity as counsel to the Authority solely for the benefit of the addressees in connection with the transaction contemplated hereunder and is not to be relied upon by others, except that this opinion may be relied upon by Kutak Rock, as Bond Counsel. No statements from or portions of this letter may be used or quoted by the addressees without the written consent of the undersigned. We consent to references to us as counsel to the Authority contained in the Official Statement. Our engagement with respect to this matter terminates upon the date of this letter, and we undertake no obligation with respect to this matter after the date of this letter. Sincerely, POWERS, PHILLIPS & HOPFENBECK, P.C. 0-4 In�} .cl nona.IG:..),.yr,07 .. ._ • EXHIBIT "E" TO BOND PURCHASE AGREEMENT (FORM OF OPINION OF ARTHUR P. ROY, ESQ. AS COUNSEL TO THE CORPORATION) (LETTERHEAD OF ARTHUR P. ROY) (Closing Date) , 1993 Colorado Health Facilities Authority 3033 East First Avenue, #301 Denver, Colorado 80206 PaineWebber Incorporated 1285 Avenue of the Americas New York, New York 10019 Colorado Health Facilities Authority Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 Ladies and Gentlemen: I have acted as counsel to North Colorado Medical Center, Inc. (the "Corporation') in connection with the purchase on this day by PaineWebber Incorporated (the "Underwriter") of $ aggregate principal amount of Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 (the "Bonds") of the Colorado Health Facilities Authority (the "Issuer") pursuant to the Bond Purchase Agreement dated , 1993, between the Underwriter and the Issuer and accepted and confirmed by the Corporation and the Board of Trustees for North Colorado Medical Center (the "Board") . For the purpose of this opinion, in my capacity as counsel to the Corporation: I have examined copies of the following: (a) the Articles of Incorporation, as amended (herein the "Articles of Incorporation") , and Bylaws of the E-1 ^2'.0`. Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 2 Corporation and various Resolutions adopted by its Board of Directors relating to the issuance of the Bonds; (b) Part 3, Article 3 of Title 25, Colorado Revised Statutes (the "Act") ; (c) the Indenture of Trust dated as of December 1, 1985, as supplemented by the First Supplemental Trust Indenture, the Second Supplemental Trust Indenture, each dated as of November 1, 1990, and the Third Supplemental Trust Indenture, dated as of January 15, 1993 (collectively, the ^Trust Indenture") , by and between the Issuer and the Trustee (the "Trustee") named therein; (d) the Escrow Agreement (the "Escrow Agreement") dated as of January 15, 1993 between the Authority, the Trustee as escrow agent, the Health Institution and the Board of Trustees for North Colorado Medical Center (the "Board") . (e) the Ground Lease dated as of December 1, 1985, as supplemented by the First Supplemental Ground Lease dated as of November 1, 1990, between Weld County, Colorado, and the Issuer and the Second Supplemental Ground Lease dated as of January 15, 1993 (collectively, the "Ground Lease") ; (f) the Lease dated as of December 1, 1985 between the Issuer and the Board, as supplemented by the First Supplemental Lease, the Second Supplemental Lease, each dated as of November 1, 1990, and the Third Supplemental Lease Agreement dated as of January 15, 1993 (collectively, the "Lease") ; (g) the Third Amended and Restated Operating Sublease dated as of November 1, 1990, between the Board and the Corporation (the "Operating Sublease") ; (h) the Preliminary Official Statement dated , 1993, and the Appendices thereto and the final Official Statement dated , 1993, and the Appendices thereto (collectively the "Official Statement") used in connection with the sale of the Bonds; (i) the executed Bond Purchase Agreement dated , 1993, and Indemnity Letter dated 1993, and attached thereto as Exhibit A (collectively, the "Bond Purchase Agreement") among the Underwriter, the Issuer, the Corporation and the Board; E-2 I' tik.^ " or% , Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 3 (j) the Tax Regulatory Agreement dated as of January 15, 1993 among the Issuer, the Board, the Corporation and the Trustee (the "Tax Regulatory Agreement") ; (k) certain certificates of public officials, officers and administrators of the Corporation and certified copies of certain corporate documents and records of the Corporation which I have deemed necessary or appropriate in rendering the opinion set forth below; and (1) such other statutes, agreements, documents, certificates, opinions, letters and other papers, including all documents delivered or distributed at the closing of the sale of the Bonds, as I have deemed necessary or appropriate in rendering the opinions set forth below. The Operating Sublease, the Escrow Agreement, the Tax Regulatory Agreement and the Bond Purchase Agreement are collectively referred to herein as the "Corporation Documents." For purposes of this opinion, I have relied in all instances upon such certificates of public officials, officers and administrators of the Corporation with respect to the accuracy of material factual matters and statements contained therein. In my factual examination I have assumed the authenticity of all documents submitted to me as originals, the conformity to original copies of all documents submitted to me as certified or photostatic copies, the authenticity of the originals of such latter documents, and the accuracy of the statements contained in such certificates. Based upon the foregoing, and upon my examination of such other information and documents, and upon such questions of law as I believe necessary to enable me to render this opinion, and subject to the qualifications and exceptions hereinafter set forth, I am of the opinion that under the applicable laws of the United States of America and the State of Colorado in force and effect on the date hereof: (1) The Corporation is a nonprofit corporation duly incorporated, validly existing and in good standing under the laws of the State of Colorado with corporate powers and authority to (i) own its own property and conduct its business as presently being conducted and as described in the Official Statement; (ii) to execute and deliver the Corporation Documents and to execute the Official Statement; and (iii) to carry out and to consummate the transactions to be consummated on its part as described in the Corporation Documents and the Official Statement. E-3 S2.3O-9. Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 4 (2) The Corporation has been granted tax-exempt status as an organization of the type presently described in Section 501(c) (3) of the Internal Revenue Code of 1986, as amended (the "Code") , and is exempt from federal income taxation under Section 501(a) of the Code, with the exception of taxation of any income deemed to be unrelated business taxable income and with the exception of any amounts deemed taxable by virtue of Section 527(f) of the Code, which taxable amounts, if any, are not material in relation to the Corporation's income exempt from taxation under Section 501(a) of the Code. In addition, any unrelated business taxable income is not derived or expected to be derived from property acquired with the proceeds of the Bonds. To the best of my knowledge, after having made due inquiry with respect thereto, including, but not limited to, review of the Corporation's investments in Centennial Magnetic Imaging, Inc. and Normedco Services, Inc. and the other operations of the Corporation, (i) the status of the Corporation as an exempt organization described in Section 501(c) (3) of the Code has not been revoked or modified and is still in effect; (ii) the Corporation is in compliance with the provisions of the Code and any applicable regulations thereunder necessary to maintain such status, and is not acting in a manner inconsistent with its application for 501(c) (3) status under the Code; (iii) the Corporation is organized and operated exclusively for charitable purposes; and (iv) the Corporation is organized and operated such that no part of the net earnings of the Corporation will inure to the benefit of any private shareholder or individual. Except as disclosed in the Official Statement, to the best of my knowledge, no legislation, rule, or regulation has been enacted or favorably reported for passage by any governmental body, department,or agency of the United States of America, or any decision rendered by any court of competent jurisdiction of the United States of America, which could adversely affect the Corporation's qualification as an organization described in Section 501(c) (3) of the Code. (3) By all corporate action necessary to be taken by the Corporation or on its behalf, the Corporation has duly authorized: (i) the execution and delivery of the Corporation Documents; (ii) approval of the Bond Purchase Agreement; (iii) approval of the Official Statement and the signing of the Official Statement by the Chairman of the Corporation's Board of Directors; (iv) distribution of the Official Statement by the Underwriter; and (v) the carrying out, giving effect to, and consummation of the transactions to be consummated on its part as described in the Corporation Documents. Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 5 (4) The Corporation Documents have been duly authorized, executed and delivered on behalf of the Corporation and constitute legal, valid and binding obligations of the Corporation, enforceable in accordance with their respective terms except to the extent that the enforceability of the indemnity agreements contained in the Indemnity Letter may be limited by the laws of the State of Colorado or public policy. The Official Statement has been duly executed by the Corporation. (5) Neither the execution nor delivery on the part of the Corporation of the Corporation Documents nor the consummation of the transactions to be consummated by the Corporation therein, results in a violation of any provision of, or constitutes a default under, (i) the Articles of Incorporation or Bylaws of the Corporation, (ii) any agreement or other instrument to which the Corporation is now a party or by which it or its properties are bound and (iii) any existing constitution, law or governmental rule or regulation applicable to the Corporation. (6) Except for actions to be taken by and filings to be made with the Issuer and except as disclosed in the Official Statement, no approval or other action by any governmental authority or agency is required as a condition to the due execution or performance by the Corporation of transactions contemplated by the Corporation Documents, including, without limitation, the acquisition, construction and equipping of the Series 1993 Project as defined therein, or its approval and execution of the Bond Purchase Agreement or the Official Statement, except for such approvals as may be required by any state securities or "blue sky" laws of jurisdictions other than the State of Colorado. (7) Except as disclosed in the Official Statement, the Corporation is not in violation of any provision of, or in default under, any applicable law or administrative regulation of the State of Colorado or the United States, including, without limitation, Section 1128(B) (b) of the Social Security Act, its Articles of Incorporation or Bylaws, or any judgment, decree, agreement or other instrument to which the Corporation is a party or by which it or its properties are bound, a violation of or a default under which would materially adversely affect the business, properties, assets, liabilities or conditions (financial or otherwise) of the Corporation. (8) Except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry, or investigation at law or in equity or by any judicial or administrative court, agency, body or other entity pending or, E-5 417+ r., Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 6 to the best of my knowledge, threatened, against the Corporation or any of its properties wherein an unfavorable decision, ruling, or finding (i) would adversely affect the validity or enforceability of the Corporation Documents, (ii) might result in any materially adverse change in the business, properties, assets, liabilities, or condition (financial or otherwise) of the Corporation, (iii) might result in any liabilities not wholly covered by insurance or reserves, or (iv) would otherwise adversely affect the capability of the Corporation to comply with its obligations under the Corporation Documents, or adversely affect the transactions contemplated to be consummated on the part of the Corporation as described in the Official Statement. (9) No additional approval, consent, proceeding, authorization, or resolution by or between the Corporation or its Board of Directors is required in connection with the transactions to be consummated on its part as described in the Official Statement. (10) The Ground Lease, the Lease, the Operating Sublease and the Indenture have been duly filed and recorded in such manner and at such places as required under the laws of the State of Colorado to give due notice of the interests created under such documents in the Leased Land. The Gross Receipts, as defined in the Lease, have been duly and legally pledged by the Corporation to the Board for the payment of the Board's obligations under the Lease. Financing statements have been duly filed and recorded in such manner and at such places as required under the laws of the State of Colorado to create a prior, perfected security interest in the Gross Receipts of the Corporation, free from all prior liens, charges or encumbrances, subject only to Permitted Encumbrances, as defined in the Lease. No additional filing or recording of any document is required as of this date in order to establish, protect and preserve the interests of the Board (as defined in the Indenture) in the Gross Receipts of the Corporation or to perfect the interests created under the Sublease or maintain the interests created thereby: provided, however, that in order to continue the effectiveness of the financing statements which have been filed, continuation statements with respect to such financing statements should be filed in the manner and at the times prescribed by the laws of the State of Colorado, including, without limitation, the Uniform Commercial Code of the State of Colorado. Nothing has come to our attention that would lead me to believe that the Official Statement, insofar as it relates to the Corporation (except as to the financial statements and other financial or statistical data included therein, as to E-6 C7nA an Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 7 which I express no opinion or belief) , contains any untrue statement of a material fact relating to the Corporation or its properties, or omits to state a material fact necessary to make the statements made therein with respect to the Corporation or its properties in the light of the circumstances under which they are made, not misleading. My opinions expressed in paragraph (4) above are qualified to the extent that (a) the enforceability of the Corporation Documents may be limited by general principles of equity and bankruptcy, insolvency, reorganization, moratorium or other similar laws or equitable principles of general application from time to time .affecting the rights of creditors, landlords and secured parties generally; and (b) a particular court may refuse to grant certain equitable remedies, including, without limitation, specific performance, with respect to the enforcement of any provision of said documents. This opinion may be relied only by the addressees hereof, except that this opinion may be relied upon by Kutak Rock as Bond Counsel. I hereby consent to the references made to me in the Official Statement as counsel to the Corporation. E e`70'• - q q EXHIBIT "F" TO THE BOND PURCHASE AGREEMENT [FORM OF OPINION OF COUNSEL TO THE BOARD] [LETTERHEAD OF COUNTY ATTORNEY FOR WELD COUNTY] __. , 1993 Colorado Health Facilities Authority 3033 East First Avenue, #301 Denver, Colorado 80206 PaineWebber Incorporated 1285 Avenue of the Americas New York, New York 10019 Colorado Health Facilities Authority Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 Ladies and Gentlemen: We have acted as counsel to the Board of Trustees for North Colorado Medical Center (the "Board") and Weld County, Colorado in connection with the purchase on this day by PaineWebber Incorporated (the "Underwriter") of $ aggregate principal amount of Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 (the "Bonds") of the Colorado Health Facilities Authority (the "Issuer") pursuant to the Bond Purchase Agreement dated , 1993, between the Underwriter and the Issuer and accepted and confirmed by North Colorado Medical Center, Inc. (the "Corporation") and the Board. For the purpose of this opinion, in my capacity as counsel to the Board, I have examined copies of the following: (a) the Resolution adopted by its Board of Trustees relating to the issuance of the Bonds; (b) Part 3, Article 3 of Title 25, Colorado Revised Statutes (the "Act") ; F-1 Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 2 (c) the Indenture of Trust dated as of December 1, 1985, as supplemented by the First Supplemental Trust Indenture and the Second Supplemental Trust Indenture, each dated as of November 1, 1990 and the Third Supplemental Trust Indenture dated as of January 15, 1993 (collectively, the "Trust Indenture") , by and between the Issuer and the Trustee named therein; (d) the Escrow Agreement dated as of January 15, 1993, between the Authority, the Trustee as escrow agent, the Health Institution and the Board (the 'Escrow Agreement") ; (e) the Ground Lease dated as of December 1, 1985 as supplemented by the First Supplemental Ground Lease dated as of November 1, 1990, between Weld County, Colorado (the "County") , and the Second Supplemental Ground Lease dated as of January 15, 1993, and the Issuer (collectively, the "Ground Lease") ; (f) The Lease dated as of December 1, 1985, between the Issuer and the Board, as supplemented by the First Supplemental Lease, the Second Supplemental Lease, each dated as of November 1, 1990, and the Third Supplemental Lease Agreement dated as of January 15, 1993 (collectively, the "Lease") ; (g) the Third Amended and Restated Operating Sublease dated as of January 15, 1993, between the Board and the Corporation (the "Operating Sublease") ; (h) the Preliminary Official Statement dated , 1993, and the Appendices thereto and the final Official Statement dated , 1993, and the Appendices thereto (collectively the "Official Statement") used in connection with the sale of the Bonds; (i) the executed Bond Purchase Agreement dated , 1993, and Indemnity Letter dated , 1993, and attached thereto as Exhibit A (collect velythe "Bond Purchase Agreement") among the Underwriter, the Issuer, the Corporation and the Board; (j) the Tax Regulatory Agreement dated as of January 15, 1993, among the Issuer, the Corporation, the Board and the Trustee (the "Tax Regulatory Agreement") ; (k) certain certificates of public officials, officers, and administrators of the Corporation and certified copies of certain corporate documents and records of the Y F-2 Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 3 Corporation which I have deemed necessary or appropriate in rendering the opinion set forth below; and (1) such other statutes, agreements, documents, certificates, opinions, letters and other papers, including all documents delivered or distributed at the closing of the sale of the Bonds, as I have deemed necessary or appropriate in rendering the opinions set forth below. The Lease, the Escrow Agreement, the Tax Regulatory Agreement, the Ground Lease, the Operating Sublease and the Bond Purchase Agreement are collectively referred to herein as the "Board Documents". For purposes of this opinion, I have relied in all instances upon such certificates of public officials, officers and administrators of the Board with respect to the accuracy of material factual matters and statements contained therein. In my factual examination I have assumed the authenticity of all documents submitted to me as originals, the conformity to original copies of all documents submitted to me as certified or photostatic copies, the authenticity of the originals of such latter documents, and the accuracy of the statements contained in such certificates. Based upon the foregoing, and upon my examination of such other information and documents, and upon such questions of law as I believe necessary to enable us to render this opinion, and subject to the qualifications and exceptions hereinafter set forth, I am of the opinion that under the applicable laws of the United States of America and the State of Colorado in force and effect on the date hereof: (1) The Board is a body corporate, created and appointed by the Board of County Commissioners of Weld County, Colorado, validly existing, and in good standing under the laws of the State of Colorado with all powers and authority to (i) own its own property and conduct its business as presently being conducted and as described in the Official Statement; (ii) to execute and deliver the Board Documents and to execute the Official Statement; and (iii) to carry out and to consummate the transactions to be consummated on its part as described in the Board Documents and the Official Statement. (2) By all action necessary to be taken by the Board or on its behalf, the Board has duly authorized: (i) the execution and delivery of the Board Documents; (ii) approval of the Bond Purchase Agreement; (iii) approval of the Official Statement and the signing of the Official Statement by the Chairman of the Board of Trustees of the Board; 0)ne- an F-3 • Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 4 (iv) distribution of the Official Statement by the Underwriter; and (v) the carrying out, giving effect to, and consummation of the transactions to be consummated on its part as described in the Board Documents. (3) The Board Documents have been duly authorized, executed, and delivered on behalf of the Board and constitute legal, valid, and binding obligations of the Board, enforceable in accordance with their respective terms except to the extent that the enforceability of the indemnity agreement contained in the Indemnity Letter may be limited by the law of the State of Colorado or public policy. The Official Statement has been duly executed by the Board. The Ground Lease has been duly authorized, executed and delivered on behalf of the County and constitutes the legal, valid and binding obligation of the County enforceable in accordance with its terms. (4) Neither the execution nor delivery on the part of the Board of the Board Documents nor the consummation of the transactions to be consummated by the Board therein results in a violation of any provision of, or constitutes a default under, (i) the Act, any agreement or other instrument to which the Board is now a party or by which it or its properties are bound and (ii) any other existing constitution, law, or governmental rule or regulation applicable to the Board. (5) Except for actions to be taken by and filings to be made with the Issuer and except as disclosed in the Official Statement, no approval or other action by any governmental authority or agency is required as a condition to the due execution or performance by the Board of transactions contemplated by the Board Documents, including, without limitation, the acquisition, construction and equipping of the 1993 Project as defined therein, or its approval and execution of the Bond Purchase Agreement or the Official Statement, except for such approvals as may be required by any state securities or °blue sky" laws of jurisdictions other than the State of Colorado. (6) Except as disclosed in the Official Statement, the Board is not in violation of any provision of, or in default under, the Act, any agreement or other instrument to which the Board is a party or by which it or its properties are bound, a violation of or a default under which would materially adversely affect the business, properties, assets, liabilities or conditions (financial or otherwise) of the Board. irtil?inie F-4tr Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 5 (7) Except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry, or investigation at law or in equity or by any judicial or administrative court, agency, body or other entity pending or, to the best of my knowledge, threatened, against the Board or any of its properties wherein an unfavorable decision, ruling, or finding (i) would adversely affect the validity or enforceability of the Board Documents, (ii) might result in any materially adverse change in the business, properties, assets, liabilities, or condition (financial or otherwise) of the Board, (iii) might result in any liabilities not wholly covered by insurance or reserves, or (iv) would otherwise adversely affect the capability of the Board to comply with its obligations under the Board Documents, or adversely affect the transactions contemplated to be consummated on the part of the Board as described in the Official Statement. (8) No additional approval, consent, proceeding, authorization, or resolution by or between the Board or its Board of Trustees is required in connection with the transactions to be consummated on its part as described in the Official Statement. (9) The Gross Receipts, as defined in the Lease, have been duly and legally pledged by the Board to the Issuer for the payment of the Board's obligations under the Lease. Financing statements have been duly filed and recorded in such manner and at such places as required under the laws of the State of Colorado to create a prior, perfected security interest in the Gross Receipts of the Board, free from all prior liens, charges or encumbrances, subject only to Permitted Encumbrances, as defined in the Lease. No additional filing or recording of any document is required as of this date in order to establish, protect and preserve the interests of the Trustee (as defined in the Indenture) in the Gross Receipts or to perfect the interests created under the Lease or maintain the interests created thereby; provided, however, that in order to continue the effectiveness of the financing statements which have been filed, continuation statements with respect to such financing statements should be filed in the manner and at the times prescribed by the laws of the State of Colorado, including, without limitation, the Uniform Commercial Code of the State of Colorado_ (10) Nothing has come to my attention that would lead us to believe that the Official Statement, insofar as it relates to the Board (except as to the financial statements and other financial or statistical data included therein, as to which we express no opinion or belief) , contains any untrue statement of a material fact relating to the Board and its F-5 n' 'f! . a 'rI Colorado Health Facilities Authority PaineWebber Incorporated , 1993 Page 6 properties or omits to state a material fact necessary to make the statements made therein with respect to the Board and its properties, in the light of the circumstances under which they are made, not misleading. Our opinions expressed in paragraph (3) above are qualified to the extent that (a) the enforceability of the Board Documents may be limited by general principles of equity and bankruptcy, insolvency, reorganization, moratorium or other similar laws or equitable principles of general application from time to time affecting the rights of creditors, landlords and secured parties generally; and (b) a particular court may refuse to grant certain equitable remedies, including, without limitation, specific performance, with respect to the enforcement of any provision of said documents. This opinion may be relied only by the addressees hereof, except that this opinion may be relied upon by Kutak Rock as Bond Counsel. We hereby consent to the references made to us in the Official Statement as counsel to the Board. F-6 EXHIBIT "G" TO THE BOND PURCHASE AGREEMENT (FORM OF OPINION OF HOIME ROBERTS & OWEN AS COUNSEL TO THE UNDERWRITER) (LETTERHEAD OF HOLME ROBERTS & OWEN) , 1993 PaineWebber Incorporated 1285 Avenue of the Americas New York, New York 10019 Colorado Health Facilities Authority 3033 East First Ave. , $301 Denver, Colorado 80206 COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER) Ladies and Gentlemen: We have acted as counsel to PaineWebber Incorporated (the "Underwriter") in connection with its purchase on this date of $ aggregate principal amount of Colorado Health Facilities Authority Hospital Revenue Bonds (North Colorado Medical Center) Series 1993 (the "Bonds') pursuant to the Bond Purchase Agreement, dated , 1993 (the 'Bond Purchase Agreement") , between the Underwriter and the Colorado Health Facilities Authority (the "Issuer") and affirmed and accepted by The Board of Trustees for North Colorado Medical Center (the "Board") and North Colorado Medical Center, Inc. (the "Corporation") . This opinion is being furnished pursuant to Section 6(C) (1) of the Bond Purchase Agreement. Unless otherwise expressly provided herein, capitalized terms used in this opinion shall have the meanings assigned to them in the Bond Purchase Agreement. In such capacity we have examined executed copies of the Board Documents, the Corporation Documents, the Final Official Statement and the certificates and opinions referred to in Section 6(C) of the Bond Purchase Agreement. In addition, we have examined the originals or copies, certified or otherwise identified to our satisfaction, of such records of the Issuer, the Corporation and the Board, agreements and G-1 other instruments, certificates of public officials and representatives of the Issuer, the Board and the Corporation, and such other documents as we have deemed necessary or advisable as a basis for the opinions hereinafter expressed. At the request of the Underwriter, we have participated as counsel to the Underwriter in conferences with representatives of the Issuer and its counsel, Bond Counsel, officers and representatives of the Board and the Corporation and their respective counsel, officers and representatives of the Corporation and its counsel, representatives of Arthur Andersen & Co. and Deloitte & Touche, independent certified public accountants, representatives of the Bond Insurer, and representatives of the Underwriter, at which conferences the contents of the Official Statement and related matters were discussed. Although we are not passing upon and do not assume any responsibility for the accuracy, completeness, or fairness of the statements contained in the Official Statement, we advise you that, on the basis of the foregoing no facts have come to our attention that lead us to believe that the Official Statement (except as to any financial or statistical data included therein, and except for Appendix B thereto, as to which we are not called upon to express any opinion or belief) as of the date thereof, contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. We have not passed on any financial data included in the Official Statement and Appendix B thereto, and the foregoing is subject to such data not containing any untrue statement of a material fact or omitting to state a material fact necessary in order to make the statements contained in the Official Statement, in light of the circumstances under which they were made, not misleading. Very truly yours, G-2 f• an Bondi/Crowley/AH) EXHIBIT "H" TO THE BOND PURCHASE AGREEMENT [LETTERHEAD OF ACCOUNTANTS] PaineWebber Incorporated 1285 Avenue of the Americas New York, New York 10019 Colorado Health Facilities Authority 3033 East First Avenue, #301 Denver, Colorado 80206 COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS (NORTH COLORADO MEDICAL CENTER PROJECT) Ladies and Gentlemen: [We have not examined) the balance sheet of North Colorado Medical Center, Inc. ("the Corporation") , a Colorado nonprofit corporation, as of December 31, 1991, and the related statements of revenues and expenses, statements of changes in fund balances and statements of cash flows for the year then ended, included in the Preliminary Official Statement dated , 1993 in Exhibit B, related to $ Colorado Health Facilities Authority Hospital Revenue Bonds (North Colorado Medical Center Project) Series 1993 (the "Bonds") . Such Preliminary Official Statement is herein referred to as the "Preliminary Official Statement." In connection with the Preliminary Official Statement: 1. We are independent certified public accountants with respect to the Corporation within the meaning of the American Institute of Certified Public Accountants' Code of Professional Ethics Rule 101. 