HomeMy WebLinkAbout910297.tiff RESOLUTION
RE: APPROVE SALE OF TAX CERTIFICATE TO WASTE SERVICES CORPORATION - PIN R3564286
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 requested to sell a Tax Certificate regarding PIN
R3564286, and
WHEREAS, the County Attorney's staff has negotiated the terms of selling said
Tax Certificate #1403 to Waste Services Corporation in exchange for the payment of
the 1990 taxes and the base amount of the 1989 taxes which equal $8, 727.16, said
Certificate covering years 1988 and 1989 for property described as follows:
Improvements only for part of Lot 6 in part of the NE/4 SE/4 of
Section 17-5-65 (SE Greeley Annex 111) .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Tax Certificate 111403 be, and hereby is, sold to Waste
Services Corporation for the above described property.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 10th day of April, A.D. , 1991.
.444(7 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY C ORADO
Weld County Clerk to the Board
Gordo cy, an
By: 47/f �^�-G
Deputy Clerk to the d Ge//// a Kenne , Pro-Tem
AP AS TO FORM: S �.�
onst�ance L. Harbert
ounty Attorney C. W. Kitby�
� k ��fiii
W. H. Webster
910297
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STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
NOTICE
Docket No.9142
David B. Reynolds, being duly sworn, Pursuant to colorant Revved onedSn Statutes. the q
394
says that he is publisher of Board of county Commissioners of
Weld Colorado. deeded,
The New News, a weekly newspaper to 1ABit°�w�t`�e
published in Keenesburg in said County grv.oaan� m `aoha"ge
and State; that said newspaper has a ao t�he�b netm°found the
general circulation in said County u�CerB�te�c�ovepn'rYea� �
and 1w: [or Property described as
and has been continously and follows: Imprwementa oNy [or
uninterru tail pact o[L,ot 91n Pen o[ the N(SE
p y published therein, SE/4 0( Section 17595 1sE
Burin a Greeley Annex No. 1). The Avner.
Q period of at least d said improvements is United
fifty-two consecutive weeks prior to Latta. -Greeley l`"a"s
UNTY
the first publication of the annexed COM BOARD MSSIONDERS�
notice; that said newspaper is a WELD COUNTY,COLORADO
BY;DONALD D.WARDEN
newspaper within the meaning of the CLERK TO THE ROARePuty
BY: Carol A.Hermit
act of the General Assembly of the DATED: A2 19,i9s1
State of Colorado,, entitled "An Act '�Neew�w Ap"1 11, 1991, m
to regulate the printing of legal
notices and advertisements, " and
amendments thereto; that the notice
of which the annexed is a printed
copy taken from said newspaper, was
published in said newspaper, and in
the regular and entire issue of
every number thereof ,
once a week for O
successive weeks; that said notice
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
1� day of k c„."„i 19 9 : ,
and
the last on the day of
19 c10
Subscribed and swo n o before
me this Zeliday of ar,, ,
1921.
NOTICE
DOCKET N0. 91-22
Pursuant to Section 39-11-122, Colorado Revised Statutes, the Board of
County Commissioners of Weld County, Colorado, decided, on April 10, 1991,
to sell Tax Certificate 111403 to Waste Services Corporation in exchange
for the payment of the 1990 taxes and the base amount of the 1989 taxes
which equal $8, 727.16. The Tax Certificate covers years 1988 and 1989 for
property described as follows: Improvements only for part of Lot 6 in
part of the NE/4 SE/4 of Section 17-5-65 (SE Greeley Annex 111) . The owner
of said improvements is United Bank of Greeley Leasing Corporation.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
CLERK TO THE BOARD
BY: Carol A. Harding, Deputy
DATED: April 10, 1991
PUBLISHED: April 11, 1991, in The New News
91.0297
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COUNTY This messacre consists of
915 10th Street . pages plus this cover
Greeley, Colorado S063?
COLORADO Sent:•
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PLEASE DELIVER THE FOLLOWING PAGE(S) TO: _!J �v
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COMPANY: �
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FAX NO. :
FROM: r u � -ent_SPECIAL INSTRUCTIONS: r
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COUNT': PURCHASING D
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910297
15-DPT F PRESCRIBED BY THE PROPERTY TAX ADMINISTRATOR
FORM 920 1/66-8/90 Pt_ 'ION FOR ABATEMENT OR REFUND OF TAXES—c . .1DECKEL ca, DENVER 36312
Petitioners: Use this side only.
