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HomeMy WebLinkAbout901298.tiff AR2231a7h EMERGENCY ORDINANCE NO. 160 AN EMERGENCY ORDINANCE WITH RESPECT TO NORTH COLORADO MEDICAL CENTER: AUTHORIZING AN AMENDMENT TO THE GROUND LEASE TO THE COLORADO HEALTH FACILITIES AUTHORITY OF CERTAIN LANDS UPON WHICH SAID MEDICAL CENTER IS LOCATED; APPROVING THE AMENDMENT TO AND CONTINUED LEASING OF THE HOSPITAL FACILITIES BY SAID AUTHORITY TO THE BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER; APPROVING THE COLORADO HEALTH FACILITIES AUTHORITY VARIABLE RATE DEMAND HOSPITAL BONDS (NORTH COLORADO MEDICAL CENTER) SERIES 1990 AND THE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID cn o v BONDS AND ALSO MAKING OTHER PROVISIONS IN o CONNECTION WITH THE FOREGOING. \i o o BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF A WELD COUNTY, COLORADO: ow 0 3 WHEREAS, Weld County, Colorado (the "County" ) is a home • w rule county organized and existing under the Constitution and a the laws of the State of Colorado; and a O o WHEREAS, under the provisions of Title 25 , Article 3 , CA 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 ~ a under the name of "Board of Trustees for Weld County General o a Hospital , " now known as the Board of Trustees for North Colorado Medical Center (the "Hospital" ) , which operates the z North Colorado Medical Center (the "Hospital Facilities" ) CD H located on land owned by the County; and ti H i w WHEREAS, the County, pursuant to Emergency Ordinance ,p a No . 75 adopted and approved by the Board on December 18, 1985 r- w (the "Original Ordinance" ) , has previously leased certain 03 w real property (the "Land" ) containing the Hospital Facilities N z to the Colorado Health Facilities Authority (the "Authority" ) N Q,' pursuant to a Ground Lease, dated as of December 1 , 1985 (the a "Original Ground Lease" ) , between the County and the Authority, in connection with the issuance by the Authority a of its Hospital Refunding Revenue Bonds (North Colorado a w Medical Center) Series 1985 (the "Series 1985 Bonds" ) N• �; pursuant to a Trust Indenture, dated as of December 1 , 1985 riCD (the "Original Indenture" ) , between the Authority and United m w Bank of Denver National Association, as successor in trust to IntraWest Bank of Greeley, N.A. , as trustee (the "Trustee" ) ; and WP146302-021/21 9051._98 WHEREAS, the Authority has leased the Land and the Hospital Facilities to the Hospital pursuant to a Lease, dated as of December 1 , 1985 (the "Original Lease" ) , between the Authority and the Hospital and accepted and approved by the County; and WHEREAS, the County has previously, pursuant to the Original Ordinance, approved the issuance of the Series 1985 Bonds and the documentation related thereto; and ON WHEREAS, the Hospital has sublet the Hospital Facilities o to North Colorado Medical Center, Inc . (the "Corporation" ) v o pursuant to an Operating Sublease, dated the 8th day of o March, 1985 , as amended and restated by an Amended and q Restated Operating Sublease (collectively, the "Original o w Sublease" ) ; and a3 o x WHEREAS, the County, the Hospital , the Corporation and q the Trustee have previously amended the Original Ground x Lease, the Original Lease, and the Original Sublease pursuant o to an Agreement , dated April 27, 1988 (the "Agreement" ) to a release a certain parcel of land from such documents and to cn a replace such parcel with an additional parcel of land with a d fair market value equal to or greater than the released x parcel; and a w CD 4 WHEREAS, the Authority has agreed to issue its Variable Rate Demand Hospital Bonds (North Colorado Medical Center) OH Series 1990 (the "Series 1990 Bonds" ) to finance the " . 41 F hereinafter defined Project; and • En a WHEREAS, the Series 1990 Bonds will be insured as to the w w payment of principal and interest (but not premium) as such c w become due (other than by reason of acceleration of the re) Z payment date of principal of the Series 1990 Bonds) under a N Z financial guaranty insurance policy issued by Municipal Bond o Investors Assurance Corporation, a stock insurance z corporation incorporated under the laws of the State of New wroc x York ( "MBIA" ) , pursuant to a Reimbursement and Indemnity Agreement, dated as of November 1 , 1990 (the "Reimbursement CA HI v and Indemnity Agreement" ) , among the Hospital , the N o Corporation and MBIA; and mF" WHEREAS, in order to insure the purchase of the Series 1990 Bonds upon tender by the holders thereof on or prior to the earlier of the Conversion Date for such Series 1990 Bonds or the Expiration Date, each as defined in the hereinafter defined First Supplemental Indenture, the Hospital , the Corporation and the Trustee have entered into a Standby Bond Purchase Agreement , dated as of November 1 , 1990 (the "Standby Bond Purchase Agreement" ) , with Credit Suisse, a -2- wP146302-021/21 banking corporation organized under the laws of Switzerland, acting by and through its New York Branch, for the account of the Corporation and the Hospital; and WHEREAS, the Hospital desires that the Authority provide the Hospital with the proceeds of the Series 1990 Bonds in order to reimburse the Corporation and the Hospital for certain capital expenditures made during the Corporation ' s and the Hospital ' s current fiscal years, to construct an addition to the Hospital Facilities, to fund future capital cn O o c.) expenditures with respect to the Hospital Facilities, to provide working capital for the Hospital Facilities and to in 0 pay costs of issuing the Series 1990 Bonds (collectively the o "Project" ) ; and 4 0 r7.1 WHEREAS , in connection with the issuance of the Series 1990 Bonds, the Authority and the Trustee shall be amending o and supplementing the Original Indenture by a First h q Supplemental Trust Indenture, dated as of November 1 , 1990 p (the "First Supplemental Indenture" ) , the Authority and the Hospital , with the approval of the County, shall be amending o, a and supplementing the Original Lease by a First Supplemental °; ,a Lease, dated as of November 1 , 1990 (the "First Supplemental • X Lease" ) , and the Hospital and the Corporation shall be w amending, supplementing and restating the Original Sublease o a by a Second Amended and Restated Operating Sublease, dated as of November 1 , 1990 (the "Restated Sublease" ) ; and � z • w WHEREAS, the addition to the Hospital Facilities shall be built on land currently owned by the County and the County a desires to have such land subject to the provisions of the ,o Original Ground Lease; and r-co w w WHEREAS, the County and the Authority desire, upon N z receipt of the consent of the Hospital , the Corporation and o < the Trustee, to amend and supplement the Original Ground Lease to include the land upon which the addition to the w x Hospital Facilities shall be built by a First Supplemental a Ground Lease, dated as of November 1 , 1990 (the "Supplemental .- o Ground Lease" ) ; and co if) N M + o WHEREAS, PaineWebber Incorporated (the "Underwriter" ) m w has agreed to purchase the Series 1990 Bonds from the Authority pursuant to a Bond Purchase Agreement, dated as of November 5, 1990 (the "Bond Purchase Agreement" ) , among the Underwriter , the Authority, 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 -3- WP146302-021/21 WHEREAS, the Underwriter has agreed to remarket the Series 1990 Bonds tendered pursuant to the Original Indenture, as amended and supplemented by the First Supplemental Indenture, pursuant to a Remarketing Agreement, dated as of November 1 , 1990 (the "Remarketing Agreement" ) among the Underwriter, the Trustee, the Hospital and the Corporation; and WHEREAS, subsequent to the issuance of the Series 1990 Bonds , the Original Lease will be further supplemented and amended by a Second Supplemental Lease, dated as of c U November 1 , 1990 (the "Second Supplemental Lease" ) between o the Authority and the Hospital and accepted and approved by o the County; and U o WHEREAS, the County desires to approve of the issuance o w by the Authority of the Series 1990 Bond and the execution of 0 3 the documentation in connection therewith; and oa >rw WHEREAS, there has been presented to the Board at its omeetings the following documents : o a a (a) The form of the Supplemental Ground Lease; (b) The form of the Preliminary Official Statement prepared in connection with the issuance of the Series a 1990 Bonds (the "Preliminary Official Statement" ) ; o 01 U z (c) The form of the First Supplemental Indenture; o H ;H (d) The form of the First Supplemental Lease; w (e) The form of the Standby Bond Purchase w Agreement; r-- COw en z (f) The form of the Reimbursement and Indemnity N z Agreement; 0 w g (g) The form of the Second Supplemental Lease; a (h) The form of the Bond Purchase Agreement, CO IA including the form of the Indemnity Letter; N h w (i) The form of the Remarketing Agreement; and ro (j ) The form of the Restated Sublease; and WHEREAS, the County has determined that the foregoing transactions and the issuance of the Series 1990 Bonds will serve the purpose of promoting the health and welfare of the residents of the County and the surrounding territory and it -4- WP146302-021/21 appears that the Supplemental Ground Lease, the First Supplemental Lease, the Second Supplemental Lease, the Standby Bond Purchase Agreement, the Reimbursement and Indemnity Agreement, the Restated Sublease, the Bond Purchase Agreement, the Indemnity Letter and the Remarketing Agreement are appropriate instruments to be executed and delivered by the County and the Hospital , as appropriate, for the purposes 0 o intended; and O LO O WHEREAS, in order to further promote the health and o welfare of the residents of the County and the surrounding a territory, it may become necessary in the future to ow restructure the current relationships among the County, the Hospital and the Corporation and change the ownership of the oh w Hospital Facilities; and zWHEREAS, the financial consultants to the Hospital and w the Underwriter of the Series 1990 Bonds have advised that rn x the sale of the Series 1990 Bonds will be made during the `" week of November 5, 1990 , so as to sell the Series 1990 Bonds d at a time that is most opportune to obtain a favorable rate " a of interest and to obtain liquidity and credit enhancement on o a the Series 1990 Bonds; and U �rz WHEREAS, in order to sell the Series 1990 Bonds during OH the week of November 5, 1990 , it is necessary to have the H F form of the Bond Purchase Agreement approved by the Board of ~ a County Commissioners of Weld County and the Hospital Board on or about October 29 , 1990; and nW cow WHEREAS , in order to make this Ordinance effective m z within the required time schedule, it is necessary that it be N � and it is hereby declared to be an emergency ordinance. 