HomeMy WebLinkAbout780936.tiff RESOLUTION
RE: ABATEMENT OF TAXES - THE FIRST NATIONAL BANK OF GREELEY,
COLORADO, TRUSTEE FOR THE GREELEY AREA FOUNDATION.
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, pursuant to Colorado Revised Statutes 39-1-113 ,
1973 , as amended, a hearing was held on the 10th day of April ,
1978 , on petition number 5 of the First National Bank of Greeley,
Colorado, Trustee for the Greeley Area Foundation for abatement
of taxes for the years 1974 and 1975 in the amount of $7 , 364 . 40 ,
and
WHEREAS, at such hearing H. H. Hansen, Weld County Assessor,
was present, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado have considered the petition and the evidence presented,
and does find that the assessments in the aforementioned tax
abatement matter were improper, and therefore should be abated for
the calendar years 1974 and 1975 , and
WHEREAS, said petition was submitted to the Property Tax
Administrator of the State of Colorado, R. E. Carper, who has
reviewed said petition and approved the action of the Board of
County Commissioners of Weld County, Colorado, said approval having
been made on the 9th day of May, 1978 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the aforementioned
matter for abatement of taxes on property owned by the aforemen-
tioned taxpayer, be and hereby is , allowed to the extent as set
forth in this Resolution.
The above and foregoing Resolution was, on motion duly made
780936
•
and seconded, adopted by the following vote on the 10th day of
April, A.D. , 1978 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: CUu} l4iin^^441 114 ^ i
Weld County Clerk and Recorder
and—Clerk to the Boa�fd'
Py: Xa (I_ , _A rib. / l A.1((/ _62L—P.
/Deputy County Clerk
-100r AS TO FORM:
LP0-21004. C/
County Attorn y
Date Presented: May 15 , 1978
e-opi •
FORM PRESCRIBED BY THE PROPERTY TAX ADN 1TRATION
FORM 920 1/66-6/71 PETITION FOR ABATEMENT OR REFUNL r TAXES-ROECREL co..DENVER 27179
Petitioners: Use this side only.
Greeley Colorado, May 11 , 19 77
To The Honorable Board of County Commissioners of Weld County.
Gentlemen:
The petition of The First National Bank of Greeley, Colorado
Address 1O25 9th Avenue, Greeley, CO 8O631
DESCRIPTION OF PROPERTY
See Attachment 1
respectfully shows that the taxes assessed against your petitioner for the years A. D. 1974 ,
19 75, 19 , are erroneous or illegal for the following reasons, viz:
(Give full particulars as to wherein the error or illegality lies)
See Attachment 2
1974 19 75 19
Value Tax Value Tax Value Tax
li
Orig. $37, 360 $3, 521. 55 $37, 360 $3, 842. 85
Abate. $3-7-33.60 $3.4521...5.5 ....$37.,3.6.0 $3...842.. 85
Bal. o0 -0- —0— -0—
That ....he has paid said taxes. Wherefore your pet-
itioner prays that the taxes, as aforesaid erroneously or illegally assessed, may be abated or re-
funded in the sum of $ 7,,.3.6.4...4.0 The First National Bank of Greeley Trustee
for the Greeley Area Foundation
Petitioner.
By. 2:zrz z.:GE_...
us ell K. Haney , Senior Tttst , Mcer
Address 1O25 9th Avenue, Greeley , CO 8O631
STATE OF COLORADO, ))
Weld }ss.
County of )1
--7
�� `' //I A/c. y being first duly sworn, says that
...le is thepetitioner above named, and that ae facts stated in the foregoing
g g petition are true.
.Petitioner or Agent. y
Subscribed and sworn to before me this l tic/ day of `17( , 192.2.
My commission expires , 19
:.cJ�-..../.�.j1
C.L a/C-Gt
Notary Public
RESOLUTION OF COUNTY COMMISSIONERS
WHEREAS, The County Commissioners of Weld County,
State of Colorado, at a duly and lawfully called regular meeting held on the 10th day of
April , A. D. 19 78 , at which meeting there were present the following members:
Chairman Ed Dunbar, Commissioners June K. Steinmark,
Victor L. Jacobucci, Norman Carlson and Leonard Roe
notice of such meeting and an opportunity to be present having been given to the Assessor of said County and
said Assessor Herbert Hansen being present; and
WHEREAS, The said County Commissioners have carefully considered the within application, and
are fully advised in relation thereto,
NOW BE IT RESOLVED, That said petition be granted and the recommendation of
the Assessor be concurred in, and an abatement—refund—allowed on an assessed valuation of$ 74 ,720
on real property for the year 19 74 &tax5
$ 7 64 . 40
Chairman of Board of Cuumy Commissioners.
STATE OF COLORADO,
County of
Weld 55.