Greeley
, Colorado, 19 91
City or Town
To The Honorable Board of County Commissioners of Weld County
Gentlemen:
The petition of R.A.S. & Associates, Inc.
whose mailing address is. 815 Greenbriar Drive
Salina
Kansas 67401
City or Town State Zip Code
SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL
PIN R 3564286 Improvements only PT L6
PT NE4SE4 17 5 65
(Southeast Greeley Annx #1)
resp ctfully requests that the taxes assessed against the above property for the years A. D.
19 , 19 , are erroneous, illegal, or due to error in valuation for the following reasons:
(Completely describe the circumstances surrounding the incorrect value or tax.)
The improvements, which are the subject of the
tax, are attached to the land in a fashion that
would make the expense of removing the improvements
exceed the value of such improvements. The
improvements are to be removed as part of the sale
of the land which will be used and developed for
a different purpose than previously.
19 90 19
Value Tax Value Tax
46110 $4,233.08
Orig.
Abate. $4,233.08
Bal.The taxes thaw* (have not) been paid. Wherefore your petitioner prays that the taxes may
be abated or refunded in the sum of $-.4.,-233..-0-a
I declare, under penalty of perjury in the second degree that this petition, together with any
accompanying exhibits or statements, has been examined by me and to the best of my knowledge,
information and belief is true, correct and complete.
R.A...S-..-&--AsSo&zateS.,--.inc
Petitioner 7Agent
J ffrey . Bedingfield, A en
Address 815 Greenbriar Drive
Salina, Kansas 67401
cm.w.:no 7
e SZOre
RESOLUTION OF COUNTY COMMISSIONERS
WHEREAS, The County Commissioners of County,
State of Colorado, at a duly and lawfully called regular meeting held on the day
of , A.D. 19 , at which meeting there were present the following
members•
notice of such meeting and an opportunity to be present having been given to the taxpayer and
the Assessor of said County and said Assessor and taxpayer
being present; and (name)
(name)
WHEREAS, The said County Commissioners have carefully considered the within applica-
tion, and are fully advised in relation thereto,
NOW BE IT RESOLVED, That the Board _ with the recommendation of
(concurs or does not concur)
the assessor and the petition be and an abatement/refund
(approved or denied) (be allowed or not be allowed)
on an assessed valuation of$ for $ total tax for the year(s) 19
Chairman of Board of County Commissioners.
STATE OF COLORADO, ))
}ss.
County of l)
I, , County Clerk and Ex-officio Clerk
of the Board of County Commissioners in and for the County of
State of Colorado, do hereby certify that the above and foregoing order is truly copied from the
records of the proceedings of the Board of County Commissioners for said
County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at this day of , A. D. 19
County Clerk.
By
Deputy.
ACTION OF THE PROPERTY TAX ADMINISTRATOR
Denver, Colorado, , 19
The action of the Board of County Commissioners, relative to the within petition, is hereby
❑ approved; ❑ approved in part $ ❑ denied for the following reason(s)
ATTEST:
Secretary. Property Tax Administrator.
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Waste Ser� c��
CORPORATION
( ' -1 ..
March 21, 1991
Board of Weld County Commissioners
Centennial Center
Greeley, Colorado 80631
Dear Commissioners:
We received your letter of this date prepared by Bruce Barker
regarding the "terms for sale of Tax Certificate Number 1403 to Waste
Services Corporation." We regret that certain factual misunderstandings
seem to have developed and seek hereby to expediently rectify them.
Waste services Corporation has never represented in our
negotiations with the parties to our proposed acquisition of the
property, known as 2435 2nd Avenue, that the existing improvements would
be demolished subsequent to our purchase of this property.
We also desire that it be noted that the tax abatement request
dated March 8, 1991 filed by Shelton, Kinkade, and Bedingfield, P. C.
was on behalf of the sole petitioner, R.A.S. Associates, Inc.
Accordingly, Waste Services is not a party to this request and, as only
the prospective purchaser of the land, we do not have standing to be a
party/respondent to your letter of March 21, 1991. It is our opinion
that the County's offer and terms thereof to settle the question of
personal property taxes can only be responded to by the current
property/improvement owners (R.A.S. Associates, Inc. and/or United Bank
of Greeley) . Our involvement and interests continue to be limited to
the resolution of this issue as a pre-existing condition to our ability
to close on the property and restore it to productive use.