2. [We have not examined any financial statements of the Corporation as of any date or for any period subsequent to December 31, 1991; although we have made an examination for the year ended December 31, 1991, the purpose (and therefore the scope) of the examination was to enable us to express our opinion on the financial statements as of December 31, 1991, and for the year then ended, but not on the financial statements for any interim period within that year. Therefore, we are unable to and do not express any opinion on the unaudited balance sheet as of H-i October 31, 1993, or the related statements of revenues and expenses, statement of changes in fund balances and statement of cash flow for the ten months then ended attached hereto as Appendix I, or on the financial position, results of operations, or changes in the financial position of the Corporation as of any date or for any period subsequent to December 31, 1991.] (to be revised re audit engagement for 1992) 3. For purposes of this letter, we have read the minutes of the meetings of the Board of Directors of the Corporation (the 'Board") from December 31, 1991 to 1991, the Board having advised us that the minutes of all such meetings through that date were set forth therein; and have carried out other procedures to 1993 as follows: With respect to the eleven-month period ended November 30, 1992, we have: (i) Read the unaudited balance sheets as of November 30, 1992 and the unaudited statements of revenues and expenses and fund balances for the eleven-month period then ended, attached as Appendix I hereto, officials of the Board having advised us that no such financial statements as of any date or for any period subsequent to November 31, 1992, were available; and (ii) Made inquiries of certain officials of the Board and officers of the Corporation who have responsibility for financial and accounting matters as to whether the unaudited financial statements referred to under (i) are presented in conformity with generally accepted accounting principles applied on a basis substantially consistent with that of the audited financial statements attached as Appendix B to the Preliminary Official Statement. The foregoing procedures do not constitute an examination made in accordance with generally accepted auditing standards. Also, they would not necessarily reveal matters of significance with respect to the comments in the following paragraph. Accordingly, we make no representations as to the sufficiency of the foregoing procedures for your purposes. 4. Nothing came to our attention as a result of the foregoing procedures, however, that caused us to believe that the unaudited financial statements attached as Appendix I H-2 nne an hereto are not in conformity with generally accepted accounting principles applied on a basis substantially consistent with that of the audited financial statements attached as Appendix B to the Preliminary Official Statement. 5. As mentioned in 3 (i) , the Board has advised us that no financial statements as of any date or for any period subsequent to November 30, 1992 are available; accordingly, the procedures carried out by us with respect to changes in financial statement items after November 30, 1992, have, of necessity, been even more limited than with respect to the periods referred to in 3. We have made inquiries of certain Board officials and officers of the Corporation who have responsibility for financial and accounting matters regarding whether (i) there was any net increase at , 1993, in -long-term debt as compared with amounts shown in the November 30, 1992 unaudited financial statements; or (ii) for the period from November 30, 1992 to , 1993, there were any decreases, as compared with the corresponding period in the preceding year, in operating revenues, income from operations or in excess of revenues over expenses. On the basis of these inquiries and our reading of the minutes as described in paragraph 3, nothing came to our attention that caused us to believe that there were any such increases or decreases, except in all instances for increases or decreases that the Preliminary Official Statement discloses have occurred or may occur. 6. For purposes of this letter, we have also read the following set forth in the Preliminary Official Statement on the indicated pages: Ttem Page Descriotion A Appendix A Under the caption "Historical Utilization Data" - , the tables entitled "Inpatient Utilization Data" and "Selected Utilization Data" B Appendix A Under the caption "Historical Financial Information" - , the table entitled "Statements of Revenue and Expenses" H-3 I*'n(? r .'! C Appendix A Under the caption 'Historical Financial Information,' the subcaption "Sources of Revenue' the table entitled 'Gross Patient Revenue by Sources of Payment' D Appendix A Under the caption 'Medical Staff," the tables entitled 'Active and Courtesy Staff of the Center" and 'Top 20 Admitting Physicians" 7. Our examination of the financial statements for the periods referred to in the introductory paragraph of this letter comprised audit tests and procedures deemed necessary for the purpose of expressing an opinion on such financial statements taken as a whole. For none of the periods referred to therein nor for any other period that we perform audit tests for the purpose of expressing an opinion on individual balances of accounts such as those enumerated above, and, accordingly, we express no opinion thereon. 8. However, for purposes of this letter we have performed the following additional procedures, which were applied as indicated with respect to the items enumerated above. Item in 7 Procedures and Findinas A We compared the information contained in the tables entitled "Inpatient Utilization Data" and 'Selected Utilization Data" under the caption 'Historical Utilization Data" with the appropriate financial and accounting records of the Corporation and found them to be in agreement. B We compared the information set forth in the table under the caption "Historical Financial Information" entitled "Statement of Renewed Expenses" to the audited financial statements of the Corporation for the years then ended as specified therein and found them to be in agreement. We compared the amounts shown for the eleven- month period ended November 30, 1991 and 1992 to the financial and accounting records of the Corporation and found them to be in agreement. H-4 4n1101. ") C We compared the information with the caption "Historical Financial Information" entitled "Gross Patient Revenue by Sources of Payment" to the appropriate financial and accounting records of the Corporation and found them to be in agreement. D We compared the information under the caption "Medical Staff" in the tables entitled "Active and Courtesy Staff of the Center" and "Top 20 Admitting Physician" with the appropriate financial and accounting records of the Corporation and found them to be in agreement. 9. It should be understood that we make no representations regarding questions of legal interpretation or regarding the sufficiency for your purpose of the procedures enumerated in the preceding paragraph; also, such procedures would not necessarily reveal any material misstatement of the amounts or percentages listed above. We have addressed ourselves solely to the foregoing data as set forth in the Preliminary Official Statement and make no representations regarding the adequacy of disclosure or regarding whether any material facts have been omitted. 10. This letter is solely for the information of, and assistance to, PaineWebber Incorporated in conducting and documenting its investigation of the affairs of the Corporation in connection with the offering of the Bonds covered by the Preliminary Official Statement and for the Colorado Health Facilitates Authority and is not to be used, circulated, quoted or otherwise referred to within or without the underwriting group for any other purposes, including but not limited to the sale of Bonds, nor is it to be filed with or referred to in whole or in part in the Preliminary Official Statement or any other document, except that reference may be made to it in the Bond Purchase Agreement or in any list of closing documents pertaining to the offering of Bonds covered by the Preliminary Official Statement. Respectfully submitted, H-5 fonds/Greeley/AH7 RESOLUTION RE: AUTHORIZE THE CONTINUATION OF CURRENT PRACTICES RELATING TO THE HANDLING AND DISPOSITION OF UNCLAIMED PROPERTY 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, during the 1991 session of the Colorado General Assembly, the Unclaimed Property Act, C.R.S. , Section 38-13-101, et. seq., was amended in an attempt to extend the coverage of the Act to unclaimed property held by local governments, and WHEREAS, it is not clear whether local governments are required to comply with the Act but it is clear that the Act allows local governments the option of being excluded from the requirements of the Act if the terms of local law require that unclaimed property be handled differently than set forth in the Act, and WHEREAS, various county departments have in the past complied with county policy regarding the handling and disposition of unclaimed property, and WHEREAS, Weld County desires to continue to handle and dispose of unclaimed property pursuant to existing county policy, and desires that the Board of County Commissioners confirm, ratify. and codify current policy to clarify that the County Departments shall not follow the permissive directions of the Unclaimed Property Act, and WHEREAS, the Weld County Clerk and Recorder and Weld County Treasurer have policies which have not yet been ratified by the Board of County Commissioners, which policies are attached and incorporated by the reference as Exhibit "A" and Exhibit "B". respectively, and WHEREAS, there is general county policy with respect to warrants adopted by the Board of County Commissioners on February 28. 1979, attached and incorporated by this reference as Exhibit "C", and for disposition of unclaimed property by the Sheriff. Ordinance #28, and WHEREAS, the Board of County Commissioners desires to continue the application of existing county policy to unclaimed property held by county officials, and desires to confirm, ratify, and codify county policy for the handling and disposition of unclaimed property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that. to the fullest extent allowed by the provisions of the Unclaimed Property Act, including Section 38-13-134, all county officials and employees having custody of unclaimed property, as defined in the Unclaimed Property Act, C.R.S.. Section 38-13-101, et. seq., are hereby directed to continue in effect the current practices of the various departments related to the handling and disposition of unclaimed property. After following the existing procedures for holding and advertising such unclaimed property, all non-cash unclaimed property shall be sold at the periodic county auctions, and the proceeds of the sale deposited in the county general fund, and all cash or cash-equivalent unclaimed property shall be liquidated, collected and deposited in the county general fund. 930075 RE: DISPOSITION OF UNCLAIMED PROPERTY PAGE 2 BE IT FURTHER RESOLVED that the Board hereby declares that county policy regarding unclaimed property held by the county shall be held for disposition by the county, and shall not be turned over to the State of Colorado. No unclaimed property shall be disposed of except pursuant to approved regulations and plans. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D. , 1993. / BOARD OF COUNTY COMMISSIONERS ATTEST: Al/f���PLin WELD OUNTY, COLORADO Weld County Clerk to the Board 4292 ` _ Constance L. H errman BY: i %��(�/ l� , l/I'� ��, � � '� u � 27 647 Deputy Clerk to the BoacEd- W. H Webster, ^T,��y�RY/"S APPROVED AS TO FORM: eorge knaxter _ 14.-74; County At orney Dale K. Ha 1 1 S Barbara J. Kirkme er 930075 EXHIBIT A MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER P.O.BOX 459 • CGREELEY.3) COLORADO 80632 o (303)356-4000 EXT.4335 • COLORADO JANUARY 15, 1993 WELD COUNTY CLERK AND RECORDER PROCEDURES FOR UNCLAIhED WARRANTS REFUND ESCROW ACCOUNT 810 - 0806 DAILY: 1. ENTER REFUND ON CQ PUTER 2. TAB MONEY FROM CASHIER DRAWER. HOLD FOR BI-WEEKLY DEPOSIT TO TREASURER'S OFFICE. WEEFIY: CIWICE; USUALLY TUESDAY AND FRIDAY) 1. TYPE REFUND MEMOS 2. RECOUNT MONEY. SEND DEPOSIT TO TREASURER'S OFFICE 3. TYPE WARRANTS. MAIL TO CUSTOMER 4. RECORD IN REFUND LEXER MONTHLY: 1. BALANCE REFUND LEDGER, CANCELLED CHECI.S, AND TREASURER'S REPORT 2. I TST CUTST4NDLNG CHECKS YEARLY: 1. REQUEST TREASURER'S OFFICE TO TRANSFER TOTAL OF OUTSTAMDIG CHECKS FROM PREVIOUS YEAR TO UNCLAD FUNDS ACCOUNT. ATTACH TO THIS REQUEST A LIST OF EACH OUISTANDMG CHECK BY NAME, CHECK NUMBER, DATE, AND AMOUNT. 2. COPIES OF THE ABOVE PROCEDURE ARE KEPT ON FILE IN TEE ACCOUNTING DEPAREDNT OF THE WELD COUNTY (= AND AND RECORDER FOR APPROXIMATELY TEN )EARS. aiw t4L 222-0Ahi MARY FEERST WELD COUNTY CLERK AND RECORDER 930075 EXHIBIT B \\\ OFFICE OF THE COUNTY TREASURER FRANCIS M.LOUSTALET COUNTY TREASURER PHONE(303)3533845,EXT.3250'S1H4;"::)j"CPOST OFFICE BOX 458 ' C GREELEY,COLORADO 80832-0458 ggig COLORADO January 18, 1993 The procedure for the transferring of unclaimed funds by the County Treasurer's Office is as follows: Every six months, checks that are older that six months are cancelled on the Treasurer's bookkeeping system and the total amount is put into the Unclaimed Funds account, The money that is in Unclaimed Funds is then transferred to the County General fund once a year, with the understanding that if a stale dated check is presented for payment, it will be paid out of the County General Account. t1.; Francis M Loustalet Weld County Treasurer /7 EXHIBIT C RESOLUTION RE: VOIDING OF COUNTY WARRANTS. 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, a number of County warrants issued by Weld County, Colorado are not claimed by the payee or presented for payment by the payee, and WHEREAS, the State of Colorado Statutes are silent on declaration of voided warrants for County Government, and WHEREAS, generally accepted accounting practices and audit principles dictate the disposition of such warrants , and WHEREAS, applicable Federal laws and banking practices specify that war- rants not presented after six (6) months are void, and WHEREAS, a survey of surrounding counties indicate that the common prac- tice is to void all warrants after six (6) months or less and the face of the warrant has inscribed a time period for presentation, and WHEREAS, the Director of Finance and County Treasurer recommend that the Board adopt a policy specifying the proper disposition of such warrants. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that County warrants printed from this date forward shall have the following on the face of the warrant: "VOID IF NOT CASHED IN SIXTY DAYS". BE IT FURTHER RESOLVED by the Board of County Commissioners that any county warrants not presented to the County Treasurer within six (6) months of date of issue shall formally be declared void and the funds deposited in the general fund miscellaneous revenue account, Unclaimed Monies. BE IT FURTHER RESOLVED by the Board of County Commissioners that the Director of Finance will notify the County Treasurer of all warrants formally declared void. BE IT FURTHER RESOLVED by the Board of County Commissioners that after a warrant is formally declared void it can be reissued out of the General Fund by Board action should it be presented after six (6) months from the date of issue by the payee. 930075 r -1- 99/. w - • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of Febraury, A. D. , 1979. BOARD OF COUNTY COMMISSIONERS L ELD COUNTY, COLORADO I .1;fit/ �.Cr./ ?,,�..�c� ATTEST: " GLu� i21:•„•: .";!: ,.+:,,.c.,•.� t1 Weld County Clerk and Recorder and Clerk to the Board (By:/ ' C Deputy County C APPRDurAS TO FORM; County Attorney DATE PRESENTED: FEBRUARY 28, 1979 • 920975 —2— EXHIBIT C / a •; : OUOC Recorded or o'clock .4,_,., `UN 19 1978 • &"�S rr C `� Rec. No. ��•��Z �Mary Mn Feuent&n, Recorder 4 -/ ORDINANCE NO. 28 IN THE MATTER OF DISPOSITION OF PROPERTY RECOVERED BY THE WELD COUNTY SHERIFF. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO THAT: ro Section 1. SCOPE OF ORDINANCE: This Ordinance shall apply to all s--+ z` to personal property acquired or held by the Weld County Sheriff r• rl during the normal course of his duties, or those of his deputies, and under circumstances supporting a reasonable 41 belief that such property was abandoned, lost, stolen or a otherwise illegally possessed, including, but not limited to, property left in abandoned vehicles or at vehicle accident CI. locations, unclaimed property obtained by a search and seizure, and unclaimed property used as evidence in any criminal trial. Section 2. APPOINTMENT OF CUSTODIAN: The Sheriff shall appoint a Deputy to act as custodian of all personal property seized or taken by the Sheriff or his deputies. Section 3. CUSTODIAN'S RECEIPT: Whenever any personal property shall be recovered by the Sheriff or any Deputy, it shall be his duty to immediately turn over said property to the Custodian, and it shall be the duty of the Custodian to file with the Sheriff's records section a receipt for said property. Section 4. CUSTODIAN TO PROVIDE PLACE FOR SAFEKEEPING: It shall be the duty of the Sheriff to provide for the custodian, a suitable place or places for the safekeeping of said property recovered by any officer, and the same shall be under his entire control. Section 5. RECORDS: It shall be the duty of the Custodian to keep a record of all property which may be seized or otherwise taken possession of by the Sheriff or his deputies and record the dis- position of such property, whether by sale, destruction, return to owner or other dispostion. Section 6. RETURN OF PROPERTY: Any personal property believed to be abandoned, lost, stolen or otherwise illegally possessed, shall be retained in the custody of the custodian as provided herein, who shall make a reasonable inquiry and effort to identify /111 • • 825 17'4'71.37 and notify the owner or person entitled to possession thereof, and shall return the property after such owner or person provides reasonable and satisfactory proof of ownership or right to possession and reimburses the Sheriff for all reasonable expenses of such custody and handling. (A) All property shall be deemed unclaimed when, after 30 days of notification, the owner shall have failed to recover the property from the Custodian. Section 7. RECOVERY OF PROPERTY - LIMITATION: The owner or person entitled to possession of the property may claim and recover possession of the property at any time before a sale at public auction upon providing reasonable and satisfactory proof of ownership or right to possession and after reimbursing the Sheriff for all reasonable expenses of custody and handling thereof. Section 8. SALE OF UNCLAIMED PROPERTY: If the identity or location of the owner or person entitled to possession of the property has not been ascertained within 90 days,or six (6) months in the case of property believed to be stolen or otherwise illegally possessed, after the Custodian obtains possession of the property, the Sheriff or his designated representative may effectuate the sale of such property for cash to the highest bidder, at a public auction, notice of which (including time, place and a brief description of such property) shall be published at least once in a newspaper of general circulation in the County, at least ten days prior to such auction. (A) If the Sheriff finds that such property may be used by his department in the performance of his duties, such property may be utilized by the Sheriff' s department until such time as it is no longer needed, and then disposed of as provided herein, provided the Sheriff has the approval of the Board of County Commissioners as set forth in Section 11. The Sheriff shall provide the Board of County Commissioners with a list of all property so utilized, as provided in Section 11. (B) It being in the public interest, to restrict the flow of firearms, all unclaimed firearms which the Sheriff finds 3-20375 -2- .epclri . 935 1757137 �• 3 cannot be utilized in the performance of the duties of his department, shall be either abandoned to the United States Bureau of Alcohol, Tobacco and Firearms, sold at a Sheriff' s sale to persons licensed to sell firearms or destroyed. (C) Unclaimed property of no value shall be held for 90 days and if still unclaimed, the Sheriff may either destroy or otherwise dispose of said property without placing it for sale. Section 9 . CONDUCT OF AUCTION: At the time and place mentioned in said notice for the sale of unclaimed property, it shall be the duty of the Sheriff to sell all such unclaimed property at public auction for the highest and best price the same will bring in cash, and to receive from the purchaser of each and every article, the amount paid by such purchaser for the same. Provided, however, that unclaimed property consisting of jewelry, gems, watches, precious metals or other property having unique value, may, in the judgment of the Sheriff, be sold either at auction or to the highest bidder after solicitation of sealed bids from at least three regular dealers in the particular type of property. Section 10. REPORT TO THE BOARD OF COUNTY COMMISSIONERS: When such sale is completed, it shall he the duty of the Sheriff to make a report to the Board of County Commissioners, giving in detail, a description of the articles so sold and the amount of money received for each of said articles, and at the same time to turn over to the Board of County Commissioners for deposit in the general fund, all money which has come into his hands as the proceeds of such sale. Section 11. PROPERTY UNLAWFUL TO POSSESS: If it shall be unlawful for any private citizen to possess any such personal property, then that personal property shall not be placed for auction, but shall either be destroyed, or if feasible, used by the Sheriff, but only if usable by the Sheriff to carry out the normal duties and responsibilities of his office. If the Sheriff wishes to convert any such property to the use of his office, or any unclaimed;' abandoned,. or lost..property. received by the -3- 9301775 • a - 835 17.`-7137 -�l Custodian, then he must have the express authorization of the Board of County Commissioners to do so in each and every instance. Section 12. PERISHABLE PROPERTY: If any property so seized or taken possession of by the Sheriff shall be of a perishable nature or so bulky or of such a nature as to make it dangerous or un- desirable to retain possession thereof, the Sheriff shall cause such property to be forthwith, advertised in the official news- paper and sell such property any time after three days shall have elapsed from the seizure or the taking possession thereof; except where impractical to do so, in which case the Sheriff shall use his best judgment in disposing of the property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of Weld County, Colorado that the above provisions in the matter of disposition of property recovered by the Weld County Sheriff, be, and hereby are, approved. The above and foregoing Ordinance was, on motion duly made and seconded, adopted by the following vote on the 19th day of June A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO tie ATTEST: '1C u? Ww+.'. C2(401wA.C'n't1 Weld-County Clerk and Recorder and Clerk to the B aid %`�BY( ��.s�c..�<%,.l UDeputy County Ci7rk APPROVED AS TO FORM: Asst. ountyy Attorney Date Presented: June 19, 1978 DATED: June 211 , 1978 PUBLISHED: June 22, 1978 in the Johnstown Breeze 930075 -4- MEmORKIDUM �: � CO...,_ 27 ;I: 17 B9.ard of County Commissioners Date January 22,G1} 3 TO!THE Pn COLORADO From Lee D. Morrison; Assistant Weld County Attorneys SubctResolution to Authorize the Continuation of Current Practices Relating the Handling & DispositLon of Uuc.lalmwd PLuye.ty Attached is a proposed Resolution which allows the County to continue to handle unclaimed property, including uncashed warrants, according to the County's own procedures rather than following State Statutory Provisions which may require such property and funds to be deposited to the State. In the absence of "local law", the State could assert that local entities would have to follow State procedure and the funds would flow through the unclaimed property process administered by the State. Certain practices which have been followed are set forth in Memoranda from the Treasurer and the Clerk and Recorder. These practices will, if you choose to approve the Resolution, then be placed in the Administrative Manual for reference along with the other practices which have previously been adopted under Ordinance No. 28 and Resolution of February 28, 1979. I would recommend placing this matter on the agenda for consideration and adoption. Schedule Agenda Work Session Don't Adopt Baxter Hall Harbert Kirkmeyer ✓ Webster et LDM/db Attachment pc: Don Warden Mike Loustalet Mary Ann Feuerstein Tom David nanandi.db S3C3 5 RESOLUTION RE: SETTING FORTH THE INTENTION OF THE COUNTY OF WELD, COLORADO, TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE HAUSER CHEMICAL RESEARCH, INC. . PROJECT 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, representatives of Hauser Chemical Research, Inc., a Delaware corporation (the "Company") have advised the officials of the County of Weld, Colorado (the "County"). of the interest of the Company in acquiring, constructing, and equipping manufacturing facilities to be located East of Highway I-25 on the Frontage Road, approximately one mile south of the Del Camino Truck Stop exit, Weld County, Colorado, subject to the willingness of the County to finance the project (the "Project") by the issuance of industrial development revenue bonds, pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Article 3, Title 29, Colorado Revised Statutes, as amended (the "Act"), and WHEREAS, the 1-25 and Frontage Road location consists of approximately 35 acres and is within the political boundaries of the County, and WHEREAS, the Project consists of the acquisition of land in the County and the construction and equipping of manufacturing facilities for the manufacture, extraction and purification of ingredients for food and flavors, which Project will generate new jobs within the County and will generally add to the strength and diversity of the County's tax base, and WHEREAS, the Company has represented to the County that the Project will qualify as a project within the meaning of the Act, and WHEREAS, the Board of County Commissioners (the "Board") has considered the proposal and has concluded that the economic benefits to be derived therefrom by the County will be substantial, and WHEREAS, the Board has determined the Project to be consistent with the goals and objectives of the County, and WHEREAS, the Board desires to indicate its intent to proceed with financing the Project through the issuance of such revenue bonds. NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: Section 1. In order to induce the Company to locate and undertake the Project, the County shall, subject to the provisions hereof, take all necessary and advisable steps to effect the issuance of industrial development revenue bonds (the "Bonds") pursuant to the Act in the maximum aggregate principal amount of Seven Million Dollars ($7,000,000) or such lesser amount as shall be determined and agreed upon by the Company and the County to finance the Project. 930117 frooty CC:FY ge,uoam-aive core) RE: IDRB - HAUSER CHEMICAL RESEARCH, INC., PROJECT PAGE 2 The Bonds will not be general obligations of the County. Neither shall the Bonds, including interest thereon. constitute the debt or indebtedness of the County within the meaning of any limitation of the Constitution or statutes of the State of Colorado nor give rise to a pecuniary liability of the County or a charge against its general credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of revenues derived from and payable by the Company pursuant to financing agreements with the County. Section 2. No costs or expenses, whether incurred by the County or any other party in connection with the issuance of the Bonds or the preparation of any documents by any legal or financial consultants retained in connection therewith, shall be borne by the County. All such costs or expenses shall be paid from the proceeds of the Bonds or otherwise borne by the Company. In addition to the costs and expenses to be borne by the Company as described in the preceding sentences, if the Project is approved by the County and the Bonds are issued, the Company shall pay to the County at the time the Bonds are issued any applicable fee when due. Section 3. Prior to the execution of any financing agreement, mortgage, indenture of trust, bond purchase agreement or any other necessary documents and agreements in connection with such Bonds, such documents and/or agreements shall be submitted for approval to the County. and, if satisfactory to the County, their execution shall be authorized by resolution of the Board pursuant to law. Section 4. Prior to any further action by the Board, the Company shall provide the County with the opinion of Fischer. Brown, Huddleson & Gunn, P.C.. as Bond Counsel, supporting the legality of the financing of the Project and the utilization of Bond proceeds for said Project. Section 5. Nothing contained in this Resolution shall constitute the debt or indebtedness of the County within the meaning of any limitation of the Constitution or statutes of the State of Colorado nor give rise to a pecuniary liability of the County or a charge against its general credit or taxing powers. Section 6. All commitments of the County contained herein are subject to the condition that within twenty-four (24) months of the date hereof, or such shorter period of time available under applicable law, unless otherwise extended by agreement between the County and the Company, the Bonds to be issued pursuant hereto shall be issued and sold. In the event that said Bonds to be issued pursuant hereto are not issued within twenty-four (24) months, or such shorter period of time available under applicable law, the County of Weld shall be under no obligation to perform any of the terms and conditions contained herein. Nothing contained herein shall constitute a warranty or representation by the County that the Bonds will receive from the State of Colorado any necessary allocation of a portion of the private activity bond limit authorized for the State of Colorado pursuant to the Internal Revenue Code of 1986, as amended. If an allocation for the Project is necessary, the County shall use reasonable efforts to secure from the State of Colorado such an allocation authorizing the issuance of the Bonds from the State of Colorado private activity bond limit. 