I Mary Ann Feuerstein , County Clerk and Ex-officio Clerk of the
Board of County Commissioners in and for the County of Weld
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 Weld
County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Greeley, Colorado this �y-j7c--f� v „f A. D. 19 7V
County Clerk.
By 7u ,./t t vZ -1
ik
r Deputy.
ACTION OF THE RROPERTY TAX ADMINISTRATOR
Denver, Colorado Si of 19 7Y
The action of the Board of County Commissioners, relative to ie within petition, is hereby approved—
denied.
T1; : : to itd fnr the following a •
ATTEST: THE PROPERTY TAX ADMINISTRATOR
J -
�AlW(.1'121 it,-!'. ,�'/f-Ci-1 i.c-CCU By
'/� Secretary. . 045.;•' •/ Administrator.42`�Tv> p 0 Fc°
o 1�� %N ) rom oul >,
a a o ,, � L U t z o
Q 7 9\ ..>;' � y0x °' yaso o
w� C CO r, �( „ /a��i T� 3
O ^ C. C Q� ,� W t. O -0 0 4, u, U U Si 0
: Z Y r� ro > '�' 3 v � cvc
\ 3 O '!r €� N Q �` N £ 4 C >,-
(;) 0 0
' F - an d .� t .�• e2 c 0 0 w
F PPil ,� c �' fi- r& 2p2 ro ro v E C c 2'o o
C n. s e46 z.S ,7, c �, a v°Jniti.:
F d 3 s' • y �' o' a a) m 0i
I c
a " o
,ti m E C yQ-oyxu �.o,c..
o, c.) x a n ° c 8
0
r7n�, m '� L 0 .. C ,� •Op-.
Description of Proper`
' A tract of land located in the NE-1/4 SE-1/4 of Sec 1 , Twnshp 5 North , R66W,
of the 6th P.M. , Weld County, Colorado, and being more particularly described
as follows :
Commencing at the SE Cor of sd Sec 1 ; and considering the E li of sd Sec 1 , to
bear N 00021 '46" W, and with all bearings contained herein relative thereto;
Th N 00021 ' 46" W, alg sd E li 2 ,009.47 ft;
Th S 89°54' 54" W, 38 ft to a pt on the W right-of-way li of 23rd Ave as platted
- in the City of Greeley, sd pt being the True Point of Beginning;
Th S 89°65 ' 54" W, 321 .55 ft; Th N 26°58' 01 " West, 25. 06 ft;
Th N 79033' 56" West 504.66 ft;
Th N 55033'26" W, 34. 10 ft. ;
Th N 08°38' 14" E, 437.85 ft to a pt on the S right-of-way line of 4th Street
as platted in the City of Greeley;
Th alg the S right-of-way li of 4th Street by the following five courses and
distances ;
S 80°32'46" E, 83. 39 ft; and alg an arc of a circular curve to the right whose
radius is 919. 50 feet and whose long cord bears South
70002' 16" E a dist of 335. 21 ft;
South 59"31 '46" East, 143. 70 ft; and alg the arc of a circular curve to right
whose radius is 1 ,396. 50 ft and whose long cord hears S 54°27 ' 46" E a dist
of 246.66 ft;
South 49°23' 46" E, 90.44 ft, to a pt on the West right-of-way line of sd
23rd Ave;
Thence S 00°21 ' 46" E, alg sd W right-of-way line 162. 19 ft to the True Point
of Beginning;
Said tract of land contains 7.201 acres , and is
subject to any rights-of-way or any other case-
ments as granted or reserved by instruments of
record or as now existing on sd tract of land.
with all its appurtenances subject, however, to the following items :
1 . Improvement district taxes and/or assessments.
2. All easements , rights of way, reservations or encumbrances contained
in instruments of record or now located upon the premises.
LWL :cc
12-23-76
Attachment I
The subject property was held in trust by the Greeley
Natioanl Bank of Greeley, Colorado, Corporate Trustee, and
Phylabe E. Houston , Individual Trustee , under the Last
Will and Testament of George M. Houston , Deceased. Under
the terms of the Will the Community Center for the Creative
Arts Inc. had the option to request distribution of the
property for a period of ten years after the death of Mr.
Houston. Should the Community Center for the Creative
Arts become defunct within the ten year period, the
property was then to go to School District #6 of Weld
County, Colorado. In 1973 the Community Center for the
Creative Arts requested a deed to the property and upon
receipt deeded this land to The First National Bank of
Greeley , Colorado , a National Banking Association , as
Trustee for the Greeley Area Foundation with the stipulation
that the ground be used to build a new Boys ' Club of Greeley.