Notwithstanding, we take this opportunity to reiterate our
commitment to be responsible for any and all applicable future taxes
associated with this property should we ultimately acquire it.
We apologize for any inconvenience we may have caused you due to
our failure to adequately communicate these matters directly to you in
the past.
Respectfully,
C. Bradley Keirnes, William J. Hedberg, CPA
President Planning and Finance Director
CBK/WJH.hjw
copy: Bruce T. Barker, Assistant Weld County Attorney
Frances M. Louetalet, Weld County Treasurer
Warren Lasell, Weld County Assessor 91C2'9 ?
Jeff Bedingfield, Attorney at Law
6037 SEVENTY-SEVENTH AVENUE • GREELEY, COLORADO 80634 • (303) 330-2641
I . �
` g OFFICE OF COUNTY ATTORNEY
of t PHONE(3031 3564000 EXT. 4.191
P.O. BOX 1948
IPe
GREELEY. COLORADO 80632
WI
COLORADO
April 9 , 1991
Ernie Scott
Scott Realtors
1212 Eighth Avenue
Greeley, CO 80631
RE : Tax Certificate #1403
Dear Mr. Scott :
This letter is to confirm our negotiations and agreement by
telephone on Monday, April 8 , 1991 , concerning the sale of Tax
Certificate #1403 to Waste Services Corporation.
On Wednesday, March 13 , 1991 , the Board of County Commissioners
considered the abatement request by Jeff Bedingfield on behalf of
R.A. S . and Associates , Inc . , for property described as follows :
"Improvements only PT L6 , PT Northeast Quarter Southeast Quarter
17-5-65 ( Southeast Greeley Annex No. 1 ) . " A copy of Mr.
Bedingfield ' s letter and his request for tax abatement are enclosed
herein . The Board was told on that date by the Weld County
Attorney' s Office that the case entitled 5050 South Broadway
Corporation v. Arapahoe County Board of County Commissioners ; V
Brief Times Reporter, 127 , (Colo. App. 1991 ) , restricted the use of
abatements by the Board of County Commissioners for over-valuation
cases . Thus, the Board was precluded from granting the abatement
as requested for the 1990 taxes .
As an alternative, the County Attorney' s Office recommended that
the Board could endorse the 1990 taxes onto the Tax Certificate
#1403 , and then sell the Certificate to the new owner for the
property, Waste Services Corporation. The Board was under the
impression that the new owner, Waste Services, intended to remove
the improvements after the closing. The cost of the removal was to
be somewhere between $30 , 000 . 00 and $33 , 000 . 00 . The endorsement of
the 1990 taxes and the sale of the Tax Certificate depended upon
the setting . by the Board of the terms of the sale pursuant to
Section 39-11-122 , C . R. S .
910237
Ernie Scott
Page 2
April 9 , 1991
On Monday, March 18, 1991, the Board of County Commissioners set
the terms of the sale of the Tax Certificate. The terms were
stated in my March 21 , 1991 , letter to Brad Keirnes for Waste
Services Corporation. A copy of that letter is enclosed herein.
On March 22, 1991, the Board of County Commissioners received the
letter from Bill Hedberg on behalf of Waste Services . A copy of
that letter is enclosed herein. I then spoke with Jeff Bedingfield
on Monday, March 25 , 1991, as to the Board' s intentions with
regards to the Tax Certificate . Mr. Bedingfield called me back on
Thursday, April 4 , 1991 , to inform me that none of the parties
would comply with either of the conditions required by the Board as
set forth in my letter. Jeff asked me to find out if the Board
would allow the matter to be placed upon the Board' s agenda for
further consideration.
On Monday, April 8 , 1991 , you and/or your client offered to pay the
1990 taxes in exchange for the sale of the Tax Certificate to Waste
Services for a nominal sum. I communicated this offer to the
Board . The Board rejected your offer and suggested that the Board
would be willing to sell the Certificate to Waste Services for
payment of the 1989 taxes , with interest, and the 1990 taxes . The
1989 taxes had been endorsed upon the Tax Sale Certificate #1403 .
You called back on Monday, April 8, 1991 , and stated that you
and/or your client would pay the amount of the 1989 taxes , without
interest, and the 1990 taxes , in exchange for the sale of the
Certificate to Waste Services . The Board accepted your offer.
The base amount of the 1989 taxes on the property is $4 , 494 . 08 .
The amount of the 1990 taxes is $4 , 233 . 08 . The total is $8 , 727 . 16 .
