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HomeMy WebLinkAbout981725.tiff RESOLUTION RE: APPROVE AMENDMENT TO FINANCING AGREEMENT FOR GREELEY CENTER FOR INDEPENDENCE AND AUTHORIZE CHAIR TO SIGN - NORWEST BANK COLORADO, N.A. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Amendment to the Financing Agreement for the Greeley Center for Independence among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County; Norwest Bank Colorado, N.A.; and Greeley Center for Independence, Inc., with terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment to the Financing Agreement for the Greeley Center for Independence among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County; Norwest Bank Colorado, N.A.; and Greeley Center for Independence, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D., 1998. BOARD OF COUNTY COMMISSIONERS 7COUNTY, COLORADO ATTEST: ?/ �,f���\ LYE ► fir/ �:- \ Constance L. Harrrbb rt, Chair /�I Weld County Clerk t• � �f /` P kb/CN�l 1� d BY: j �ti a I;; ;'; W. H. W bster, ro-Te Deputy Clerk to th=,.�. �'\. et- orge . Baxter A" 'OV e AS T• ORM: Dais K. Hall wit✓��r �/ � ' • { unty to •_ i�'J� G �r� '2c,L / Barbara J. Kirkmeyer t 981725 F/; CA; N0,-eot BC0026 ====; Norwest Bank Colorado, N.A. NORWEST BANKS Greeley NESSE 1025 9th Avenue NNNEN IN Post Office Box 1058 Greeley, Colorado 80632-1058 970/356-1000 August 27, 1998 Hope Cassidy,Executive Director Greeley Center for Independence 2780 28th Avenue Greeley, CO 80631-7803 RE: Modification of Original Financing Agreement among Weld County, Colorado and Greeley Center for Independence,Inc. and Norwest Bank Colorado,National Association,Dated as of August 27, 1996 relating to$1,350,000 Weld County, Colorado Industrial Development Revenue Bond(Greeley Center for Independence,Inc. Project) Series 1996. First Amendment to Financing Agreement This First Amendment to Financing Agreement is made between NORWEST BANK COLORADO,NATIONAL ASSOCIATION,a national banking association(the"Bank")and GREELEY CENTER FOR INDEPENDENCE,INC., (the Borrowers")and agreed to by WELD COUNTY, COLORADO(the"County"). This First Amendment is dated effective as of the first day of August, 1998. 1. Recitals. The Bank and the Borrower entered into a Financing Agreement dated August 27, 1996 relating to$1,350,000 Weld County, Colorado Industrial Revenue Bond(Greeley Center For Independence,Inc.Project) Series 1996 (the"Financing Agreement"). The Bank and the Borrower have agreed to amend the Financing Agreement with respect to covenants between Borrower and Bank only,as set forth below. 2. Amendment. Section 17. Covenants of Center and Bank. (d). Financial Statements. Within 60 days after the end of each quarter of the Center's fiscal year,the Center shall furnish the Registered Owner with the Center's unaudited quarterly financial statements. Within 120 days after the end of each fiscal year of the Center,the Center shall furnish the Registered Owner with financial statements of the Center, Camelot I Apartments and Camelot II Apartments,for such fiscal year,audited by an independent certified public accountant, or a firm thereof. In addition,for each fiscal year beginning with 1997, the Center shall furnish to the Registered Owner a CPA compiled consolidated financial statement for the Center, Camelot I Apartments and Camelot II Apartments within 120 days after the end of each fiscal year. (I) The Center shall by 9/30/98,and ever year thereafter, maintain a debt service coverage ratio of at least 2.0:1. The debt service coverage ratio shall be calculated by dividing traditional cash flow (revenues less expenses,plus depreciation and interest expense)by debt service requirements(interest, plus current maturities of long term debt)all as determined in accordance with Generally Accepted Accounting Principles. O13 I76qS Financing Agreement Amendment Greeley Center for Independence,Inc. Page#2 -August 27,1998 3. Defined terms. All terms used in this First Amendment as defined terms will have the meanings given to them in the Financing Agreement. 4. Continued Effectiveness. The Financing Agreement,as amended by this First Amendment, remains in full force and effect. IN WITNESS WHEREOF,the County the Center and the Bank have caused this Amendment to the Financing Agreement to be executed in their respective names by themselves or by their duly authorized officers or partners and have caused their respective corporate seals,if applicable, to be hereunto affixed,all as of the date first above written. GREELEY CENTER FOR INDEPENDENCE,INC. SEAL By: Hope Cassidy,Executive Direct NORW BANK C ORADO,NA ON IL ASSOCIATION SEAL • Raymond till , e res dent WELD COUNT OLORADOBy: Chaff; C. st .= L /H (09 6/y•' ) -''\ By: ,%//.%,%// f!/- S/ L rcct Uf: C er to the Boa II►II IIIs' NORW.sr 1O1 NORWEST BANK COLORADO, N.A. INTEROFFICE MEMO To: Mr. Donald Warden From: Ray Ulibarri Date: September 8, 1998 Subject: Modifications between Greeley Center for Independence and Norwest Bank Colorado, N.A. to Financing Agreement dated 8/27/96 relating to $1,350,000.00 Weld County, Colorado Industrial Revenue Bond Series 1996. Please find enclosed an amendment agreement regarding financial reporting requirements and debt service coverage compliance from the original Financing Agreement. Changes proposed are considered minor, however we wanted to formally amend the agreement to acknowledge the Bank's and Greeley Center for Independence's approval. Please sign the enclosed original letter and return it to me in the postage paid envelope. I have indicated Barbara Kirkmeyer as Chair for the County, as she signed on the original documents. Please call me at (970) 395- 7055 if you have any questions or concerns. Thank you for your assistance. • t - AA, 1:2i2�a- ,4 y. �W?��S. 1n�, cut) 2a zL. (1 L, CC - NcA Ba- _ (" 'ia 14 .Ai * — fat �U Hello