At the time of the transfer the Greeley National Bank
submitted a request for tax exempt status , application
#76-470, File #62-01312. This request was denied on
May 11 , 1973 , on the basis that the property was not then
being used for any charitable purpose and this determination
would become final on the 11th day of June 1973 , unless
a petition for reconsideration was filed on or before such
date. On May 31, 1973, after the property was transferred
to The First National Bank of Greeley as Trustee for the
Greeley Area Foundation and prior to the final reconsider-
ation date , The First National Bank of Greeley requested
the Board of Assessment Appeals reconsider the request on
the basis that The First National Bank of Greeley as
Trustee had entered into a lease agreement with the Greeley
Boys ' Club of America for a term of ninety-nine years and
that the Boys ' Club had broken ground and started errection
of the new building. The new Boys ' Club building was
completed in December 1973 and was in operation during the
full calendar years of 1974 and 1975.
We received no response to our request for reconsideration
and made numerous contacts with the Weld County Assessor' s
Office and the Weld County Treasurer' s Office during 1974
and 1975 to determine the status of our request for reconsider-
ation . We are not sure as to why this request was not
acted on , but do know that the Weld County Assessor ' s Office
moved into a new building and are of the understanding that
the Division of Property Taxation also made a move during
this period of time. During one of our contacts with the
Weld County Assessor's Office a contact was made by the
Assessor' s Office to the Division of Property Taxation and
there appeared to be some misunderstanding in the
Division of Property Taxation Office concerning the original
request for tax exempt status and the request for reconsider-
ation in that the original request was made by the Greeley
National Bank and the request for reconsideration was made
by The First National Bank of Greeley. This bank then
filed a complete new application for tax exempt status
on application #76-470 file #62-01312 and a determination
was made that such exemption was justified and in accord-
ance with the intent of the law the exemption of this property
was granted effective January 1 , 1976.
The First National Bank of Greeley paid the 1974 taxes and
the 1975 taxes and this amount was added to the note of
the Boys ' Club of Greeley. In effect , the Boys ' Club of
Greeley paid real estate taxes in the amount of $7 , 364 .40
for the years 1974 and 1975. Both the Greeley Area Foundation
and the Boys' Club of Greeley are tax exempt organizations .
We Believe that these taxes were erroneously paid due to
circumstances beyond the control of either The First National
Bank of Greeley or the Boys ' Club of Greeley and are hereby
filing a petition for abatement and refund of taxes in said
amount for the years 1974 and 1975.
t
Attachment -2-
IS-DPI-ER State of Colorado 614'STATE CAPITOL ANNEX I
FORM 905-TI-73 , T DENVER,COLORADO 80203
DIVISICN OF PROPERTY L RT1 TAXATION
Department of Local Affairs
TELEPHONE (303) 892-2371
APPLICATION NO. •
72-223
•
IN THE MATTER OF File No. 62-01-100
The Application of County Weld
Parcel ID No.
Greeley National Bank, Trustee ≥
Att: Clifford Dean, Trust Offi.:er
8th Avenue & 8th Street ) DETERMINATION •
Greeley CO 80631 )
)
•
For exemption from general taxation of property owned and used solely and exclusively for
Strictly Charitable Purposes
description of Property:
•
•
Pt NE 1/4 SE 1/4 Sec 1-5-66 WBA Beg N 0 Deg 21' W 2009 .47 ' & S 89 Deg 54 ' W
38' from SE Cot of Sec; S 89 Deg 54' W 321.55' ; N 26 Deg 58' W 25.06' ; N 79 •
Deg 33 ' W 504.66' ; N 55 Deg 33 ' W 34.10' ; N 08 Deg 38' E 437.85' to Pt S R/W
Ln 4th St; S 80 Deg 32' E 83 .39 ' & along Arc of Circular Curve to R Radius is
•
919 ' & L Chord Bears S 70 Deg 02' E 335.21 ' ; S 59 Deg 31' E 143 .70' & along
Arc of Circular Curve to R Radius is 1396.50' & L Chord Bears S 54 Deg 27 ' E 246.66' :
S 49 Deg 23 ' E 90.44' to W R/W Ln 23rd Ave; S 0 Deg 21' E 162.19 ' to Beg (7.201 A)
'crsonal -property included, Furniture & Equipment ❑ Mdse & Supplies D Livestock ❑
The Administrator, having reviewed the application as provided in 1963 Colorado Revisecd
;tatutcs, Ch. 137, Art. 3, Sec. 17 (1) as amended, has determined that such exemption is
not justified and in accordance with the intent of the law, and exemption of the described
•roperty is hereby _ denied , the same to be effective_
Dated at Denver, Colorado, this /i day of _ May 1973
DIVISION OF PROPERTY TAXATION
Raymond E. Carper, Administrator
dm
•
Pv
.TTEST:
Arlene Kappeiman, Secretary
This determination will become final on the 1/ day of June lg 73uniess a
etition for reconsideration in filed on or before such nate.
(Copies to Applicant, Assessor, Treasurer and Board of County Commissioners)
Attachment 3
•
•
May 31, 1973
Board of Assessment Appeals
Department of Local Affairs
Denver, CO 80203
Re: Greeley Area Foundation
Gentlemen:
Reference is made to Application No. 72-223, File No. 62-01-100.