0 r C.) C4 NOW, THEREFORE, BE IT ORDAINED by the Board of County �a Commissioners of Weld County, Colorado as follows : .iN co Ln N M This is an emergency ordinance which shall be effective H on adoption as provided in Article III , Section 3-14 , of the w County' s Home Rule Charter . Public notice of this Ordinance shall be given forthwith. Without such procedure, the Ordinance could not be considered and finally adopted so as to accommodate a sale of the Series 1990 Bonds during the week of November 5, 1990 , in order to obtain a favorable rate of interest and to obtain liquidity and credit enhancement on the Series 1990 Bonds . Section 1 . Supplemental Ground Lease. In order to accomplish the foregoing transactions and in order for the Authority to accomplish the financing contemplated by the Preliminary Official Statement , the County, upon receiving -5- WP146302-021/21 the consent of the Hospital , the Corporation and the Trustee, is hereby authorized to enter into the Supplemental Ground Lease whereby an additional parcel of real estate will be added to the Original Ground Lease pursuant to the terms and provisions set forth in the Original Ground Lease, as amended and supplemented by the Supplemental Ground Lease, now before this meeting; and such Supplemental Ground Lease shall be rn o executed on behalf of the County by the Chairman or Chairman o () Pro-Tem of the Board, sealed with the seal of the County and o attested by the Clerk to the Board in substantially the form thereof now before this meeting, and hereby approved, or with q such changes therein as shall be approved by the Chairman or o w the Chairman Pro-Tem executing the same, with such execution o to constitute conclusive evidence of their approval and this • a Board' s approval of any such changes or revisions therein h w from the form of the Supplemental Ground Lease now before a this meeting. o cTN Section 2 . Supplemental Hospital Facilities Leases . The Board does hereby approve and authorize the First Supplemental Lease and the Second Supplemental Lease between ▪ x the Authority, as lessor, and the Hospital , as lessee, x whereby the Hospital Facilities, and the additions thereto, m I-1 will be leased by the Authority to the Hospital and with rentals payable thereunder as provided in the First - z Supplemental Lease now before this meeting, which rents are O H H payable monthly for the use of such Hospital Facilities , and additions thereto, for such month, and such First x Supplemental Lease and Second Supplemental Lease to be in � w substantially the form thereof now before this meeting and CO w hereby approved or with such changes therein as shall be approved by the officers of the Hospital executing the same, N z with such execution to constitute conclusive evidence of o their approval of any such changes or revisions therein from the forms of the First Supplemental Lease and Second z Supplemental Lease now before this meeting; and such First Supplemental Lease and Second Supplemental Lease shall be executed on behalf of the County by the Chairman or Chairman CO Ln ti c Pro-Tem of the Board, sealed with the seal of the County and attested by the Clerk to the Board in substantially the form w w 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 forms of the First Supplemental Lease and the Second Supplemental Lease now before this meeting. Section 3 . Credit Enhancement of the Series 1990 Bonds . The Board does hereby approve and authorize the Standby Bond Purchase Agreement and the Reimbursement and -6- WP146302-021/21 Indemnity Agreement to provide liquidity and credit enhancement for the Series 1990 Bonds, and such Standby Bond Purchase Agreement and Reimbursement and Indemnity Agreement 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 0 o such changes or revisions therein from the forms of the o Standby Bond Purchase Agreement and Reimbursement and a Indemnity Agreement now before this meeting. o q Section 4 . Sale of Series 1990 Bonds . The Board does o w hereby approve and authorize the Bond Purchase Agreement, the c) 3 Indemnity Letter and the Remarketing Agreement in connection o w with the original sale and future remarketing of the Series 1990 Bonds, and such Bond Puchase Agreement, the Indemnity o Letter and Remarketing Agreement to be in substantially the w forms thereof now before this meeting and hereby approved or x 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 a and this Board' s approval of any such changes or revisions o a therein from the forms of the Bond Purchase Agreement, the • C.) Indemnity Letter and Remarketing Agreement now before this z meeting. O H H F Section 5 . Sublease of Hospital Facilities . The Board -10) does hereby approve and authorize the Restated Sublease w between the Hospital, as sublessor , and the Corporation, as 1/40 r- w sublessee, whereby the Hospital Facilities , and the additions 03 w thereto, will be sublet by the Hospital to the Corporation N• z and with rentals payable thereunder as provided in the N F4 Restated Sublease now before this meeting, which rents are o payable monthly for the use of such Hospital Facilities, and v a additions thereto, for such month, and such Restated Sublease a to be in substantially the form thereof now before this ti meeting and hereby approved or with such changes therein as CO VI shall be approved by the officers of the Hospital executing Ho M the same, with such execution to constitute conclusive N w 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 6 . Other Documents . The Board hereby approves the form of the Preliminary Official Statement presented at this meeting and approves and authorizes the issuance of the Series 1990 Bonds and related transactions contemplated by the Preliminary Official Statement . -7- WP146302-021/21 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 m o further understood and agreed that the Series 1990 Bonds to o be issued by the Authority do not constitute a debt or o liability