In order to consummate this transaction, the Board will require the
payment of this sum to the Weld County Treasurer on April 9, 1991 .
Section 39-11-122 , C . R. S . , requires the Board to publish the terms
of the sale once in a newspaper of County-wide circulation. The
terms will therefore be published in the New News on Thursday,
April 11, 1991 . The matter will be formally presented for Board
approval on Wednesday, April 10 , 1991 . The Colorado Property Tax
Administrator must then approve this transaction prior to it
becoming effective.
Please contact me at 356-4000 , extension 4391 , if I have misstated
any of the facts surrounding the course of the negotiations
regarding the Tax Sale Certificate #1403 . Please also feel free to
91629'
Ernie Scott
Page 3
April 9, 1991
call me if you wish to discuss the matter of the Tax Sale
Certificate further.
Very truly yours,
Bruce T. Barker
Assistant County Attorney
BTB: sa
Enc .
xc : Jeff Bedingfield
Francis M. Loustalet, Weld County Treasurer
Warren Lasell, Weld County Assessor
:Irk''''.. ", SHEET` lv KINKADE .82 'BEDDJ rGFIELD �`�,
1 ..�
ATTORNEYS Al LAW �, A PR FEs(d-NAl .c., RPORATION4 ‘. . . - . . .
-,. _ "7- 1 \ �� _rte^
UNioN Coto.\ BN.K BL'ILDIV, • !WI Tu Esn THIRD A1EN['E • SATE A • GI ELLE1 CO SC63I • 303-35_'-36;3 • FAX 30335:_zc,3
W KI•LADE J-wk, H. SHEL-ON 191; 19S'
Et T. BEEN 6CFIELD
MAN W NASH
March 8 , 1991
Bruce Barker
County Attorney' s Office
Weld County Hand Delivered
Greeley, Colorado 80631
Re: Petition for Abatement of Taxes and Cancellation of
Certificates of sale
Dear Bruce:
Please find enclosed a Petition for Abatement of Taxes on tax
Parcel No. R 3564286 which involves the improvements only on Lot 6
of the NE/4 of the SE/4 of Section 17 , Township 5 North, Range 65 "
West, Weld County, Colorado.
As we have discussed, I am asking on behalf of R.A.S . & Associates,
Inc, that the Certificates of Purchase from the tax sales for 1988
and 1989 be' canceled. =
__ ____
It is my understanding that these matters can be put on the
commissioner ' s agenda for Monday, March 11 . I would appreciate
your scheduling these matters on that agenda .
If you need any additional information or have any questions,
please do not hesitate calling.
Very truly yours,
SHELTON, KINKADE & BEDINGFIELD
A Prof sion orporraation .
Je freY T.T Bedi e
ll
torney at Law
JTB:drg
Enclosure
911.029
_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
,� OFFICE OF COUNTY ATTORNE
PHONE (303) 3564000 EXT. 43!
140 1 9"' P.P.O. BOX 19-
''•�t GREELEY, COLOP.ADO 806:
t
r<i . y ra
s 0
;OLORADO
March 21 , 1991
Brad Keirnes , President
Waste Services Corporation
6037 77th Avenue
Greeley, CO 80634
RE : Property Taxes on
Improvements Located at
2435 2nd Avenue , Greeley,
Colorado
Dear Mr . Keirnes :
This letter is to confirm details of our telephone conversation of
Monday , March 18 , 1991 .
The Board of County Commissioners of Weld County, Colorado , has
considered the request by Waste Services Corporation and R . A . S .
Associates for the sale of Tax Certificate Number 1403 to Waste
Services Corporation on improvements located at 2435 2nd Avenue ,
Greeley, Colorado . The Board has received and read your March 13 ,
1991 , letter .
Pursuant to Section 30- 11- 122 , C . R . S . , the Board of County
Commissioners may sell the Tax Certificate upon conditions and
terms which the Board may deem reasonable . In this situation , the
Tax Certificate is for the 1988 taxes . The 1989 taxes have been
endorsed onto the Certificate . If the Board sells the Certificate
to Waste Services Corporation , the Board will also endorse the 1990
taxes onto the Certificate . The total amount of taxes due on the
Certificate will equal approximately $ 15 , 000 . 00 ( depending upon the
interest due at the time of payment ) .