The pro,;-arty referred to in the above described application is
being tr&nsf-.:-red to The First National Bank of Greeley, Colorado
as T ustee f.-)r the Greeley Area Foundation as is evidenced by the
enclosed copies of unrecorded deeds. Also, this bank is entering
into a lease arrangement with the local Boys Club of hilierica for
a term of 99 years. The Boys Club his brokan ground cad sttrted
erectic- of the building.
r.'e are 1.- questing that the application be reccnsiercd, and that
this property be granted e:tenption From gt nc:ral t :K tion.
Very truly yours,
Louis C. Rieker
Vice President and
Trust Officer
dd
Enclosures
•
•
Attachment 4
I5 DPT -EX STATE OF COLORADO 614 CAPITOL ANNEX
FORM 905-71 -75 DENVER . CO . 80203
DIVISION OF PROPERTY TAXATION
DEPARTMENT OF LOCAL AFFAIRS
TFLE . ( 303 ) 892-2371
APPLICATION NO . 76-470
IN THE MATTER OF FILE NO . 62-01-312
THE APPLICATION OF COUNTY Weld
PARCEL NO . 62-0959-01-4-01-006
First National Bank Trustee )
1025 - 9th Avenue )
P. 0. Box 1058 ) DETERMINATI,ON
Greeley, CO 80631 )
FOR EXEMPTION FROM GENERAL TAXATION OF PROPERTY OWNED AND USED SOLELY AND
EXCLUSIVELY FOR Strictly Charitable Purposes
DESCRIPTION OF PROPERTY:
See attached.
PERSONAL PROPERTY INCLUDED , FURN . & EQUIP . XX MDSE . & SUPP . LIVESTOCK
THE ADMINISTRATOR , HAVING REVIEWED THE APPLICATION AS PROVIDED IN 1973
COLORADO REVISED STATUTES , TITLE 39 , ART . 2 , SEC . 117 , HAS DETERMINED THAT SUCH
EXEMPTION iS JUSTIFIED AND IN ACCORDANCE WITH THE INTENT OF THE
LAW , AND EXEMPTION OF THE DESCRIBED PROPERTY IS HEREBY granted
THE SAME TO BE EFFECTIVE January 1 19 76
DATED AT DENVER , COLORADO , THIS e;227 -2-HAY
DY OF December 19 76
DIVISION OF PROPERTY TAXATION
RAYMOND E . CARPER , ADMINISTRATOR
C�
B Y ?I< ( ���///1' ��-1-
ATTEST �//C1�liCZvt� A
ARLENE KAPPELM , SECRETARY Attachment 5
REC:LWL:cc
THIS DETERMINATION WILL BECOME FINAL ON THE / ?" 1JAY OF January 19 X6 77.
UNLESS A PETITION FOR RECONSIDERATION IS FILED ON OR BEFORE SUCH DATE .
( COPIES TO APPLICANT , ASSESSOR , TREASURER AND BOARD OF COUNTY COMMISSIONERS )
/
MAY 14 1974
•
Recorded at -----------
o'clock
i 14 1836496 5, Leo sheheee, Ir.. Record0E
Lease
This lease is made and executed on June 5, 1974 by and between the a First National Bank of Greeley as Trustee for the Greeley e G Colorado, herein eudation, hating
Greeley,its principal offices at 1025 9th Avenue, y+
as lessor, and the Bo s' Club of Greeley Inc. , a non-profit corporation organized
and existing under the laws of the State of Colorado, herein referred to as lessee.
SECTION ONE
; DEMISE, DESCRIPTION, AND USE OF PREMISES
r.r
Lessor leases to lessee and lessee leases from lessor, for the purpose
of conducting therein any lawful mss' Club of Greeley, Inc. , activities and for
no other purpose, those certain premises with the appurtenances, situated in the
City of Greeley, County of Weld, State of Colorado, and more particularly described
as:
"A tract of land located in the Northeast Quarter of the
Southeast Quarter (NE4 SE:) of Section 1, Township 5 North,
Range 66 West of the Sixth Principal Meridian, Weld County,
Colorado, and being more particularly described as follows:
Commencing at the Southeast Corner (SECOR) of said Section 1,
and considering the East line of said Section 1, to bear North
00° 21' 46" West, and with all other bearings contained herein
relative thereto; Thence North 00° 21' 46" West, along said East
line, 2,009.47 feet; Thence South 89° 54' 54" West, 359.55 feet;
Thence North 26° 58' 01" West, 25.06 feet; Thence North 79° 33' 56"
West, 81.10 feet to the true point of beginning; Thence
North
79° 33' 56" West, 504.66 feet; Thence North
6" West,
34.10 feet; Thence North 08° 38' 14" East, 437.85 feet to a point
on the South right-of-way line of 4th Street as platted in the
City of Greeley, Colorado; Thence South 80° 32' 46" East, along
said South right-of-way line, 30.00 feet; Thence South 08° 38' 14"
West, 130.00 feet; Thence South 80° 31' 19" East, 51.55 feet;
Thence along an arc of a circular curve to the right having a
radius of 789.00 feet, a central angle of 21° 01' 00", an arc
length of 289.41 feet, and long chord that bears South 70° 02' 16"
East, 287.79 feet; Thence South 59° 31' 46" East, 100.64 feet;
Thence South 09° 22' 30" West, 240.87 feet to the true point of
beginning. Said tract contains 3.230 acres. 1ro above described and
As used herein, the term "premises" refers to the real property
pert Y
to any improvements located thereon from time to time during the term hereof.