of this County and that the County is not obligated o to make lease payments to the Authority, and neither taxpayer o funds nor any funds of the County will be used to pay the o w principal of, interest, or redemption premium on any of the os Authority' s Series 1990 Bonds . No portion of this Ordinance o w shall be deemed to constitute a waiver of any immunities the Q Board or their officers or employees may possess, nor shall o any portion of this Ordinance be deemed to have created a o duty of care with respect to any persons or entities not a a party to the Original Ground Lease, the Supplemental Ground Lease, Original Indenture, the First Supplemental Indenture, the Original Lease, the First Supplemental Lease, the Second a Supplemental Lease, the Restated Sublease, the Agreement, the a Standby Bond Purchase Agreement, the Reimbursement and o a C.) Indemnity Agreement , the Bond Purchase Agreement, the Z Indemnity Letter or the Remarketing Agreement . The County is o w not a party to nor a third party beneficiary of any of the F aforementioned agreements other than the Ground Lease. w Section 9 . Cooperation of Board. The Board hereby � w agrees, to the extent allowed by applicable law, to cooperate m w with the Hospital and the Corporation to restructure the N relationships among the County, the Hospital and the N 4 Corporation and change the ownership of the Hospital o Facilities if, in the opinion of the Board, the preservation c_.) a and protection of the health and welfare of the residents of a the County and the surrounding territory will be benefited ti thereby. Ul CO LO N o Section 10 . Public Notice. That public notice of the w adoption of this emergency ordinance shall forthwith be given by the Clerk to the Board after passage . BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that pursuant to Article III , Section 3-14(c) , of the Weld County Home Rule Charter, the Board of County Commissioners finds , and hereby declares , this Ordinance to be an Emergency Ordinance as closing on the Colorado Health Facilities Authority Variable Rate Demand Hospital Bonds (North Colorado Medical Center) , Series 1990 , is scheduled for November 6 , 1990 , and its -8- WP146302-021/21 immediate passage is necessary to obtain a favorable interest rate , liquidity and credit enhancement on the Series 1990 Bonds and is necessary for the preservation and protection of the public health and welfare . The above and foregoing Emergency Ordinance No. 160 was, on motion duly made and seconded, adopted by the following vote on the 31st day of October, 1990. BOARD O COUNTY COMMISSIONERS ATTEST. � ' WEL UNTY, COLORADO �„q �L`YIIL✓/ V vG' 'cam-�' J Weldtg Untiy;Clerk tb the Board rR, 9 s e R. Bran er, Chairman / �t L v AL/ eo a Kennedy, Pro-Tem De uty Clerk to t Board APPRO D AS TO FORM: onnst nce "L. Ha ert • � C.W. Kirby .O U A ounty Attorney w Gor . g W -ww Read and Approved: October 31 , 1990 a O Published in the New News : November 1 , 1990 U W a Effective Date: October 31 , 1990 , '45 Ix a w is U rz H .w IE ICJ) a w , a w G., Iz x ittg i M I O w -9- Affidavit of Publication '*n-* STATE OF COLORADO AH REEESE SPICE item A ss. NIEDAIM °1y� �yi'�ff��AN County of Weld,Healticaot UP *moat toseocaw dorms . ,ia..... i.{ E I, Lorita Seidler of cm..Ca pow TH H said County of Weld, being duly sworn, say that 1 am Tgrt� og Itt a) an advertising clerk of os M�B r�ISIMOB , THE GREELEY DAILY TRIBUNE, and mei myriads IN CONNECTION' FOREGO- THE GREELEY REPUBLICAN ERsEEE,rc Er THE ECA ttainoolipr oomesoN- oFtpeCq�td1B140RAoo: that the same is a daily newspaper of general MMMd CdaadoIthoC�adF logiMAIO"dr. circulation and printed and published in the City of wabAl�iriorudv�ertmotdwors eed Greeley, in said county and state; that the notice or campytwW+i. "soiAma.e.P,w act the advertisement, of which the annexed is a true copy, has the frt phe Birelrr�lMr been published in said daily newspaper for consecutive le ed eftegy anesrde wed be name of'Seed dl� eewgrpwwdHo.�mNnom blownas the Board d buboes brNorth (days) fweetu(k that the notice was published in the Cameo Medal (the yytndq opener eNorthregular and entire issue of every number of said w ' " ' t$ newspaper during the period and time of publication of Ca4rltit purwer b Oe4eeed aw 76 rPdNXife Boed an t said notice, and in the newspaper proper and not in a 9 to theCd"Cearn supplement thereof; that the first publication of said no�,'�.fro,A, at a �•` a t• notice was contained in the issue of said newspaper IS-h11 Rwe wa�wNw►NN tr�l Oh*f+die0900 Ia4t 4MI bearing date Ninth •oho not is41 deaYAM Wps.at t,'taAS MeerMrrM baitUli*bed topft. .rha ehr��� day of November A.D. 199O tM has beee.1he lehd aNgNif S Se FedeE.ea the N99009 g;w;yeRh�y�y,.d a and the last publication thereof; in the issue of said INS see vicebr�stew the eepept al,,, ' so newspaper bearing date the e" a ratigi otaraty;Pk0u;ot r,ersrw Ninth onreere�4spa ce tithe SadeNl99SEgdpddHlieder REAR fie re.wtdetta.,lwdt91$FOSS IrsNOM day of _ November A.D. 1990 Illedke CW o f (the'CwpanraoM)."1lWwwWetle an eulgeri,ddlM aihdayaltiter�Mumreselirledmd • that said The Greeley Daily Tribune and The Greeley .rAmhaes '1edCp'rple"'oeE1edYek' Republican, has been published continuously and b 9 , s,,, cv ;O.Hospital,the Cerporetler and Ms uninterruptedly during the period of at least six T ti Rat amended the Cdgball grouts)sneee,lbw tEdlauip6oNii 14,3ii71/telaselt6 months next prior to the first issue thereof contained m son pertbin oat Sind said notice or advertisement above referred to;that said keA a Ned,Paden well ORS MN an addaMl,4ae oiled with*Mir