The Board has directed that I offer the following terms to you for
the sale of the Certificate :
1 . All of the improvements which are the subject of the taxes
must be demolished and removed from the property within. 120
days after ;our closing date on the property . The Board
telieves that this proposal was what was originally raised by
O1 Q99,.w
Brad Keirnes
Page 2
March 21 , 1991
R . A . S . Associates , Inc . , through its attorney, Jeff
Bedingfield . It is the Commissioners ' belief that the County
should not discount the taxes unless and until the actions
which were originally represented to the Board are completed .
2 . The Board must be satisfied that the improvements have been
removed . The Commissioners will require an inspection by the
Assessor ' s Office to determine if this is indeed the case .
If Waste Services complies with these terms , the Board will then
sell the Certificate , with the endorsed 1989 and 1990 taxes , for a
nominal sum ( approximately $ 10 . 00 ) .
In the alternative , the Board has made it absolutely clear to me
that it will require the payment of the taxes if the improvements
stay . The Board did not discuss any other alternatives with me
when we met on Monday, March 18 , 1991 .
It is my understanding that we will meet to discuss this matter on
Thursday, . March 21 , 1991 , at 9 : 00 a . m. , at my office . If you
should have any questions regarding this letter, please feel free
to call me at 356 -4000 , extension 4391 .
yery4 ruly yours ,
K---truce T . Barker
Assistant County Attorney
BTB : sa
xc : Gordon Lacy, County Commissioner
Francis M . Loustalet , Weld County Treasurer
Warren Lasell , Weld County Assessor
Jeff Bedingfield
o29:.
E:0:0U8 REALTY CO.
Serving Northern Colorado for over 70 years
REALTORS O 12128th Avenue, Greeley, Colorado 80631 (303) 352-1212
March 14 , 1991
Weld County Board of Commissioners
P. O. Box 758
Greeley, Colorado 80632
Dear Board Members :
I , Ernest B. Scott , have been appointed as agent for R.A . S . &
Associates , Inc . , to act in its behalf to sell the property at 2135
2nd Avenue , Greeley , Colorado (see enclosure) . This letter is to
attempt to explain the position of R. A. S. as it pertains to the
taxes assessed on improvements constructed by past leasees . The
vacant property was leased to John and Richard Donley in June 1981 .
The lessees were to place certain improvements on the property at
their expense and the lease called for them to pay the taxes .
Apparently United Bank of Greeley owned the improvements and leased
them to Donley who subsequently assigned the lease to Orfa
Corporation, a new Jersey Corporation.
The Greeley Recycling operation was closed for business in 1987 and
Orfa Corporation defaulted on the lease payments on the
improvements as well as the land lease payments .
R. A. S. & Associates has been attempting to sell the land for four
years . The current buyer , Waste Services has contracted to
purchase the property in it "As Is" condition , but has not agreed
to pay delinquent taxes .
The improvements are currently assessed to United Bank of Greeley
or O. R . F . A . and R .A . S . cannot afford to pay taxes assessed to
others . Our position is that as land owners , we are severely
handicapped in our attempt to sell the property because of the
delinquent taxes on improvements that are not ours .
We ask that the Certificate of Sale for the 1988 and .1989 taxes be
cancelled , the 1990 and subsequent taxes for 1991 be abated . This
would allow our sale to close .
SCOTT MANAGEMENT CO. WELD FINANCIAL SERVICES CO.
It seems fair to the seller and new buyer that if any of the
improvements are utilized in the future that they be assessed to
the new owner or that the assessment for the improvements be merged
with the land since both the improvements and land will be under
one ownership .
Thank for your consideration in this matter .
Sincerely ,! :
Ernest B. Scott
Agent for R. A . S . Association
Enclosure
EBS/jlo
91.0,29";7
AR2230000 B 1279 02230000 10/12/90 16: 07 X15. 00 1/003 F 0426 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AR2230996 F 0799 80 MARY0ANN0FEUERSTEIN/CLERKS&SRECORDER WELD CO, CO
LIMITED APPOINTMENT OF AGENT
R.A.S. & Associates, Inc. , does hereby make, constitute and
appoint E. B. Scott of Greeley, Colorado as its true agent to
convey the following described real property in the County of Weld,
State of Colorado, to wit:
Lot 6 of the NE1/4 of the SE1/4 of Section 17, Township
5 North, Range 65 West of the 6th P.M. , as subdivided by
the Union Colony of Colorado,
EXCEPTING THEREFROM that part conveyed to The Department
of Highways, State of Colorado by Deed recorded
August 11, 1961 in Book 1592 at Page 19
Said agent is authorized to convey said property and to
perform the necessary acts to consummate the sale of said property
to Waste Services Corporation upon the terms and conditions of the
contract between R.A.S. & Associates, Inc. , Seller, and Waste
Services Corporation, Buyer dated July 17, 1990. Such agent is
hereby authorized to convey by general or special warranty deed;
to make payment and satisfy all mortgages, deeds of trust, taxes
and assessments, and other encumbrances against the property;
receive payment of the purchase money; and to execute all ordinary
and customary documents required of Seller at closing.