SECTION TWO
TERM
The initial term of this lease shall be for 99 years, commencing on
June 1st, 1973, and ending on June 1st, 2072. As used herein the expression,
"Term hereof" refers to such initial term and to any renewal thereof as herein-
after provided.
SECTION THREE
RENT
Subject to adjustment as provided below, the total rent for the initial
term shall be ninety-nine dollars ($99.00) , which lessee shall pay to lessor,
without deduction or offset, at such place or places as may be designated from
time to time by lessor, in installments as follows: $1.00 per year on June 1st
of each year.
SECTION FOUR
WARRANTIES OF TITLE AND QUIET POSSESSION
Lessor covenants that lessor is seized of the demised premises in fee
t ssee sall simple and has full ossessionrof'�thet o make demisedhis lease and premises duringatheeterm hereofhwe quiet and
peaceable p
•
eact* I`14 1636496
• 7-.z
-s- ,
SECTION FIVE
DELIVERY OF POSSESSION
If lessor for any reason whatsoever, cannot deliver possession of the
demised premises to lessee at the commencement of the lease term, as herein—
before specified, this lease shall be void.reformr shall all lelessor
sortbevl liable
leeto
lessee for any loss or damage resulting h eventen the
shall be a proportionate reduction of rent covering the period
commencement of the lease term and the time when lessor can deliver possession.
SECTION SIX
USES PROHIBITED
Lessee shall not use, or permit the demised premises, or any part thereof ,
to be used, for any purpose or purposes other than the purpose or purposes for
which the demised premises are hereby leased; acts done,
and no use sh
which will all made
e or
a
permitted to be made of the demised premises,
cancellation of any insurance policy covering the building i�ted oe the
ee,
premises, or any part thereof, nor shall lessee sell, or perm
used, or sold, in or about the demised premises, any article which may bet
prohibited by the standard form of fire insurance
icig eso thLessei=shall,ll,ate=,
its sole cost, comply with all requirements, p
• or any insurance organization or company, necessary for the maintenance of
insurance, as herein provided, covering any building and appurtenances at
any time located on the demised premises.
SECTION SEVEN
WASTE AND NUISANCE PROHIBITED
During the term of this lease, lessee shall comply with all applicable
laws affecting the demised premises, the breach of which might result in any
penalty on lessor or forfeiture of lessor's title to the on the demised
demised premises.
Lessee shall not commit or suffer to be committed, any
waste premises, or any nuisance.
SECTION EIGHT
ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST
Lessee may encumber by mortgage or deed of trust, or other proper
instrument, its leasehold interest and estate iins the e demised premises, together
with all buildings and improvements placed by
any indebtedness of lessee. The execution of any such mortgage, or deed of
e trust, or other instrument, or the foreclosure thereof, ores any
yvsalenthereunder,
either by judicial proceedings or by virtue of any power
h
mortgage or deed of trust, or conveyance by lessee to the holder of such
indebtedness, or the exercising of any right, power or privilege reserved in
any mortgage or deed of trust, shall not be held as a violation of any of
the terms or conditions hereof, or as an assumption by the holder of such
indebtedness personally of the obligations hereof. No such encumbrance,
foreclosure, conveyance, or exercise or right shall relieve lessee from its
liability hereunder.
If lessee shall encumber its leasehold interest and estate in the denised
premises and if lessee or the holder of the indebtedness secured by such
encumbrance shall give notice to lessor of the existence thereof and the
address of such holder, then lessor will mail or deliver to such holder, at such
address, a duplicate copy of all notices in writing which lessor may, from time
to time, give to or serve on lessee under and pursuant to the terms and
provisions hereof; such copies shall be mailed or delivered to such holder, at.
or as near as possible to, the same time such notices are given to or served
on lessee. Such holder may, at its option, at any t
ime before the rights of
lessee .shall be terminated as provided herein, pay any of the rents due
hereunder, or pay any taxes and assessments, or
do any
other
act
tlor may thing
ge
required of lessee by the terms hereof, any act or thing
necessary and h proper to t be done preventin ththe
termination hereof; al of the l payments so and conditions hereof, or to p
714 1636496
-3- 7- 3
made, and all things so done and performed by such holder shall be as effective •
to prevent a foreclosure of the rights of lessee thereunder as the same would
have been if done and performed by lessee.