nwkol role spur to wieder Mather UNIpea newspaper has been admitted to the United States 94INEREABv the Auttgtgy tee ay to{ le I1tee mails as second-class matter under the provisions of the Drell Heal9tdtilhEs Cobondo - ` M Act of March 3, 1879, or any amendments thereof; and tad �.o'4eaNr dnvol ore as that said newspaper is a daily newspaper duly qualified el Seepat klel i1/reet to t emies es kokkkicre due tat 011114.44140.4ealeeletalletettealiee044444Weitli ltl. for publishing legal notices and advertisements within Sed.el99g Bonds)wdera Mande goweeykenmoeopolicyaeder the meaning of the laws of the State of Colorado. au**Bond Imeetoie bewana Corporatbn,■ahekleeurwe ape pwaon incorporated under the leash(the Bleb d Newyork Cann M.tewnt to a Reimbursement and,kdemMty Agreement,chit es et November 9, 1990 ,��Me.1 (the•Seinbu{yjMm and 1ngerradr.Apregr sen, dlibiloiRBINeogglargghd WHEREAS,In order to ineurellbatti yiB. Total Charge: $251 .52 Bonds upon to dso,alle}the hddee on g $ el swoConversion Cate Werth Swifts theE at=.. each ai defined kith' the Hospital.the Corporation sad the'Nate*hen WISPS'Ina eStan*Bond Purchase Agroommt,dated as el November 1,tee'Ole C-9)9t-A-t:AU ;2 'Standby Bad Purolese Agreewernr),with Credo Suubee,i eentei,ee paragon organized order the Iona olpwit:aWdowtinp by are through Advertising Clerk Ns Neew rYak„Brenatheerwountdme r r the rids,: 7yHEitAs,fir Nd♦p1led delft �R..that the Arher)ty pia ;the Subscribed and sworn to before me this Hospital with the domed,.of the Series 1990 Bads in odor to maim ewes the Coromrkn and the Hap*ler mash abbe expenditures 9th day of November A.D. 19 90 made during the CMpaMian's and the Howltals aurentti all yaw.to expeWoi an aeddbn to the he Hos FeaFacii,to tune Iduro espial I7-1' construct an withadd ion to he ore Hospital Fatel Fans,to to d ovideMan working My commission expires capital for the Hospital FSAdlee ad b'py owta d iswirig the Series n yt� ' 1990 `U]tLi',__�.t.�L / . u. Notary Public el t13e bloWlN and the WHEREAS.in commotion with the issuance of de Wee 11)90 li jg the tie ridd Ih Brde,.Me So*sat OeSawlsoolwleowwswavo owl MlbOoswb '1: i Mouerrer0.tf11L as the Original Indenture*ISO etm SwPlogwl9M�W Wlso.rtW Moth*Porta*to as d November 1. ila0(the'first Mdern*hre'1,de egdab 9wldag and credit Authority,and alnitallag�WMlep MxaPbal wish the a t *the�l heitoeh*W� ISO �the sig .dllr 1hP week. and MoileNnoLNtlW. gerp1.��. rig `WI � 14' 1.3 aspM. 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MA•. , 'TM"t°I ofd**Iwwwoegdabow ads a de&wit tan eerrda Se Mfh�o�ybrsef;ad ` werd9lwradi sllea fear w obtain a# With entaf beaver WME*****IT�eSOdi A,lno«n* lthe stithillfly.*W enhNornintaritlu1ledr7EfNfeis. e/oalaPbrahareHWAldas�IN08onde tlMi. .'s"'•"'Y4;�roR"uard LesaR o cdettostwesdBAMe eribaseAWneterilVtmlfesS AerwdeFMereedreetatb Ae the*WadY to seat Se Penlooe Agrapwere7lr`,agabY.thzgradi-e '4,Au Sfe 9ewelu.4904eMad laYAb3 SIMInaltatt iffiSimn4 lboAfM4. �' upon rearing the osmera d to say y intaL.dhr Cornosoltademe to otY Sr egwlgadtyyrslYdherggerdde. �„'t' l Twolowabent,en.0klonoii�ba de Supdenwnrslsuw Owl wit cot bon*MI w oft* �!.:. le `11P rrjape Gel idd,esy lsoagld,ld*sin a!rddpwbbna Nth tadlr le �eamandfd ad:�M.Mh s dbp;q*-Ftnh dtsT Ile Seder cedar Sr ..asSeWM ReibdltYselnF heareFtertC.f� m of IS ISe ldSdandd:tBSlyd�be drpdd en d SlsCaufah the lAtdawrxgr; ttrillM-Ea bytbeasinnahoe; Tend the Bard:loaded winee ted .. ,d91ertFSardpepd e11r ieeiSne CMrlt walked In substide Sr iS11 Wdb. bra Srterd bow Sdoassthng,ad wM+dwb«r Wd.oh ehlh Koh Se O J t pe dYovdbdsYMe� 1 Forces sois6l♦ iMeno ah tasit so eaMkNesso. Bernd SAgplerrrMtl Lime)balweew'S Ae1Bn?1sJ1 bd•dabbgY im+s�snoo a Heirwpm*end No Bwd's serest el MY.seah atamstod nd bylheCounyrol. ,. 'r,. dewed^ t orn the lean*the SIPWomrrtef rout* WISP o Meheprerf"d'djpietudiee bp de LalraawbelasSr �a d.i fptdA igti�rrl tb ASAP ► 0009.8,1,+40,,,,.g1)trlepas FaYLbies Lear.The Head der >W�ldbf4At heed,approve and st the Fit SupolamrlN tease.and Ms 1.1010114 MbleMlp a :Owen�rd b}M�.&+F{+d rat 1►eouw/o Seggilln�L�diddeted its Aetbolltssa Soon rat the' rpAN AFNEdga aM hub Whims M SOS Wi ha b**hY ISO ApthWSfe udt BWPRikaPd ye'0ble TheMi'ihdSrt�t lie. WO*Myswer ae world*In the Find SupRb9ledN Looser "The feria eFSAs bbaelskie moollos*Nob sd}sae mid*monthly tor de red laWl mwlbA wIM the IDS*d Yle Ser!r_) ^1 IM41oiRea*and rldtbns Mwea t«Wohe emh.and WeA1bet OlEefdMr ferrate. nt, Supplioterd Lew and Heard SWRle mtldtwtlw to be Ytns4Ms ljMabm* RbsldepedaetY oat. WS lbw foram thereof now below this most*Ind hrebnyo omelet u n041,416* Wp i oe pd t1ra: wish ref changes therein d shad be renewed W the odd*dal ladesmerdog�Se ad*au*stwasabnl0 rns9Wteaoeabrb pp vas*of tit*eFPwralald APYetctg of elain Lows owl Seeend ban S{iriwpildlhe "• � 33 TheidiM I*WWI d ore Immo(tho Find SWMti'Towd iM TBlldr@ fWW1Me Pdo"f!lr oA Lest*nor bolds this meeting;addsuch First Sa�.�tlyylte6rpl ones �p an (i)1KWtm$litN'e�YYIaN �# Y4owbnrn��'Nelemel thatiaAsMbd+MMihi rof. promotingS) E EA .����� el de County and now'by the ewbdo We*oil subeeeNly Se lionsorortholsorm►ddr*Mdof999eerde MapllWs"W owlbwodMwAslob0*0010113ootbsoWyet>Ptow&or Chairman Swath , osars Ibbo tofu drdlrgoqMeved by CMY'mo 4ttat ode dde lithe CoseWil the Prawn etwedng the sesA.eApl soon sob*b condo- eoedritdbOirdfok'1!r88'd ibYfthdMi dlmild'Coseo, �r�dspr dtheir apProwt YW tll►Bdinati ad ll e�pnY such Sieray Bore toe First empPbM+asf the M dran0es«rrbem thesis'.[we Sra As**Rea$pFPloniin1e .Ploobettoetla. Lease �d 8 �dm� ttn°etlng'; AiRehrert 1bePeefebd "PPM ASoe!Arrant,the S e E °., mwd d lM S►� Sods. "rho ��p,� Bond hurBonds. "rho Indanbilly AdlTt.