All rights, powers, and authority of said agent to exercise
any and all of the rights and powers herein granted shall commence
and be in full force and effect on October 9, , 1990 and
shall remain in full force and effect until all requirements of
closing the sale of the property to Waste Services Corporation have
been completed.
Dated this `j day of �.�' 1990.
R.A.S. & Associates, Inc.
By: - . ,/1;_ (71
Ruth A. Smith, Director
By: .' �=z iX . z.
Roy L. mith,i Jr. , D' ctor((;)BY: tc-e( 2.(' aii,Ma/
Vera Bell �on, Director
Bruce E. Smith, Director
Waste Services
CORPORATION
March 13, 1991
Board of Weld County Commissioners
Centennial Center
Greeley, Colorado 80631
Dear Commissioners:
We have been asked by Ernie Scott, POA for RAS, Inc. , to
correspond to you regarding the property commonly known as 2435 Second
Avenue, Greeley, Colorado, herein referred to as the "Property". In
addition, we have been asked to specifically address the improvements,
equipment and fixtures, herein referred to as the "Appurtenances".
Waste Services Corporation does not have at this time, nor have we
ever had, an ownership interest in the Property or the Appurtenances.
Over the past few months, we have had the Property under option to
purchase. During this time, we have been studying the market and
financial feasability of placing the Property into productive use, and
thereby, the desirability of exercising our purchase option. It is our
understanding that the Appurtenances have not been owned directly by
RAS, Inc. , the present owner of the Property, but were owned and leased
severably from the real estate. Furthermore, it is our understanding
that the Appurtenances are presently not, nor have they been in the
recent past, in a condition to be operable or of general utility to
either the owner of the Property or the parties associated with the
ownership and lease of the Appurtenances.
The present intentions of Waste Services Corporation is to attempt
to close on the Property, pending acceptable resolution of certain
issues relating to the Appurtenances. We believe the Appurtenances have
a present worth of something less than the demolition costs and
essentially no utility in their present condition. Nevertheless, we are
willing to assume future obligations associated with the renovation or
disposition of the Appurtenances. We are not in a position to state
whether some or all of the Appurtenances will be renovated and used or
disposed of and replaced with new improvements which better fit the
utility of the Property to our benefit.
We can assure the County Commissioners that, if we proceed with
the acquisition of the Property, including proper entitlement to future
rights and responsibilities of the Appurtenances, we intend to operate
it according to our same business practices as our other operations.
This would include proper maintenance and upkeep, and the payment of any
future real and personal property taxes associated with the fair
valuation of the Property and improvements, including some of the
Appurtenances which we may determine are economically viable to
renovate.
If we may be of further assistance in the resolution of this
matter, please contact us at your convenience.
Respectfully,
C. Bradley Keir es William J. Hedberg, CPA
President Planning and Finance Director
CBK/WJH.hjw 3' >
6037 SEVENTY-SEVENTH AVENUE • GREELEY, COLORADO 80634 • (303) 330-2641
United Bank of Greeley N al Association
1025 Ninth Avenue
PO. Box 1058
Greeley,Colorado 80632 -
Telephone:(303)356-1000
8! United Bank
March 13, 1991
Weld County Commissioners
Dear Commissioners:
RE: Taxes Due from Orfa Corp. of America on Partial
No. 096117402009
United Bank of Greeley is not obligated to pay the above-referenced
taxes. Orfa Corp of America (ORFA) is contractually obligated to
pay the subject taxes under the lease they executed August 1, 1984.
ORFA is currently protected under Chapter 11 Bankruptcy by the
Philadelphia Bankruptcy Court. United Bank of Greeley has sustained
a substantial loss in relation to the lease with ORFA. This loss is
not recoverable.
If I can be of any further assistance, please do not hesitate to
call me.