SECTION NINE
NOTICES
All notices, demands, or other writings in this lease provided to be
given or made or sent, or which may be given or made or sent, by either party
hereto to the other, shall be deemed to have been fully given or made or sent
when postage prepaid, and addressed as follows:
TO LESSOR: First National Bank of Greeley, 1025 9th Avenue,
Greeley, Colorado.
TO LESSEE: Boy's Club of Greeley, Inc. , 2400 4th Street, Greeley,
Colorado.
The address to which any notice, demand, or other writing may be given or
made or sent to any party as above provided may be changed by written notice
given by such party as above provided.
SECTION TEN
TAXES AND ASSESSMENTS
(a) Taxes as additional rental. As additional rental hereunder, lessee
shall pay and discharge as they become due, promptly and before delinquency,
all taxes, assessments, rates, charges, license fees, municipal liens, levies,
excises or imposts, whether general or special, or ordinary or extraordinary, of
every name, nature and kind whatsoever, including all governmental charges
of whatsoever name, nature, or kind, which may be levied, assessed, charged,
or imposed, or which may become a lien or charge on or against the land hereby
demised, or any part thereof, the leasehold of lessee herein, the premises
described herein, any building or buildings, or any other improvements now or
hereafter thereon, or on or against lessee's estate hereby created which may
be a subject of taxation, or on or against lessor by reason of its ownership
of the fee underlying this lease, during the entire term hereof, excepting only
those taxes hereinafter specifically excepted.
(b) Assessments affecting improvements. Specifically and without in any
way limiting the generality of the foregoing, lessee shall pay all special
assessments and levies or charges made by any municipal or political subdivision
for local improvements, and shall pay the same in cash as they shall fall due
and before they shall become delinquent and as required by the act and proceedings
under which any such assessments or levies or charges are made by any municipal
or political subdivision. If the right is given to pay either in one sum or in
installments, lessee may elect either mode of payment, and its election shall be
binding on lessor. If, by making any such election to pay in installments, any
of such installments shall be payable after the termination of this lease or
any extended term thereof, such unpaid installments shall be prorated as of the
date of termination, and amounts payable after such date shall be paid by lessor .
All of the taxes and charges under this Section 10 shall be prorated at the commence
ment and expiration of the term hereof.
(c) Taxes excepted. Anything in this section to the contrary notwith-
standing, lessee shall not be required to pay any estate, gift, inheritance,
succession, franchise, income, or excess profits taxes which may be payable
by lessor or lessor's legal representative, successors, or assigns, nor shall
lessee be required to pay any tax that might become due on account of owner-
ship of property other than that herein leased which may become a lien on the
property herein leased or collectable out of the same.
1636,196
le 714 7-y
-4-
(d) Contesting taxes. If lessee shall in good faith desire to contest
the validity or amount of any tax, assessment, levy or other governmental
charge herein agreed to be paid by lessee, lessee shall be permitted to do so,
and to defer payment of such tax or charge, the validity or amount of which
lessee is so contesting, until final determination of the contest, on giving to
lessor written notice thereof prior to the commencement of any such contest,
which shall be at least -�j{'; days prior to delinquency, and on protecting
lessor on demand by a good and sufficient surety bond against any such tax,
levy, assessment, rate, or governmental charge, and from any costs, liability,
or damage arising out of any such contest.
(e) Disposition of rebates. All rebates on account of any such taxes,
rates, levies, charges, or assessments required to be paid and paid by lessee
under the provisions hereof shall belong to lessee and lessor will, on the
request of lessee, execute any receipts, assignments, or other acquittances
that may be necessary in the premises in order to secure the recovery of any
such rebates, and will pay over to lessee any such rebates that may be re-
ceived by lessor.
SECTION ELEVEN
CONSTRUCTION OF A NEW BUILDING
(a) Plans and specifications. On or before July 1st, 1973, lessee shall,
at lessee's sole expense, prepare plans and specifications for a new building
to be erected on the premises which shall provide for a one story Boy's Club
Building.
(b) Alterations, improvements, and changespermitted. Lessee shall have
the right to make such alterations, improvements, and changes to any building
which from time to time be on the premises as lessee may deem necessary, or
to replace any such building with a new one of at least equal value.
SECTION TWELVE
REPAIRS AND DESTRUCTION OF IMPROVEMENTS
(a) Maintenance of improvements. Lessee shall, throughout the term of this
lease, at its own cost, and without any expense to lessor, keep and maintain
the premises, including all buildings and improvements of every kind which
may be a part thereof, and all appurtenances thereto, including sidewalks,
adjacent thereto, in good, sanitary, and neat order, condition and repair, and,
except as specifically provided herein, restore and rehabilitate any improve-
ments of any kind which may be destroyed or damaged by fire, casualty, or
any other cause whatsoever. Lessor shall not be obligated to make any repairs,
replacements, or renewals of any kind, nature, or description, whatsoever to
the demised premises or any buildings or improvements thereon. Lessee shall
also comply with and abide by all federal, state, county, municipal, and other
governmental statutes, ordinances, laws, and regulations affecting the demised
premises, the improvements thereon or any activity or condition on or in such
premises.