930117 RE: IDRB - HAUSER CHEMICAL RESEARCH, INC., PROJECT PAGE 3 Section 7. All resolutions or parts thereof concerning the subject matter hereof in conflict with this Resolution are hereby repealed to the extent of such conflict. This repealer shall not be construed to revive any resolution or part thereof, heretofore repealed. Section 8. The agreements of the County set forth above are expressly conditioned upon the ability and willingness of the County to issue the Bonds as tax exempt obligations under the Federal Income Tax laws existing on the date of the issuance of the Bonds. Nothing contained in this resolution shall be construed as requiring the County to issue the Bonds and the decision to issue the Bonds shall be in the complete discretion of the County. Section 9. If any section, paragraph, clause, or provision of this Resolution with the exception of any section, paragraph, clause or provision limiting the County's financial obligation shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section. paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 10. For purposes of complying with Section 147(f) of the Internal Revenue Code, prior to the issuance of the Bonds to finance the Project, the Board will conduct a public hearing with respect to the Project and the use of proceeds of the Bonds, notice of which hearing shall be published at least 14 days prior thereto for purposes of approving the issuance of the Bonds in the maximum aggregate principal amount of $7,000,000 and the use of the proceeds to finance the costs of acquiring, renovating and equipping a manufacturing facility in the County, which facility shall be owned and operated by the Company and used by the Company in its manufacturing operations. Section 11. This Resolution shall take effect immediately upon its introduction and passage. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February. A.D.. 1993. 1 �,y�/��J BOARD OF COUNTY COMMISSIONERS ATTEST:IdI� MGG �" WEL COUNTY. COLORADO Weld County Clerk to the Board ,,(/Jf/�/J/ Constance L. Harbert, Chairman BY: r4�I2'-! / ''�-"�� � �.� 'r W. (AM 1-4--/Wit-t0 Deputy Clerk to the Boa bster, I Tem APPROVED AS TO FORM: 1 +�i G orge E/Baxt boun y LinerDal K. Ball /Barbara J. Kirkmeyek 930117 RESOLUTION RE: APPROVE OIL DIVISION ORDER TO PHIBRO ENERGY USA, INC. FROM PARKER AND PARSLEY DEVELOPMENT COMPANY 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, Weld County, Colorado, has received an Oil Division Order to Phibro Energy USA, Inc. , 500 Dallas Avenue. Suite 3200, Houston, Texas 77002, from Parker and Parsley Development Company, P. 0. Box 3178, Midland, Texas 79702-3178, and WHEREAS, said Division Order covers land more particularly described as follows: Township 6 North, Range 64 West, 6th P.M. Section 30: Si SEt Weld County, Colorado WHEREAS, Weld County is entitled to a one-eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest, Weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Division Order has been reviewed by a member of the Weld County Attorney's staff and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado, that the Oil Division Order to Phibro Energy USA, Inc., 500 Dallas Avenue, Suite 3200, Houston, Texas 77002. from Parker and Parsley Development Company, P. O. Box 3178, Midland, Texas 79702-3178, on the hereinabove described parcel of land be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 930123 LA-O1`10 ce:Porto Pa (P"Pi eL0O DIVISION ORDER - PHIBRO ENERGY USA, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by thefollowing vote on the 1st day of February. A.D., 1993. { J,�/1 ��/% /f BOARD OF COUNTY COMMISSIONERS ATTEST: /�{�/ 7,///'�_/�/1f WEL COUNTY. COLORADO Weld County Clerk to the Board r�,,.10 -- O g/ / Constance L. Har �er/t,1Chairman BY: /� b / Q/l l Y1t n' eputy Clerk to the Boar W. W bster. Pro[-7em P�A APvFD AS TO FORM: � � `-ro 7 ' �� —`.- G ge Eaxt r County At�rney Da K. Hall gAl-te-Aid-- j/Likefir-1 Barbara J. Kirkmeye 930123 ' DIVISION ORDER *R2320970 Lease No 05012000. To PHIBRO ENERGY USA,INC. DATE -.JANUARY 21, 1993 Gathering Division . 500 Dallas Avenue,Suite 3200 Houston,Texas 77002 Each of the undersigned severally and not jointly certifies it is the legal owner of the interest set out below of all the oil produced from the PARKER & PARSLEY — BT.RHM 30-1 (PA farm or lease,located in WELD County/Parish,Stare of COUAATN1 more particularly described as follows: S/2 SE/4 Section 30-6N-64W, 6th P.M. , containing 80 acres more or less LIMITED from the surface to the stratigraphic equivalent of 7,135' Weld County, Colorado • Effective 7 a.m. JLD7JLSY 01 1Q93 and until further written notice,subject to the conditions,covenants and directions hereof,Phibro Energy USA,Inc.(Payor),its successors and assigns,areauthorized to receive and purchase such oil and to give creditor the following: OWNER LEASE INTEREST CREDIT TO NO. NO. NAME AND ADDRESS • 05012000 FOR DIVISION OF INTEREST SEE REVERSE SIDE HEREOF. THIS AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT BETWEEN THE INTEREST OWNERS AND THE LESSEE OR OPERATOR OR ANY OTHER CONTRACTS FOR THE PURCHASE OF OIL The following provisions apply to each interest owner(Owner)who executes this'sgteemonc TERMS OF SALE: The undersigned will be paid in accordance with the division of interests set out above. The payor shall pay all parties at the price agreed to by the operator for oil to be sold pursuant to this division order. Purchaser shall compute quantity and make corrections for gravity and temperature and make deduction for impurities. PAYMENT: Fromtheeffectivedate,paymentistobemademonthlybypayorscheck,besedonthisdivisionofinterest,foroilmaduringthepreeedingcalender month from the property listed above,less taxes required by law to be deducted and remitted by payor as purchaser.Payments of less than$25.00 may be accrued before disbursement until the total amount equals$25.00 or more,or until December 31 of each year,whichever occurs first. Payee agrees to refund to payer any amounts attributable to an interest or part of an interest that payee does not own. INDEMNITY:Owner agrees to indemnify and hold payor harmless from all liability resultiogfrotn payments made to the owner in accordance with such division of interest,including but not limited to attorney fees or judgments in connection with any suit that affects owner's interest to which payor is made a party. DISPUTE: WITHHOLDING OF FUNDS: If a suit is filed that affects the interest of owner,written notice shall be given to payor by the owner together with a copy of the complaint or petition filed.In the event of a claim or dispute that affects title to the division of interest credited herein,payer isauthorized to withhold payments accruing to such interest,without interest unless otherwise required by applicable statute,until the claim or dispute is settled. TERMINATION:Termination of the agreement is effective on the first day of the month that begins after the 30th day after the date written notice of termination is received by either party. • NOTICES: Owner agrees to notify payer in writing of any change in the division of:,.terr.,t,including changes of interest contingent on payment of money or expiration of time.No change of interest is bindiogon payor until a copy of the recorded instrument of change or documents satisfactorily evidencing such change are furnished to payor.Any change of interest shall be made effective on the first day of the month followingreceint of such notice by payor.Any correspondence regarding this agreement shall be furnished to the addresses listed unless otherwise advised by either party. IMPORTANT: NO PAYMENT WILL BE MADE UNTIL PHIBRO ENERGY USA,INC.HAS YOUR SOCIAL SECURITY/TAX I.D.NUMBER. WITH ES: SIGNATURE OF OWNER: OWNERSSnCIAL SECURITY OR ATTEST• ; WELD CO COLORADO IRS TAX ACCOUNT NUMBER •,44/1 84-6000813 .r i / DXU'GUiN L HA X BY: x_ .f y _1 �t'� �. �� CHAIRP DEPUTY CL RK. TO'tt(AR — WELD COUNTY BOARD jed ¢¢5r Bi'ERS 02/03/93 R Kt FOR NOTE LPEs06633CTURNED - - 51901 R 930123 croursignat B 1369 -EEC 02320970-_ 02/05/93 15.:50 $0.00 _7„/002 Code' 1-r Oil Y0 F 1847 MARY ANN FEUERSTEXN CLERK & RECORDER WELD CO, CO EXHIBIT - A 01/21/93 PAGE 1 LEASE NEJMBER : 05012000 LEASE NAME : BLEHM 30-1 (PARKMAN) LOCATION : WELD CO,_ OWNER NO. INTEREST CREDIT TO 13980 0. 19390304 W PARKER & PARSLEY DEVELOPMENT CO P O BOX 3178 MIDLAND TX 79702-317E 2983 0. 11918794 W PARKER & PARSLEY 87-B GP P 0 BOX 3178 MIDLAND TX 79702-317E 272G4 0. 49675902 W PARKER & PARSLEY 87-B LP P O BOX 3178 MIDLAND TX 79702-317E 44900 0. 00240000 W D R DODSON 2310 CIMMARON MIDLAND TX 79705 51830 0. 07275000 0 ENERGY MINERALS CORP 518 17TH *1010 DENVER CO 80202-4111 51895 0. 01515620 R JANICE FISHER 2803 MVRRAY HILL PIKE LOVISEVILLE KY 40222-2927 51896 0. 01513630 R L JUNE LEHAN 5380 DRESSAGE DR BONITA CA 92002-9995 51897 0. 03031250 R HAROLD R UHRICH CO 31306 WCR *51 GREELEY CO 80631-9632 51899 0. 03031250 R EMMA UHRICH CO 31386 WCR *51 GREELEY CO 80631-9633 31901 0. 00373000 R WELD COUNTY COLORADO R BOARD OF COUNTY COMMISSIONERS P 0 BOX 758 GREELEY CO 80632 99996 0. 03031250 R UNIDENTIFIED SUSPENSE 1. 00000000 T B 1369 REC 02320970 02/05/93 15:50 $0.00 2/002 F 1848 MARX ANN FEO•ERSTEIN CLERK & RECORDER WELD CO, CO sly Phibro USA Ph'bre Enemy USA, Inc. ccv' '^^•'- 500 Dallas Ave.,Suite 3200 Houston.TX 77002-4709 (713)659.3525 (713)646.5275/fax 3736083/telex CL January 21, 1993 TO ALL OWNERS OF INTEREST RE: 05012 - BLEHM 30-1 Weld County, Colorado Dear Owner: Effective January 1, 1993 Phibro Energy USA, Inc. has been designated purchaser of oil sold from the referenced lease. We are enclosing two copies of our division order for your execution. If your interest is shown correctly please execute before two witnesses (corporations must attest) , enter your federal tax identification number and return one copy to us in the enclosed envelope. Upon receipt of a signed division order your interest will be placed in line for payment. Thank you for your attention to this matter and please do not hesitate to call should there be any questions. Sincerely, PHIBRO ENERGY USA, INC. Sue Clark Division Order Analyst (713) 646-5368 Enclosure OL. fix.,:,: RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT WITH WELD FOOD BANK 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 a Purchase of Services Agreement between Weld Food Bank and the Weld County Department of Social Services, commencing January 1, 1993, and ending December 31, 1993, with the further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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, ex-officio Board of Social Services, that the Purchase of Services Agreement between weld Food Bank and the Weld County Department of Social Services 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 1st day of February, A.D., 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: WE,COUNTY, COLORADO i Weld C y leMh4 onstance L. arbert. Chairman BY:"�1 �� � �1 104 14567 Deputy Clerk to the w. H. Webster, Pr -Tem AP VED AS TO FORM: eorge . Baxt County A tonne 1 Dal K. Hall 1-7:11}1114:7/x. arbara J. Kirkmeye v 930122 3-5001) CC:SS; bUaMaadl Banc. Contract No. : PY93-TEFA-01 PURCHASE OF SERVICES AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF WELD COUNTY, ON BEHALF OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND THE WELD FOOD BANK THIS AGREEMENT, made and entered into this 45''212 day of January, 1993, by and between the Board of Commissioners of Weld County, Colorado, on behalf of the Weld County Department of Social Services, hereinafter referred to as "WCDSS", and the Weld Food Bank hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, WCDSS currently provides for the distribution of USDA commodities through the Temporary Emergency Food Assistance Program, and WHEREAS, Contractor distributed locally donated food to various Weld County agencies, and WHEREAS, WCDSS and Contractor desire to cooperate to achieve maximum efficiency and effectiveness in the distribution of food to eligible participants and agencies in Weld County, Colorado. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Term This Agreement shall commence upon its execution and shall remain in effect for a period of one (1) year beginning January 1, 1993 through December 31, 1993. The Agreement shall be renewed automatically and shall be subject to the termination provisions of paragraph 8, herein. 2. Administration of the Food Program a. The Temporary Emergency Food Assistance Program in Weld County shall remain under the direction and control of WCDSS. WCDSS shall remain the agent to the Colorado Department of Social Services for the responsible operation of the program. WCDSS will be responsible for the program's fiscal tracking and reporting. Contractor will provide a monthly report of expenditures for WCDSS so WCDSS can obtain reimbursement from the State Department of Social Services. b. Contractor shall perform the following functions: warehousing, distribution, ordering, and certification for the Temporary Emergency Food Assistance Program for Weld County, Colorado. c. Contractor shall assume responsibility for the proper use and care of donated foods. In the event of damage, spoilage, or loss of program foods, Contractor will notify the WCDSS for any foods improperly used or disposed of, or any loss or damage to donated foods through its failure to provide proper storage, care, or handling. Page 1 of 3 20122 • Contract No. : PY93-TEFA-01 d. Contractor shall follow the guidelines of the Colorado Department of Social Services Donated Foods Agreement for the Temporary Emergency Food Assistance Program and all regulations, standards, polices, and procedures stated herein. 3. Costs Contractor will pay for all costs for the distribution of food associated with the Donated Foods Agreement. Contractor will receive reimbursement from WCDSS for expenditures associated with the program. WCDSS will submit reports to the State for reimbursement. Costs associated with the program must be reasonable and necessary for the distribution of program foods. Payment to Contractor must be made by WCDSS within thirty days of submission of an invoice by Contractor. 4. Reporting and Record Keeping a. Contractor shall maintain accurate records of donated foods received and distributed, and shall maintain an accurate record of all expenditures applicable to the program. b. Contractor shall allow the disclosure of all documents and inventory related to the Temporary Emergency Food Assistance Program to any Federal, State, or Local audit or monitoring of that program. Contractor shall also allow the inspection by the public of all those records which are considered "open" and thereby subject to inspection, pursuant to Sections 24-72-201, C.R.S. 5. Modification All modifications to this Agreement shall be in writing and signed by both parties. 6. Assignment This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representative, and assigns. Contractor shall not assign any of its rights or obligations regarding the Temporary Emergency Food Assistance Program without prior written consent of WCDSS. 7. Assurances The Contractor shall abide by all assurances as set forth in the attached Exhibit A, which is attached hereto and incorporated herein by reference. Page 2 of 3 r.:30-7 22 . Contract No. : PY93-TEFA-01 8. Termination This Agreement may be terminated by either party due to a lack of funding, breach of this Agreement, or other good cause by not less than thirty (30) days advance written notice to the other parties. 9. Entire Agreement This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and shall not be changed or modified except as stated in paragraph 5. , herein. 10. Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is, for any reason, held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto hereby declare that they would have agreed to this Agreement and each and every section, subsection, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared unconstitutional or invalid. 11. Distribution WCDSS will act on behalf of Contractor to obtain the use of the County Extension Building for the distribution of the Temporary Emergency Food Assistance Program Foods at no cost to Contractor. WELD COUNTY DEPARTMENT OF SOCIAL SERVICES WELD FOOD BANK, INC. /V/�I� 6e)(2H J A. G 'ego, reef Carol Cox, President J � Le Ma�Executiv�r ATTEST: By: ATTEST: Mash BOARD OF WELD COUNTY Weld County Clerk to the Board COMMISSIONERS OF WELD COUNTY, COLO 0 l 4.4 Deputy Cler Constance Harbert, hairman or.4/0.5/_N3 ATTESTING TO COARD OF COUNTY 3 of 3 CO'5t,P; fO:'E's 2,"v,;L'3aS ONLY Contract No. : PY93-TEFA-01 EXHIBIT A ASSURANCES 1. The Contractor agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of Contractor or its employees, volunteers, or agents while performing duties as described in this Agreement. Contractor shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. The Contractor shall provide adequate liability and worker's compensation insurance for all its employees and agents engaged in the performance of the Agreement. The Contractor shall provide liability insurance for volunteers engaged in the performance of the Agreement. Upon request, the Contractor shall provide Social Services with acceptable evidence that such coverage is in effect. 3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party to this Agreement. 4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement. Page 1 of 4 A, Contract No.: PY93-TEFA-01 Exhibit A (Continued) 8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Agreement are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local. Federal, and State auditors and representatives to audit and monitor the Contractor. 9. All such records, documents, communications, and other materials shall be the property of Social Services and shall be maintained by the Contractor, in a central location and custodia:2, in behalf of Social Services, for a period of three (3) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualification: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3) year period, or if audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit finding. 10. The Contractor assures that authorized local, Federal, and State auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on-site visits, all contract activities, supported with funds under this Agreement to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. The Contractor or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf of the Contractor. to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. The Contractor assures that it will fully comply with applicable federal and state laws, rules and regulations. The Contractor understands that the source of funds to be used under this Agreement is Temporary Emergency Food Assistance funds. Page 2 of 4 0,n r JJ a- •..lvd Contract No.: PY93-TEFA-01 Exhibit A (Continued) 14. The Contractor assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department of agency; b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery. falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of this certifications; and d. Have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local) terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when the Contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract the Contractor shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, the Contractor shall submit to Social Services, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Social Services' termination, for cause, of its contract with the Contractor. 16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected the administration of the Temporary Emergency Food Assistance Program, no information about or obtained from any applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian. Contractor shall have written Page 3 of 4 520 7,712 Contract No. : PY93-TEFA-01 Exhibit A (Continued) policies governing access to, duplication and dissemination of, all such information. Contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these confidentiality requirements. Contractor shall provide its employees, agents and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 17. Propriety information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by the Contractor in the course of providing services under this Contract will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. TEFAP.ajc Page 4 of 4 t DEPARTMENT OF SOCIAL SERVICES f k( �� P.O.BOX A r7 1 • 2 j ) 3 GREELEY,COLORADO 80032 j Administration and Public Assistance(303)352-1551 CLE iK Child Support(303)3529933 . O TO r T H 7 3: ,). Protective and Youth Services(303)352.1923 Food Stamps(303)358-3850 • FAX(303)ass-R215 COLORADO TO: Constance L. Harbert, Chairman Weld County Board of Commissioners FROM: Judy A. Griego, Director, Social Service SUBJECT: Agreement Between the Board of Commissione of eld t , on Behalf of the Weld County Department of So 'al rvic an the Weld Food Bank DATE: January 22, 1992 Enclosed for Board approval is a Purchase of Services Agreement between the Board of Commissioners of Weld County, on behalf of the Weld County Department of Social Services and the Weld Food Bank. The purpose of this contract is to have the Weld Food Bank administer the Temporary Emergency Food Assistance Program (TEFAP) . Their primary purpose is to distribute donated foods to various Weld County agencies. The maximum reimbursement to the Weld Food Bank would not exceed $15,000 for the contract period of January 1, 1993 through December 31, 1993. If you have any questions, please telephone me at extension 6200. jac Enclosure 930122 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE ORDINANCE 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 Weld County Department of Planning Services has referred certain violations of the Weld County Building Code Ordinance to the County Attorney's Office, and WHEREAS, those persons in violation of the Weld County Building Code Ordinance are Louis and Elizabeth Ann Walsh and J & M Machine, BCV #1879, and Calvin and Cynthia Lyons and Charles and Vera Blodgett, BCV #1875, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado. that Thomas 0. David. Weld County Attorney, be, and hereby is. authorized to proceed with legal action against Louis and Elizabeth Ann Walsh and J & M Machine, and Calvin and Cynthia Lyons and Charles and Vera Blodgett, to remedy the violations of the Weld County Building Code Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February. A.D., 1993. ` 1 / �/�� BOARD OF COUNTY COMMISSIONERS ATTEST: A�P✓'�'W/ ✓ WEL COUNTY. COLORADO Weld County Clerk to the Board Constance L. Harbert, Chairman //,� a/�� BY:4 i ��//�/�/ -4 „-r?-? / Lan h-711 Deputy Clerk to the 84w\ W. ebste , P o-Yem APP D AS TO FORM: Orge , Baxt County A torney Dal K. Hall / I Barbara 3 J. Kirkmeye ea; pp / l 930121 fettle ME1flORAf DU(Yl WillieTo Board of County Commissioners Dat. January 29 1993 COLORADO F,o,,, Department of Planning ServiceseP submit; Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Building Code Ordinance. Building Code Violations: BCV-1879 BCV-1879 Louis and Elizabeth Ann Walsh J & M Machine 4580 Franklin Street P.O. Box 280 Englewood, CO 80110-5937 Platteville, CO 80615 BCV-1875 BCV-1875 Calvin and Cynthia Lyons Charles and Vera Blodgett 20954 Weld County Road 22 20954 Weld County Road 22 Hudson, CO 80642 Hudson, CO 80642 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 930121 a 71. Z wECO g ate Fl7.8- x a a i W 3a I2 `w2ii U a 72 Ea 4 ec.N3 „ I-I .i t 1 a e 'Jr 7 �' ▪.-. r , O gyp _so z r1 O (t) is U ofk g � C as �_ t6 •i . . ,:. , t 4• = 4 O 4 y ti;c.}" Ei.t It t i O UU F `3U` Ce°o .14 = -� r � O 0O g Y U ▪ CA w y CU L+ CU CA o � O o� � i A H o ll illti! 1111 1I'1I I llltii. f}CODa5 930as Cv :i 1 rr.,. . ^fir GOVERNMENT FINANCE r. , c a' : 39 OFFICERS ASSOCIATION 180 North Michigan Avenue,Suite 800,Chicago,Illinois 60601 CLE; 312/977-9700•Fax:312/977-4806 TEE 30.7.71) 7 J January 22, 1993 TO TEE Mr. George Kennedy Chairman, Board of Commissioners County of Weld P.O. Box 758 Greeley, Colorado 80632 Dear Mr. Kennedy: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended December 31, 1991 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated •by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Claud Hanes, Comptroller. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1991 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Stephen J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street,N.W.,Suite 200,Washington.D.C.20006 202/429-2750•Fax:202/429-2755 n20'7.39 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue,Suite 800.Chicago,Illinois 60601 312/977-9700-Fax:312/977-4806 January 22, 1993 For information contact: NEWS RELEASE Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: COUNTY OF WELD by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR) - The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: CLAUD HANES, COMPTROLLER The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,300 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. — 30 — WASHINGTON OFFICE• 1750 K Sweet.NW.,Suite 200.Washington.D.C.20006 O20t.35 202/429-2750•Fax:202/429-2755 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA state Representative. Your representative's mailing address and phone number is as follows: Alan Krcmarik Finance Director City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 303/221-6788 C21V 79. WELD COUNTY, COLORADO PAGE 1 GENERAL FUND CLAIMS V.O. . /ARRANT NO. P.O. NO. VENDOR _AMOUNT 902622 SUNFLOWER WEST FLOOR BROKERS 6,490.00 TOTAL $ . 6.490.00 STATE OF COLORADO ) COUNTY OF WELD ) ss This is to certify that all accounting and budgeting procedures have been completed Jr) the above listed claims as shown on Pages 1 through L and dated FEBRUARY 3 19 93 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 6,490.00 DATED THIS 3rd DAY OF FEBRUARY , 19 93 WELD AkCER SUBSCRIBED AND SWORN TO BEFORE ME THIS Ord DAY OF FEBRUARY 19.2,3- MY COMMISSION EXPIRES: MycolrmIsSioaEQims�.auuy10,1995 a' UB 4 STATE OF COLORADO ) COUNTY OF WELD ) • ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) disapprove) the claims as set forth above; and warrants in payment therefore are hereby J rdered drawn upon the GENERAL D totaling S 6,490.0�0/ . �J Chair rson ATTEST: / / 4 Member /� -Otia..,wan COT TY CLERK � Member BY: / % /4.,G�� .--6 Ate--" i1 via-- • DDS Deputy ember 1152-92-018 Member WELD COUNTY, COLORADO PAGE_ 4 PAYROLL FUND CLAIMS • V.O. ARRANT NO. P.O. NO. VENDOR AMOUNT 016746 BANK ONE 1,477.65 016747 WELD COUNTY REVOLVING FUND 91.25 48 SEMI-MONTHLY SMALL PAY 7,872.42 TOTAL 1 9441.32 STATE OF COLORADO ) COUNTY OF WELD ) S5 This is to certify that all accounting and budgeting procedures have been completed )n the above listed claims as shown on Pages 1 through I and dated FEBRUARY 3 19 91 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount S 9,441.32 DATED THIS 3rd DAY OF FEBRUARY , 19 93 • WELD CONYFNNCO IR SUBSCRIBED AND SWORN TO BEFORE ME THIS 3rd DAY OF FEBRUARY 19 93 . MY COMMISSION EXPIRES: yCG i'- pecins 1Zy iO.is5� NODS1"7& • STATE OF COLORADO ) COUNTY OF WELD ) SS We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) iisapprove) the claims as set forth above; and warrants in payment therefore are hereby Drdered drawn upon the PAYROLL F D totaling S 9,441.32 � �,,// . // Chalrp rson ATTEST: di itpia M ber Mel „ELn co .x CLERK T „THE BOARD ����� , /J� BY 41A--- Y � _��,1 -+ ember ei/ 1 " Q ) 0J/r7707 1152-92-018 Member J�y • SEMI-MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER - PAYEE AMOUNT 016745 SAM CRIMALDI 32.32 y I ( NUMBER OF WARRANTS 1 TOTAL 32.32 THE AMOUNT OP THESE $ANDWRITES WILL BE INCLUDED IN THE SEMI-MONTHLY PAYROLL TOTAL ON FEBRUARY 3 19 93 . 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O 0 m a s 1 D O 10 z N O .i i S 1� 1 O 2 mm ks, A ' a m f'W 4 D .. « 1 rn ♦ C • ., m 40 m 0 m1 a m 1• ^ X 1� Z XI 4 '-J3 I Z - m ml m = 1 a m m al I i a m N A D Z 1 t x 0 Y r 1 • • in Cn 4 • • • • • • • • • • • • • • • • • • • • •r /10,2ta6 • • DISTRICT COURT WATER DIVISION NO. 1 STATE OF COLORADO P.O.BOX"C" ^ � • i7;EH 4 ROBERT A.3RMAN.Noce GREELEY,COLORADO 80632 1991' t•• L9 •,^NAVMoko S.uESMAN.atom .aanr.t r rants 356.000 CLERK TO THE ECAS Dear Landowner: The Water Court Referee for Division 1 has instructed me to forward a copy of the resume notice/application filed during the month of perMmber , 1992 , pursuant to C.R.S. 37-92-302(3) (c) . You are hereby notified that you have until the last day of Febrszary , 1993 to file with the Water Clerk in quadruplicate a verified statement of opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such statement of opposition must also be served upon the Applicant or the Applicant' s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5 , CRCP. ( Filing fee: S40 . 00 ) . Mary A. Crespin, Water Clerk, Water Division 1, P.O. Box "C" , Greeley, CO 80632. S i n 1 ' , /7,..c.=, • i ' Mary AA/Crespin Water Clerk Water Division No. 1 December, 1992 Resume • Page 165 (91CW125-continued) the U.S. Forest Service at their respective addresses provided in this paragraph 6. C. Dorothy Lee Placer Reservoir is to be located on land owned by the applicant and by the United States and administered by the Bureau of Land Management, 2850 Youngfield Street, Lakewood, Colorado 80215. d. Chase Gulch Reservoir and Enlargement is to be located on land owned by Quartz valley Ranch Company, a Colorado corporation, Kurt O. Linn, Jr., President, 7575 West 23rd Avenue, Lakewood, Colorado 80215 and by Louis A. Marron, 7200 East Dry Creek Road, Dry Creek Office Village, Suite G-201, Englewood, Colorado 80112. e. Eureka Gulch Reservoir is to be located on land owned by Louis A. Marrone, 7200 East Dry Creek Road, Dry Creek Off ice Village, Suite 0- 201, Englewood, Colorado 80112. f. New York Reservoir is to be located on land owned by the United States and administered by the Forest Service. 7. Remarks: All, statements of opposition filed herein are deemed to apply fully to the application as amended without the necessity of retiling. (5 pages) Cue.No.91GWi26;` C1 YOFTITORN ON.9580CrvicCenterDrive,Thomron.Colorado 80229. .(Michael D. White, Esq, White A.Jankowski, 511 Sixteenth Street. Suite 500, Denver. Colorado 80702.) Amended Application for conditional water storage rightsA WELD COUNTIES. This amended application changed only the names of landowners on whose property structures arc or will be located. Except to the west it is changed by the correction of landowners Hamer,the original application remains unchanged. The naming and legal descriptions of the reservoirs and points of diversion are repeated here to allow correlation of landowners with locations. A. Legal descriptions of reservoirs and points of diversion 1. Thornton Pk a. Located in pars of Sections 17,19 and 20,T2S,Rb7W,6th P.M. b. Points of diversion: (1) The combined beadgate of the lower Ow Creek Ditch and Colorado Agricultural Ditch on the north hank of Clear Crain the SEV..SEl.,Section 4,T3S.R68W.6th RM. (2) On the north bank of the South Platte River in the SW Y.,SW Y., Section 19,T2 S,R 67 W,6th P.M. 2. Sprat-Platte Ranch Pit a. Located in parts of Sections 17 and 20.T2S,R67W,6th P.M. b. Point of diversion: On the southeast bank of the South Platte River in the SE v,,NE V.,Section 19.T25,R67W.6th P.M. 3. Platval Pit December., 1992 kesu. e Page 171 (91Cw126-Continued) Albert Frei&Sons,Inc. 11521 Brighton Road Henderson,CO 80640 Jack Worthing 13305 Brighton Road Brighton,CO 80601 Donald and Lath Dolitka 13293 Brighton Road Brighton,CO 80601 Isamu and Jane Tashiro 13393 Brighton Road • Brighton,CO 80601 10. Tower Pit: Lee S.Carlson 11990 Grant St,#200 Denver,CO 80233 R.T.Investmena 14095 Brighton Road Brighton,CO 80601 Wayne Nielson 26 Polo Feld Lane Denver,CO 80209 Richard Davis 13675 Brighton Road Brighton,CO 80601 11. Bromley Lakes: SUS Brighton,Ltd..VI Int.and DC White,Va 5350E 52nd Ave.. Commerce City,CO 80022 12. Platte Valley Pit C&M Companies 7916 Niwot Road P.O.Box 490 Niwot,CO 80544490 Denis Claaahan,Trustee 1600 Broadway,Suite 2400 Denver,CO 80202 13. Perry Pit Edward D.Perry 341 Kiely Blvd. Santa Clara,CA 95051 14. Fort Lupton Pit D&S Mining,Inc 4025 WCR#23 Fort Lupton,CO 80621 Lupton Bottom Ditch Co. Gene Wagner,Pres. 9990 Highway 23 Ft.Lupton.CO 80621 15. Weldon Higgs Pit#1: City of Fort Lupton P.O.Box 148 Fc Lupton,CO 80621 December, 1992 Resume Page 169 191CW126-Continued) Sprat-Platte Ranch Co. 