HomeMy WebLinkAbout962007.tiff Weld Co"nty Planning Dept.
OCT 071996
LIND, LAWRENCE & OTTENHOFF c
iv/E
ATTORNEYS AT LAW �1/
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECO,PIER
JEFFREY R.BURNS (970)3561111
October 4, 1996
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
Attention: Monica Daniels-Mika, Director
Re : Amended USR No. 918 and Certificate of Designation
(Jamison Tool and Colorado Incineration Services)
Dear Ms . Daniels-Mika :
This office represents Jamison Tool, Inc . and at this time we
are requesting that the above referenced USR and Certificate of
Designation be vacated. This request is made on behalf of Jamison
Tool, Inc . which is the legal title holder to the property and is
also a co-applicant .
This request is made only by Jamison Tool, Inc . and is based
upon the fact that Colorado Incineration Services, Inc . no longer
has any type of legal or equitable interest in and to the real
property. As Colorado Incineration Services, Inc . no longer has
any interest in the property, Jamison Tool, Inc . is authorized to
vacate and terminate the Certificate of Designation and Use by
Special Review.
The statement that Colorado Incineration Services, Inc . no
longer has any interest in the subject property is pursuant to a
judgment (copy enclosed) entered on September 3 , 1996 in Case No.
95-CV-583, District Court, County of Weld. Please note that
Defendant ' s tenancy was terminated and the Defendant is now
authorized to remove all property located upon the premises that
was owned by Colorado Incineration Services, Inc .
In conjunction with the vacating of the Certificate of
Designation and USR, it is necessary that equipment be removed.
Weld County currently has on deposit sums of money pursuant to
performance guarantees and you are advised that Jamison Tool, Inc .
has recorded its judgment and thereby claims a lien upon the funds
held by Weld County. At this time, Jamison Tool is not formally
F!\KF \J AMISON\PLANNING.LTR
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ee ; PG 962007
Weld County Department of Planning Services
October 4, 1996
Page 2
demanding that Weld County remove the equipment and property in
accordance with the performance guarantees, however, that request
may be forthcoming. In the meantime it is necessary that any
monies or things of value held by Weld County on behalf of Colorado
Incineration Services, Inc . be held pursuant to the claim of
Jamison Tool, Inc .
We request a response from Weld County to establish procedures
to terminate the USR and CD as well as to initiate removal of the
equipment and property of Colorado Incineration Services, Inc.
Very truly yours,
LIND, W EN OTTENHOFF
Ke neth F. Lind
KFL/cg
Enclosure
pc : John S . Pickle, Director Weld County Health Department
Stephen Laudeman, Colorado Department of Health
Lee Morrison, Assistant County Attorney
Jarrald Jamison, Jamison Tool, Inc .
F:\KFL\J AMISON\PLANNING.LTR
CoPY
DISTRICT COURT, COUNTY OF WELD, COLORADO
Case No. 95 CV 583 , Div. I
JUDGMENT'
JAMISON TOOL, INC. , a Colorado corporation,
Plaintiff,
v.
COLORADO INCINERATION SERVICES, INC. , a Colorado corporation,
Defendant .
THIS MATTER came on for Trial on September 3 , 1996 .
Plaintiff was present and represented by counsel . Defendant
failed to appear and Default Judgment was entered against
Defendant . Plaintiff' s President, Jarrald A. Jamison, testified
and the Court received into evidence a copy of the subject lease
and itemization of damages and relief sought . Upon consideration
of the evidence presented, and the record herein, the Court finds
that there was a breach of the lease and awards the following
damages :
1 . Rent and late fees from June, $29, 207. 16
1995 through September, 1996 :
2 . Defendant ' s share of insurance $673 . 43
coverage from June, 1995
through June, 1996 :
3 . Defendant ' s share of property $1, 573 . 72
taxes for 1995 and six (6)
months of 1996 :
4 . Cost to restore ceiling, $2, 590 . 00
insulation and lights:
5 . Attorney' s fees and costs 54 . 008 . 08
through September 2, 1996 :
6 . Subtotal: $38, 052 . 39
7. Plaintiff is awarded the -52 . 600 . 00
$2, 600 . 00 security deposit
held by Plaintiff and said
security deposit is credited
against the Judgment :
•
F:URBUAl.USONcSIVUDG ENT.D0C
8 . Judgment, therefore is entered in 535.452 .39
the amount of :
9 . Pre and post-judgment interest is ordered at eight (8k)
percent commencing June 1, 1995 . Interest through the date of
Judgment totals $3 , 574.37. Interest shall continue to accrue
until payment upon the Judgment at the rate of $7.77 per diem.
10 . Defendant ' s tenancy is hereby terminated effective
immediately and possession of the subject premises is hereby
awarded to Jamison Tools, Inc. Defendant is to vacate the
premises and remove all its property within seven (7) days of the
date of Judgment. If Defendant ' s property is not removed,
Plaintiff has the authority to, but need not, take all reasonable
and necessary actions to have Defendant' s personal property
removed, stored and/or disposed of in a commercially reasonable
manner and Plaintiff may restore the premises to its original
condition. The Court reserves jurisdiction to determine
additional costs and expenses involved in the removal of property
from the premises and restoration work. All additional costs and
expenses in removing, storing and/or disposing of Defendant ' s
property, and in restoring the premises to their original
condition, including reasonable costs and attorney' s fees, shall
be added to the Judgment upon Motion filed by Plaintiff.
DONE AND SIGNED this 1 day of .Lnr .
1996, nunc pro tunc September 3, 1996 .
BY THE COURT:
WILLIAM L. WEST
DISTRICT COURT JUDGE
•
RviummAscmLZShoymme IJOC
October 10, 1996
Ken Lind
Lind, Lawrence& Ottenhoff
1011 Eleventh Avenue
P.O.Box 326
Greeley, CO 80632
RE: Your Letter of October 4, 1996 Regarding
Amended USR#918 and Certificate of
Designation (Jamison Tool and Colorado
Incineration Services)
Dear Mr. Lind:
You and I spoke regarding this matter last week and I advised you that I believed the permits could be
expeditiously vacated. You have made that request to the Department of Planning Services. However,
you also added a demand that the County remove the equipment while, at the same time, asserting a
claim against the funds held by the County to secure removal.
Your positions appears to be less than consistent. Jamison Tool, Inc. claims the right to possess the
property and direct the future of the permits. The Court Order authorizes the removal of the equipment
by Jamison Tool and the addition of those costs to the judgment. Before the permit can be vacated, final
closure has to occur and that would involve removal of the equipment by the holder of the permit and the
owner of the property which in this case appears to be Jamison Tool, Inc. The County is not going to
perform the work of removal of the equipment when they still have a responsible party available to do so,
namely your client.
It seems to me that the appropriate process is for your client to remove the equipment and then exercise
the rights he has under the judgment including attachment or garnishment of funds to intercept funds
which the County would then owe to Colorado Incineration Services. Once this occurs and confirmation
of the closure is made by the Health Department,the Board of County Commissioners can act to vacate
the permits.
Thank you for your attention to this matter.
Yours truly,
Lee D. Morrison
Assistant Weld County Attorney
LDM/db:Let/Kenlind
pc: John Pickle
Steve Lauterman
Planning Department
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