(b) Damage to and destruction of improvements. The damage, destruction,
or partial destruction of any building or other improvement which is a part of
the premises shall not release lessee from any obligation hereunder, except
as hereinafter expressly provided, and in case of damage to or destruction of
any such building or improvement, lessee shall at its own expense promptly
repair and restore the same to a condition as good or better than that which
existed prior to such damage or destruction. Without limiting such obligations
of lessee, it is agreed that the proceeds of any insurance covering such damage
or destruction shall be made available to lessee for such repair or replacement.
SECTION THIRTEEN
UTILITIES
Lessee shall fully and promptly pay for all water, gas, heat, light,
power, telephone services, and other public utilities of every kind furnished
to the premises throughout the term hereof, and all other costs and expenses of
every kind whatsoever of or in connection w: th the use, operation, and
maintenance of the premises and all activities conducted thereon, and lessor
shall have no responsibility of any kind for any thereof.
•
•
OK'
714 1636496
-r
-s-
SECTION FOURTEEN
INDEMNIFICATION OF LESSOR
Lessor shall not be liable for any loss, injury, death, or damage to
persons or property which at any time may be suffered or sustained by lessee
or by any person whosoever may at any time be using or occupying or visiting
the demised premises or be in, on, or about the same, whether such loss, injury,
death, or damage shall be caused by or in any way result from or arise out of
any act; omission, or negligence of lessee or of any occupant, subtenant,
visitor, or user of any portion of the premises, or shall result from or be
caused by any other matter or thing whether of the same kind as or of a
different kind than the matters or things above set forth, and lessee shall
indemnify lessor against all claims, liability, loss, or damage whatsoever on
account of any such loss, injury, death, or damage. Lessee hereby waives all
claims against lessor for damages to the building and improvements that are
now on or hereafter placed or built on the premises and to the property of
lessee in, on or about the premises, and for injuries to persons or property
in or about the premises, from any cause arising at any time. The two pre-
ceeding sentences shall not apply to loss, injury, death, or damage arising
by reason of the negligence or misconduct of lessor, its agents, or employees.
SECTION FIFTEEN
ATTORNEY'S FEES
Lessor grants to lessee, subject to the conditions set forth below, the
right and option to renew this lease for a period of 99 years, beginning on
June 1st, 2072, and expiring on June 1st, 2171, at a rental determined as
provided above, and otherwise subject to and on all of the terms and conditions
herein contained. This option must be exercised by the giving to lessor, on
or before June 1st, 2072, a written notice of the exercise thereof, even
though such notice be timely given, unless lessee shall have timely performed
all of its obligations hereunder, and shall not be in default in the performance
of any thereof, on the date of the expiration of the initial term hereof.
SECTION SIXTEEN
REDELIVERY OF PREMISES
Lessee shall pay the rent and all other sums required to be paid by lessee
hereunder in the amounts, at the times, and in the manner herein provided,
and shall keep and perform all the terms and conditions hereof on its part to
be kept and performed, and, at the expiration or sooner termination of this
lease, peaceably and quietly quit and surrender to lessor the premises in
good order and condition subject to the other provisions of this lease. In the
event of the non-performance by lessee of any of the covenants of lessee
undertaken herein, this lease may be terminated as herein provided.
SECTION SEVENTEEN
REMEDIES CUMULATIVE
All remedies hereinbefore and hereafter conferred on lessor shall be
deemed cumulative and no one exclusive of the other, or of any other remedy
conferred by law.
SECTION EIGHTEEN
INSURANCE
(a) Insurance coverage of premises. Lessee shall, at all times during
the term of this lease and at lessee's sole expense, keep all improvements
which are now or hereafter a part of the premises insured against loss or
damage by fire and the extended coverage hazards for eighty per cent (80%)
of the full replacement value of such improvements with loss payable to
lessor and lessee as their interests may appear. Any loss adjustment shall
require the written consent of both lessor and lessee.
(b) Personal injury liability insurance. Lessee shall maintain in effect
boot 714 1636436
-6- 7-
throughout the term of this lease personal injury liability insurance covering
the premises and its appurtenances and the sidewalks fronting thereon in the
amount of Three Hundred Thousand Dollars ($300,000) for injury to or death of
any one person, and Five Hundred Thousand Dollars ($500,000) for injury to
or death of any number of persons in one occurrence, and property damage
liability insurance in the amount of Twenty-Five Thousand Dollars ($25,000) .