'Wen:FP.Spratleo III P.O.Boa 290 Denver,Co 80201-2290 Public Scnice Co. 1225 17th Si Denver,CO 80202 Kenneth Lyons and Roger Anderson 13066 Mo roe Denver.Co 80241 William and Nancy Real Fred Reffel 6001 Washington St. Denver,CO 80216 Lucy Johnson 8206 WCR#8 Brighton,CO 80601 Jose Preazdo 8930 Riverdale Road Denver,CO 80229 Colorado Agricultural Ditch Co. Louis Ruth),Sec 11621 Riverdale Road Northglena,CO 80233 Lower Clear Creek Ditch Company Jim Fukayc Sec. Route I,Box 027 10680 Riverdale Road Denver.CO 80233 2. Sprat-Platte Ranch Pit: Sprat-Platte Ranch Co. ATIN:Freak Spratl a III P.O.Box 7290 Denver,CO 80201 Cooley Otzvel Co. P.O.Box 6485 Denver,CO 80217 3. Platval Pit KT.Barr,Inc. 6507 E 10th Ave- Denver,CO 80233-4802 Colorado Agricultural Ditch Co. Louis Ruao,Set. 11621 Rivedale Road Northglent.CO 8ori3 Lower Ow Creek Ditch Company Jim Fukave.Sec. Route 1,Bac 027 10680 Rivadale Road Denver.CO 80233 December, 1992 Resu.:.e Page .'.1 (91CW126-Continued) Albert Frei&Soos.Inc 11521 Brighton Road Henderson,CO 80640 Jack Worthing 13305 Brighton Road Brighton,CO 80601 Donald and Lad Doli4:a 13293 Brighton Road Brighton.CO 80601 Isamu and Jane Tashiro 13393 Brighton Road Brighton,CO 80601 10. Tower Pit: Lee S.Carlson 11990 Grant Sty*200 Denver,CO 80233 R.T.Investments 14095 Brighton Road Brighton,CO 80601 Wayne Nielson 26 Polo Feld Lane Denver,CO 80149 Richard Davis 1.3675 Brighton Road Brighton,CO 80601 11. Bromley Lakes: SUS Brighton,Ltd,Vs Int.and D.C.White,Yr Inc 5350 E.52nd Ave. Commerce City,CO 80022 12. Platte Valley Pit: C&M Companies 7916 Niwot Road P.O.Box 490 Niwot.CO 80543-0490 Denis Callahan.Trustee 1600 Broadway.Suite 2400 Denver,CO 80202 13. Perry Pit: Edward D.Pony 141 Kidy Blvd. Santa Clara,CA95051 14. Fort Lupton Pit: D&S Mining,loc. 4025 WCR#23 Fort Upton,CO 80621 Upton Bottom Ditch Co. Gene Wagner,Pres. 9990 Highway 23 Ft.Upton,CO 80621 15. Weldon Higgs Pit#1: City of Fort Upton P.O.Box 148 Ft Lupton,CO 80621 December, 1952 Resume Page 170 (91CW126-Continued) 4. HowelHaller Pk: Mobile Premix Cone,Inc P.O.Box 21588 Dewitt,CO 802.21.0588 Claude and Dixie Frick.et al 8025 East 104th Ave. Henderson,CO 80640 Fulton Ditch Co. Cecil King,Pra. 4707 WCR 29 Ft.Lupton,CO 80621 5. Hazeltine Pit#2: Hazeltine Invest Assoc. 11521 Brighton Road Henderson,CO 80640 Fulton Ditch Co. Cecil King,Pres. 4707 WCR 29 Ft.Lupton,CO 80621 6. Road Runners Rat II Pit Suburban Sand le Gravel 5400 Fenton Street • Arvada,CO 80002 Fulton Ditch Co. Cecil King.Prey 4707 WCR 29 FL Lupton,CO 80621 7. Mann Lake Pit: Adams County 450 South 4th Ave. Brighton,CO 80601 Colorado Ag ialtural Ditch Co. Louis Rullo.Sec. 11621 Riverdale Road Northglenn,CO 80233 Lower Clear Creek Ditch Company Jim Fukaye,Sec Route 1,Box 027 10680 Riverdale Road Denver,CO 80233 Brantner Ditch Co. Alvin Denham.Pres. 4936 WCR 23 Ft.Lupton,CO 80621 S. Nyholt/Lake Pit: 450 Adams County th Avenue Brighton.CO 80601 Brantner Ditch Co. Alvin Dechant Pres. 4936 WCR 23 Ft.Lupton,CO 80621 9. Worthing Pit (Henderson Pit#4): Henderson Aggregate.Ltd. 11521 Brighton Rd. Henderson CO 80640.9329 Dezember, 1992 Resume Page 169 (91CW126-Continued) Sprat-Plane Ranch Co. Atten:F3.Sprallco III P.O.Box-'90 Denver,Co 80201.190 Public Serice Co. 1225 17th St. Denver,CO 80202 Kenneth Lyons and Roger Anderson 13066 Monroe Denver,Co 80241 William.and Nancy ReClet Fred Reel 6001 Washington Ss_ Denver.CO 80216 Lucy Johnson 8206 WCR$8 Brighton,CO 80601 Jose Prcdado 8930 Riverdale Road Denver.CO 80229 Colorado Agricultural Ditch Co. Louis Run's,Sec. 11621 Riverdale Road Northglenn,CO 80233 Lower Clan Creek Ditch Company Jim Fukaye.Sec. Route 1.Bxc 027 10680 Riverdale Road Denver,CO 80233 2. Sprat-Platte Ranch Pit: Sprat-Platt.:Ranch Co. AITN:Ent&Spratkn III P.O.Box 2290 Denver,a)80201 Cooley Cruel Co. P.O.Box 5485 Denver,O)80217 3. Platval Pit K.T.Barr.Inc. 6507 E.10th Ave. Denver,0)80233-0802 Colorado Agricultural Ditch Co. Louis Rulk,Set. 11621 Riverdale Road %orthgleo,CO 80253 Lower Clete Creek Ditch Company Jim Fukatr Sec. Route 1,lox 027 10680 Riverdale Road Denver,CD 80233 December, 1992 Resume Page 168 (91Cw126-Continued) 15. Weldon Higgs Pit#1 a. Located in parts of Section 31,12N,R66W,6th P.M. b. Points of diversion: (1) The hcadgate of the Platteville Ditch,on the north bank of the South Platte River in the NW A.,NW A..SE A,Section 31,T 2 N,R 66 W. 6th P.M. (2) On the southeast bank of the South Platte River in the SEY.,NW V., Section 31,12N,R66W,6th P.M. 16. Koenig Pit a. Located in parts of Section 13,T2N,R67W,and Section 18,T2N,R66W,6th P.M. b. Points of diversion: (1) The hcadgate of the Meadow Island Ditch No. 1, (aka Side Hill Ditch),on the northwest bank of the South Platte River in the NE A. SW A.,Section 19,T2 N,R 66 W,6th P.M. (2) On the west bank of the,South Platte River in the SW Ac SW Section 18,T2N,R66W,6th P.M. 17. Johnson Open Cut Mining Plan Pit a. Located in parts of Section 21.TSN,R6$W.6th P.M. b. Point of diversion: On the west bank of the South Platte River in the SW Aa NE A.,Section 21,TSN,R65W,6th P.M.. 18. Oroissant Pit a, Located in parts of Sections 15.16,21 and 22,TSN,R65W,6th P.M. b. Point ofditasion:At the headgatcof the Patterson Ditch appodnatc1y750 south-southwest of the north.ast corner,on the north bank of the South Platte River in the NE Y,,NE Y.,Section 21,TSN.R65W,6th P.M. 19. Doeringsfeld Pit a. Located in parts of Sections 24 9 and 10,TSN,R65W,6th P.M. b. Point of diversion: At the bevdgate of the Patterson Ditch on the north bank of the South Platte River sop osimately 750'aoutb-southwest of the northeast corner,in the NE A.,NE Y.,Section 21,TSN,R65W,6th P.M. B. Names and addresses of owners of land on which water will be used and on which structures are located: The place of use is the service area of the City of Thornton as it presently ai=and as it may exist in the future,the lands lying under the Water Supply and Storage Company,and other water users in the Cache la Fondle river basin to whom Thornton may release such water. It is not practical to identity the names and addresses of the owners of all such property. Thornton believes that the points of diversion and storage described above arc located on lands owned by the persons identified below. 1. Thornton Pit: Cooly Gravel Co. Terminal Annex P.O.Box 5485 Denver,CO 80217.5485 December. 1992 Resume Page 167 (91CW126-Continued) (3) On the west bank of the South Platte River in the SE V.,SW V., Section 34,TIS,R67W,6th F.M. S. Nyholt/Lake Pit a. Located in parts of Sections 26,27 and 34,TIS.R67W,6th P.M. b. Points of diversion: (1) The headgate of the Brantncr Ditch,on the north bank of the South Platte River in the NE V.,NE V.,SW V.,Section 4,T 2 S.R 67 W, 6th P.M. (2) On the west bank of the South Platte River in the SE V., SW V.. Section 34.715.R67W,6th P.M. 9. Worthing Pit(a.k.a.Henderson Pit s4 t4) a. Located in parts of Sections 23 and 26,T1S,R67W,6th P.M. b. Point of diversion: On the east bank of the South Platte River in the NW V., NW V.,Section 26,TIS,R67W,6th P.M. 10. Tower Pit a. Located in parts of Section 23,715,R67W,6th P.M. b. Point of diversion: On the east bank of the South Platte River in the NW V., NW y,Section 26,715,R67W,6th PM 11. Bromley Lakes Pit a. Located in parts of Sections 11,12.,13 and 14,713,R67W,6th P.M. b. Point of diversion: On the cast bank of the South Platte River in the NW V., SE V.,Section 14,TIS,R67W,6th?.M. 12. Platte Valley Pit • a. Located in parts of Section 30,TIN,R66W,6th P.M. • b. Point of diversion: On the east bank of the South Platte River in the NW V., SW V..Section 30,TIN.R66W,6th.P.M. 13. Perry Pit a. Located in parts of Section 30.TIN,R66W,6th P.M.and Section 25,T1N, R67W,6th P.M. b. Point of diversion: On the west bank of the South Platte River in the NW Y..NV V.,Section 30,TIN,R66W,6th P.M. 14. Fort Lupton Pit a. Located in parts of Section 7,TIN,R66W,6tb P.M.and Section 12,TIN, R67W,6th P.M. b. Points of diversion: (1) The headgatc of the Upton Bottom Ditch,on the northwest bank of the South Platte River in the NW V.,SW V.,Section 19.T 1 N,R 66 W,6th P.M. (2) On the west bank of the South Platte River in the SW Vti SW Y., Section 7,TIN,R66W,6th P.M. December, 1992 Resume gage 166 (91CW126-Continued) a. Located in part of Section 8.T 2 S,R 67 W,6th P.M. b. Points of diversion: (1) The combined hcadgate of the Lower Clear Creek Ditch and Colorado Agricultural Ditch.on the north bank of Clear Creek in the NW V.,SE V.,SE V.,Section 4,13 S,R 68 W,6th P.M. (2) On the west bank of the South Platte River in the SE Vh SE V., Section 8,T 2 S,R 67 W,6th P.M. 4. HowcMaller Pit a, Located in parts of Sections 3.4 and 9,T2S,R67W,6th P.M. b. Points of diversion: (1) The headgate of the Fulton Ditch,on the east bank of the South Platte River in the NE Vti NE V.,SE V.,Section 17,T 2 S.R 67 W, 6th PM (2) On the east bank of the South Platte River in the SW Vti 14W/, Section 9,123,R67W,6th P.M. 5. Hazeltine Pit#2 a. Located in parts of Sections 3 and 4,TLS,R67W,6th P.M. b- Points of diversion: (1) The headgate of the Fulton Ditch„on the east bank of the South Platte River in the NE V.,NE Y..SE V.,Section 17,T 2 S,R 67 W, 6th P.M. (2) On the east bank of the South Platte River in the SW Vr NW 1, Section 9,TA R67W,6th P.M 6. Road Runner's Rest ff Pit a. Located in pans of Sections 3 and 4,12S,R67W,6th P.M. b. Points of diversion: (1) The headgatc of the Fulton Ditch,on the east bank of the South Platte River in the NE V,NEV.SEV.,Section 17,T2S,R67W, 6th P.M. (2) On the east bank of the South Platte River in the SW V.,NW Y., Section 9,173,R67W,6th PM • 7. Mann Lake Pit a, Located in parts of Sections 33 and 34,TIS,R67W,6th PM b. Points of diversion (I) The combined headgate of the Louver Clear Creek Ditch and Colorado Agricultural Ditch,On the north bank of Clear Creek in the NW 1,SEYaSE V..Section 4.T3S,R68 W,6th P.M. (2) The headgatc of the Brantner Ditch.on the north bank of the South Platte River in the NE Vr NE V.v SW A Section 4,T 2 S.R 67 W, 6th P.M. December, 1992 Resume Page 172 (91CW126-Continued) Greeley National Bank.'/Inc Robert Parker.et.al_VI Int. Uo Trust Department P.O.Box 1098 Greeley,CO 80632 Platteville Irrigation and Milling Co. Elton hoer,Sec. 12155 WCR 22 Ft.Lupton,CO 80621 16. Koenig Pit Weld County 915 10th Street Greeley,CO 80631 Darrell and Nelva Bcarson 9743 WCR 16 Ft,Lupton,CO 80521 Meadow Island Ditch Co. William Mayer,Scc. 14922 WCR 19 Platteville,CO 80651 17. Johnson Open Cut Mining Plan Pit: Robert G.&Oweadolyn F.Quick 830E 28th St. Greeley,CO 80631 18. Croissant Pit Norma Croissant , Rt.4,Box 294 991 East 26th St. Greeley,CO 80631 Richard and Sandra Kobel 727E 27th St, Greeey,CO 80631 Rona Minor P.O.Box 780 Evans,CO 80620 Delta Irrigation Co. William Roth,Pres. 1931 18th Ave. Greeley.CO 80631 19. Doeringsfeld Pit: Doeringsfeld and Arms 2101 Imperial Golf Course Blvd. Naples,a 33942 Larry and Mary Jean Mueller 1309 E 16th St. ("reaky,CO 80631 Delta Irrigation Co. William Roth.Pro. 1931 18th Ave. Greeley,CO 80631 00 Pages) DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 1/8/93 through 1/29/93 CASE NUMBER NAME RE-1465 Klein RE-1471 Hamilton SE-451 Moen ZPMH-1837 Wertz MHZP-110 Kirchenschlager • Chuck Cunliffe, Director — 1 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 3, 1993 TAPE #93-04 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, February 3, 1993, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Assistant Weld County Attorney. Bruce Barker Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners meeting of February 1. 1993, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Hall seconded the motion, and it carried unanimously. PRESENTATIONS: GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD OF FINANCIAL REPORTING ACHIEVEMENT - CLAUD HANES, COMPTROLLER: Chairman Harbert presented the Award of Financial Reporting Achievement to Claud Hanes. WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund $ 159.173.96 Payroll Fund $ 7,872.42 Handwritten warrants: General Fund $ 6,490.00 Payroll Fund $ 1,568.90 Electronic Fund Transfers: Payroll Fund $ 62.986.18 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion which carried unanimously. BUSINESS: OLD: CONSIDER RE #1455 - KELLY (CONT. FROM 11/30/92): Bruce Barker. Assistant County Attorney, said he talked to Lanell Swanson, Planning Department, who stated a Subdivision Exemption was issued concerning this matter; therefore, she recommended dismissal of said Recorded Exemption. Commissioner Webster moved to dismiss RE #1455. Seconded by Commissioner Baxter, the motion carried unanimously. NEW: CONSIDER AMENDMENT TO OPTION TO PURCHASE REAL ESTATE WITH THE VILLA AT GREELEY, INC. AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden reviewed the twelve-month option to purchase real estate with The Villa which was signed in February, 1992. The amendment presented for approval today extends the option for a six-month period of time. It also adds a provision that would cancel the option if it is not financially feasible to continue with the planned project, or if the State contract is not issued to The Villa. Mr. Warden said one other amendment being considered today is that construction must commence within twelve months of the closing on said property. Commissioner Hall moved to approve said amendment, as discussed by Mr. Warden, and to authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER AGREEMENT FOR DONATION OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS WITH CONRAD E. SCHUBERTH AND AUTHORIZE CHAIRMAN TO SIGN - "OUTLOT C", CASA GRANDE ESTATES: Mr. Barker said he received a letter from Conrad Schuberth requesting the County accept the donation of a one-foot strip of land, which he obtained by tax deed. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER VACATION OF PORTION OF WELD COUNTY ROAD 23, SOUTH OF WELD COUNTY ROAD 18: Mr. Barker explained that when Weld County Road 18 was straightened in 1991, a triangle was created on the east side. Public Service Company is requesting vacation of that vacant triangle; however, they would like the County to reserve the right-of-way and easement for existing utility lines. Commissioner Webster moved to approve said vacation, per the request of Public Service Company. Commissioner Baxter seconded the motion. Mr. Barker clarified that the condition to reserve the easement is included in the motion. Commissioners Webster and Baxter both agreed. The motion carried unanimously. CONSIDER RESOLUTION RE: APPOINTING FORFEITURE COMMITTEE FOR WELD COUNTY SHERIFF'S OFFICE: Kim Fliethman, Sheriff's Office, stated this is per State statute, to establish a committee to govern the disposition of forfeited property for any seizing agency. The committee will consist of the Sheriff or his designee. the Chairman of the Board of County Commissioners or a designee thereof, and the District Attorney of the 19th Judicial District or a designee thereof. Commissioner Hall moved to approve said draft resolution. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER DIVISION ORDER TO VESSELS OIL AND GAS COMPANY AND AUTHORIZE CHAIRMAN TO SIGN - E} SW} 518, T2N, R66W: Mr. Barker stated he has reviewed the division order and finds the percentages do comport to our lease. Commissioner Webster moved to approve said division order and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes - February 3, 1993 Page 2 PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE ZONING ORDINANCE - LAUER: Commissioner Webster moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Ronald and Constance Lauer for violations of the Weld County Zoning Ordinance. Commissioner Baxter seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:15 A.M. APPROVED: ATTEST: /1 / BOARD OF COUNTY COMMISSIONERS r I // fi WE COUNTY, COLORADO rate /✓ ✓va/v'G tiyJ C Weld County Clerk t t e Board �740�inre11�Elm Constance L. Ha ert,n hairman By: the W. P2rr/ ern ' 7 orge E Baxter Da K. Hall Barbara J. Kir uneyeri Minutes - February 3, 1993 Page 3 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO FEBRUARY 3, 1993 TAPE #93-04 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, February 3, 1993, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Constance L. Harbert. Chairman Commissioner W. H. Webster. Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Assistant Weld County Attorney, Bruce Barker Acting Clerk to the 3oard, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of February 1. 1993, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the warrants for approval by the Board in the amount of $73,753.13. Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:20 A.M. APPROVED: ATTEST: / e / la BOARD OF COUNTY COMMISSIONERS �pyj(�(� /�7? CL4&I!l WEL COUNTY, COLORADO Weld County Clerk to e Board ��yy�/-1 ,•1��� �Ih �•-��Constance L. H ber airman • By: J ., „- �. �: /Ai/ ilia Deputy Cle k to th• : • d W. H ebster PrA-Tem ge . Baxt iDal K. Hall arbara J. Kirkmey r RECORD OF PROCEEDINGS AGENDA Monday. February 8, 1993 TAPE #93-04 ROLL CALL: Constance L. Harbert, Chairman W. H. Webster, Pro-Tem George E. Baxter Dale K. Hall Barbara J. Kirkmeyer MINUTES: Approval of minutes of February 3, 1993 ADDITIONS TO AGENDA: APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR REPORTS: COUNTY FINANCE OFFICER: 1) Warrants BUSINESS: NEW: 1) Consider Tax Abatement Petition from Walter A. Bergendahl and authorize Chairman to sign 2) Consider appointment of Mary Pat Daviet as Deputy District Attorney and authorize Chairman to sign 3) Consider appointment of James F. Hartmann, II, as Deputy District Attorney and authorize Chairman to sign 4) Consider appointment of Albert C. Lusby as Deputy District Attorney and authorize Chairman to sign 5) Consider appointment of Susan E. Sanders as Deputy District Attorney and authorize Chairman to sign 6) Consider appointment of Kenneth R. Storck as Deputy District Attorney and authorize Chairman to sign 7) Consider appointment of Todd L. Taylor as Deputy District Attorney and authorize Chairman to sign 8) Consider appointment of Thomas J. Quamnen as Deputy District Attorney and authorize Chairman to sign 9) Consider appointment of William E. Starks as Deputy District Attorney and authorize Chairman to sign 10) Consider appointment of Robert R. Fink as Deputy District Attorney and authorize Chairman to sign 11) Consider appointment of Thomas G. Hanselmann as Deputy District Attorney and authorize Chairman to sign 12) Consider appointment of Rebecca J. Brunswig as Deputy District Attorney and authorize Chairman to sign 13) Consider appointment of Robert J. Knepel as Deputy District Attorney and authorize Chairman to sign 14) Consider Resolution re: Bylaws of Emergency Medical Services Advisory Council 15) Consider Resolution re: Appointments to Emergency Medical Services Advisory Council 16) Consider Division Order to Phibro Energy USA, Inc. , and authorize Chairman to sign - Ni NE} $35. T5N, R64W 17) Consider Division Order to Associated Natural Gas, Inc., and authorize Chairman to sign - Si 513, T2N, R67W 18) Consider renewal of 3.22 Beer License for Metro Oil Company, dba Total Petroleum, Inc., and authorize Chairman to sign 19) Consider appointments to Community Corrections Board Continued on Page 2 of Agenda Page 2 of Agenda SOCIAL SERVICES BOARD: ROLL CALL: Constance L. Harbert, Chairman W. H. Webster, Pro-Tem George E. Baxter Dale K. Hall Barbara J. Kirkmeyer MINUTES: Approval of minutes of February 3. 1993 WARRANTS: Don Warden, County Finance Officer Monday, February 8, 1993 CONSENT AGENDA APPOINTMENTS: Feb 8 - Elected Officials 10:00 AM Feb 8 - Work Session 10:30 AM Feb 8 - Weld Mental Health Board 7:30 PM Feb 9 - Juvenile Community Review Board 12:00 PM Feb 11 - Private Industry Council 7:30 PM Feb 11 - Area Agency on Aging 9:00 AM Feb 11 - Community Corrections Board 12:00 PM Feb 11 - Poudre River Greenway Committee 3:30 PM Feb 15 - HOLIDAY Feb 15 - Greeley Chamber of Commerce 12:00 PM Feb 16 - Retirement Board 8:00 AM Feb 16 - E911 Telephone Authority Board 12:00 PM Feb 16 - Planning Commission 1:30 PM Feb 17 - EDAP 7:00 AM Feb 18 - Placement Alternatives Commission 12:00 PM Feb 18 - Undesirable Plant Management Board 7:00 PM Feb 18 - 208 Water Quality 7:00 PM HEARINGS: Feb 10 - Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District, Conquest Oil Company (cont. from 01/27/93) 10:00 AM Feb 10 - Amended Special Review Permit for an agricultural service establishment (expansion of office building) in the A (Agricultural) Zone District, Monfort, Inc., c/o Ronald J. Lambden 10:00 AM Feb 17 - Extension of Termination Date of Weed District. Prairie View Pest Control District #9 9:00 AM Feb 17 - Assessment of Costs, Weld County Road 8 Local Improvement District #1992-3 9:00 AM Feb 17 - Change of Zone from A (Agricultural) to E (Estate), Eugene L. and Pamela A. Habrock 10:00 AM Feb 17 - Create Arrowhead Subdivision Local Improvement District #1993-1 10:00 AM REPORTS: 1) Bill Hedberg, North Weld Sanitary Landfill - Fourth quarter report of volumes of solid waste received COMMUNICATIONS: 1) County Council minutes of January 6, 1993 2) Notice of Claim re: Christine R. Williams and Victor L. Erazo RESOLUTIONS: * 1) Action of Board concerning RE #1455 - Kelly * 2) Approve Amendment to Option to Purchase Real Estate with The Villa at Greeley, Inc. * 3) Approve Agreement for Donation of Real Estate Including Land and All Improvements with Conrad E. Schuberth - "Outlot C", Casa Grande Estates * 4) Approve Vacation of Portion of Weld County Road 23, south of Weld County Road 18 * 5) Approve Appointing Forfeiture Committee for Weld County Sheriff's Office * 6) Approve Division Order to Vessels Oil and Gas Company - E} SW* 518, T2N, R66W * 7) Authorize County Attorney to proceed with legal action for Zoning Violations - Lauer Continued on Page 2 of Consent Agenda Monday, February 8, 1993 Page 2 of Consent Agenda AGREEMENTS: * 1) Approve appointment of Mary Pat Daviet as Deputy District Attorney * 2) Approve appointment of James F. Hartmann, II, as Deputy District Attorney * 3) Approve appointment of Albert C. Lusby as Deputy District Attorney * 4) Approve appointment of Susan E. Sanders as Deputy District Attorney * 5) Approve appointment of Kenneth R. Storck as Deputy District Attorney * 6) Approve appointment of Todd L. Taylor as Deputy District Attorney * 7) Approve appointment of Thomas J. Quammen as Deputy District Attorney * 8) Approve appointment of William E. Starks as Deputy District Attorney * 9) Approve appointment of Robert R. Fink as Deputy District Attorney *10) Approve appointment of Thomas G. Hanselmann as Deputy District Attorney *11) Approve appointment of Rebecca J. Brunswig as Deputy District Attorney *12) Approve appointment of Robert J. Knepel as Deputy District Attorney * Signed this date Monday, February 8, 1993 RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1455 - KELLY 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 a request for Recorded Exemption No. 1455, which was submitted by Thomas Kelly for property located in part of the NE of Section 19. Township 3 North, Range 68 West of the 6th P.M., Weld County. Colorado, and WHEREAS. a hearing before the Board was held on November 4, 1992, at which time the Board deemed it advisable to continue said matter to December 9, 1992, to allow Mr. Kelly adequate time to provide a road maintenance agreement, and WHEREAS, at the request of the applicant, the continuance of said matter was reconsidered on November 9, 1992, at which time the Board deemed it advisable to continue said matter to November 16, 1992, then to November 30. 1992, then again to February 3, 1993, and WHEREAS, at said hearing of February 3, 1993, staff informed the Board that Recorded Exemption No. 1455 was no longer necessary since a Subdivision Exemption has been issued through the administrative process, and WHEREAS, the Board deemed it advisable to dismiss said matter. NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado, that the request for Recorded Exemption No. 1455, which was submitted by Thomas Kelly, be, and hereby is. dismissed. The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following �vote on the 3rd day of February, A.D., 1993. Li r A"l/( lite 1 BOARD OF COUNTY COMMISSIONERS ATTEST: „ !/(/ WE)) COUNTY, COLORADO Weld County Clerk to th Board �yL- �.f<•--,„; `1 _ ,, - o / Constance L. H rbert, Chairman BY: (2�-�1 ' ildr !f,-� �'Q Deputy C1 rk to the BoardZ \ W. K. e s er. Pr APPROVED AS T FORM: l �� ✓ _<�L< � eorge ax er Co my Attorney Dal K. Hall Barbara J. Kirkmey 0 930124 igE/455 e,r� ; iz'1 . 1)1.- RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1455 - KELLY 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 a request for Recorded Exemption No. 1455, which was submitted by Thomas Kelly for property which is located in part of the NE of Section 19. Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit 'A said plat to be recorded. and WHEREAS, a hearing before the Board was held on November 4, 1992, at which time the Board deemed it advisable to continue said matter to December 9, 1992, to allow Mr. Kelly adequate time to provide a road maintenance agreement, and WHEREAS, at the request of the applicant, the continuance of said matter was reconsidered on November 9, 1992, at which time the Board deemed it advisable to continue said matter to November 16, 1992. and WHEREAS, at said hearing on November 16, 1992. the Board deemed it advisable to continue said matter to November 30, 1992. to allow Thomas Kelly time to complete the appropriate road maintenance agreement requested by the Board, and WHEREAS. at said hearing on November 30, 1992. the Board deemed it adivsable to continue said matter to February 3. 1993, to allow Thomas Kelly time to pursue the Subdivision Exemption process on said matter. 921126 93'01-so R-E/C/56- c c ; 9k tie? H0L.O RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1455 - KELLY 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 a request for Recorded Exemption No. 1455. which was submitted by Thomas Kelly for property which is located in part of the NE} of Section 19, Township 3 North. Range 68 West of the 6th P.M., Weld County. Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, a hearing before the Board was held on November 4, 1992, at which time the Board deemed it advisable to continue said matter to December 9, 1992, to allow Mr. Kelly adequate time to provide a road maintenance agreement, and WHEREAS, at the request of the applicant, the continuance of said matter was reconsidered on November 9. 1992, at which time the Board deemed it advisable to continue said matter to November 16, 1992. and WHEREAS, at said hearing on November 16, 1992, the Board deemed it advisable to continue said matter to November 30, 1992, to allow Thomas Kelly time to complete the appropriate road maintenance agreement requested by the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this matter will be reconsidered by the Board on November 30, 1992. at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following vote on the 16th day of November, A.D., 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: ,,e,/' ' WELD C UNTY. COLORADO Weld County Clerk to the Board ore ennedy. Chairman BY: a Deputy Clerk to the Board Constance L. Harbert, Pro-Tem APPROVED AS 0 FORM: .filAtet"4"fr C. W. Ki by County Attorney Gor Y V W. H. Webster 921L26 eE X55 - P/s. R WCA. RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1455 - KELLY 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 a request for Recorded Exemption No. 1455, which was submitted by Thomas Kelly for property which is located in part of the NEI of Section 19. Township 3 North. Range 68 West of the 6th P.M. , Weld County, Colorado. being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded. and WHEREAS, a hearing before the Board was held on November 4, 1992, at which time the Board deemed it advisable to continue said-matter to December 9, 1992, to allow Mr. Kelly adequate time to provide a road maintenance agreement, and WHEREAS. at the request of the applicant, the continuance of said matter was reconsidered on November 9. 1992, at which time the Board deemed it advisable to continue said matter to November 16, 1992, and WHEREAS, at said hearing on November 16, 1992, the Board deemed it advisable to continue said matter to November 30, 1992, to allow Thomas Kelly time to complete the appropriate road maintenance agreement requested by the Board, and WHEREAS, at said hearing on November 30, 1992. the Board deemed it adivsable to continue said matter to February 3, 1993, to allow Thomas Kelly time to pursue the Subdivision Exemption process on said matter. 921126 93"O12♦ ACTION OF BOARD - RE #1455. KELLY PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado, that this matter will be reconsidered by the Board on February 3, 1993. at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following vote on the 30th day of November, A.D. . 1992. rr If ; > BOARD OF COUNTY COMMISSIONERS ATTEST: i'.7w'W 11 �_- :�'r%•V WELD COUNTY, COLORADO � lT �✓.�..it Weld County Clerk to the Board EXCUSED L t Geo a Kennedy. Chairman BY; )n. 1�1. wow. le-MS`C J,X--2 Deputy Cler to the Board Cons ance L. Har er , Pro-Tem • APPROVED AS T FORM: C. W. Kir County Attorney Go . L c W. I'W , 921126 RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1455 - KELLY 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 a request for Recorded Exemption No. 1455, which was submitted by Thomas Kelly for property which is located in part of the NE} of Section 19, Township 3 North, Range 68 West of the 6th P.M., Weld County. Colorado. being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded. and WHEREAS, a hearing before the Board was held on November 4, 1992, at which time the Board deemed it advisable to continue said matter to December 9. 1992. to allow Mr. Kelly adequate time to provide a road maintenance agreement, and WHEREAS, at the request of the applicant, the continuance of said matter was reconsidered on November 9, 1992, at which time the Board deemed it advisable to continue said matter to November 16, 1992. and WHEREAS, at said hearing on November 16, 1992. the Board deemed it advisable to continue said matter to November 30, 1992, to allow Thomas Kelly time to complete the appropriate road maintenance agreement requested by the Board. NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this matter will be reconsidered by the Board on November 30, 1992. at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D., 1992. / . N„ BOARD OF COUNTY COMMISSIONERS ATTEST: ,a ,, , I, WELD C LINTY, COLORADO ' Weld County Clerk to the Board o/orry a ennedy, Chairman Deputy Clerk to the Board Constance L. Harbert. Pro-Tem APPROVED AS 0 FORM: !'� -1"-Xe'tt C. W. Ki by County Attorney Gor . a y W. H. Webster 921126 RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1455 - KELLY 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 a request for Recorded Exemption No. 1455, which was submitted by Thomas Kelly for property which is located in part of the NEt of Section 19, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, a hearing before the Board was held on November 4. 1992, at which time the Board deemed it advisable to continue said matter to December 9, 1992, to allow Mr. Kelly adequate time to provide a road maintenance agreement, and WHEREAS, at the request of the applicant, the continuance of said matter was reconsidered on November 9, 1992, at which time the Board deemed it advisable • to continue said matter to November 16, 1992. NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this matter will be reconsidered by the Board on November 16, 1992. at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following vote on the 9th day of November, A.D., 1992. n / BOARD OF COUNTY COMMISSIONERS ATTEST:aziai //‘,/aa ��/ !/ WELD COUNTY. COLORADO Weld County Clerk to the oard ,4 f _ Gergrge Ke edy, Chairman, ,7' BY: / %,J4( / Deputy Clerk to the Bott4J Constance L. Harbert, Pro-Tem ! '// APPROVED AS FORM: / ��c. _ C. W. Kir y . J C .-- • County Attorney Gor c/ W. H. Webster • '930124 I . 921074 ARea2764p. B 1276 REC 02227640 09/18/90 16: 22 5. 