Siinnc�erely,7c
Jack L. Hinton
Real Estate/Commercial Banker
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P.O. BOX 1465 • GREELEY, COLORADO 80632 • (303) 356-3001
PROPOSAL SUBMITTED 10 PHONE DATE
Scott Realty Company 352-1212 October 4, 1989
STREET i JOB NAME
1212 8th Avenue Greeley Recycling
CITY, STATE AND ZIP CODE JOB LOCATION
Greeley, CO 80631 2435 2nd Avenue - Greeley CO,
ARCHITECT DATE Of PLANS JOB PHONE
We hereby submit specifications and estimates for
The removal of the trash dumping facility in its
Ientirety including the following items.
1 ) Tear down and dispose of metal building completly.
2) Breake up all concrete.
3) Remove and dispose of concrete as necessary.
4) Remove scale and scale pit.
5) Spread raised portion of lot over entire site & grade to
a reasonable condition.
6) Obtain permit for demolition
Excludes:
Being resonsible for locating and or disconnecting utilities,
Under ground or other wise.
r Vrltlunw hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
Thirty Three Thousand Six Hundred Dollars and no/100 dollars($ 33,600.00 )
Payment In he made as WOWS:
Periodic Progress, Full and final payment upon completion.
An material is guaranteed to be as specified. All work to be completed pri a wnrMnenble 1-----2.7t14>
a
marine. MEOW.*to standard practices. Any alteration or deviation Item move%pet itt, Authorized ��`l JC.c.,• ,/ J(T LK_. ,c_�
Dons involving calm costs writ be ereculed only upon written orders,amt will become an Signature _
eava charge over and above the estimate.All agreements contingent upon strikes,accidents Pr1gSl�ent
or delays beyond our control.Owner to carry lire,tornado and other necessary insurance. ul e': p]prOpO5al miry be
Our workers ate lolly covered by workmen's Compensation Insurance withdrawn by us it not accepted within— 30 days
\)j 9' /
Arrro ttorr of FrUpoott1 —The above prices. specifications \
and conditions are satisfactory and are hereby accepted. You are authorized Signature (a (U,
to do the work as specified.Payment will be made as outlined above. .91.°297
Signature __
Date of Acceptance. _ _
!kr'!RI•DR� ... 1�FINwswteM,-m.! {.._R, .cm..;y�l%+'.Ma'+;aww•�a^a-.
Page NO. 1 of 1 Pages
BID PRC �OSAL
AGRITRACK INC.
27451 Weld Rd 388
Kersey, Colorado 80644
PROPOSAL SUBMITTED TO PHONE DATE
Scott Realty Company 352-1212 _ October 12, 1989
STREET JOB NAME
1212 8th Ave.
CITY,STATE AND ZIP CODE JOB LOCATION
Greeley, CO 80631 South 2nd Ave - Greeley, CO
ARCHITECT DATE OF PLANS JOB PHONE
We hereby submit specifications and estimates for:
Contractor will dismantle building and equipment. Equipment will be stacked •
neatly on site and will remain property of owner.
•
Concrete structure shall be removed. Concrete will be disposed of off site.
Dirt ramps to trash compaction area to be leveled on site, filling in holes
and depressions left from demolition.
In the event that the scale and scale mechanism have been sold and removed
prior to this project being started, contractor will demolish scale pit and
backfill.
Contractor will purchase all permits necessary to comply with the City of
Greeley requirements.
Contractor will provide owner with proof of business liability insurance and •
workman's compensation.
4
WE PROPOSE hereby to furnish material and labor —complete in accordance with above specifications, for the sum of:
Thirty Thousand Five Hundred dollars l$ 30,500.00 I.
Payment to be made as follows: •
Progress payments - 5G% of contract due after building and equipment have been
dismantled. Remaining balance due upon completion job.
w
All material is guaranteed to be as specified. All work to be completed in a orkm anllke Authorized
manner according to standard practices. Any alteration or deviation from above specifica- Signature
tions involving extra costs will be executed only upon written orders,and will become an
extra charge over and above the estimate.All agreements contingent upon strikes,accidents Note: This proposal may •
or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. withdrawn by us if not accepted within 15 days.
\\ Our workers are fully covered by Workmen's Compensation Insurance.