#Mtlf3 dl!e Bond done}rBeBT oY ail, '� r _ Apreenea aiidifwnlM5rsid+�Agro.>i;da to Pnoeba' p0oSolt ete desith eel dAdnd'el de liquidity and credit enhancement kw tho Serbs 1999 Bode,eel such reslaeeredM*atnegddaaaerrRa **IAA*beton*coo• Sblxbyted Purotw Agreement ad Refnb nement and Indent*/ bbe In wu4Mmidly the the meeting rent'In the rquw lo d the r.qw e«rent w among of and hebby approved or WO; , Covey,don lbedte bed de faporelM.d chebW the erer+ewhb d by tcsPitof owsodNB sn s the Hospital FeclHas;eel the t did YOW* pe Boonn�d P� hes Aga' d , Sours nntt an n Seop dk.an A Sale of Sedan WOO 800W Ba 6«d..,'The Board' approve-ad*valorize the Bond Purchase A9mpmrl, Letter and de.Remdadr9 AwowmeM to Bedige win see we future prowleehe of Se Sdis t4Bp� Boa*: Puchre Aomori**.ththorns Y Letter and permfM4tmg. sejhe as shell oers such ueextecuting the sane.with such execution conclusive evidence d their atProval and this goads such changes or redskins therein from the forms of the Bo Agreement.the indemnity Letter and Remarketing.A0 this meeting. - 8....h. Boss smis Foist, 'main ways..+•1130 .lJ Bb , .a.bh RealaISSI Mass-^^ -'Fas..4 !mmHg fix tiros$each"91.BubW* issfrAbouSb1t•4 by Such ba.9r,�.eld WS000.04 nfiwpsM. ar soh such wt wtir�'AifbrS'tit .1%t ofYN PMgPMep 14 In tm�• - • sPar� rewdbgw . 00•000i 7—, sittiscatchted �•aetri itti Mwbffsr00•1 re1. r b9eAu•4041•d4•••r .L r nBiikC?r.W.A b."p1°'4O;:rpArepr 1� Bii�yr, reti oil i hil hlw dMN�.iM 001*.• ..."4""""of *Oat0,10P 00ni SOSO IVY r1Xh'.dg* � „yf'MW**lww. SIIIII004••••re 'AO orsIWSRltdiI ► Mrhr Ihnlittl,0 5eni mospintelinoMpowthe en—v w ►rite . Baaels' �, aea N, aewwapr�►r" sop Mobh�.r w *rte it=1:oars slo are«�1i a a.r,�l•a laic Wstruotko'1*• its µ nd?�.04bi mass al ilcAaatY`•a•B'a,�ananr8r 1eralWri'ni abrOtbeknb That public OM of w*ADD S sI 1FM 1 SS 'be"}1dcN BYHi1@M1•'1a�wB.",,-ti4yet US&VINE) by MOBurs Ose ra. �mists'1 . IMBe.endh.r.hlc�� rb• w ldrr'li 11 ,p:,� �pqp�r•B•beP� bgga�PMSyYMe S" .h, psis". dw Wb it".44 1•Bar•'�by,an Milan if �.sawidsd��00'��. + +, i. ,vdf on 1M. . AMOK A1TBS7t NOS D.WWI.a . WGsm,R, Clubman FRh� WSW CPS1Y bIM Bond :' Kowa b',0le*lin* . . BpVs�;71o1fSmb AMrM.B p--1dd ' ApPRQ AS �O'FoRM• Q°"'IeW'QM.OW CounQocd9.E.L.a/ Andlr Mtn* 1�olab.r 31,1990 gseded Approved: TIN aauhY DAN rib" Moverri: 0.1990 STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and — uninterruptedly published therein, during a period of at least November 1, 1990 fifty-two consecutive weeks prior to the first publication of the annexed EMERGENCY ORDINANCE NO.1130 notice; that said newspaper is a AN EMERGENCY Y ORDINANCE newspaper within the meaning of the RDVMpECI' To NORTH _BRIO bfi:DICAL CENTER: act of the General Assembly of the LEASE O�TOGTHE COLORADO AN AMENDMENT TO THE GROUND State of Colorado entitled "An Act ALTTRR FACILITIES I MAR OF CERTAIN. to regulate the printing of legal LANDS UPON WHICH SAID 9 LOCATED. CRNTFN c notices and advertisements, " and AMA A�O.�[P?G AND amendments thereto; that the notice HOSPITALEFACILME oV THE of which the annexed is a printed V SAM xARU ° T° NOR ARD TH copy taken from said newspaper, was APPMe� .goo published in said newspaper, and in E R VARIABLE RATE the regular and entire issue of °t iMco MET' every number thereof , �R a� NAI sAmDMERo ., AG7)sAGL MAxa�o- R FRovISIONs once a week for TO sO oN Wrnl successive weeks; that said notice THE FO cu r was so published in said newspaper ��oNERs -oF WELD proper and not in any supplement Co ,e�.C�, "utility") County, thereof , and that the first home ruleo��-- oai publication of said notice as thertNewdeh S e r and o; lava dWe_State of Colorado; and aforesaid , was on the}I day of + ) h , 19 10 , and the last on the day of [Au 9 0 Subscribed and swo n t� before me this /j,- `day of tile. 9 , 19 It . „6-ntcdc .t My:.omrrrs3;0n •-`' `° �f�ByeySeriee IfBO' AW °the ya .. • theeeatwsr prior W t�lie earlier la d the C1mNygQn10 a�eaat�.ems. therewith"__. le WHE") a bole corporate defieed Nges StilkilerdtalemellNWeUNe ata—iagadd(tled PYrot been Pr following decements: cmmd there he has at its Weld� alomd-Caoiwpp(pY eeNyNNa 'l 6ad6aagte waive�dd and Corpora enti the (Indenture, them )•IryW Tara' d Lealioitoai ey MPlIWI��awhich t tt _(Ne Istau6iY ObeAgreement"),"SfaMbYF Bond _.,. ')loco �i _the fret M a ti a �?dot (d)ta The fora- o sae d. the First the lIe�. e The d BlandDY (t�„ .. Cambiance"M)',.�. Nat Nq Hospital () The orm " -. the � lIi,apdd^^aaa��rr,,�Manteing with the a1i�� the tbe RA�de>bwmaetmwt and'. . Facilitl3 1990 Bonds in�er to I The'. Lease;� ,She attend ty F HI lx the Corporation and the Au f AmufLeaitl° eaPehm to certain capital ImmiM';. parnan to a 1.• lei d( aaPaadl ,e madesal he rionegp th'ea Fm haaa� .. ,. rum." Cow. Years to corlbtruct Nor arm imalatICe Aio camecWa t�� 1 an to ts with t m' fiiBure the y H to ospital iThe s m of the Restated �(NaNA atie i °I1e wHElikAS, Ne ies MI5 lore g�y� t art the 19 Bdetermined that the ' Osnteronds' Ipma to i Trost F a S% 19900 Bonds Indenture p�.da.4d� at the (e _ „ the of th ADenver National And nited em « - lrwueytee �the �_ amen and welfare d1990 lot' Eounty tbe a ,inn trust to trak'eet � m ( Vetaraentar ante fhe r„h,ueMe•F 1••#e trustee, I lndeagaurF¢�, ttyt Sup�lecanal _ lased the landWhereas, td and u has the Trust � I;Facilities to anther) the rtM aad Stoned "wood it to Iare. „d anand�a H the ai, �u Su gree- NeBe 1, 1f NNOa ,. the approval be and eu Plementinrtrt ryry 1%tta�taid B the .lean,. byy a First Remadanna Agreement the ;and - N PWram - 1990 I�. then'First ap ate iiiietnunmta. to and delivered hoe. ' lease"), and the ConatY and the Hospital,by 4 7 the Corporation stall ap r •te, for the ptmal, and the documentation sale p Sublease lementing bd.. WHERE in order to NOM thereto.and .. and Restated 'smote as WHEREAS, in ;areal the ,'1,'1990 (the "Restated die e e� territorrbylaW p� dated as of become nate:Wy thaw territory=may to IInc.