00 1/001 F 2182 NARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO WELD COUNTY ROAD *3 MAINTENANCE AGREEMENT The purpose of this Agreement is to maintain, repair, improve, construct and regulate the private road which provides access from Weld County Road #3 to the following described properties: Parcel I 14741 Weld County Road *3 Tom & Judy Kelly Parcel II 14746 Weld County Road #3 Jim Leiker & Patricia Phelps Parcel III 14757 Weld County Road *3 Ray & Jane Murphy Parcel IV 14761 Weld County Road #3 Kermit & Sandy Bohror Parcel V 14753 Weld County Road #`3 Phillip & Joann Benedict Parcel VI 14749 Weld County Road *3 Ed & Rosalie Koehler All owners of the above described properties shall bacon voting members and will agree to pay all assessments and other charges as agreed upon through a vote of all parties hereto, their successors and/or assigns. All assessments will be approved in writing by all parties hereto, their successors and/or assigns, based on a written estimate(s) . Each owner of a parcel of land served by Weld County Road #3 as herein described will contribute on demand that proportionate share of the total cost of maintaining the road (until accepted for maintenance by the public) as the number or parcel owned bears to the total number of parcels described above. All parties hereto shall remain liable for all assessments and other charges which the voting members might assess until all parties hereto are advised of a conveyance of ownership, together with the name and address of the person acquiring ownership of the property. New owners shall become a voting member as a condition of conveyance of the property. The voting membership shall have the power to perform or cause to be performed any act which it deeme advisable for the proper maintenance, repair, construction, improvement and regulation of the roads, including but not limited to: a. Provide, in an amount and manner which it deems advisable snow removal, replacement of gravel or other road surfaces, grading, cleaning, prevention or removal of obstructions or other foreign matter, facilitating drainage, erecting of signs and barriers, and controlling traffic. b. Make such road repairs and improvements as it deems advisable to facilitate the orderly movement of traffic and keep the roads in good order and condition. c. Maintain areas adjacent to or incident to roads and ways such as walkways, ditches, culverts and bridges. d. Administer and enforce against members the road maintenance obligations contained herein, including but not limited to, the placing of liens upon lots or other property served, whose owners are delinquent in paying assessments. The undersigned do hereby agree to all conditions and tipulations cent inod her n_ /fO ' f /9 Date /c4 a/in 2. Datet. 3. / t: Date ,?'- / ?C*7 8/ r2Q- /cd 5. Date d ` W 90 6. Date not* dierei • • . •_ _•••----_,,-,-c-,---.._.„-_---__--,-.;.::::, - : X930224 mss• � J ,^. J�. cmpte--- h/ ? G� ! - 3_ -- - - 2Zv __ 2 t4S 1 izateita C47C476) __ __A w- ._O ----- • NOVEMBER 12,-1942 TO: WELD COUNTY COMMISSIONERS RE: PRIVATE ROAD,OFF WELD COUNTY RD 3 ' WE THE OWNERS OF THE PARCELS OF LAND ON A PRIVATE ROAD OFF WELD COUNTY RD. 3, AGREE TO MAINTAIN SNOW REMOVAL ON THIS "" •-- __. LANE_AS WE HAVE IN THE PAST. WE WILL DESIGNATE ONE FAMILY EACH YEAR TO COORDINATE THE EFFORT, AT SUCH TIME AS PARCEL IS SOLD, NEW OWNERS WILL ASSUME RESPONSIBILITY OF SNOW REMOVAL FROM PREVIOUS OWNERS. /lf/ . / i a%34L- .7434Y ‘10494- sn -� /91., (7.1 -/l- 9 9'. o C ,. #øs I Gs /sykz. • G2uj a 2efp- ii- i r -fz 921094 • - 9=124 (\t' mEmORAnDUm T° Board Dos November 5, 1992 COLORADO From Clerk to the Board's Office SuOlect; Resetting hearing date for RE #1455 - Kelly On November 4, 1992 the Board continued RE #1455 for Thomas Kelly to December 9, 1992. We were informed that, after discussion between Mr. Kelly, Lee Morrison, and the Board, it was decided to reconsider the continuance date. Please consider rescheduling RE #1455 for November 16, 1992 at 9:00 a.m. As per Mr. Morrsion, there is an existing road maintenance agreement. Mr. Kelly is amending said agreement to account for the land split. 9430124 921074 Afik &kit 16° DEPARTMENT OF PLANNING SERVICES PHONE(303)3533845,EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.17TH AVENUE Q GREELEY,COLORADO 80631 • COLORADO November 4, 1992 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Subject: Recorded Exemption 1455 Dear Commissioners: This request for a recorded exemption is submitted by Thomas Kelly. The parcel of land is described as part of the NE4 of Section 19, T3N, R68W of the 6th P.K. , Weld County, Colorado. The property is located approximately .25 miles west of Weld County Road 3, north of a private road located approximately .25 miles north of Highway 66. This parcel is the total contiguous land holdings of the applicant. The 20 acre parcel in question was created in August, 1972. The applicants currently use Longs Peak Water District and a septic system to serve the existing home. They propose using Longs Peak Water and a septic system for the second building site, if the application is approved. The Department of Planning Services' staff recommends this request be denied. As shown on the attached aerial photograph, there are currently eleven parcels in this quarter section. Five parcels of land currently access onto the private road which serves this property. The configuration of these lots onto the road constitutes a linear subdivision which is not consistent with efficient and orderly development. Any further division of these lots will create additional accesses onto the road and will increase the density of the linear subdivision. Development in this area has reached a level where continued divisions will evade the intent and purpose of the Weld County Subdivision Regulations. In addition, residential development in rural areas necessitates an increased demand for road maintenance, police and fire protection, school busing, snow removal, utilities, and other urban-type services. Service demands increase as density increases. The staff recommends the Board of County Commissioners deny this request. Sincerely, • • ff Lanell J. wanson Current Planner LJS/sfr 930124 • • /., r�rS\ ,,N' J ,--s,r f li \ i• �i ek\ V ., / ( .x +'•e -4--�... • 4 A 7y A 7// \ \ / — \ r \ { OA J-- I ,ti V/ __ \ / .,.' , \ a ft"' \ 1 � l' Rol ~1 ./' '/ \ \ `\_ ' .�, —'\_ soy �. ',s, I, A `V ' 1 A - stns !I �� � - �J L I it % '" i S�'jl '44 \ 4 ._,� s9 \ -~ \ `� \ X11 r_,(9.-,...1 / rs / 'I 1 ' ,�,mJ�\ •\\ /, ,�.•o \ SOS �L �. / ', J ""-\\ - �� y, y _ i ' ,A N�I -v -N \ '' s i % Jr \ _.o v V - :'V A , N.; �.�( _ j / 7' , \,: / :-. 6 TT' c' /( 75030 1 14WH+ \ \. `.1 . �` iQ v� /� �\ �_�( .I• ���_ �. _ ( .ilb... •1 / (i, / 7 ( i I i ). / / .,- A a9Xi / �. �� t • •i• I AA .. . 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I.% • 11G7 IIL//f���JJJ a •I IC\.: / ., t , a• ep 3 I• • ,� • " .it.• / Illi u. }a of » 1. r. ,g, 1 •� i ' ��• :11.11 .. ` 1 , ;• 'tense•:', \ 1 • . /,/,/Lir APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Creeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO, RECORDING FEE f ZONING DISTRICT RECEIPT NO. CO� LQ-JC DATE- APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: A parcel of land located in the NEB, of Section 19, Township 3 North, Range 68 Nest of the 6th P.M. , Weld County, Colorado. TOTAL ACREAGE: 20.4 more or less Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Thomas Kelly Address: 14741 Weld County Road 3, Longmont, Co BccOy phone: 776-2993 Name: 0 1-11 Address: Phone: Name: WOM ri0IMy Address: Phone: WATER SOURCE: Larger Parcel LONOZPrjc WATER Smaller ParcelLONGSPEAX7WATER TYPE OF SEWER: Larger Parcel SEPTIC Smaller Parcel ShY11C PROPOSED USE: Larger Parcel AGRICULTURE Smaller Parcel AGRICULTURE ACREAGE: Larger Parcel 10,2 + or - Smaller Parcel 10.2 + or - EXISTING DWELLINGS: (Yes or No) yps (Yes or No) NO I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF•FL"hLL STATE OF COLORADO ) Signature: Owner or Authorized t� Agent Subscribed- and sworn to before me this /14 day o£ . 19 �� (SEAL) Notary Public My Commission Expires 9 7 9 9301.24 September 15, 1992 Weld County Planning Department 915 10th Street Greeley, Colorado 80631 Dear Planners, Enclosed please find a completed application for a recorded exemption on my property. The subject property is twenty acres located in the NE 1/4 of Section 19,Township 4 North, Range 68W or known as 14741 Weld County Road 3, Longmont, Colorado. x propose to split this property into two lots of equal size being approximately 10.2 acres each with one having my house and barn on it. 1 feel my request meets Weld County subdivision regulations standards and complies with the Weld County Comprehensive Plan. My proposal is very compatible with the area with property sizes ranging from 5 acres up. The zoning of agriculture will remain the same. All of the utilities, Longs Peak Water, United Power, Public Service natural gas is at the property line in the road. We would have a Weld County Health Department septic system installed if a new home is built on the lot without improvements. Your help and approval of this application is greatly appreciated. Respectfully, TOM KELLY 14741 Weld County Road 3 Longmont, Colorado ecc50 Y 930124 PAR IL of' N£ At or Sscr. /9 rowN 3N RANEE t.tw 472 F �r Welt 32 334 FERr 3-n t'eer Lof .R " 4.1 Q. N s � ' mast BA`N rosy ?Rrugre Reap Loll it 10,24 Lot B /D.2 ra+ah .7D.1R liwy « t 930124 • • WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) Commonwealth Land Title Insurance Company The TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: Part of the NE 1/4 of Section 19, T3N, R68 of the 6th P.M. SEE ATTACHED DEEDS CONVEYANCES <if none appear, so state): Reception No. 1621137 Book 699 Reception No. 1!2806/ , Book 806 Reception No. , Book Reception No. _ , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of Commonwealth Land Title Insurance Company COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof,Commonwealth Land Title Insurance Company COMPANY has caused this certificate to be signed by its proper officer this '10th day of September , A.D. , 19 92. at 12:00 D.M. o'clock. Commonwealth Land Title Insurance Compan COMPANY By: A 0 Z D SI NATURE • .930124 Syt�r ..Jy Nl t. etc'- I Yree wrslay,W�f ,..:�Yelef, " 'r jiff✓4y�y.�•Ny. is 1 ti lt'. e3 'Ttk r ;... .rf}I' `,'�C -T `• ••• ♦e a c Q • ; 2 ' 1977 n ! of . par (.72t:06.:,� ,1 r.Wty ANN 1tulkett'N 1 . • t ..... .. . .r:'..S+.:.r .v. ..:•n.•"'L,i:ui'. .,., ry4 h,l. avatar.••."^r ' i • / Tma DttAe �t.a.thl. 26th d.r<r July 4'7 1 - !r• e" ' ii star., Patricia A. Kelly 1 ' " of the County of uffolk and ca•. ef:1e• Yort• '. alma Af tl,.tint p,nt,.nd Th oohs Ke 11v, the Part le . 1 . 1 heiny nashand and Rif,. i I V <.: of tha Canty of Weld end .I.te of 1__. _--_ —,- l Colorado,of the Mond part, n NITNERSETYI.That the acid pen v of the tint pert(nand In eonddmtien of the awn of t Thirty Thousand ($10,000.00) DOLLAE3. <, to the sold pane of she flat pan In hand paid 1p the said port v at the rend part,the receipt wh.pnf . }1 le hereby ennfna.A ant aresnwl la,al, h.c rvmla d. rNNan1, enld, <maned and QWY CLAIMED, and by y( I ;, leas prwmta see, nmlae,,lean,alt toner?and QUIT CLAIM unto thy..id perry of the caned Pon. " e f: his son,mi.nnw.n.ed ...gm,Tanrn,all W right,titre,Mena.,.,aim and A.mwl whvh N.rid j, pert v et the fleet part h.5 in and tar the fallowing dearibd lot or panel of land.iteate.lylnt and y M1 trine in the County of Weld end Stan. of Cnlnred". to-witt A parcel 1 X of land located in the NC4 of Section lo. Township 3 North. Ranee •i • - F 68 West of the 6th P.'21. .WELD COUNTY, rntnMM and being nore oartiC uLuly described as follows. _( n Beginning at the Ng corner of said Section I9. considering the I, - I e North line of said Section :n to bear :: R4" 71'10"F, wit:, all other nn. earin < rs .rive thereto. 13 -'j Xthence S $8" 57' 30"W along said :forth line of Section 19. 672. 70 • X feet to the TRUE. POINT 0? BP.CTNNINC, y thence continuing along said North line ,`.Ran 5. 1^'l.. 4.7. 70 feet. . fi thence 500"05' 19'YJ, 1127. 17 feet to a point on the _enterline of g 30 foot easement. O thence N89"02 F: along, said easement centerline A-1 rh feet. thence , fi N9O'0R'2J"E, I}7R.01 feet to the TR1'E POI::r or MECINSINC. E%CK}'T any part lying within the NWY,, of the N$t of Section to. $ w To -lahli, t North. Range 68 'Yost of the 5th P.M. , Weld County, - 8 Colorado. TO HAVE.AND TO MOLD the Mew.Mathn with all and attunes,the eppenentntn and pt,il.ar thrmww 4 Q heia,gi,p et In.nrwla then'n'o epprnainaR.and all the estate,Seel.title,totem<orb norm wh.tanes.r,of the GbT ...A Past V of the lint port,'Hearin lay nr*fogy,a On.Aptly'norm vie,'no vie,benefit end MLM ti I air ,,wale t, r „ .y of fn." and Inn,. hts haws and...Ir.in,....... Y ii rc lott TNc;ts wllr.Itcer,The raid parr•; n{the fire;tart art he hreeunen al her 'a',' 1,I. .00 n.t tad A.T rid fn..Pint Otte,written // _' 't /.. !, . /' -4'; (�f l stab' ro }i M, ,,, 4 . alM eel Iellner.l in ter Morns.M PairicII A Yearly, wt.(e Of Montag • i 1 Kelly (SEAL) IrI l .1....c y'.ala...-ere V (SEAL) . d tiVAL1 I.STATE or ,Y New York) as r,.ml7 Al' c...', ' 'Lea r . . M T o fnMeeae**Monett"pan akwnwW/ad before me ahV ) N1 M �).. y w i w" in .h?" 1" I We,:sae A A"i•n.v 1 n. ore.,•"P••t• • .4 , e, 'a m .11 ' .Walton My hand oaf afw.el seal.. g i i . 1. :JOSEPH t. SCHMIDT nem Dawn MMC.e IS w,c . MO.a•wewd►Dimpn xu.fr MOWN/MAUL vase Of sr.spat Lvt. w t.,anwewwa.e*r. -raser.e.ar e..^yid ▪rhnal.L.nal.1a.e w!\tarts .,raw r n.m�,tJrwt-a,. C...-:-71-21--:-.Ywr7Maawnmtia. M e.el M M. sa"t.1.- aMlnaa.ra Mnl.a M MM1er.a aY MIYen r.Maw rlrr,wa.e M a.raWatlrq we,*K�IrerM�a ranee en.a'n teaasm of s..- it .m amen,..r,w...w n w"*W r.•.. / • • 930124 . NOGG :o " .54' .... i ' Artw.w e.._v.....- •.4K. .�_tt AUG..._..t_'911 r. gw.w.,.._170;395 M I 'N.....".M..aw• ..w+.Y:i•�a. 4". SEP is 873+ • • 4 to r.y o 5041 2-193 s.wYg sL...__.__..,.-.....,.ekeas.cl[.• ....._....._... _..._ I4 Mtn ' f Nog.GM 'C.' ay.f.Cl•[w:•... .15 13 ' + wtww ..,w.>• .. •..... ae.-Bra• ... ..aLcr t J • (37 P a.. n, - .. .� , c. ;t alas wul..cr �.- S n`gx r. x n n Onset d ....ul. . sal ludo d 1'tlw.an.d W Atg pa*tam o g J. ["� 7..11..• ...s....' .0:J 1',,[r1c1:. .\. i:ul ly 1 �+ t. .., N of to ,ai,: O.Piyd loulJar ell Itod N [-. +111•P .�• .-IC.WnWo.otWwwMwtt .n n MI'rNaYXt$not w WI Wilt,of W a7.t net,t.r+••a In m,wMnnt4.of W twad DOWtaa N O to W nil rat i4•a et W ant Pin Y long rat 47aid tan 1,y.at W t W oat w ..dot Sadie P ^ 47 1.7. asthma tea.d analti .1. veamto&ho. $ee ..ME oat tan{W o.W taw wwtofo o 2 - groat USA.od1.nay art osier won w td Pitt Sea.a law amnia lan•th.1 Dan w Sew be* -' rec.all Ito teflw.rs&Ani.a•[ or rasa ot Ica Soto.gin oat bef 4w ::..t.: Gamy a ::c1J W e[olo d ddonar.wwN. ,h A parcel of land located in the NE4 of Section 19, Township 3 North, •! !_ Range 68 west of the 6th P.N., WELD COUNTY. COLORADO and being more 'ti particularly described as follows: ^ '' Beginning at the NE corner of said Section 19, considering the North b line of said Section 19 to bear N 88. 57'3O'E with all other bearings relative thereto: thence S88'57.30'14 along said North line of Section 19, 672.70 feet to the TRUE POINT OF BEGINNING. • thence continuing along said North line $88'57'30"W, 672.70 feet, ,, thence 500'O5'1O'W, 1327.12 feet to a point on the centerline of a 30 foot easement, thence N89.O2'E along said ease.ent centerline 671.46 feet, • thence N00.08'2O'E, 1328.03 feet to the TRUE POINT OP BEGINNING. EXCEPT any part lying within the NWk of the NE4 of Section 19, Township 1" 3 North, Range 68 West of the 6th P.M., weld County, Colorado . G • t t , } 1 • No.IlL w.ea..rr Maa .JW twr.rr a•..a-b.YN writhe Or tows two*ma Dom..OM..w-a4 • Irfi • I • woo* 604 172639b of•2 r '.' .( l do?' S r ,art yrg ,r r l 1j _I,. 4.:.• e ,e'n' at •de • 1-; r 1 t t lnl.Irt11 fl 1 1. ( ! I III, 1: J lly ' I . ' 'ft 4 ' .i 'v1 ^"': 1;,., ,-•1. tC1ttc.` r t'1 jt/ J 'j re, t t tt {C q t PI✓ i 1 � 1 .. . alt i.. J.�. cr • � . . tt . )• '�^' ••' a t)≥o.do feet o he OF n 'iNtNG., FX County of Weld, State of Colorado. %'"" F" S ph. Fes t 4 r, POty._ SEP 131973 s..._._..__ 30_ 1 TOGETHER with .0 W +Paler the St..&t.nth w .ppae.eee+ tt weer tdi..O.g, at in Winer1 it 1 eppertal&ht,and the reunion ad n..nlonh wrl,drr and ner4MF taut fain W 1W4[tenet,as dl the nut,.NO;fl;titl.,Intone,claim red MnW whnneewr of the eW pet:r.. of the tint An,Atha Y IA P or equity,of,In and to the.here berenbnd premier, • with Ow htawdlanna edepp'stsaeaae. VC I TO PAVE AND TO POLO the St pne'Iee there beredued and deerebed with the npPN'eea warp the I add pan 1.', of the weed part. t I Yin and Witt.fumer.AM the wild pan t tt., of the tint pet. . Cat. . eel.' • . 1Mn,minden,.W ediaba tntore,de eaeeott,rent,bargain.W ar'e U.S , '.j I) with ea add part , •s of the rwrd pest[I,cir here ad signs,that at the tine of the earedbt and gd$an G 1: t% of thew►Went'. ` _ well reed of the pa+Wn above eeenyd.te ef red,Den,perte&absinth end e 4 J K Indefeasible ether.of t,Mgtawa.,in law,N fee deride,and Jeer rd right.fall power red lawfel aelntty to[want.beanie,Si end men the sane In manner and fan a,$o.Sri.and that the ere aer IS.sad etne n lT CLL VImes all former and other greats,ban tHa,ante,Pena a am.taxes, . eente and wwatnbrat sae of whatever the a .a. /�j reran eer.ee. - t _.• t t 1 l _ -t'•":a O t. )..1 •it ... V et the St a W ANNA pwd, Pal '•V and the.bona barinldi .,ad ere It r naloietal and paYwOw "vep•a 1�1n p� H I;�c I r lain W..a;tna arena all ware)Own"a paen4latrfa0y than er 4 wide K.[stair bj et*op part thereof.the saki put , of the tint part.1e0 with will WARRANT AND ronVit OOOfD. IZ IN WITNESS ol WHEREOF.the d part !L, acts tint part t. :,,hereunto ant ,•I r Mad :: . W Oval the day and year fine thieve written. err tc t'. (nape STATE OF COLORADO, a,. .•f. .'•,, era Crete of io Ida: �arpt The fawner[Ineretrrtt wee.entewledged before so thia a ,a dayeg.Ipe. •rira�y_ :er Ip7) .by .. :url c.,•a.,...r:c ..a.Lal /, My eenntia.bn calret\.i u,t Y. /� II, 77 .Rlt`ele/ al l . ' .. ..ra ^...at 6.r #1 aop ..' a N..51% w nrae,-l-peeemeie these—Prague werw a•inane gee dealt Pewee.tha..a.+ve A 930124 ' �• 14**. `e LONGS PEAK WATER DISTRICT 9875 VERMILUON ROAD • LONGMONT,CO 80501-9738 • (303)776-3847 September 14, 1992 Thomas G. Kelly 14741 Weld County Road #l3 Longmont, CO 80504 Dear Mr. Kelly: Longs Peak Water District will be able to grant your request for another water tap located on your property located at 14741 Weld County Road #3. One tap will be furnished subject to compliance by you. with the rules, charges and regulations of the District and subject to that purchase of this tap and any extensions or upgrading of lines in accordance with the engineering requirements of the District. Longs Peak Water District water tap is $4,060.00. Longs Peak Water District can and will serve water to this tap. This statement of willingness to serve will remain valid FOR A PERIOD OF SIX MONTHS FROM TF2 DATE OF THIS LETTER. Yours truly, Mary Storey, (/ Office Manager cc: Vernon Peppler General Manager 930124 REFERRAL LIST NAME: Thomas Kelly CASE NUMBER: RE-1455 REFERRALS SENT: September 21, 1992 REFERRALS TO BE RECEIVED BY: October 2, 1992 COUNTY TOWNS and CITIES Attorney Ault Health Department Brighton Extension Service Broomfield Emergency Management Office _ Dacono _Sheriff's Office Eaton _ _Engineering ____Erie Housing Authority _Evans _Airport Authority _Firestone Building Inspection Fort Lupton Frederick STATE ^_Garden City Division of Water Resources Gilcrest ' _Geological Survey_ Greeley ! Department of Health Grover _Highway Department -_Hudson Historical Society Johnstown _Water Conservation Board µ—Keenesburg Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont BerthoudBerthoud F-2t _Mead ~Briggsdale F-24 Milliken Brighton F-3 -New Raymer Eaton F-4 ~_North,glenn _ Fort Lupton F-5 Nunn _—Galeton F-6 _—Platteville Hudson F-7 Severance _ Johnstown F-8 ^_Thornton _ La Salle F-9 Windsor --Mountain View F-10 ~_—Milliken F-11 COUNTIES Nunn F-12 Adams _ Pawnee F-22 Boulder _ Platteville F-13 _S__Larimer _ Platte Valley F-14 _--- Poudre Valley F-15 FEDERAJ GOVERNMENT AGENCIES —Raymer F-2 _US Army Corps of Engineers Southeast Weld F-16 _USDA-APHIS Veterinary Service _Windsor/Severance F-17 Federal Aviation Administration ----Wiggins F-18 ____Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER Brighton Central Colo. Water Conservancy Dist. _Fort Collins Panhandle Eastern Pipe Line Co. _Greeley Tri-Area Planning Commission Longmont . _West Adams • COMMISSION/BOARD MEMBER 9a►1 fiZi n2,,, $ 4252a.?? ,`r Q Gov 4 S� w3 EPARTMENT OF PLANNING SERVICES I PMONE(303)3391510thSTR 00 ET W(......?".... P"IlD 91510th STREET A; GREELEY.COLORADO 80631 COLORADO September 21, 1992 CASE NUMBER: RE-1455 TO WHOM IT MAY CONCERN: Enclosed is an application from Thomas Kelly for a Recorded Exemption. The parcel of land is described as part of the NE4 of Section 19, T3N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .25 miles west of Weld County Road 3, north of a private road located approximately .25 miles north of Highway 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 2, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request • (is/is not) compatible with the interests of our town for the following reasons: 3. I/� We have reviewed the request and find no conflicts with our IX- interests. interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed lette Signed: a Agency .^4, / �9Z , P4. 1992 Date: WeldConsyP( win 930124 tsiti IEmORAnDUm 1119€. Lanell Swanson COLORADO To Weld County Planning 6iti September 24 992 Fran John S. Pickle, M.S.E.H., Director, Environmenta ealth Subject Case Number: RE-1455 Name: Kelly. Thomas Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 3. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JSP/lam-2018 E! 4 ';: ff 11 Weld m„YA 930124 ?A-Axe/3-4dt. rThflitsvonwj DEPARTMENT OF PLANNING SERVICES PNONE(3W1358�000.EM.4A00 41510M STREET 1 C :5 GREELEY.COLORADO 80831. Sc:32, ; C� 11 COLORADO September 21, 1992 • CASE NUMBER: RE-1455 TO WHOM IT MAY CONCERN: Enclosed is an application from Thomas Kelly for a Recorded Exemption. The parcel of land is described as part of the NE4 of Section 19, T3N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .25 miles west of Weld County Road 3, north of a private road located approximately .25 miles north of Highway 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 2, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request _(is/is not) compatible with the Interests of our town for the following reasons: 3. C' We have reviewed the request• and find no conflicts with our interests._ 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed let er. Signed: 4- Agency: 0 , Date:_ 9 A,l SIZE OCT e ? 1992 1 Ili I,... r.rr..y•a.wrwyJ • 9310124 t1:1----61.....#1%It'sd%'\r. DEPARTMENT OF PLANNING SERVICES PMONE OMMAD00,M 4400 91510th STREET CGR€ELEY,COLORADO 80631 COLORADO September 21, 1992 Thomas Kelly 14741 Weld County Road 3 Longmont, CO 80504 Subject: Recorded Exemption - RE-1455 Dear Mr. Kelly: Your recorded exemption application is complete and in order and will be processed on or before October 18, 1992. If it is determined that the application meats the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality, Therefore, our office has forwarded a copy of the submitted materials to the Mead Planning Commission for its review and comments. Please call Bertina Willden, at 535-4477, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Mead Planning Commission meeting to answer any questions the Commission • members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sincerely, Lanell J. on Current Planner I,JS/bjs 930124 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845,EXT,3540 WELD COUNTY ADMINISTRATIVE OFFICES 140�e N.17ORA AVO8 UE 631 GREELEY,COLORADO 80831 COLORADO October 22, 1992 Thomas Xelly 14741 Weld County Road 3 Longmont, CO 80504 Subject: RE-1455 - Request for a Recorded Exemption on a parcel of land described as part of the NE4 of Section 19. T3N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Kelly: I have scheduled a meeting with the Board of County Commissioners on Wednesday, November 4, 1992, at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners, It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully. O--1.\\n/Via Cat.„Thio`dtHt--°' Chuck Cunlif£e, AICP Director CAC/sfr 930124 RESOLUTION RE: APPROVE AMENDMENT TO OPTION TO PURCHASE REAL ESTATE 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, by Resolution on February 24, 1992, the Board did grant to The Villa at Greeley, Inc. , an Option to Purchase Real Estate, pertaining to property described as "no less than eight and no more than ten acres of the most westerly portion of Tract A of Weld County Business Park. PUD, Greeley, Colorado," and WHEREAS, the Board has been presented with an Amendment to said Option to Purchase Real Estate between The Villa at Greeley, Inc. , and Weld County. Colorado, by and through the Board of County Commissioners of Weld County, with the further and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to said Option to Purchase Real Estate between The Villa at Greeley, Inc. , and Weld County. Colorado be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be. and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of February, A.D., 1993. BOARD OF COUNTY COMMISSIONERS ATTEST:Li 1 //.(7 WELD COUNTY, COLORADO M4/ Weld County Clerk to the Board Constance L. rbert, Chairman BY: / J /19) e Deputy 1er o the d W. H. bster, PrrojTem APPROVED AS FORM: e eorge Baxt r County Attorney Dal K. Hall arbara ra J.. Kirkmeyer 930125 Rie00/D AMENDMENT TO OPTION TO PURCHASE REAL ESTATE ,THIS AMENDMENT to Option to Purchase Real Estate is dated this 3._ day of February, 1993, and is between The Villa at Greeley, Inc. , a Colorado corporation ( "Villa") and Weld County, Colorado ("Weld") , by and through the Board of County Commissioners of Weld County. WITNESSETH: WHEREAS, on February 24, 1992 the parties hereto entered into an agreement wherein Weld granted to the Villa an Option to Purchase Real Estate, pertaining to property described as "no less than eight and no more than ten acres of the most westerly portion of Tract A of Weld County Business Park, PUD, Greeley, Colorado," copy of which Option to Purchase Real Estate is attached hereto as Exhibit "A", and WHEREAS, the parties hereto now wish to amend said Option to Purchase Real Estate in order to extend the Option period and to add certain conditions to said Option. NOW, THEREFORE, in consideration and mutual promises and covenants contained herein, parties hereto agree as follows: 1. That the Option to Purchase Real Estate entered into by the parties on February 24, 1992, a copy of which is attached hereto as Exhibit "A", is hereby amended as follows: 1. Option Period. The Option Period is extended from February 24, 1993 to and until August 24, 1993, or until it becomes evident to Weld that the correctional facility project currently being considered by the Villa will not be completed due to financial infeasibility or a lack of a state contract for said project. 2. Property Restriction. The Villa agrees that, upon exercise of this option, it shall build a correctional facility upon the Real Property, with construction to commence within one year after the date this Option is exercised. The parties hereto agree that any deed conveying the Real Property to the Villa after the exercise of this Option shall include a reversionary clause stating the conditions contained in this paragraph. 930125 IN WITNESS WHEREOF, the parties hereto have exec ted this Amendment to Option to Purchase Real Estate on the r day of February, A.D. , 1993. ATTEST a/M1 BOARD OF COUNTY COMMISSIONERS ��,��,pppppp������ OF WELD COUNTY, COLORADO Clerk to the Boardd �/ By D BY:dL vZ e , py/,-e,gz...4.,/,44.44.7.k ty Clerth�8o Constance Harbert, Chairman og/93 ATTEST: THE VILLA AT GREELEY, INC. Corporate Secretary at -The V la at G eeley, Inc. By: [[[ BI's Harry A us, President SUBSC IBED AND SWORN to e£ore me this . 3 day of , 1995 . WITNESS my hand and officiaale seal. Notary Bu c 915 10th St. , eley. , CO 80631 My commission expires: My Comzission ap res Jaauary10,1995 amendop.gjb • 930125 OPTION TO PURCHASE REAL ESTATE This Option to Purchase Real Estate is dated this 24th day of February, 1992, and is between The Villa at Greeley, Inc. , a Colorado corporation (the "Villa") and Weld County, Colorado. ("Weld") by and through the Board of County Commissioners of Weld County. 1. Grant of Ootion. Weld, in consideration of the sum of $1000 received from the Villa, gives the Villa the exclusive option to purchase, upon the following terms and conditions, the certain parcel of land located in the City of Greeley, Weld County, Colorado, (the "Real Property") which is no less 'that eight and no more than ten acres of the most westerly portion of Tract A of Weld County Business Park, POD, Greeley, Colorado. 2. Option Period. This Option shall ran commencing with the effective date hereof to and until February 24, 1993, when this Option shall expire if not previously exercised by the Villa. 3. Purchase Price. If this Option is exercised by the Villa, the Villa and Weld shall negotiate in good faith to arrive at a reasonable purchase price for the real property taking into consideration the fair market value of the real estate and the benefits to Weld and the people of Weld County that may be realized by purchase and development of the real property by the Villa. The maximum purchase price shall not exceed $10,000.00 per acre based upon the net actual acreage of the real property. The purchase price shall be payable by cashier's check or wire transfer of funds at the time of closing. 4. Exercise of Option. This Option may be exercised at any time during the Option period by written notice to Weld personally delivered to the Clerk to the Board of County Commissioners of Weld County, Colorado, or mailed to the Clerk to the Board of County Commissioners of Weld County, Colorado, sent by certified mail, return receipt requested. If the notice is mailed, the date of delivery of notice shall be the date of the mailing of such notice. 5. Failure to Exercise Option. If the Villa does not exercise the Option, the Consideration paid for the Option shall be retained by Weld and neither party shall have any further rights or claims against the other party by reason of this Option Agreement. If the Option is exercised, the Option amount paid as provided above shall be applied towards the payment of the purchase price. 6. Date of Closing. The transaction shall be closed by the parties within thirty days after the Option is exercised by the Villa. The closing shall take place at the office of a title insurance company in Greeley, Colorado, selected by Weld. The fee charged by the title insurance company for the closing shall be paid one-half by the Villa and one-half by Weld and shall be based upon fees customarily charged by the title insurance company. EXHIBIT "A" 1 7. Title Insurance. If the Villa exercises its option. Weld shall, within ten days of the date of exercise, deliver to the Villa a title insurance commitment issued by a licensed title insurance company doing business in Greeley, Colorado, committing said company to insure the title of the Villa free and clear of all liens and encumbrances, subject only to standard printed title exceptions, easements or rights of way as shown on the plat of the protective covenants of record (a copy of which has been furnished to the Villa prior to execution hereof) and any terms and conditions of the PUD established by the City of Greeley and the County of Weld. The cost of such title insurance shall be paid by Weld and a title insurance policy shall be delivered to the Villa at closing. 8. Conveyance. Weld shall execute and deliver to the Villa a good and sufficient deed of conveyance acceptable to the title insurance company at the time pf closing conveying the real property to the Villa free of all liens and encumbrances except those show on the title insurance commitment and accepted by the Villa. The real property taxes, if any, assessed against the real property shall be prorated to the date of closing. 