Such insurance shall specifically 'insure lessee against all liability assumed
by it hereunder, as well as liability imposed by law, and shall insure both
lessor and lessee but shall be so endorsed as to create the same liability on
the part of the insurer as though separate policies had been written for
lessor and lessee.
(c) Blanket insurance policies. Notwithstanding anything to the contrary
contained in this section, lessee's obligations to carry the insurance
provided for herein may be brought within the coverage of a so-called blanket
policy or policies of insurance carried and maintained by lessee; provided,
however, that the coverage afforded lessor will not be reduced or diminished
or otherwise be different from that which would exist under a separate policy
meeting all other requirements of this lease by reason of the use of such
blanket policy of insurance, and provided further that the requirements of
the foregoing paragraphs of this section are otherwise satisfied.
(d) Cost of insurance deemed additional rental. The cost of insurance
required to be carried by lessee in this section shall be deemed to be
additional rental hereunder.
SECTION NINETEEN
NOTICE OF DEFAULT
Lessee shall not be deemed to be in default hereunder in the payment of
rent or the payment of any other moneys as herein required or in the furnishing
of any bond or insurance policy when required herein unless lessor shall first
give to lessee 30 days written notice of such default and lessee fails to cure
such default within 30 days.
Except as to the provisions or events referred to in the preceding
sentence of this section, lessee shall not be deemed to be in default hereunder
unless lessor shall first give to lessee 30 days written notice of such default,
and lessee fails to cure such default within such 30—day period, or if the
default is of such a nature that it cannot be cured within 30 days, lessee
fails to commence to cure such default within such period of 30 days or fails
thereafter to proceed to the curing of such default with all possible diligence.
SECTION TWENTY
DISPOSITION OF IMRPOVEMENTS ON TERMINATION OF LEASE
On termination of this lease for any cause, lessor shall become the owner
of any building or improvements on the demised premises, and if such building
extends onto other property owned by the then lessee hereunder, such lessee
shall convey to lessor, on such termination, an undivided interest as tenant
in common in all of the property covered by such building which bears the same
proportion to the whole as the area of the demised premises bears to the total
area covered by such building, and lessor shall convey to lessee an undivided
interest as tenant in common in the demised premises which bears the same
relation to the whole thereof as the area covered by such building not included
in the demised premises bears to the whole area surrounding such building.
. SECTION TWENTY-ONE
PARTIES BOUND
The covenants and conditions herein contained shall apply to and bind the
heirs, successors, executors, administrators, and assigns of all of the parties
hereto, and all of the parties hereto shall be jointly and severely liable
hereunder.
o 714 1638496
-7- 1-7
SECTION TWENTY-TWO
This lease shall be subject to the terms and conditions bargain and sale
deed dated May 14, 1973, with the Creative Arts Center Inc. , a Colorado non—
profit corporation as grantor and the First National Bank of Greeley as trustee
for the Greeley Area Foundation as grantee.
SECTION TWENTY-THREE
Lessee may sublet any portion of the demised premises with the written
consent of the lessor.
In witness whereof, the parties have executed this lease at J 60 YP¢(
ii
C`"' �(—On the day and year first above
written. `17
Ka
r-'
The First National Bank of Greele ' BOY'S CLUB OF GREELEY, INC.
Colorado, Trustee for the Greeleyn�: y _
Area Foundation -- '
•Ae --/ m LesseQ 421S,rtf 7 f ,Vice President and Trust Officer_,_, &:ti , _,,/ _ (-+z-r-•
e �q
:,,,'.;:t\ a�� ,a Lessee
1,A
sbY Lessee i
.` •.t•;'
• • ��� ` �—�
_Le see -
___
STATE OF COLORADO ) `/
) ss. The foregoing instrument was acknowledged before me
County of Weld ) this
Sixth Day of June , 197= ,
by Louis C. Rieker, Vice President and Trust Officer of The First National Bank of
Greeley, Greeley, Colorado, Lessors and Norman D. Noe, President, Thomas E. Boyle,
Secretary, Kenneth L. Eckhardt, Treasurer, Alfred E. Zimmerman, Vice President,
BOSS Cats 9f Greeley, Inc.
O O
r' ..sg s^NtleiAt 'and Official Seal.
.inallion,Expires . 0-C/�f cc !/c3--4-�'-t .4°. . - :'-. �i
- ' c�
01,_
� �/� Notary Public
,, I .
Russell K.Haney The Firs) ,National Bank of Greeley
Senior Trust Office Post 0 ,Box 1058
• Trust Department Greeley. .,olorado 80631
Telephone 303 352-1651
#1 First of Greeley
May 3, 1978
Weld County Commissioners
Post Office Box 758
Greeley, Colorado 80631
Attention: Rita
Dear Rita;
Enclosed is a copy of the lease to the Boys' Club of Greeley, as per
your request.
Very y yours,
4-7447
R sell K. Haney
Senior Trust Officer
RKH/mc
Enc.
Hello