HomeMy WebLinkAbout930416.tiff AK2332806 RESOLUTION
o RE: APPROVE RELEASE OF CASH COLLATERAL - TIRE MOUNTAIN, INC.
O
C7 WHEREAS, the Board of County Commissioners of Weld County, Colorado,
• pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
0 z with the authority of administering the affairs of Weld County, Colorado, and
ka WHEREAS, the Board did, by Resolution dated October 3, 1990 approve an
Amended Certificate of Designation, Amended Site Specific Development Plan, and
O Amended Use by Special Review Permit for a tire landfill, storage, and recycling
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• facility for Tire Mountain, Inc. , concerning property described as the SE,' of
M Section 32, Township 3 North, Range 65 West of the 6th P.M. , Weld County,
Colorado, and
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WHEREAS, by Resolution dated September 11, 1991, the Board approved a
m a Supplemental Performance Guarantee Agreement, with the terms and conditions being
as stated in said agreement, and
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WHEREAS, in said Supplemental Performance Guarantee Agreement, the
o ccnn Reclamation Surcharge Fund was established, under which agreement Tire Mountain,
Inc. was required to charge a 5% reclamation surcharge on all tires coming into
10 z applicant's facility to be paid to the County Treasurer, and
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N WHEREAS, Tire Mountain, Inc. , through their attorney, Ken Lind, has
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, submitted a request to release said cash collateral currently held by the County
o in the Reclamation Surcharge Fund, including accrued interest, and
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w� WHEREAS, said Reclamation Surcharge Fund has accumulated $19, 086.39 which
was paid by Tire Mountain, Inc. , with an additional $431.52 interest earned,
m or making a total of $19,517.91, as shown on Exhibit "A" attached hereto and
ri o incorporated herein by reference, and
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M w WHEREAS, after review, the Board deems it advisable to approve said request
by releasing $19,517.91 presently being held in the Reclamation Surcharge Fund
to Tire Mountain, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the $19,517.91 presently being held in the Reclamation
Surcharge Fund be, and hereby is, released to Tire Mountain, Inc.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and
hereby is, directed to return said cash collateral to Tire Mountain, Inc.
BE IT FURTHER RESOLVED by the Board that Tire Mountain, Inc. , be, and
hereby is, released from collecting and remitting the special reclamation
surcharge pursuant to the Supplemental Performance Guarantee Agreement.
930416
Pc-o45(0
RE: RELEASE CASH COLLATERAL - TIRE MOUNTAIN, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
cn O adopted by the following vote on the 5th day of May, A.D. , 1993.
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BOARD OF COUNTY COMMISSIONERS
N0 ATTEST y ,2�� _ WELD COUNTY, COLORADO
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930416
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930416
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING I; LL1
1011 EL,EVENIH AVENUE 11 L'i
1MAY 031993
GREELEY,COLORADO 80632 �1_ (/'��.. 11''��
GEORGE H.OTTENHOFF EL D `-1 Aa�S�J Y
KENNETH AR END April 30 , 1993 ATTORNEY�1 ICE
KIM R.I AWRENCE
(303)356-1111
Thomas O. David
Weld County Attorney
P.O. Box 1948
Greeley, CO 80632
Re : Tire Mountain, Inc . (Amended USR-842)
Dear Mr . David:
On several occasions this office has submitted written
requests for release of funds currently held by Weld County
pursuant to a September 11, 1991 Supplemental Performance Guarantee
Agreement . Most recently, on April 8 , 1993 we submitted another
written request and demanded that the collateral, plus accrued
interest, be released not later than April 28 , 1993 .
Thereafter on April 19 , 1993 we received a copy of a
Memorandum dated April 15 , 1993 from the Weld County Health
Department which indicated that Tire Mountain was in compliance
with the September 11, 1991 Supplemental Performance Guarantee
Agreement . This Memorandum is clearly intended to comply with
Paragraph 12 . 0 of the September 11, 1991 agreement which required
the Weld County Health Department to present a Statement of
Compliance .
The Statement of Compliance has now been submitted and there
is absolutely no further reason for Weld County to continue to
unlawfully and improperly deny release of the collateral . Due to
Weld County' s continued failure to release the funds, the purpose
of this letter is to advise you that on May 11 , 1993 this office
has been instructed to commence a civil action against the Board of
County Commissioners of Weld County to secure release of the funds
as well as to seek injunctive relief and recover any other damages
that may be allowable due to the County' s unlawful action.
Very truly yours,
LIND, WRENCE T HOFF
Kenneth F. Lind
KFL/cg
pc : Jerry Jamison
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