9. Possession. The Villa shall also be entitled to enter onto the real property prior to exercising this Option for the sole purpose of taking measurements, testing soils, and making other determinations to be used in its decision as to whether or not to exercise the Option. 10. Binding,. Effect. This Option Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties above named have executed this agreement on the 24th day of February, A.D. , 1992. l r 11 I // BOARD OF COUNTY COK4ISSIONERS ATTEST:A ' veija7 WELD CO .TY. COLORADO Weld County Clerk to the Board BY: Chaff:man /� BY: : GL' /".e 42-< Deputy Clerk to the Bo VILLA AT GREELEY, INC. ATTEST: BY: 11/7lLL {jjYYlitt-al President 6 Villim t Greele , Inc. By: 7 / BY: 1, i ,c¢/ . )corporate S tary Nota�fry Publkc " Myc enExpasJanuary10,195 My Commission Expires: . 2 RESOLUTION RE: APPROVE AGREEMENT FOR DONATION OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS TO WELD COUNTY, COLORADO, BY CONRAD E. SCHUBERTH 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 for Donation of Real Estate Including Land and All Improvements between Conrad E. Schuberth, and the County of Weld, by and through the Board of County Commissioners of Weld County, Colorado, and WHEREAS, said property is described as Outlot C in Casa Grande Estates. First Addition, being more particularly described in Exhibit ^A" of said agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, it is the policy of Weld County to formally accept all donations via Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the donation of real estate by Conrad E. Schuberth be, and • hereby is, accepted. 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 bythe following vote on the 3rd day of February. A.D. , 1993. [ ' D /'/144% n/���4�� /� BOARD OF COUNTY COMMISSIONERS ATTEST L �/ �f//i+17 WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. arbert, Chairman BY: l �i7� �ic r1� �L/. gyi7�V Deputy Cle to the Bo6t W. H. bster. Pro' APPROVED AS FORM: forge E axt r County Attorney Dal K. Hall arbara J. Kirkmeyer 930126 PEov1d C SC kihial'1 AGREEMENT FOR DONATION OF REAL ESTATE '3215643 INCLUDING LAND AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado this ZT- A day of TR-NuRR j , 1993, by and between Conrad E. Schuberth, hereinafter referred to as "First Party, " and the County of Weld, a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, c v hereinafter referred to as "Second Party." WITNESSETH: a In consideration of the mutual promises and covenants o m contained herein, First Party agrees to donate to Second Party all • of the real property and any and all improvements located thereon o as described in the attached Exhibit W. ta oThe agreement for the donation of said property is subject to the following conditions: C" 1. The real property described in the attached Exhibit "A" is property upon which is located adjacent to Weld County '' d Road 15. The donation of said property is accomplished m in lieu of condemnation. The parties agree that no mac) compensation shall be paid by Second Party for the z receipt of title to the property described in the 441 w attached Exhibit "A", but the parties agree that the r F approximate value of said property is $420. o rn ac G 2 . First Party shall furnish to Second Party a quit claim ID w deed for the property described in Exhibit "A" . Neither In w party shall be required to purchase title insurance for z the property described in Exhibit "A". Na o N 3. General taxes on the property described in Exhibit "A" for the year 1993, if any, shall be apportioned to the date of delivery of the deed, based upon the most recent o levy and the most recent assessment. cr Mo ' -, 4 . The date of exchange of the property described in Exhibit CO w "A" shall be the date of delivery of the Deed. The hour and place of closing shall be agreed to by each party. 5. Possession of the property described in Exhibit "A" shall be delivered to Second Party upon closing and shall not be subject to any leases or tenancies. 6. The parties hereto represent and warrant as of the date hereof and as of the date of the closing that neither the execution of this agreement nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under any indenture, *SOL26 charter, by-law, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument, or other verbal or written agreement to which First Party is a party of or is subject to, or to which the property is subject, except as may be provided for herein. 7 . All of the conditions stated herein shall be in full force and effect, notwithstanding the conveyance of said parcel by quit claim deed, and shall not merge with said quit claim deed. IN WITNESS WHEREOF, the parties hereto h ve subscribed their names this '2-(1 -r( day of ,,efiv I t•R—, 1993. FIRST PARTY: Conrad Schuberth SUBSCRIBED AND SWORN to before me this ct` k day of ), , 1913 . WITNESS my hand and official seal. Notary Pub @.ti My commission expires: -� r0 c5 OFFICIAL SEAL" .•• ‘' •• • ATTEST c•- BRUCE D. LONGANECKER SECOND PARTY: • O 9 `Cp Notary Pub!i0 Cook County, Illinois ` Weld C n ' A° oo d Weld County, Colorado, by and through the Board of County Commissioners of Weld unty BY: BY Deputy\ er a oar Constance Harbert, Chair AitESTING 'Ft,i?t'; Dakth3 donatsch.gjb B 1370 REC 02321560 02/11/93 15:49 $0.00 2/004 • F 1007 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO 930126 EXHiBtr "1k" Outlot C of Casagrande Estates, First Addition, as shown on the plat map recorded in the Office of the Weld County Clerk and Recorder at Book 666, Reception Number 1588467. B 1370 REC 02321560 02/11/93 15:49 ;0.00 3/004 F 1008 NARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO 930126 ,' Qt t'r CLASM DEED 9:1147C3 DEED, Made this Z-74-4 day of y/v unite? , 1917. between Conrad E. Schuberth, whose address is 2502 N. Clark Street, Chicago, Illinois 60614, of the first part, and the County of Weld, a body corporate and politic of the State of Colorado, whose address is 915 Tenth Street, Greeley, Colorado 8.0631, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the good and valuable consideration, to the said party of the first part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell,convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: Outlot C of Casagrande Estates, First Addition, as shown on the plat map recorded in the Office of the Weld County Clerk and Recorder at Book 666, Reception Number 1588467. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either ' in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. signed, Sealed and Delivered ) in the Presence of ) ) Conrad E. chuberth STATE OF ILLINOIS ) ) ss. County of Cook The foregoing instrument was acknowl dged before me this 3" \\ day of , 19 c C m.r-k V "OFFICIAL SEAL" BRUCE D. LO My commission expires: kcov ECIK�os My Comrttelun Expires Oct. Witness my hand and o s �, day of A.D. , 19 °', ID � a e '�L� COO. {�Oll�aaa�a B 1370 REC 02321560 02/11/93 15:49 ;0.00 4/004 3�0� F 1009 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ` J • BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST DEPARTMENT: COUNTY ATTORNEY DATE: January 14, 1993 PERSON REQUESTING: Bruce T. Barker, Assistant Weld County Attorney Brief description of the problem/issue: On January 12, 1993, I received a letter from Conrad Schuberth regarding his proposed donation to Weld County of property located in Casa Grande Estates, First Addition. The property is known as "outlot C. " The attached map shows in red where the property is located. It borders along Weld County Road 15. The property is one foot in width. It is my understanding that outlot C in Casa Grande Estates, First Addition, was created so as to provide a barrier to any one who purchase lot 17 from having access onto Weld County Road 15. Mr. Schuberth received the property by Quit Claim Deed on February 8, 1982, from CCR Associates. CCR Associates received the property by Tax Deed. Mr. Schuberth would like to donate outlet C to Weld County. He does not desire to keep the property, because it is more than a nuisance than anything else. He never looked to see what the property entailed prior to its purchase. Outlet C provides no useful purpose other than creating the barrier to Weld County Road 15. According to Mr. Schuberth, it makes sense for Weld County to have the outlot C so as to increase the width of the right-of-way. What options exist for the Board? There are two options for the Board. First, the Board may reject the donation. Second, the Board may accept the donation for right- of-way purposes. Recommendation to the Board: I recommend that the Board accept the donation of outlot C from Mr. Schuberth. If the Board approves of this idea, I will prepare a Quit Claim Deed for Mr. Schuberth to sign. I will sign it to him, get his signature, and then put the matter on a regular meeting agenda for the Board to formally accept the donation. BTB/db Attachment 930126 r Initial : Aperove Schedule Recommendation Work Session Other Baxter v Hall 1/ Harbert Kirkmeyer , Webster '/ wetschub.db 930126 • .. I ILO' WIDE) W 1 C` W ( W ( S /� A Of; a G G p'm 23 < a 24 P °s q 1 6,793 A::.t% $' a' 6.883 AC.�/- W q • o . CC 1 , 6.904 AC.'/- C a z ( II II ► I o ° I II II II o co o I I ► II II tI (SET V2H IRO CAPN PIN I I I 7 . F 15 h I —/vTILITY I I EASEMENT 1.0 314.81'— + 319.DO'---- --( L - 32000•11\--; L-e. w O° NOQi2 ae'E4 APACHE-17 5'S - ROAD- - 1 --.- 3I8541--J — 319.00 t - a`aoo'— —• r - I.0 fin/ "— UTILITY I EASEMENT . I It UTILITY I EA po 10' I 10' -+1 ,i- I0' . \4 I- i 10' � I Ic r LOT CIIi iWIOE ) !l S --7 11 it (ii 1 WI 4 or U m II °_ r to 17 W (6 w15 "N 10• 9 6.952 AC.+/- ."j a 6.946 AC.•/- 1� 0 6.275 AC.�/-� �y ^ � PN I I N.— X # 1• W y ) I I LLINS4,0 cn tor W- II I1 H Ia I N. z # q W I I w I I . Q co � 'Y. H C U cc_ W In W H N� I I + I M V}' Zuni_ n NII \ ail J p t ° 40 OJ w I q I I 313.03' 0 I �`'—y q I 1 I I m�1 ° • _11 L L ( , r WOO 3,03'W ID' 1 Fr- »— 16.54—\- C` — ..46' NW COR.WI/2 CJ - O SWI/4,SW(/4 • N00°57'16 E-615.01 — 1^ i6s.o3' SE(/4 SEC.17. 10+1 UTILITY EASEMENT 10'- ,F«IO' 1 10• o `�' I 1 N n 4.629 AC.•'/- p -isi A r •5 C p I /'�, N N N O N / '� i (wI/2 swva SW 1/4 $E va sEC. 17) nAC h fl 11/7\\•• \\\S .� q_. J d 0 t L5' UTILITY EASEMENT hi z h p -z 664.46' 6 • �' a a- wa 0 - Q,°O's5,v'W 81444' y 5.443 AC.' m4 '°z — Lo----614.44`. - T-- O NE COR.W I/2 _ " .t� � t13- 5 u-c' 's OUTLOT B 0 I N SE I/a,SWVa I I vw(� o :Ti (1.0 WIDE) M1 n SE I/4 $EC.(7 I CI N 4 & w elf) 4.421 AC.-/- = 930126 ul TIM Y 1 r _ C CONRAD E. SCHUBERTH 2502 N.CLARK ST. CHICAGO,ILLINOIS 60614 Ph. (312)248-3343 FAX(312)248-0913 ,•r 'Li ; vv a:LO COUNTY ._ATTORNEYS OFFICE January 6, 1993 Bruce Barker Board of County Commissioner of Weld County Colorado P.O. Box 758 Greeley, CO 80632 RE: 1 CA-OC Outlot C Dear Bruce: As per my recent conversation with you, I would like to donate to Weld County the following property: 1. CA - OCOutlotC Casagrande Estates 1st Addn. Sincerely, C r SCAlsind Conrad E. Schuberth CES/mw 930126 • C C C.. 6 T F- '� O C .•n. oa m ,n N '\ • a ' Ow 7% o -. ,p w - w • O � ' o = s X -� w o %.._.1 3 7S y -"�. w S w e 0 1 V 0 k N 7 f S ILI 5 - w ry I C w t W 0 + _ .! O 0 K n in 1'i `d.. N Z. 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W U •1r C� y J G x cc Q Q rn >,, 111 8 1' - -{ L1r E 4�..r' I"I 0. ?aye i cc y rJ Y O Yg .. ` ` ` . atr mF N � CI QC 4. v, V N _ H s SSA j •• e d 1.L.. �. r :.t . n z d c o C • �n ,•�_....r. r. N m 'm m W ot rn r W 4 -,C '—t .O ... 5 P cc . Lc d tE f•' 9 .. w ° S w 5 � � ›, 'w i w S T J k O W 'c d WCI e . = z zca V .. rtz — z t 8 a 5 z o S r N o } o .c N 0 41 x 4 - d • 00 a o Or ,2c• w @ a v x :� - a,, ,, 4.I _ v + 2 c r1 c : V m 07 m .� o U' .+a _ . In J V u. o• O m r.. .. H. C o () ZW A Fes.. •a N � -I 2 . 2,,, .4) •-••cc c..1O 4 '& I- 3 .., ,t; 7V t3 gv ro 'r U' H 'Q (.4 17 V O U 9 N' . Imo!! y t% �i Vla Q a , _ in co = >, o .V. 5 U . -0 + .O F .i 0C 4 ) 430 AR'18A2bD7 Ft 0960 REC 01882607 02/10/82 08:5a $3.00 1/001 MARY ANN FEUERSTEIN, CLERK 6 RECORDER, WELD COUNTY, CO —_ - •-- — ..—.._ -- -- ..---—. - �— - RECORDER'S STAMP I THISRtAi oe •1.1 '1,.98 THIS DEED,), Made this ®..w.l day of FeB between C, C , lg . ASSOCL41ES II or the County of GOOK and state of F ` e 40.0f the first part,and fCL/Nell I C ONRRA e. Scentheg H 93S EBsr5R wnune legal add rests is (,(/• ((� ! of the County or c 001< /It note of �cf',YO(f 6'04.7y 1 Colorado,of the second part. W ITN ESSETII,That the sold part of the first i not.for Lind in consideration of the sum of III DOLLARS. I to the said part of the first part in hand paid by tic' nid part of the second pa rt.the receipt whereof i is hereby eonfexsed And acknowledged. hu remised. released, sold, conveyed and QUIT CLAIMED.and by these I' presents do rep ll,ise,release,sell,convey and QUIT CLAIM unto the said part of the second part, heirs, successors and assigns.forever,all the right,title,interest,cI:U nI and delnarlll which the said part of the first port I II ha in and to the following described lot or pn feel of land situate,lying and being on the Cots my of W EGO and Stntl•of Colorado,to wit: Our1 OT C C ASA GRhNPO E S-r19r(5 (9r A-vpN. O I I C fvR T17LE fvvRPoier OILY if I I, i li li also known as street and number TO HAVE ANI)TO HOI,U the SA ale.together with all and singular the appurtenances And privileges thereunto (i I belonging or in anywise t beret,lair appertaining,and all the estate,right.title.interest and chat m whatsoe ver.of the ' said part of the first port,sit her in law or equity,to the only proper use,benefit and behoof of the said part of 'I! • the second part, heirs and assigns forever. li IN WITNESS wit ER lo r.The said port of the first part ha hercunte set hand I' and seal the day and ye:lr first n hove written. O ,� f+ C,. C_. R. AS.S.,o c0trW --—..ISEALi I •I I Signed.Staled and Delivered in the I'resenec of It B 3gSEALi iA. � �1�1��9__ _ Y oar o • S C H UBERrN II �!} ,.JLI II SEA :/ (C-CiN Oa 'SEAL] Ir STATE 0 t'a ei_-ttn`Mrt1. )lII I !I 1 nn. I County or COO K J The foregoing instrument was Acknowledged before me this SO day of / it peon•...., I. 19(74". gC-swr..J' C _ci-G-LQ n se`ee �rRo rr'. IMy commission empires f &ta..i/ ,F .1973 Vitnens my hood and official seal. �\Th��vf�•.• •,• �'�r'_ l l _i= ice- y n '0 1 / t c5iltita-•• ��' (M Per � -� - = 0 •• o . I! �,42.%1rtnnAirxlrt r I 4. t Ii 930126 I' No.933. QUITCLAIM DKCO;Dndford cobllkM,g.I:,4)wepllla Avenue,Goiden,Colosdo Ogg-O9)1776o••e-LAO h.-'I RESOLUTION AR23215sa RE: VACATION OF PORTION OF WELD COUNTY ROAD 23, SOUTH OF WELD COUNTY ROAD 18 WHEREAS, the Board of County Commissioners of Weld County. Colorado, pursuant to Colorado Statutes and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, § 43-2-303, C.R.S.. allows the Board of County Commissioners to vacate any roadway or any part thereof located entirely within the County if such roadway is not within the limits of any city or town, and WHEREAS, in the Fall of 1991 the Weld County Road and Bridge Department straightened Weld County Road 23, south of Weld County Road 18, so that it is now entirely within the previously reserved road right-of-way being 30 feet on either side of the section line between Sections 25 and 26. Township 2 North, Range 67 West of the 6th P.M., Weld County. Colorado, and WHEREAS, said straightening of said portion of Weld County Road 23 has left a triangular-shaped property of roadway vacant and unused for roadway purposes, and WHEREAS, the Public Service Company of Colorado has requested that the triangular-shaped property be vacated, reserving, however, a right-of-way or easement for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances, and WHEREAS, after due consideration and deliberation, the Board of County • Commissioners now deems it desirable to vacate said triangular-shaped property which is located on the east side of the now existing road right-of-way for Weld County Road 23. and which property is generally described in the attached Exhibit "A", with the reservations mentioned. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado that it now vacates the property which is described in the attached Exhibit "A", reserving, however, a right-of-way or easement for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances for ditches or canals and appurtenances, and for electric. telephone, and similar lines and appurtenances, as authorized pursuant to 5 43-2- 303(3), C.R.S. 930127 B 1370 REC 02321558 02/11/93 15:47 $0.00 1/003 F 0999 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO a003a CC.'. 56 Atli-6c 1911-V rz Koefrg. -rte VACATE WELD COUNTY ROAD 23 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of February. A.D., 1993. (/�' J/)� /� BOARD OF COUNTY COMMISSIONERS ATTEST: ,� j i aiLL WEL COUNTY, COLORADO Weld County Clerk to th Board (�— t7 �,.-.i<%��i: Constance f L. arbert, Chairman t BY: / lY ei L t;1 '.tom Deputy .Cler )1t.lo the Bo W. H. bster. Pro- em • ,, r !(yl APPROVED, AST FORS,; orge . BCounty Attorney Dal K. Hall Barbara J. Kirkmeyer.- B 1370 REC 02321558 02/11/93 15:47 $0.00 2/003 F 1000 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930127 PROPERTY DESCRIPTION Vacation of Weld County Road #23 Right-Of-Way All that part of the Right-Of-Way (ROW) of Weld County Road (WCR) #23 as contained within the Northwest Quarter(NW1/4) of Section Twenty-five (25),Township Two(2)North,Range Sixty-seven (67) West of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado lying East and South of the following described line: BEGINNING at the Quarter Corner common to Sections 25/26-T.2N:R.67W. as monumented by a found BLM monument and considering the West line of the said NW1/4 to bear North 00°28' Pass as indicated on the Dependent Resurvey of part of this township as performed by the Bureau of Land Management (BLM), approved and dated September 16, 1953 with all other bearings contained herein relative thereto: #1: THENCE South 89°28'30" East a distance of 30.00 feet to a point on the Easterly ROW line of WCR #23. Said point being the TRUE POINT OF BEGINNING of said line description: #2: THENCE North 00°28' East along a line parallel with and Thirty feet (30') Easterly of as measured at right angles to the West line of said NW1/4 a distance of 1604.71 feet to the point of intersection with the Southerly ROW line of the existing WCR #18; THENCE along the Southerly ROW line of the existing WCR #18 by the following two (2) courses and distances: #3: South 80°59'22" East a distance of 37.76 feet; #4: South 83°11'01" East a distance of 201.55 feet to the TERMINUS POINT of said line description. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor, do hereby state that this Property Description was prepared under my personal supervision and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. REGis , r Charles B. Jones ' / 993 Colorado Registered Pr • / • Land Surveyor #22098 '••»•••' JONES - WININGER Professional Surveyors, Inc. A 713 4th Street EXHIBIT "A" 930127 Greeley, Colorado 80631 (303) 352-4700 B 1370 REC 02321558 02/11/93 15:47 $0.00 3/003 F 1001 MARY ANN FEDERSTEIN CLERIC & RECORDER WELD CO, CO ist;ingmEmoRAnaum Board of County Commissioners February 1, 1993 COLORADO prom To Den Bruce T. Barker, Assistant County Attorney sub;«,Vacation of a Portion of the Right-of-Way of WCR 23, Immediately South of WCR 18 In the Fall of 1991, the Weld County Road and Bridge Department straightened the roadway for Weld County Road 23, as it proceeds north toward its intersection with WCR 18. The realignment placed the roadway 30' on either side of the section line between Sections 25 and 26, T2N, R67W. In the process of the realignment, the roadway was moved to the west approximately 50' at its intersection with WCR 18. This then created a small triangle of property which the County is no longer in need of. Attached is a copy of a letter dated July 2, 1992 and a Work Session Request dated August 28, 1992 regarding the vacation of this triangle property. The Public Service Company of Colorado desires to have the triangle vacated. I recommend that the Board vacate the triangle area. It provides no benefit to the County. The triangle area is described in the attached legal description produced by Chuck Jones, Surveyor for Weld County. BTB/gb:wcr2318 Attachments 130127 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST DEPARTMENT: COUNTY ATTORNEY DATE: August 28, 1992 PERSON REQUESTING: Bruce T. Barker, Assistant Weld County Attorney Brief description of the problem/issue: Attached please find a copy of a letter which was sent to me by the Public Service Company of Colorado regarding Weld County Road 23, south of WCR 18. Also attached is a copy of a map which shows the roadway prior to its being realigned along the section line. George Goodell straightened the roadway in the fall of 1991. Mr. Robert Stamm was very upset about the roadway realignment at that time. Mr. Stamm and his wife own the property located on the southwest corner of that intersection. Mr. Stamm's concern didn't make any sense at the time, given that the realignment of the roadway provided him with additional area for pasture. George even went so far as to move the fence for Mr. Stamm. The Public Service Company would like the County to vacate that portion of the old roadway which is east of the realignment. In the process, however, Public Service would like the County to reserve rights-of-way for gas, electric, and telephone lines which are currently located beneath the old roadway. I have asked Chuck Jones to provide us with a description of the triangle shaped area which will be vacated. It should not take much time, effort, or expense for him to do the work, because he performed some of the surveying work when the realignment took place back in 1991. What options exist for the Board? The Board has two options: A. Vacate the portion of the old roadway which is off of the realigned right-of-way. B. Don't vacate the old roadway. Recommendation to the Board: I recommend that the Board put the matter on the agenda to consider the vacation. I also recommend that the Board approve the vacation. 9301.27► Public Service® Public Colorado 2701 W.70,Avenue Denver.CO 82044114 July 2, 1992 TA 50,5RBruce Barker ;'•1 jU c 1992 ��; ; Assistant Weld County Attorney )i `1 F.O. Box 1948 EHp"CCISNTY Greeley, Co 30632 ATTCR�IEY'S CF ICE Re: Weld County Road 23 Mr. Barker: As per our conversation we would like to request that Weld County proceed with the vacation of that portion of Weld County Road 23 which was relocated South of Weld County Road 18 approximately 1600 feet in length. Also as you are aware, we have existing facilities within this area and would like Weld County to maintain .reservation for these utilities. If you have any further questions or comments, my number is 571- 3522.j2joecaa Edward M. Barella Right of Way Agent EMB: lm • 9201.27 PROPEWS Y DESCRIPTION Vacation of Weld County Road #23 Right-Of-Way All that part of the Right-Of-Way (ROW) of Weld County Road (WCR) #23 as contained within the Northwest Quarter(NW1/4) of Section Twenty-five (25),Township Two(2)North, Range Sixty-seven (67) West of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado lying East and South of the following described line: BEGINNING at the Quarter Corner common to Sections 25/26-T.2N.-R.67W. as monumented by a found BLM monument and considering the West line of the said NW1/4 to bear North 00°28' East as indicated on the Dependent Resurvey of part of this township as performed by the Bureau of Land Management (BLM), approved and dated September 16, 1953 with all other bearings contained herein relative thereto: #1: THENCE South 89°28'30" East a distance of 30.00 feet to a point on the Easterly ROW line of WCR #23. Said point being the TRUE POINT OF BEGINNING of said line description: #2: THENCE North 00°28' East along a line parallel with and Thirty feet (30') Easterly of as measured at right angles to the West line of said NW1/4 a distance of 1604.71 feet to the point of intersection with the Southerly ROW line of the existing WCR #18; THENCE along the Southerly ROW line of the existing WCR #18 by the following two (2) courses and distances: #3: South 80°59'22" East a distance of 37.76 feet; #4: South 83°11'01" East a distance of 201.55 feet to the TERMINUS POINT of said line description. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor, do hereby state that this Property Description was prepared under my personal supervision and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. RIGis Charles B. Jones :4' ea 221 Colorado Registered Prof Sional Land Surveyor #22098 t,, 4L LANG, JONES - WININGER Professional Surveyors, Inc. 713 4th Street Greeley, Colorado 80631 - (303) 352-4700 93012"7 a Initial: Approve", Schedule Recommendat n rjWork Session Other Lacy V,y Kennedy U Kirby / Harbert G// Webster ver er77.ab 9301.27. • tF ! A I ' I • .4°' M. i . t6 • , it IC5. ..., h !+f �• W ) t.., •rte +u' S .etti Y". al 1; 1t0M! Or b r• t Vhf 1.:. '3 �JyF 2SV.- a c-reii_ Iry r'1. ♦"'tlti�F4' t 4 A t 1 17 .:.e.:7‘.,. .' of °.1 r �;y Tr i'� • _,7 i A Fa 1 d t yr '.'I t i - , ` .✓ 'i k I l .:1t r'j 4....-III.). - ',Jai...-r r ' } ".. ' • , .1 ♦: ° •`);;;,•" / 'G a"ttt 4, yr • �'� F �"� ..tf T�r1 if,-.. 1 ,y i I.At'fti• •0` :± K 1 ".i17'5- tL L}4 {{ / :, YSY r" * , _..' • c 'y�'nt.r'�r%';iY 73:.tL a. /- '' 4 ri t'� '.T'� »; . _ �'�, ,�s • I . r.. H a'Sf �f 4 �A'�~)•,.6,; -. +T+ `FF_� �J. !it 7 ° 'v „ 1 " I -• ' y kx �I, y j'•1/ i, ' tFA 'nl.•t1`T .1..','set. 1-" .�..� - Th' : ' 7 P I I i • ?tr, -. . . , .H+u.!,- L ,s t.. . r lW.reyy • �_ • 1� yt J J� .04 / .,„:*:-../t , • ' ,r yJ �1�1 I+ It, _-- ~ .__ •1 I.w. S"may r: •., i I/ . • ;I X71 • �`i' RESOLUTION RE: APPROVAL OF COMPOSITION OF WELD COUNTY SHERIFF'S DEPARTMENT COMMITTEE ON DISPOSITION OF FORFEITED PROPERTY, PURSUANT TO SECTION 16-13-702(3). C.R.S. WHEREAS, the Board of County Commissioners of Weld County. Colorado. pursuant to Colorado Statutes and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, g 16-13-702, C.R.S., mandates the creation of a committee to govern the disposition of forfeited property for any seizing agency, and WHEREAS, the Weld County Sheriff's Office frequently seizes certain property which, according to statute, must be disposed of, and WHEREAS, the Board of County Commissioners and Weld County Sheriff acknowledge that it is necessary for a committee to be formed in order to dispose of said property which is seized by the Weld County Sheriff's Office, pursuant to 516-13-702, C.R.S. WHEREAS, the Board has deemed it advisable to name said committee The Weld County Sheriff's Department Committee on Disposition of Forfeited Property, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County of Weld County, Colorado. that: 1. The Weld County Sheriff's Department Committee on Disposition of Forfeited Property be, and hereby is, established. 2. The Weld County Sheriff's Department Committee on Disposition of Forfeited Property shall consist of three members, as follows: A. the Weld County Sheriff, or his designee; B. the Chairman of the Board of County Commissioners of Weld County, Colorado, or a designee thereof; and C. the District Attorney of the 19th Judicial District, or a designee thereof. 930128 S0011 CC: SO; BC- RE: ESTABLISH COMMITTEE page 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of February. A.D., 1993. n � ,� /�/GG2� �J BOARD OF COUNTY COMMISSIONERS ATTEST:/EyIOlUU) �/1(Tl/;/(A// '{"�p�,t, L COUNTY, COLORADO Weld County Clerk to the Board C a or Constance L. rbert, Chairman BY• / eputy CI 'to the Boar W. H. a stet, Pro %�, APPROVED AS FORM: ' y orge E. axt r County Attorney Dale K. Hall �Ls 44 IrfAintru /Barbara J. Kirkmeyer 930128 a RESOLUTION RE: APPROVE DIVISION ORDER TO VESSELS OIL AND GAS COMPANY 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 WHERCAS, Weld County, Colorado, has received a Division Order to Vessels Oil and Gas Company, 1050 17th Street, #2000, Denver. Colorado 80265, and WHEREAS, said Division Order covers land more particularly described as follows: Township 2 North, Range 66 West, 6th P.M. Section 18: Ej SW} Weld County, Colorado WHEREAS, Weld County is entitled to a one-eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest, Weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Division Order has been reviewed by a member of the Weld County Attorney's staff and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Division Order to Vessels Oil and Gas Company, 1050 17th Street, #2000. Denver. Colorado 80265, on the hereinabove described parcel of land be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 930129 LEODS3-- CC , V aab (p &J DIVISION ORDER - VESSELS OIL AND GAS COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following vote on the 3rd day of February, A.D., 1993. BOARD OF COUNTY COMMISSIONERS nefeil ATTEST: � L�� WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. Harber , C airman / -BY: 44_,..f./26/../triaoc.-4-i ,t Deputy Ck tod W. H e s� r/o(I) em APPROVED AS FORM: G 4e7sa ter . L ounty Attorney Dale K. Hall arbara J. Kirkmeyer 930129 1 It LLD COL'XTY VESSELS OIL & GAS COMPANY C'„ 711'Sjr,„73S SUITE 2000.PRUDENTIAL PLAZA•1060 SEVENTEENTH STREET•DENVER,COLORADO 63285 fl"l „1(P!? I I ei 9, S3 303 826.3600 THOMAS 0.VESSELS,grirm.n a m.BOW THOMAS J.VESSELS President I it January 7, 1993 Weld County Colorado Board of County Commissioners P. O. Box 758 Greeley, CO 80634 Oil and (Jas Production Interest - Weld County. Colorado Highland Well#1 & #2 (VOG #91240 & #91421) Gentlemen: In response to the letter dated September 23, 1992, from Ms. Debra Milano with Basin Exploration,Inc.,in connection with the subject property,enclosed is the necessary division order for approval. Please review the division order and if it meets with approval, have it signed as provided and return the signed order to my attention. I hope the enclosed is satisfactory. Please let me know if there is anything else which you need, or anything further which I can do to help you. Very truly yours, Vessels Oil & Gas Company -$7441446/E4 Fred E. Abernathy, . Y Eeao.ed, DWf.l.e OS.. eew/oaech Ms.Debra Ma Ms.Sin Jae LTR921DO-DASIN.01A 9,30129` 1-,a °°8a. • AR232J.ss9 no.9zesnowamos: DIVISION ORDER To: "Vessels" Oil & Gas Company Wells: SEE EXHIBIT "A" 1050 17th St., #2000 No. : SEE EXHIBIT "A" Denver, CO 80265 Date : January 7, 1993 Each of the undersigned certifies, guarantees and warrants that they are the legal owner of or have valid contractual or other legally binding authority to sell and deliver, in the proportion set forth opposite their name below, all the oil, gas and associated substances, or proceeds from the sale of oil,gas and associated substances,produced from or attributable to the well or wells located in the County of Weld, State of Colorado described on attached Exhibit"A"Ithe"Property"); Effective as of August 1, 1992 at 7:00 am.local time(the"Effective Date"), including suspended proceeds from sales of production, and until further notice from the undersigned in writing, subject to all of the provisions hereof, Vessels is authorized and directed to receive all of the Production of oil, gas and associated hydrocarbons (the "Production")produced therefrom, purchase such Production and to give credit for the undersigned's share of Production produced and sold front the Property as follows: See Exhibit "A"for division of interests which is attached to and made a part of this Division Order. The following covenants are part of this Division Order and shall be binding on the undersigned, their respective successors,legal representatives, and assigns. 