�/�\ ACCEPTANCE OF PROPOSAL-The above prices,specifications %\\
Signature
and conditions are satisfactory and are hereby accepted. You are authorized
1.0`�
to do the work as specified.Payment will be made as outlined above. a. P�1a9"y Signature
Date of Acceptance:
•
Waste Servicc
CORPORATION
—
March 21, 1991
Board of Weld County Commissioners
Centennial Center
Greeley, Colorado 80631
Dear Commissioners:
We received your letter of this date prepared by Bruce Barker
regarding the "terms for sale of Tax Certificate Number 1403 to Waste
Services Corporation." We regret that certain factual misunderstandings
seem to have developed and seek hereby to expediently rectify them.
Waste services Corporation has never represented in our
negotiations with the parties to our proposed acquisition of the
property, known as 2435 2nd Avenue, that the existing improvements would
be demolished subsequent to our purchase of this property.
We also desire that it be noted that the tax abatement request
dated March 8, 1991 filed by Shelton, Kinkade, and Bedingfield, P. C.
was on behalf of the sole petitioner, R.A.S. Associates, Inc.
Accordingly, Waste Services is not a party to this request and, as only
the prospective purchaser of the land, we do not have standing to be a
party/respondent to your letter of March 21, 1991. It is our opinion
that the County's offer and terms thereof to settle the question of
personal property taxes can only be responded to by the current
property/improvement owners (R.A.S. Associates, Inc. and/or United Bank
of Greeley) . Our involvement and interests continue to be limited to
the resolution of this issue as a pre-existing condition to our ability
to close on the property and restore it to productive use.
Notwithstanding, we take this opportunity to reiterate our
commitment to be responsible for any and all applicable future taxes
associated with this property should we ultimately acquire it.
We apologize for any inconvenience we may have caused you due to
our failure to adequately communicate these matters directly to you in
the past.
Respectfully, /
•
C. Bradley Keirnes, William J. Hedberg, CPA
President Planning and Finance Director
CBK/WJH.hjw
copy: Bruce T. Barker, Assistant Weld County Attorney
Frances M. Loustalet, Weld County Treasurer
Warren Lasell, Weld County Assessor
Jeff Bedingfield, Attorney at Law CI1..6°1-°
6037 SEVENTY-SEVENTH AVENUE • GREELEY, COLORADO 80634 • (303) 330-2641
oi•co<o { -- Colorado Department of Local Affairs
A*1 DIVISION OF PROPERTY TAXATION
h � PI
„* * Mary E. Huddleston
* * Property Tax Administrator
X1876 * IV -�
Roy Romer May 1, 1991
Governor
Gordon E. Lacy, Chairman
Weld County Commissioners f ry
P.O. Box 758 \(e-
Greeley, CO 80632
Dear Mr. Lacy:
We recently received a request from Bruce Barkley, Assistant Weld County
Attorney, for approval of the transfer of tax sale Certificate of Purchase No.
1403.
As we understand it, the facts are as follows. The certificate pertains
to delinquent property tax on "improvements only. " The improvements can be
used for only one special purpose (recycling of waste materials) .
As of April 1, 1991, the total tax delinquency was $10,928.86. This
includes the base tax amounts for the assessment years 1988 and 1989, plus all
accrued interest, penalties, and fees. The amount being waived by the Board
of County Commissioners is $6,434.78. This figure includes the base tax for
1988, plus all accrued interest, penalties, and fees for both the 1988 and
1989 taxes.
The amount of taxes being collected from the prospective purchaser is
$8,727.16. This includes the base tax amount of $4,494.08 for 1989 taxes plus
$4,233.08, the taxes for the year 1990. The latter amount, if not paid before
August 1, 1991, will become delinquent on that date.
The Board of. County Commissioners tried unsuccessfully to collect the
full redemption value of the certificate. In negotiating with the prospective
purchaser, it became apparent that there would be no sale of the certificate
unless its price was reduced. If the sale of this tax certificate is not
finalized, it is doubtful Weld County will ever collect any tax money on the
improvements. This is because there is no land -involved, and the single use
nature of the improvements.
Being satisfied that the waiver of a portion of the delinquent taxes was
necessary, and that the Weld County Board of Commissioners has complied with
the provisions of 39-11-122, C.R.S. , I am approving, by this letter, the
transfer of Tax Certificate No. 1403.
Sincerely,,
Aely
Mary E. Huddleston
Property Tax Administrator
C: Bruce T. Barker, Asst. Weld County Attorney
Ag
F/y Francis M. Loustalet, Weld County Treasurer :
�� "{ O- \ n\ 1313 Sherman Street, Room 419, Denver, Colorado 80203, (303) 866-2371
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