(( ;�tlNttevus addl tolthe reetrBHumcmteuahrlifenaet aidNe eurRent the Mb d� „ Coun� theto. fi Charge thn �Coi lmtl&Y Ground die the County and as t e p�Undena ticonsultants ter of Haepi4l. of Wimi �ioet Boone RhaEveeinaadvised w,� a%d the --e tlaidtlaHTru� toov�aobedi 6 1000 ego M k"aeB Ne .euFi,a,rt the to ` Ground Leis. to Series 1900)�6nde at ire tiro is 8itd...Agil Tl,: __upAo,which the most le rate o td at ah a of the Series 1990 wM tcertair—ra tea meaW4dFirat Wties Mvmtik rate d Intuat and W odecumentereearcal WdWltka�altrus Lease, �Suoas eh of b.. 1 �aodaedpit... iSpiel 1990 Bonds durleg the week emauda1 n�fhN pdr her .l'Grouddddpd Le�qp. diINION AS,..min order tosell the et greater rcleascd� tie. 4�tame Vt;(the Dt urclise the ) of MN, it is ryl�rc�heae5e�form of the .1 from the Au a by the Bo9td as of finance the hereinafter 5, I then•�) October'about Octa6 at1990;� m and. .or Pro act• and 1.- WHEREAS, in order to mate ��wg tier the nth rByr this Ordinance effective within the pB7a°y°m�mt�of iHu ial azIA the Ldemd}y LCeIRr as nnecewsiry that it time un it is bPrvvn.�drueecioetthher by ize Cor.)Irom on and p of B�orMidsj=Pt 4 ) as U .bY .ttiorltyr and the ORDAINELL tthet' it hereby declared to. 'be ..of �� " XIledaEFORE BE 1T GGIn1uutt�dtyv rarn�byeaiMgra chi insumnce ��t�vy "the Undergwiitatls' ti44LNy Cvar 4a a a@ reaaWe: Municipal -Plaia7Lar9pus. - t pormstl t which This�shnaall on uMstmce a,_ prov =urge ted by the t, adulate Se as awl M Article New y t .M to dentate, pennant Hoare Rud_rea_U(]wunrc(ser. F� Agreement,dated na Rehnbursemeat d November ilat�M November 1 f look totmthhwith.wlNout such 1 NeA"RReeiimmbursementt aanudt ammoonnaaraathe - nd te,' tthe the f1Min,wre cadd nM he the HaPrta4}he Coporation and lrietbe, the right' and the • _ LIBIA.and _ wse be cent. supplemented and amended bydm • .. plgeberemental Lease ated nil L USO Mg "Secondbetween"the�Authority lemental dt and the Hospital and County; and and • Ste C finds, and hereby declares, this Ordinance to be an Emergency Series¢le9 Bo finally adopted week Series Bonds, and Inch Bond the Ordinance as closing on_.the as to ember 5, 1 a sale of the Remarketing Letter and Colorado Health Facilities Series 1990 Bonds dune oe�wee lit Remarketng the form to e in Authority Variable Rate Demand of November 5 1990, substantially the forms, thereof Hospital Bonds (North Colorado obtain a favorable one the of es 1990 now before this meeting and Medical Center) Series 1990 is and to obtain liquidity and credit hereby approved a with such scheduled for November 6, (990, enhancement on the Series and changes therein as shall he and its immediate passage is Bonds; approved by the officers of w lh necessary to obtain a favorable Section 1. Supplemental and in Hospital executing the same, interest rate bawdily and credit Lease. In order m accomplish the such execution to constitute enhancement on the Series 1990 foregoing transactions and in conclusive and of their Bonds and is necessary for the order for themes Preliminary approval and this Board's reservation and protection of the conteaccomplish approval of re such changes or p upon receiving_ by the ns Preliminary the revisions therein from the forms public e health eabovend andaraforegoing Official e-Corporation Statement, the Count)', the the Bond Purchase Agreement Emergency Ordinance No. 160 —.- Hospital, Tnisteeceis hg the consent of the the Indemnity y Letter and was, on motion duly made and the Dtrporation and the Remarketing Agreement now seconded,adopted by the following Truatae, a hereby authorized to before this meeting. vote on the 31st day of October, enter into the Supplemental Section 5. Sublease of Hospital Ground Lease whereby an Facilities. The Board does hereby ATTEST: additional parcel of reel estate approve and authorize the weld County Clerk[o the Board willGround be added ursuant Original the Restated Sublease between the BY:Weld County Clerk to the Board Ground Lease si Hospital. as sublessor, and the APPROVED le k t FORM: theOraryinaplr Ground Lease, as Corporation, as, sublessee, County AttorneyDAS amended and supplemented by the whereby the HospitalFacilities, BOARD OF COUNTY and the additions-thereto, COMMISSIONERS Supplemental Ground Lease, now sublet by the Hospital to the WELD COUNTY.COLORER) before this meeting; and such Corporation and with rentals Gene R.BUNTY,C Chairman Supplemental Ground Lease shall payable thereunder as provided m Gene R. ran Pro-Tem C executed he behalf of the the Restated Sublease now before Constance Kennedy, Harbert County by the Chairman or this meeting which rents are C.W.Kirby Harbert sealed i Pro-Tem of the Board, a able monthly for the use of . Lac sealed with the sent of the County such Hospital Facilities, Read and GordonApproved: October 3 `-. N �d and attested by the hisCle ee the additions create for such month, Board a substantially the forKm, and such Restated Sform rho of 1Pu�btHhM in The New New Hereof now before this a sure n substantially Y isle form thereat November 1,1890. and hereby approved,Ch now before this meeting and Effective Date: October 31.1990. changes therein as shah be hereby approved m with such Outman approved by the Chairman,or the changes therein as shall be same, with such executing