1. All payments attributable to the interests of the undersigned in Production from the Property shall be made on the basis of the contract price received by Vessels from the sale of such Production (or, if there is no contract. on the basis of the net price actually received by Vessels with respect to such Production), after deducting taxes and costs as provided in such contract and in this Division Order. Payments made hereunder shall be made on the basis of the volume computations made by the purchasers of the Production taken or sold from the Property. The undersigned agrees that you shall have the sole discretion as to the terms of any contract of sale. 2. If all or any part of the Property is now or hereafter included in any unit established by voluntary agreement or governmental order, settlements hereunder shall be based on the unit Production allocated to the Property. If Production from the Property is now or hereafter commingled with Production from lands or formations,settlements hereunder shall be based on the commingled Production allocated to the Property. In determining such allocations, the Production data furnished by the operator shall control. 3. Payments shall be made monthly by Vessels checks delivered or mailed to the panics entitled thereto at the addresses set forth herein; provided however, that if the proceeds accruing to any interest hereunder shall be less than Twenty Five Dollars ($25)for any month,.Vessels is authorized to defer payments, without interest, until such time as the accumulated payments equal or exceed Twenty Five Dollars($25), provided further that payment of all accumulated accounts shall be made annually in December. Vessels is authorized to withhold from all payments made hereunder the amount of any tax,including penalties and interest, imposed by governmental authorities on the Production from the Property and to pay the same on behalf of the undersigned. 4. If any claim is made which in Vessels' opinion adversely affects title to any interest covered hereby, each of the undersigned affected by such claim agrees immediately to furnish Vessels written notice of such claim. In the event of any such claim,or in the event title to any interest in the Property covered hereby is not satisfactory to Vessels, each of the undersigned authorizes Vessels to defer all payments attributable to the interest so affected,without obligation to pay interest on the amount so deferred,until such claim or title question is corrected or removed to Vessels satisfaction. Each of the undersigned further agrees to indemnify and hold Vessels harmless from and against any and all loss,liability,claim or expense,including attorney's fees,arising out of the payment to the undersigned of the proceeds of Production attributable to their interest. 5. Vessels shall not be responsible for determining when any interest hereunder shall change by increase, decrease. termination, reversion or otherwise, and each of the undersigned agrees to notify Vessels of any change of ownership affecting their respective interest. Until such written notice is received by Vessels. Vessels is authorized to remit pursuant to the division of interest credited hereunder and Vessels shall be held harmless against any and all loss,liability claim or expense. including attorney's fees, arising out of Vessels' failure to receive such notice. 6. No transfer of any interest or change in the right to receive payments,however accomplished, shall be effective as to Vessels until 7:00 am. local time on the first day of the calendar month following the month in which you are furnished proper division or transfer orders and proof satisfactory to Vessels of such transfer or change. Until such documents have been furnished, Vessels is authorized to defer payments attributable to interests so affected, without obligation to pay interest on the amount so deferred, and Vessels is released from any and all liability for payments made prior thereto. 7. The undersigned hereby expressly adopts,ratifies and confirms their respective division of interest as herein set forth as well as each oil and gas lease, unit declaration or agreement, oil and/or gas sales or processing agreement, and all amendments thereof,under which Production covered hereby is produced, processed and sold. In the event of overpayment to any owner, Vessels is authorized upon discovery of such overpayment to recoup the amount of overpayment from future accruals to this or any other leasehold interest of such owner for which Vessels makes settlement, If,at any time,a refund of a portion of the proceeds derived front the sale of oil or gas is required under any order, rule or regulation of the Federal Energy Regulatory Commission or provisions of the Natural Gas Act or Natural Gas Policy Act of 1078, the undersigned agrees to refund all such proceeds, together with Interest thereon, due and applicable with respect to the undersigned's portion of such refund. B 1370 REC 02321559 02/11/93 15:48 $0.00 1/004 F 1002 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO 9't1,9 • MMlp MOIIMMIIMIla DIVISION ORDER January 7, 1993 Page Two 8. Vessels is authorized to make a fair and reasonable charge for gathering, compressing, dehydrating or otherwise making the undersigned's share of gas merchantable, and for transportation if gas is sold off the Property. Vessels is further authorized to deduct a fair and reasonable charge for transportation where necessary to make the oil merchantable. 9. This division order shall become valid and binding on each owner. their respective successors, legs representatives and assigns, as soon as signed by such owner, regardless of whether or not all have so signed. This Division Order may be executed in one or more counterparts, and all counterparts so executed shall constitute one original instrument. 10. Payments to the undersigned hereunder shall be subject to all present and future federal, state and local laws, regulations and orders. 11. Any written notice required or permitted hereunder may be given to the party to be notified at the addresses provided herein. VESSELS WILL NOT MAKE PAYMENTS TO YOU UNTIL YOUR CORRECT SOCIAL SECURITY NUMBER OR FEDERAL TAX IDENTIFICATION NUMBER HAS BEEN PROVIDED TO VESSELS. ALL SIGNATURES MUST BE WITNESSED BY SOMEONE OTHER THAN A RELATIVE, AND CORPORATIONS MUST HAVE THE CORPORATE SEAL AFFIXED HERETO AND PROPERLY ATTESTED. YOUR CORRECT MAILING ADDRESS MUST BE SHOWN BELOW TO RECEIVE PAYMENTS. 444 i 1 7) 7// / (b(7-t-firi-7,--4-- d_-1-eia-Zie., Attest xtness:L� � �I Chairman, Board of County Commissioners «,08,93. WELD COUNTY CLE T9AIE BOARD Social Security #_ _ BY:/XYtirf="'Al, /'a, tom-. • or ' DEPUTY CLERIC TO THE BOARD— ) Federal Tax ID # 84-6000-813 Date Signed: 2/3/91 Name & Address: Wvtd County Rnw& of Cnmmiastioners 915 10th Street, P.O. Box 758 Greeley, CO 80631 • Attest/Witness: Social Security # or Federal Tax ID # Date Signed: Name & Address: DO.92tSDo.WELD.ce2 B 1370 REC 02321559 02/11/93 15:48 $0.00 2/004 F 1003 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • . �p 9�0tZ9 ir I ; , „• , m , I I ' ,I I I , I IIIIII I I I I i I I ; I N ,-,.'"*"Iii .-I I I l I I ' I 1 . , 1 1 I I 1 ' P ; I I I I I 0, I m I CO' , I ! 1 1 j 1 I I I i , z ; I • ' I I I ' I I I + I I : I I'! ! ; ; II I I I , , 1 I ( , I f-,11 ...3 i I 1 I ' ll " . ; ] ' ;1 I i I I 1 I ! I I j 1 1 1 ' ' 1 • ; ; I C,I j Kl I I I ' 1 1 ; 1 I i , 1 • • i I I ' 1 j , I ; I o, j 7J ' II , : j ii : , I • I I I I ' , • I • ! ' I I m ' m ! • 1• 1 1 • 1 •• : l 1 l 1 • ' I ' • I i I I i I , ' I ' I I I O• I n' C • 1 1 1 1 I I I I I I l I • ' j I 1 I I Iii ; • • • • • . 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' I ' , N 0 , N ..1 ' -1 m; .-cl I •••••6 . r . r.• i O Cr-' ' Cr-r' w, Li •0: ,-- , , 0- rd a \m • m O N , •0 , Lit I in i O C. N. -0 a m u;• O ' C' in w , . in; ; in - ' 0- 0: In. 0• CO. mm' P O n H C„ ' 0 Iq G 0 1 •0 r- 0 \ •� V U7 O, v N G O O O -i WN B 1370 REC 02321559 02/11/93 15:48 $0.00 4/$biU129 ' ; ' F 1005 MARY ANN FEUERSTEZN CLERK & RECORDER WELD CO/ CO INSTRUCTIONS TO ALL INTEREST OWNERS READ CAREFVLLY BEFORE SIGNING YOUR DIVISION ORDER Other than as instructed herein, the enclosed division order should not be altered in any way unless when returned to Vessels, you also provide • us with evidence to support any changes and the division order is dated and initialed by the signing party where such changes are made on the division order. If your name and interest are correctly shown on the Exhibit "A" to the division order: SIGNATURE: Sign your name where provided on page two of the division order and print or type your name below the signature line. Have your signature witnessed by one person not related to the signing person(s) . If signing for a corporation, your signature must be attested, corporate seal affixed, and title of signatory parties shown. If signed for a partnership, all partners must sign unless signed by an authorized partner and Vessels is furnished a certified copy of his or her authority. SIGNATURE BY SECOND PARTY: If this division order is signed by an agent, or an attorney-in-fact, guardian, estate representative, trustee or any party other than the named interest owner, Vessels must be provided evidence of the rights vested in the signatory party. FEDERAL TAX PAYER'S IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER: Insert your number in the space provided. MAILING ADDRESS: Insert in the space provided. Please print or type. Do not abbreviate. If you are already receiving checks from Vessels, be sure to use the same address to which Vessels is now mailing checks. PROPERTY/WELL NUMBER AND NAME: In the upper left-hand corner of the Exhibit "A" to the division order you will find the number and name assigned to this property. This name and number will appear on the statement attached to your check and should always be used when corresponding with Vessels . CHANGE OF ADDRESS: You should notify Vessels promptly in writing of any change in your mailing address. This notice must be over your own signature, or the signature of your appointed agent. Always include your Owner Number (which appears on your check) and your old address then state your new address with zip code. FOR PAYMENT: Return one signed division order to: VESSELS OIL & GAS COMPANY 1050 - 17TH STREET, SUITE 2000 DENVER, CO 80265 INFORMATION: If you have any questions regarding the division order, please contact Fred Abernathy, Jr. at (303) 825-3500. INSTRUCTIONS TO ALL INTEREST OWNERS READ CAREFULLY BEFORE SIGNING YOUR DIVISION ORD ' 1 OFFICE OF COUNTY ATTORNEY PHONE(303)356-A000 EXT.4391 P.O.BOX 1948 IGREELEY.COLORADO 801532 111 C. COLORADO January 12, 1993 Vessels Oil and Gas Company Attn: Fred Abernathy, Jr. Suite 2000, Prudential Plaza 1050 17th Street Denver, CO 80265 RE: Division Order for highland Well No. 1 and No. 2 Dear Mr. Abernathy: Enclosed is a copy of a Division Order which was received by the Board of County Commissioners of Weld County, Colorado on January 11, 1993. As you can see, the Division Order is for the wells known as the Highland No. 1 and No. 2. Before I recommend to the Board of County Commissioners that they sign the Division Order, I respectfully request that you provide me with some information to explain how the lease interest for Weld County on each well was calculated at .00112500. Please call me at (303) 356-4000, extension 4389, if you wish to discuss this matter over the phone, or send any writing to me at: P.O. Box 1948, Greeley, Colorado 80632. VefJrryy1 truly yours, L/!-Bruce T. Barker Assistant Weld County Attorney BTB/db Enclosure pc: Clerk to the Board • 930129 N ""---VESSELS OIL & GAS COMPANY SUITE 2000,PRUDENTIAL PLAZA•1060 SEVENTEENTH STREET•DENVER.COLORADO SOS 303 826.7600 THOMAS 0.VESSELS,CAumw d the%sea THOMAS.1 VESSELS.Mulct c �'� January 28, 1993 Mr. Bruce T. Barker JAN 2 9 1993 Weld County Box 1948 w LD CO 80632 A RcY•g 4-n4-Fitz C Weld County Oil and Gas Production Interest HIGHLAND WELLS #1 & #2 Township 2 North, Range 66 West 6th P.M. Section 18: East-Half Southwest Quarter (E/2SW/4); )'Veld County, CO Dear Mr. Barker: This is written in response to your letter dated January 12, 1993, regarding the captioned. Vessels purchased its interest in the subject wells from Roemer Oil Company and took over as Operator effective October 1, 1991. Basin Exploration, Inc., a Non-Operator working interest owner, in their letter dated September 23, 1992,requested that Vessels make payment to Basin covering only its net revenue interest and make payment to all royalty owners on behalf of Basin. Vessels agreed to comply with Basin's request beginning with August, 1992 production. Vessels has not updated nor verified title covering interests in leases and tracts which we have no leasehold interest We have relied upon the division of interest ownership information provided to us by our predecessors in title and Basin, and the warranty and indemnification provisions contained in our division order provide further protection against any errors or incorrect payments as a result of this reliance. Also,Basin has informed us that the Weld County mineral interest is covered by a leasehold interest acquired from Nielson Enterprises, Inc. (Gen Oil) effective October 1, 1990, and the Weld County production interest shown on the division order has been calculated as follows: WELD COUNTY Weld County Weld County HIGHLAND Weld County Lease HIGHLAND UNIT Mineral Interest Lease Acreage Unit Acres Landowner Royalty LANDOWNER ROYALTY 1/2 x 1.44 / 80.00 x 1/8da = 0.1125% In researching our files I am unable to locate title opinions, lease copy or other documents to verify the accuracy of the above formula and the Weld County oil, gas and mineral interest. If you need additional title information, I recommend that you contact Basin Exploration, Inc. 330129 mamma Mr. Bruce T. Barker Weld County January 2;3, 1993 Page Two I hope this information is helpful to you and satisfactory for you to now recommend to the Board of County Commissioners that they sign the Division Order provided to you in my January 13. 1993 letter. Thank you for your letter and response with this request Please let me know if there is anything else which you need, or anything further which I can do to help you. Very truly yours. Vessels 0,1 & Gas Company a* Ill red B. Abernathy, Jr. M.Debra Moro Dean Byaa.■uaa rwG 3701710 St.State 1800 Deaver,CO 80202 LTt 3.TQ-MWF1.D.01A 930129 ft\' i MEMORAnDum WID ' ToBoard of Co. Commissioners 0ete February 2, 1993 COLORADO F, Bruce T. Barker, Assistant Weld County Attorney Subject; Division Order Request From Basin Exploration, Inc. , and Vessels 031 and Gas Company. The Board of County Commissioners has received a request from Basin Exploration, Inc. , and Vessels Oil and Gas Company for the Chairman's signature on a Division Order for oil to be produced from the East half Southwest quarter of Section 18, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado. I was uncertain as to how Vessels calculated the royalty interest for Weld County at . 1125 per cent. The explanatory letter from Fred Abernathy, Jr. , is attached. The lease acreage of 1.44 acres is derived from a map of the Division No. 1 Subdivision. Attached is a copy of the plat which shows in yellow where the 1.44 acres is located. The one half mineral interest for Weld County is derived from the fact that Weld County conveyed one half of the oil and gas mineral interests in Lot 7 in 1988. A copy of the deed which transferred this interest is attached. I recommend that the Board authorized the chairman's signature on the Division Order from Vessels Oil and Gas Company. / ------3 .----ir, ,i,„...t_ / A / 1.---___ uce T. Barker BTB/db Attachments 930129 t • • --VESSELS OIL & GAS COMPANY SUITE 2000,PRUDENTIAL PLAZA•1050 SEVENTEENTH STREET•DENVER,COLORADO 80265 303 8253500 ' THOMAS VESSELS. N OVT, r Board TnOM/.S 4.�.VESSELS Rvua,•t Wm January 28, 1993 Mr. Bruce T. Barker JA's! 2 9 1993 `I Weld CountyThiry U Greeley, CO 80632 A774RNEYSO OFF rC6 Weld County Oil and Gas Production Interest HIGHLAND WELLS #I & #2 Township 2 North, Range 66 West 6th P.M. Section 18: East-Half Southwest Quarter (E/2SW/4); Wed County, CO Dear Mr. Barker: This is written in response to your letter dated January 12, 1993, regarding the captioned. Vessels purchased its interest in the subject wells from Roemer Oil Company and took over as Operator effective October 1, 1991. Basin Exploration, Inc., a Non-Operator working interest owner, in 'heir letter dated September 23, 1992, requested that Vessels make payment to Basin covering only its net revenue interest and make payment to all royalty owners on behalf of Basin. Vessels agreed to comply with Basin's request beginning with August, 1992 production. Vessels has not updated nor verified tide covering interests in leases and tracts which we have no leasehold interest. We have relied upon the division of interest ownership information provided to us by our predecessors in title and Basin, and the warranty and indemnification provisions contained in our division order provide further protection against any errors or incorrect payments as a result of this reliance. Also,Basin has informed us that the Weld County mineral interest is covered by a leasehold interest acquired from Nielson Enterprises, Inc. (Gen Oil) effective October 1, 1990, and the Weld County production interest shown on the division order has been calculated as follows: WELD COUNTY Weld County Weld County HIGHLAND Weld County Lease HIGHLAND war Mineral Interest Lease Acreage Unit Acres Landowner Royalty LANDOWNER ROYALTY 1/2 x 1,44 / 80.00 x 1/8th 01125% In researching our files I am unable to locate title opinions, lease copy or other documents to verify the accuracy of the above formula and the Weld County oil, gas and mineral interest.• If you need additional title information, I recommend that you contact Basin Exploration, Inc. 920129 Mr. Bruce T. Barker Weld County January 28, 1993 Page Two J hope this information is helpful to you and satisfactory for you to now recommend to the Board of County Commissioners that they sign the Division Order provided to you in my January 13, 1993 letter. Thank you for your letter and response with this request. Please let me know if there is anything else which you need, or anything further which 1 can do to help you. Very truly yours, Vessels Oil & Gas Company hit n red E. Abernathy, Jr. cc Ms.Debra Milano Basin Exploration,Inc. 370 17th St.Suite 1800 Denver,CO 80202 L7R.91TR-VELD.03A 920129 t. • OFFICE OF COUNTY ATTORNEY PHONE(303)356-4000 ca.1348 P.O SOX P.O.90X 1918 GREELEY,COLORADO 80632 tfp II1Dc COLORADO January 12, 1993 Vessels Oil and Gas Company Attn: Fred Abernathy, Jr. Suite 2000, Prudential Plaza 1050 17th Street Denver, CO 80265 RE: Division Order for Highland Well No. 1 and No. 2 Dear Mr. Abernathy: Enclosed is a copy of a Division Order which was received by the Board of County Commissioners of Weld County, Colorado on January 11, 1993 . As you can see, the Division Order is for the wells known as the Highland No. 1 and No. 2. Before I recommend to the Board of County Commissioners that they sign the Division Order, I respectfully request that you provide me with some information to explain how the lease interest for Weld County on each well was calculated at . 00112500 . Please call me at ( 303) 356-4000, extension 4389, if you wish to discuss this matter over the phone, or send any writing to me at: P.O. Box 1948, Greeley, Colorado 80632 . Very truly yours, may •C Ll-ett- Bruce T. Barker Assistant Weld County Attorney BTB/db Enclosure pc: Clerk to the Board 930129 •:;".:?:'....:''',..4' :_' p r. y. F L" n1.14,.‘;1,!to I ✓ 1 ,� i .t: •} v .4.rr '! n,7- . iv [!•'M • :f , •Y -'4. •E < :77 1.77 i a yy }t, , S+• •it✓ yw ,I r.r J 1 n,Jrl1,J} I'G, • ./{• \ }{rrerr •,,,l. Y»�i'Xjw'Fr 1 yNY vIENI iFl�w 18 S1la. l} '� i rl' 'M Cr'• r,. i y.+.t tl a. 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I V 1 C A� -• Recorded at o'clock__M., • d Reception No._ .Recorder. • RECORDER'S STAMP THIS DEED,Made this 2nd day of August , 19 88 ,between County of Weld, a body politic and Corporate of the State of Colorado, by and through the • Board of County Commisaloners of Weld County I of the County of Weld and State of Colo- rado,of the first part,and Darrell L. Bearson and Nelva M. Bearson whose legal address is 10501 Weld County Road 25}, Fort Lupton, Colorado 80621 of the County of Weld and Ctate of Colorado,of the second part; • WITNESSETH,That the said party of the first part, for and in consideration of the sum of THIRTY THOUSAND AND NO/HUNDREDTHS Dollars, to the said party of the first part,in hand paid by the said parties of the second part,the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con- veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, all the following described lot or parcel of land,situate,lying and being in the County of weld and State of Colorado,to wit: See attached Exhibit "A". Together with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate,right,title,interest,claim and demand whatsoever, • of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO IIAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part,for itself its heirs,executors and administrators,does covenant,grant,bargain and agree to and with the said parties of the second part, theirheirs and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, theirheirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said party of the first part has hereunto set its hand and seal the day and year first above written. ATTEST: COUNTY OF WELD, A BODY POLITIC AND CORPORATE OF THE STATE OF COLORADO, Sigel usKatlLsdtXtiTl)l)LQQt9;dStyeStl:lYdXli i g BY AND THROUGH THE BOARD OF [SEAL] Coun C e k and Recorder and COUNTY COMMISSIONERS OF WELD�y rd • COUNTY SEAL] � .�. '---NA(C)DO, B : +,u- (SEAL) STATE OF COL ADO, ! Gene R- Brantner, Chairman r ss. County of (�.1.a- J T The foregoing instrument was acknowledged before me this e? day of A 19' ' ,by My commission expires ,19 .Witness my hand and official seal., • m My Commiss, Expires June 5, 1990 / "t2'- / qIs _ / pr , c( Neurr Publiq, 930129 No.16 9PF,Ctpl,n'AERANTY I)£F,D.—enA(orE PuDll.hinq Ca,1a24d6 Stout 9trert,Dnnrer,Colorado(573.4011112M �. • • J i,. �A+ 4"iMy�Z 4 , •J .j J�SY .s.7}y} /l/1 ,i�..�, r e�,{4r.� ,� r r.'.yA�J }.� } '4 i l " py"e'{{'C�w rie ` '� "� ''. NAY 4,�.S4.Z/.4 ifw/ �Nhi H YrNi1.'TJ Y �₹ C3s2N , +f,1 �z..t �4,U ,.,"es ) _! *,•t 1 , T�ujA�`i}'k try' Y i -:;P r4h ''‘,t77:'791; 1 r /.. _ A4 vynJ.. I .J' •YJ�.W�Yv'1/'24N\..1d.J l.1r J ... ,.d.,.. . .. .,. .. . _, ..r n ...�.iu:.,r a.. .. .. . ........... ..ry�r..r 1 EXHIBIT "A" All that Part of Lot 7 of the South Half (Si ) of the Southwest Quarter (SW}) of Section 18, Township 2 North, Range 66 West of the 6th P.M. , according to Division 1 map made by The Lupton Meadows Land Company, lying west of the South Platte River, including all gravel or aggregates, but excluding and reserving to said party of the first part, one-half of all oil, gas, and other hydrocarbons. • • 930129 • ` mEmoRAnDum EntTo Board of Co. Commissioners _o,t. February 2, 1993 COLORADO Fr Bruce T. Barker, Assistant Weld County Attorney Division Order Request From Basin Exploration, Inc. , Sib„« and vessels ail and—Gas Company. The Board of County Commissioners has received a request from Basin Exploration, Inc. , and Vessels Oil and Gas Company for the Chairman's signature on a Division Order for oil to be produced from the East half Southwest quarter of Section 18, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado. I was uncertain as to how Vessels calculated the royalty interest for Weld County at . 1125 per cent. The explanatory letter from Fred Abernathy, Jr. , is attached. The lease acreage of 1.44 acres is derived from a map of the Division No. 1 Subdivision. Attached is a copy of the plat which shows in yellow where the 1.44 acres is located. The one half mineral interest for Weld County is derived from the fact that Weld County conveyed one half of the oil and gas mineral interests in Lot 7 in 1988. A copy of the deed which transferred this interest is attached. I recommend that the Board authorized the chairman's signature on the Division Order from Vessels Oil and Gas Company. uce T. Barker BTB/db Attachments • 9301.29 • --VESSELS OIL & GAS COMPANY SUITE 2000,PRUDENTIAL PLAZA•7050 SEVENTEENTH STREET•DENVER.COLORADO 60265 303 6253500 • THOMAS G.VESSELS,chairman or MM Board THOMAS J.VESSELS,P1wWM L: O January 28, 1993 D t V E Mr. Bruce T. Barker > JAN 2 9 1993 Weld County P. O. ox 1948GreeleBy, CO 80632 ATTpR EY . OF CE Weld County Oil and Gas Production Interest HIGHLAND WELLS #1 & #2 Township 2 North, Range 66 West 6th P.M. Section 18: East-Half Southwest Quarter (E/2SW/4); Weld County, CO Dear Mr. Barker: This is written in response to your letter dated January 12, 1993, regarding the captioned. Vessels purchased its interest in the subject wells from Roemer Oil Company and took over as Operator effective October 1, 1991. Basin Exploration, Inc., a Non-Operator working interest owner, in their letter dated September 23, 1992, requested that Vessels make payment to Basin covering only its net revenue interest and make payment to all royalty owners on behalf of Basin. Vessels agreed to comply with Basin's request beginning with August, 1992 production. Vessels has not updated nor verified title covering interests in leases and tracts which we have no leasehold interest. We have relied upon the division of interest ownership information provided to us by our predecessors in title and Basin, and the warranty and indemnification provisions contained in our division order provide further protection against any errors or incorrect payments as a result of this reliance. Also,Basin has informed us that the Weld County mineral interest is covered by a leasehold interest acquired from Nielson Enterprises, Inc. (Gen Oil) effective October 1, 1990, and the Weld County production interest shown on the division order has been calculated as follows: • WELD COUNTY Weld County Weld County HIGHLAND Weld County Lease HIGHLAND UNIT Mineral Interest Lease Acreage Unit Acres Landowner Royalty LANDOWNER ROYALTY 1/2 x L44 / 80.00 x 1/8th 0.1125% In researching our files I am unable to locate title opinions, lease copy or other documents to verify the accuracy of the above formula and the Weld County oil, gas and mineral interest If you need additional title information, I recommend that you contact Basin Exploration, Inc. 900129 , r Mr. Bruce T. Barker Weld County January 28, 1993 Page Two 1 hope this information is helpful to you and satisfactory for you to now recommend to the Board of County Commissioners that they sign the Division Order provided to you in my January 13, 1993 letter. Thank you for your letter and response with this request. Please let me know if there is anything else which you need, or anything further which I can do to help you. Very tnily yours, Vessels Oil & Gas Company 7 red E. Abernathy, Jr. cc Ma.Debra Milano Rain Entondos,Inc. 370 17th St.Sults 1800 Deaver,CO 80202 LTA.93.TR-WELD.0IA • • 9330129 tt OFFICE OF COUNTY ATTORNEY PHONE(303)35&4000 EXT.4391 P.O.BOX 1948 GREELEY,COLORADO 60632 COLORADO January 12, 1993 Vessels Oil and Gas Company Attn: Fred Abernathy, Jr. Suite 2000, Prudential Plaza 1050 17th Street Denver, CO 80265 RE: Division Order for Highland Well No. 1 and No. 2 Dear Mr. Abernathy: Enclosed is a copy of a Division Order which was received by the Board of County Commissioners of Weld County, Colorado on January 11, 1993 . As you can see, the Division Order is for the wells known as the Highland No. 1 and No. 2 . Before I recommend to the Board of County Commissioners that they sign the Division Order, I respectfully request that you provide me with some information to explain how the lease interest for Weld County on each well was calculated at . 00112500 . Please call me at (303) 356-4000, extension 4389, if you wish to discuss this matter over the phone, or send any writing to me at: P.O. Box 1948, Greeley, Colorado 80632. Very truly yours, `-Bruce T. Barker Assistant Weld County Attorney BTB/db Enclosure pc: Clerk to the Board 920123 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE 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 Weld County Department of Planning Services has referred certain violations of the Weld County Zoning Ordinance to the County Attorney's Office, and WHEREAS, those persons in violation of the Weld County Zoning Ordinance are Ronald and Constance S. Lauer, VI #1959, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County. Colorado, that Thomas 0. David. Weld County Attorney, be. and hereby is, authorized to proceed with legal action against Ronald and Constance S. Lauer to remedy the violations of the Weld County Zoning Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of February, A.D., 1993. { BOARD OF COUNTY COMMISSIONERS ATTEST: / `J� WEL/�C OUNTY, COLORADO U'U' Weld Co my Clerk to the Board l�D -r.-• :!1��� f.Z.c�.f Constance L. H rbeer�t,/ Chairman 7L.4., M Deputy C rk to the W. H. bster, Pro-Tem APPROVED AS T FORM: t eorge E Baxt r CMC County Attorney Dal K. Hall arbara J. KirkmeyAr I 930130 PLOZ.D/1-1 ��- PL CA} tia R (Y1EMORAt1DUIY1 WhitTo Board of County Commissioners pm. January 26, 1993 COLORADO From Department of Planning Services 9 Subjnt. Legal Action Authorization The Department of Planning Services recommends that the Board of County Commissioners authorize the Weld County Attorney to proceed with legal action against the following parties for violations of the Weld County Zoning Ordinance. Zoning Ordinance Violations: V1-1959 Ronald and Constance S. Lauer 6308 W. 10th Street Greeley, CO 80631 The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorney's office. 930130 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT MARY PAT DAVIET AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID MARY PAT DAVIET AT THE SUM OF TWO THOUSAND FOUR HUNDRED NINETY SIX DOLLARS ($2496) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. A.M. NGUEZ, DI RICT ATTO S3O155 .D14-0O3 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, MARY PAT DAVIET, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. j taraf. MARY PAT D VIET SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. 6/77e / /..A/7740_, CH F7` JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO • 920155 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF MARY PAT DAVIET AS A DEPUTY DISTRICT ATTORNEY, HER TERM TO COMMENCE JANUARY 12, 1993. CH JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, MARY PAT DAVIET, AT TWO THOUSAND FOUR HUNDRED NINETY SIX DOLLARS ($2496) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By�.�`l'/ ri 44,/— , airman oahol3 Constant L.O /� ATTEST: /�J�J t Weld Cou y tr'erk' ta' tltttZard By �/� i"�Gu-�_, Deputy Clerk to the Boar C 9301SS DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT JAMES F. HARTMANN, II AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID JAMES F. HARTMANN, II AT THE SUM OF THREE THOUSAND FOUR HUNDRED NINETY DOLLARS ($3490) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. A.M. GUEZ, /JR. DIST T ATTORN MooO3 9. 0155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, JAMES F. HARTMANN, II, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. J S F. HARTMANN, II SUBSCRIBED AND SWORN TO BEFORE THIS 12TH DAY OF JANUARY, 1993. �- CHI JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO SSTOE6 930155 I I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF JAMES F. HARTMANN, II AS A DEPUTY DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 12, 1993. CHIE JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, JAMES F. HARTMANN, II, AT THREE THOUSAND FOUR HUNDRED NINETY DOLLARS ($3490) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By Constance l/ ATTEST: • U Weld County Clerk to/the Board BY _41- oJ1 eputy Clerk to the Bo 920155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT ALBERT C. LUSBY AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID ALBERT C. LUSBY AT THE SUM OF TWO THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS ($2875) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. A.M. &IICUEZ, J DISTR CT ATTORNE 930155 DAcoo3 9.30/55 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, ALBERT C. LUSBY, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. AL E C. LU Y 1- ;/;;a"--- SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. is / „,"":. -7 � u CHIEF JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 920155 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF ALBERT C. LUSBY AS A DEPUTY DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 12, 1993. C F JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, ALBERT C. LUSBY, AT TWO THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS ($2875) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By A/a Ce lint'r art, Chairman Qo,,/,d/9 Cons ATTEST2tti2WLard Weld By t erk'to 'theBBoaTY� Depu Deputy C 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT SUSAN E. SANDERS AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID SUSAN E. SANDERS AT THE SUM OF FOUR THOUSAND NINE HUNDRED THIRTY ONE DOLLARS ($4931) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. 1.11-3 A.M. DOMI Z, J$: DISTRIC ATTORNEY`-� DAC003 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, SUSAN E. SANDERS, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. A&tRS ' 5 SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. (-Th 7 rG- K_ H F JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 920155 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF SUSAN E. SANDERS AS A DEPUTY DISTRICT ATTORNEY, HER TERM TO COMMENCE JANUARY 12, 1993. CHI F JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, SUSAN E. SANDERS, AT FOUR THOUSAND NINE HUNDRED THIRTY ONE DOLLARS ($4931) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (/ BYta�p2' 2 erm�Il�n 0x�ro�93 Constar L. ATTEST: ` Weld C unty Clerk the Board BYu DeP ��� t C7 'to the • 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT KENNETH R. STORCK AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID KENNETH R. STORCK AT THE SUM OF FIVE THOUSAND ONE HUNDRED SEVENTY NINE DOLLAR ($5179) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. A.M. DOMINGUEZ, DISTRICT ATTORN I DR000S 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, KENNETH R. STORCX, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. KE NETH R. RCK SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. CH EF JUDG NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 930155 1 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF KENNETH R. STORCK AS A DEPUTY DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 12, 1993. CHI JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, KENNETH R. STORCK, AT FIVE THOUSAND ONE HUNDRED SEVENTY NINE DOLLARS ($5179) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By is riJ .L e-Pe e4 L��tbnnft- , Chairman iahoi 3 Constar L. belly/ / ATTEST: Weld CO eirto teoard By Deputy Clerk o he Boa 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT TODD L. TAYLOR AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID TODD L. TAYLOR AT THE SUM OF TWO THOUSAND THREE HUNDRED FIFTY TWO ($2352) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. 19-7 A.M./DOMINGUEZ DISTRICT ATTORIer bAoco3 93o/SS 1 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, TODD L. TAYLOR, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. TODD L. TA LOR SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. CHIEF JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO • 930155 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF TODD L. TAYLOR AS A DEPUTY DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 12, 1993. HIEF JU E NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, TODD L. TAYLOR, AT TWO THOUSAND THREE HUNDRED FIFTY TWO DOLLARS ($2352) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY C '�7r-�r,,_!M`V,44� Connie UatLaxt, hairman 0,14,43 Constan L. Pidil,ATTEST: Weld County -erk to�oard By eputy Clerk to the Beard 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT THOMAS J. QUAMMEN AS MY ASSISTANT DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID THOMAS J. QUAMMEN AT THE SUM OF FIVE THOUSAND SEVEN HUNDRED NINETY SIX DOLLARS (S5796) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. A.M. DO UEZ, . DIST CT ATTORN NPcOOO8 9,30/55 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, THOMAS J. QUAMMEN, HAVING BEEN DULY APPOINTED ASSISTANT DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF ASSISTANT DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. HOMAS QU N SUBSCRIBED AND SWORN TO BEFORE ME S 12TH DAY OF JANUARY, 1993. Sri C IEF JUDG NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 930155 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF THOMAS J. OUAMMEN AS ASSISTANT DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 12, 1993. CH EF JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED ASSISANT DISTRICT ATTORNEY, THOMAS J. QUAMMEN, AT FIVE THOUSAND SEVEN HUNDRED NINETY SIX DOLLARS ($5796) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD CCOUNTY, COLORADO By 7lepon r,/G @enrr�e—Nary , Char1rman pahok3 Cons ye Lip ATTEST: ,,uu�� Weld ount}J'CEf Board BY De uty C1eYk to the B�eE rd 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT WILLIAM E. STARKS AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID WILLIAM E. STARKS AT THE SUM OF FOUR THOUSAND NINE HUNDRED THIRTY ONE DOLLARS ($4931) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. A.M. t1SOMINGUEZ,, R. DISTRICT ATTOR DAC D3 930/55 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, WILLIAM E. STARKS, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. {�Zy+++i E. ARKS SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. CHI F JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 930155 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF WILLIAM E. STARKS AS A DEPUTY DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 12, 1993. i C F UDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, WILLIAM E. STARKS, AT FOUR THOUSAND NINE HUNDRED THIRTY ONE DOLLARS ($4931) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD t COUN COLORADOBy �;1J # 2Coecia, Connie IlarbaLt, hairman 0c2/jo/q3 Constan L. Har , ATTEST: 1� �/�Weld C �t�r '�l v e oard BYfAi?f'/ll it0, Deputy Clerk to the Boac't 930155 1 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT ROBERT R. FINK AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID ROBERT R. FINK AT THE SUM OF TWO THOUSAND FOUR HUNDRED TWENTY THREE DOLLARS ($2423) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. I A.M. 1p.M.PNGbEZ, DISTR CT ATTO E fl DPIOOD,3 Q3osss DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, ROBERT R. FINK, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. ROBERT R. FINK SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. HIEF JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 930155 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF ROBERT R. FINK AS A DEPUTY DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 12, 1993. HIEF JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, ROBERT R. FINK, AT TWO THOUSAND FOUR HUNDRED TWENTY THREE DOLLARS ($2423) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Connie UDrdar* , Chairman OR/048 Constar . Bar ATTEST: Weld County C er to and By 4-4M4 heed Deputy Clerk 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 cv 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT THOMAS G. HANSELMANN AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID THOMAS G. HANSELMANN AT THE SUM OF FIVE THOUSAND ONE HUNDRED SEVENTY NINE DOLLARS ($5179) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993. A.M. DOMINGUEZ• JR. DISTRICT ATTO 13A0oot3 g3orss I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF THOMAS G. HANSELMANN AS A DEPUTY DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 12, 1993. /1(\l 17/2 CHIEF E NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, THOMAS G. HANSELMANN, AT FIVE THOUSAND ONE HUNDRED SEVENTY NINE DOLLARS ($5179) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY C"..Q77PcZ t€, �r_� /,Lte� rt, airman oa/�/93 Constar L. Pa% ATTEST Weld County Clerk to the Board By ,li Deputyfk to the dar � 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, THOMAS G. HANSELMANN, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. THOMAS G. HANSELMANN SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. CHI F JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 930155. DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT REBECCA J. BRUNSWIG AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 12, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID REBECCA J. BRUNSWIG AT THE SUM OF FOUR THOUSAND NINE HUNDRED THIRTY ONE DOLLARS ($4931) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 12TH DAY OF JANUARY, 1993.74-'A.M. DO UEZ, Jp< DISTRIC ATTORNEY pAoao3 930!56 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF REBECCA J. BRUNSWIG AS A DEPUTY DISTRICT ATTORNEY, HER TERM TO COMMENCE JANUARY 12, 1993. CHI F JUDG NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, REBECCA J. BRUNSWIG, AT FOUR THOUSAND NINE HUNDRED THIRTY ONE DOLLARS ($4931) PER MONTH. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY 4-�. /��� Connie Ha , hairman 0.'thoics ATTEST- �� Weld C n y Cle k Board BY �/�-sd e uty Cl r to the Boas.+ 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, REBECCA J. BRUNSWIG, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. ?sAct _._ . U�Z �-.,.mot, •J+` RECCA J. BR SWIG /[ SUBSCRIBED AND SWORN TO BEFORE ME THIS 12TH DAY OF JANUARY, 1993. :///2// tit CH EF JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 IN THE MATTER OF THE APPOINTMENT OF A DEPUTY DISTRICT ATTORNEY IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO I, A.M. DOMINGUEZ, JR. , BEING THE DULY APPOINTED, QUALIFIED AND ACTING DISTRICT ATTORNEY IN AND FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPOINT ROBERT J. KNEPEL AS ONE OF MY DEPUTY DISTRICT ATTORNEYS IN AND FOR THE COUNTY OF WELD, STATE OF COLORADO, SAID APPOINTMENT TO COMMENCE JANUARY 21, 1993, AND TO CONTINUE DURING MY TERM OF OFFICE, UNLESS SOONER TERMINATED; AND I HEREBY SET THE COMPENSATION OF SAID ROBERT J. KNEPEL AT THE SUM OF THREE THOUSAND SIX HUNDRED TWELVE DOLLARS ($3612) PER MONTH, TO BE PAID OUT OF THE GENERAL FUND OF WELD COUNTY, COLORADO. DATED THIS 21TH DAY OF JANUARY, 1993. A.M. DO Z, JR. DIST ATTORNEY • be/D(0003 930155 I, JUDGE OF THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, DO HEREBY APPROVE THE APPOINTMENT OF ROBERT J. KNEPEL AS A DEPUTY DISTRICT ATTORNEY, HIS TERM TO COMMENCE JANUARY 21, 1993. 4 � Cam ' (-CAI F JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO WE, THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, DO HEREBY APPROVE THE SALARY OF THE ABOVE-NAMED DEPUTY DISTRICT ATTORNEY, ROBERT J. KNEPEL, AT THREE THOUSAND SIX HUNDRED TWELVE DOLLARS. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By £ sscceL 1 2onnit uarb tt, airman 0.7.110/93 Contant L. b�t GJ ,J ATTEST: 2Q'�% 1 Weld County Clerk to the Board By D t C1erK Co t e B ao rd �`Y 930155 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO CIVIL ACTION NO. 93 CV 1 OATH I, ROBERT J. KNEPEL, HAVING BEEN DULY APPOINTED DEPUTY DISTRICT ATTORNEY FOR THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF COLORADO, BY ORDER OF THE DISTRICT ATTORNEY, THE HONORABLE A.M. DOMINGUEZ, JR. , DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF COLORADO AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF DEPUTY DISTRICT ATTORNEY OF THE NINETEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO. ROBERT J: ' KN E/'111 SUBSCRIBED AND SWORN TO BEFORE ME THIS 21TH DAY OF JANUARY, 1993. C F JUDGE NINETEENTH JUDICIAL DISTRICT STATE OF COLORADO 930155 WELD COUNTY, COLORADO PACE 1 PAYROLL FUND CLAIMS U.O. /JARRANT NO. P.O. NO. VENDOR AMOUNT 016749 016750 WELD COUNTY DISTRICT COURT 2,780.00 016751 CLLKK OF °1HE OISIKTLI COURT L93-@0- 016752 CLERK OF THE DISTRICT COURT 300.00 016753 CLERK OF THE 73r'o'1RTGT^GOulcx su.u0 _016754 CLERK OF THE DISTRICT COURT 450.00 • TOTAL S STATE OF COLORADO :OUNTY OF WELD ) ss This is to certify that all accounting and budgeting procedures have been completed Jn the above listed claims as shown on Pages 1 through 4 and dated FEBRUARY 8 , 19 93 and that payments should be made to the respective vendors in the amounts set opposite :heir names with the total amount $ . DATED THIS 8th DAY OF FEBRUARY , 1 93 • i WELD Y T ANC104 SUBSCRIBED AND SWORN TO BEFORE ME THIS 8th DAY OF FEBRUARY 1993 MY COMMISSION EXPIRES: MYCommissJon&p;2;,,kivaryl0.1995 cri RY P� STATE OF COLORADO ) ' :OUNTY OF WELD ) ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) isapprove) the claims as set forth above; and warrants in payment therefore are hereby )rdered drawn upon the PA ROLL FUND totaling S^ . deaf hairp rson /1 L ATTEST. ! 14/4 ✓ ,f er /oY //7 ICdCalLi WELD C Y CLERK T a BOARD Mem r By: f `� ` 4T �� j ember 7lr fe* Deputy �\ p O l _alit �1,.f l 1152-92-018 Member WELD COUNTY, COLORADO PAGE 2 PAYROLL FUND CLAIMS V.O. ARRANT NO. P.O. NO. VENDOR AMOUNT 016755 DISTRICT COURT OF BOULDER COUNTY ' 325.6s 016756 COUNTY COURT OF WELD COUNTY 624.48 016757 COUNTY COURT-WELD COUNTY 327.34 916758 TAKE CARE HEALTH PLAN 6.110.20 016759 J PAT GREGORY 1,102.85 016760 UNITED WAY 1,055.32 016761 ' BANK ONE GREELEY, NA i 1,900.00 TOTAL $ STATE OF COLORADO ) :OUNTY OF WELD ) ss This is to certify that all accounting and budgeting procedures have been completed :n the above listed claims as shown on Pages 1 through 4 and dated FEBRUARY 8 , 19 93 and that payments should be made to the respective vendors in the amounts set opposite :heir names with the total amount $ . DATED THIS 8th DAY OF FEBRUARY , 19 93 WELD OFFI/�E • SUBSCRIBED AND SWORN TO BEFORE ME THIS 8th DAY OF FEBRUARY 19 93 . MY COMMISSION EXPIRES: Ric "' %"'""y'W.',S35 an STATE OF COLORADO ) COUNTY OF WELD ) ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) disapprove) the claims as set forth above; and warrants in payment therefore are hereby Drdered drawn upon the PAYROLL F D totaling S 7 . nairpe :in n /} / M b r ��* ATTEST: / (4 Vt ' , / _ 40442% //{�{yyy /f/'L1/ LAC-. 1 / �1c�t WELD C UNTY CLERK T TH ' BOARD MA, BY:�j�i4�� rr �� Deputy Member , i 1152-92-018 Member WELD COUNTY, COLORADO PAGE 3 PAYROLL FUND CLAIMS V.O. AARRANT NO. P.O. NO. VENDOR AMOUNT 016762 ROCKY MOUNTAIN LIFE 139" 01A7G1 RELIANCE STANDARD LIFE 9,014.15 016764 WELD COUNTY REVOLVING FUND 95.11 (11878S PUBLIC EMPLOYEE RETIREMENT 129.07 016766 PUBLIC EMPLOYEE RETIREMENT 20,060.39 _016787 PUBLIC EMPLOYEE RETIREMENT t 842.34 I .TOTAL STATE OF COLORADO ) COUNTY OF WELD ) ss ) This is to certify that all accounting and budgeting procedures have been completed 3n the above listed claims as shown on Pages 1 through 4 and dated FEBRUARY 8 , 19 93 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ . DATED THIS 8th DAY OF FEBRUARY , 19 93 WELD CO4SQOF z�..R SUBSCRIBED AND SWORN TO BEFORE ME THIS 8th DAY OF FEBRUARY 1993 MY COMMISSION EXPIRES: ' Csr:z;i,=;; . - -„. :.;, ,,:, :;;Z . STATE OF COLORADO ) COUNTY OF WELD ) ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) isapprove) the claims as set forth above; and warrants in payment therefore are hereby jrdered drawn upon the PAYROLL FU totaling $_,42.4.7.5r.z. ...,cec„..1... .WiL / . Chairperso ,(s / "Xer-ie-* ATTEST:t /L4/iJ/JG� Mem 3yLn CO t Y CLERK TO [I� �� M er T� Deputr Mem er Arbf 104,4p6t: 1152-92-018 Member WELD COUNTY, COLORADO PAGE 4 PAYROLL FUND CLAIMS V.O. - gARRANT NO. P.O. NO. VENDOR AMOUNT 016768 NERASTAR 4,811.45 016769 HARTFORD LIFE INSURANCE GROUP 18,354.36 016770 THE HARTFORD INSURANCE GROUP 782.16 TOTAL 1221.451.86 • STATE OF COLORADO ) COUNTY OF WELD ) 5$ This is to certify that all accounting and budgeting procedures have been completed m the above listed claims as shown on Pages 1 through _4 and dated FRBRUAR, 8 , 19 93 and that payments should be made to the respective vendors in the amounts set opposite :heir names with the total amount S 221.45,..86 DATED THIS 8th DAY OF FEBRUARY , 19 93 WEL C Y c F IC SUBSCRIBED AND SWORN TO BEFORE ME THIS 8th DAY OF FEBRUARY 1993 . MY COMMISSION EXPIRES:_ // ^ <cc5 Na4 o STATE OF COLORADO ) COUNTY OF WELD ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) disapprove) the claims as set forth above; and warrants in payment therefore are hereby Drdered drawn upon the PAYROLL ir totaling S 221,451.86 Cha � �3� f el 7C-4 ATTEST: Mem r ► � eft « j i 1�fI/11f��4 WELD CO' CLERK: TO T' ^ BOARD/ By Member � yf D puty / 1152-92-018 Membe �� • • • • • • • • • • • • • • • • • • • • • • I S 1 a. S D D I N 0 D 0 A C 01 D a p O b \icz. 1 T1 -1 m t 9 x enm -.1ti O -1 3 -1 [n 1 r l T S b T A N A I m C T r S N p O 1 m A • O A T1 D X O r •-. a t IQy'�1 IV' y O a A CH m N D cJ�t71 C -• 2 •+ 91 1 o o N 2 I V S 0 m O S N T ICC.C) I Ov. 1 C r.I m n N m P .r N o D N I Z N = -. O N m O 1 -I i 1 P1 a m0 "'1 N 0 o I \\ 1 m 0 D T 1 A Z O ��ll r z : I 0 10 r 1 O N D T O .. 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Box 458 Greeley, Colorado 80632 Dear Mr. Loustalet: • In accordance with the terms of the Trust Agreement pertaining to the North Weld Sanitary Landfill, we submit this quarterly report of volumes of solid waste received. Attached please find a check for payment of the Quarterly Gate Payment at a rate of$.025 per cubic yard. The minimum quarterly payment is$1,250.00. • Month Volume October 18,509 CY November 15,358 CY December 17,697 CY Total quarterly yards 51,564 CY Calculated payment at $0.025 $1,289.10 Actual payment (minimum$1,250) $1,289.10 If you have any questions, please contact me at 686-2800. Sincerely, Bill Hedberg Division VP — Landfill Operations Enc. BH/dl t Ig For 0 p p .4 pS t Ca_ -l(J5*4; : v4.t1C MINUTES D CC WELD COUNTY COUNCIL January 6, 1993 223 _^ - ;' 9- <<2 Tape #1-93 CLE^'{ The Weld County Council met in regular session in full conformity,watb,the Weld County Home Rule Charter in the First Floor Assembly Room ae 4.a LCentennial Center, 915 Tenth Street, Greeley, Colorado, on Wednesday, January 6, 1993, at 7:30 p.m. ROLL CALL: The meeting was called to order by President Young, and the following members were present, constituting a quorum of the members thereof: President Young, Vice President Orr, Councilman Campbell, Councilman Gardner and Councilwoman Ott. Also present were Meng Manichanh, Patrick Armijo and the Council Secretary. APPROVAL OF MINUTES: Vice President Orr made a motion to approve the minutes of both the December 2, 1992, and the December 16, 1992, meetings. Councilman Campbell seconded the motion. Vote was taken and the motion to approve the minutes carried unanimously, with Councilman Gardner abstaining. President Young then changed the order of the agenda to read the Resolution recognizing Meng Manichanh into the record. Upon motion by Councilman Campbell to adopt the Resolution and second by Councilwoman Ott, vote was taken and the motion carried unanimously. A plaque was then presented to Mr. Manichanh for his service to the Weld Council during the year 1992. APPOINTMENTS: President Young noted the appointment listed and mentioned that he would be unable to attend the Elected Officials' Meeting on January 11, 1993. ADDITIONS TO AGENDA: There were no additions to the agenda at this time. CORRESPONDENCE: The correspondence received was duly noted by President Young and was subsequently circulated among the Council members. The Council secretary called attention to a copy of a letter received by Council from Deputy Dale Engle regarding the recent Sheriff's Department reorganization. It was decided by Council to address this issue later in the meeting. REPORTS: COORDINATOR REPORTS President Young had checked into the matter of a satellite court and/or holding facility brought up at the Dacono meeting in November by Police Officer Ken Weld County Council Minutes Page 2 January 6, 1993 Schlote. According to Weld County Finance Director, Don Warden, this would not be feasible due to the constraints of Amendment 1. Councilman Gardner mentioned that he had already been contacted by concerned citizens regarding the landfill issue in Milliken. He intends to become involved with this issue and will keep Council updated. OLD BUSINESS: ADDENDUM TO WESLEY HALL RESOLUTION Vice President Orr had made the original motion regarding this Resolution, and upon further reflection and rereading of the Home Rule Charter, decided not to pursue this issue further. He cited the Home Rule Charter, page 19, Section (B)(2)(e), Section 7 on page 21 and Council Resolution Number 17 as reasons for his decision. 1985 PLANNING DEPARTMENT AUDIT REPORT Council agreed that when the new Assignments were decided, the Councilperson assigned the Department of Planning Services would pursue this issue and follow up with the Planning Department to determine whether the suggestions of the Audit Report had been implemented by that department. NEW BUSINESS: ELECTION OF OFFICERS Councilman Campbell nominated President Young for a second term as President. Councilwoman Ott seconded the nomination. After a unanimous vote, President accepted. Councilwoman Ott nominated Councilman Campbell as Vice President. Vice President Orr seconded the nomination, and Councilman Campbell accepted following a unanimous vote. SELECTION OF ASSIGNMENT AREAS New Assignment Areas for Council members were determined as follows: President Young, Department of Finance, General Services and Personnel, with Ambulance Service being relocated to the Department of Health Services and Sanitary Landfills being relocated to the Department of Communications Services; Vice President Campbell, Department of Health Services; Councilman Orr, Department of Planning Services; Councilwoman Ott, Department of Engineering Services; and Councilman Gardner, Department of Communications Services. REPORT TO THE PEOPLE Weld County Council Minutes Page 3 January 6, 1993 Vice President Campbell made a motion to approve the Report to the People for the fourth quarter of 1992 and publish it in the usual manner. Councilwoman Ott seconded the motion. Vote was taken and the motion carried unanimously, with Councilman Gardner abstaining. PAYMENT OF THE BILLS Councilman Campbell made a motion to approve the payment of the bills. Vice President Campbell seconded the motion. Vote was taken and the motion carried unanimously. Mileage for Ralph Campbell $22.00 Telephone for Meng Manichanh $ 8.70 Telephone for Sandy Nagel $ 4.47 SECRETARIAL RESEARCH REQUESTS Vice President Campbell requested further information regarding how the town of Sunnyvale, California is run. The Council secretary will attempt to obtain a copy of the news broadcast about the town. Councilman Orr requested information about the remodeling of the Commissioners' offices. Vice President Campbell made a motion that President Young look into the Deputy Dale Engle issue by visiting with Sheriff Ed Jordan and report to Council at its next meeting. Councilman Gardner seconded the motion. Vote was taken and the motion carried unanimously. PUBLIC COMMENTS: There were no public comments at this time. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. 73 ! Date Approv d David L. Young, Presi Sandra Nagel, Secrets • WELD CCu: TY NOTICE OF CLAIM 1997 t ^9 " 0. 20 . IJ :.1. I iia /' C C-. TO: Weld County Sheriffs Office TO i i 1 Weld County Comntissioners The undersigned Claimants hereby give notice pursuant to CRS. Section 24-10-109: 1. NAME AND ADDRESS OF CLAIMANTS: Victor L.Erazo, and Christine Williams on the behalf of her children, Jessie Williams and Michael McMillen, P.O. Box 1017, LaSalle, Colorado 80645. 2. NAME OF ATTORNEY: Arthur M. Schwartz, P.C. Dominion Plaza, Suite 2250S, 600-17th Street, Denver, Colorado 80202. 3. FACTUAL BASIS OF CLALM: On or about August 8, 1992, Weld County Sheriff Deputy Arna Harris unlawfully searched Mr. Erazo and Ms. Williams'premises, 400 N. 66th Ave., Greeley, Colorado, without any search warrant or other authorization. In the process of this unlawful search, this deputy forcefully entered the premises, extensively searched the premises, and wrongfully detained Ms. Williams'two children and Shauna I hnturo. On September 1, 1992, Weld County Sheriffs Deputies Matt Shyrock, Ron Richardson, and Hank Rusch refused to assist Victor Erazo after he notified them that he was assaulted by his landlord, Nader Ghaffarvand. On September 1, 1992, this same Deputy Matt Shyrock unlawfully acted to deny Mr.Erazo his property and unlawfully searched Mr. Erazo's automobile without any consent, search warrant or other lawful authority. o6\g3 An .Lie .&ALA 41Crri CONTINUATION OF PAGE ONE NOTICE OF CLAL'vl Ma result of the illegal acts of these Weld County Sheriff's deputies,Mr.Erazo has suffered a denial of his constitutional rights, resulting in a loss of his property, as well as psychological injuries and mental distress. Christine Williams and her children have also suffered a denial of their constitutional rights, with the illegal entry and trespass of their property, and the illegal detention of her children, which caused a loss of their liberty and psychological and mental distress. Although the full extent of the damages and injuries have not been fully determined, Mr. Erazo and Ms. Williams would consider settlement of all claims for the sum of 5100,000. Signed this day of January, 1993: Christine R. Williams Victor L. Erazo P.O. Box 1017 P.U. Box 1017 LaSalle, Colorado 80645 LaSalle, Colorado 80645 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 8, 1993 TAPE #93-04 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado. February 8, 1993, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Constance L. Harbert. Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara S. Kirkmeyer Also present: Weld County Attorney. Thomas 0. David Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners meeting of February 3, 1993, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed. Commissioner Baxter seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no reports given today. WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund S 131,715.81 Handwritten warrants: Payroll Fund S 221,451.86 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER TAX ABATEMENT PETITION FROM WALTER A. BERGENDAHL AND AUTHORIZE CHAIRMAN TO SIGN: This item was moved to later in the meeting. CONSIDER APPOINTMENT OF MARY PAT DAVIET AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: Chairman Harbert stated the next twelve items of business would be considered together. Commissioner Hall moved to approve the appointments of Mary Pat Daviet, James F. Hartmann, II, Albert C. Lusby, Susan E. Sanders, Kenneth R. Storck. Todd L. Taylor, Thomas J. Quammen, William E. Starks. Robert R. Fink, Thomas G. Hanselmann, Rebecca J. Brunswig. and Robert J. Knepel as Deputy District Attorneys and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT OF JAMES F. HARTMANN, II, AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF ALBERT C. LUSBY AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF SUSAN E. SANDERS AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF KENNETH R. STORCK AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF TODD L. TAYLOR AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF THOMAS J. QUAMMEN AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF WILLIAM E. STARKS AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF ROBERT R. FINK AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF THOMAS G. HANSELMANN AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF REBECCA J. BRUNSWIG AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER APPOINTMENT OF ROBERT J. KNEPEL AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: See above. CONSIDER RESOLUTION RE: BYLAWS OF EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL: Cyndy Giauque, Assistant County Attorney, reviewed the bylaws of the Emergency Medical Services Advisory Council, and she asked the Board's preference in the term expiration date. Tom David, County Attorney, stated the authorization for the Council only lasts until December of 1993; therefore, he would recommend the terms coincide with that date. Commissioner Hall moved to approve the Bylaws of the Emergency Medical Services Advisory Council, with the terms stated as October, 1992 through December, 1993. Commissioner Baxter seconded the motion, which carried unanimously. Minutes - February 8, 1993 Page 2 CONSIDER TAX ABATEMENT PETITION FROM WALTER A. BERGENDAHL AND AUTHORIZE CHAIRMAN TO SIGN: Warren Lasell, Assessor, stated this is for Pin No. R2539586, and is a result of SB101-92. His recommendation is to deny said petition. Mr. David explained the petitioner is arguing the effective date should be 1993; however, most of the counties are presuming the effective date is June. 1992 when it was signed. Commissioner Webster moved to deny said petition and authorize the Chairman to sign, per the Assessor's recommendation. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENTS TO EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL: Chairman Harbert explained said Council was formed last fall, on a temporary basis only. Ms. Giauque explained it was done as a result of the State Medical Examiner's Office requiring all EMT's be under the supervision of physician advisors. Commissioners Kirkmeyer and Hall questioned the wisdom of naming the same individual to two separate representative positions, and asked Ms. Giauque to contact Mr. McCabe regarding this. Commissioner Kirkmeyer moved to continue said matter to February 10, 1993 at 9:00 to allow time for another representative to be named. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER DIVISION ORDER TO PHIBRO ENERGY USA, INC., AND AUTHORIZE CHAIRMAN TO SIGN - Ni NE} 535, TSN, R64W: Mr. David explained said Division Order is for oil only. He said the well is located two miles southwest of Kuner, and the percentages listed do comport to our lease. Commissioner Webster moved to approve said Division Order and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER DIVISION ORDER TO ASSOCIATED NATURAL GAS. INC. , AND AUTHORIZE CHAIRMAN TO SIGN - Si 513, T2N, R67W: Mr. David said the well is located west of Fort Lupton, and the percentages do comport to our lease. Commissioner Baxter moved to approve said Division Order and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER RENEWAL OF 3.2Z BEER LICENSE FOR METRO OIL COMPANY, DBA TOTAL PETROLEUM. INC., AND AUTHORIZE CHAIRMAN TO SIGN: Chairman Harbert read the message from the Sheriff's Office stating no violations have been received on this establishment. Commissioner Webster moved to approve said renewal and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER APPOINTMENTS TO COMMUNITY CORRECTIONS BOARD: Commissioner Baxter moved to appoint Barbara Anderson and Kevin Strobel to said board, with terms to expire August 1, 1993 and August 1, 1995, respectively. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Minutes - February 8, 1993 Page 3 Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:20 A.M. APPROVED: ATTEST:/ ���//�G✓ / BOARD OF COUNTY COMMISSIONERS JO ,� �V J/ WELLD, COUNTY, COLORADO Weld County Clerk to the Board (/ iiu/ Sid .C/Gtt� 44-1-4*---1, D// ions //,ance L. Marbert, Chairman By: .Ief7 Z,(✓1r r� J Deputy Clerk to the Board_ lc W. H. ebster, o-T�� \/ 1 eorge E. axle Da K. Ha 1 Barbara J. Kirkm er Minutes - February 8, 1993 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO FEBRUARY 8, 1993 TAPE d93-04 The Board of County Commissioners of Weld County, Colorado. met in regular session as the Board of Social Services in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center. Greeley, Colorado, February 8, 1993, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Weld County Attorney. Thomas 0. David Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of February 3, 1993, as printed. Commissioner Webster seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the warrants for approval by the Board in the amount of $28,579.76. Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:25 A.M. �/1a- �G% APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WEL OUNTY, COLORADO Weld County Clerk to the Board onstance e L. H ber �Chairman Deputy Clerk to the Bou�! W. H. W bster, Pro- orge E. axter Dale K. Hall Barbara J. Kirkme _r
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