the approved by the officer of the same, with such execution to Hospital executing the same,with constitute oval andC evidence of such execution to constitute them approval and this Board's conclusive evidence of their approval of any such changes or approval and this Board's revisions lame t from the form se approval of any such changes or the before Ground Leese revisions therein from the form of now before this'fleeting.Su Section F2.acilities i Bases. The the meet'mq Sublease now before Hospital es hereby Leases. and Section g Other Documents. Board does hereby approve The Board hereby approves the Leaseauthorize ebe FirsttheupP Second form of the Prehminary Official Supplemental Lease between the Statemeznt presented at this Authority, as lessor, and the meeting u ting s the issace approves f lire Hospital, as lessee, whereby the Senes 1990 Bonds and related a. ion Facto, will bed leased transactions contemplated by the by hens thereto, Preliminary Official Statement. by the Authority to s Hospital Section 7 Further Action. The and with rentals payable in Board further authorizes the now thereunder as p officers of the Board or an First Supplemental wwhich rents County Commissioner to take all before this meeting, action necessary or reasonably are payable monthly for the use of required, to carry out the such Hospital Facilities, and transactions contemplated by this additions thereto, for such month, Ordinance, mcluohng without and such Fires Supplemental limitation, the execution and Lease and Second Supplemental delivery of closing documents forLeese to be m substantially the t- meet thereof now approved or transactions.o connection with such meeting and hereby app Section B. No Liability d with such changes therein as shag County or Board. It is further be approved ut g officers, the understood and agreed ,that the HospItel executing the same, with Series 1990,Bonds to be issued by such execution to constitute the Authority do not constitute a conclusive evidence of their debt or liability of this County and approval t any such cthe-ffo or that the County is not obligated to revisions therein from the tarns make lease payments to tine of Second Supplemental Lease Authority, and ther taxpayer and Second Supplemental nieetin lease funds nor any funds of the County now L First upp m nil g: and will be used to pay the principal and emss Supplementer Lease of, interest, or redemption shallsnit ge executed e B on a hal Lease premium on any of the Authority s Counry be yhe on Chairman of the Series 1990 Bonds. No portion of by the Cf the B or this Ordinance shall be deemed to Chairman the sea of the Board, constitute a waiver of any sealed with the seal of Clerk County immunities the Board or tram end attested by the Clerk to the officers or employees may Board in substantially. m form possess, nor shall any portion of thereofand he now before tins meeting, this Orinance be deemed to have and hereby approved,or wain sic changes therein as shell created a duty of care with he respect to any persons or entities approved by the m axe a i or the not a party to the Original Ground same, w h such execution the Lease the.Supplemental Ground same with such execution to Lease, Original Indenture, the heir lip oval give this ofFirst Supplemental Indenture the their approval al end this Board's Original Lease, the t''trsl approval of any such changes To or Supplemental Lease, the Second oftherevisions First from the Dons Supplemental Lease, the Restated of the First Supplemental Lease Sublease the Agreement, the and the Second Supplemental Standby Bond Purchase Leese now before this Enhancement meeting. Agreement, the Reimbursement Becton 3., Credit19 Enhancement and Indemnity Agreement, the of the Series 1990 Bonds. The Bond Pm:chase Agreement, the Board does hereby ndpbpy and IndemdtY. Letter or the authorize Agreement SaDand B the Remarketing Agreement. The Re�imb�wyemenand Indemnity County is not a party to nor a Agreement to provide liquidity third part' beneficiary of any of credit enhancement for the other aforementioned f on the Groeed, aaggree alas Sines 1990 Bond and such Section 9. Cooperation of Board. Agreement The Board hereby agrees, to the Agreement .and Reimbursement to be in extent allowed,by aplicable law, and Indeally t Agreement T reof now to cooperate with the"Hospital and befobore tttMsy meeting and hereby the corporation to resttrruecture the approved or with such changes inhtiOnshtel among ie Cory iota v. therein as shall be he Hospital 3y and change the, ownership_of the the officers o[ e, Hospital Hos ital Facilities if, m the executing the saute with such opinion of the Board, execution of constitute rovalmand reservation and protection of the the evidence of their app preservation and welfare of the residents Nis Board's approval of any such of the County and the,surrounding the for or of revisions therein Bondfrom territory will be benefited thereby. Purcthe hale of gr Standby Bond Section 10. Public Notice.. That Reimbursement Agreement and public notice of the,adoption of Agreement n and Indemnity this emergency ordinance shall now before this forthwith be given by the Clerk to -- meeting. the Board after passage. Section 4. Sale of Series ebb BE IT FUR o R ORDAINED Bonds. The Board.does hereby by the Board of County Recapprove and authorise the Bond Oo. snogris of Weld County, Indemnity Agreemennd t, the Colorado, that pursuant to Article I emarketi Letter the III, Section 3-14(c), of the Weld Remarketing County Home Rule Charter, the ,.,.onertion with the original sale marl of County Commissioners Hello