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HomeMy WebLinkAbout8535RESOLUTION NO. 8535 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND HARTUNG AGALITE GLASS CO., INC. RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT AND AUTHORIZING THE TRANSFER OF REAL PROPERTY AND THE EXPENDITURE OF $250,000 THEREFOR FROM THE 1992 -2001 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND WHEREAS, Hartung Agalite Glass Co., Inc. has expressed a willingness to locate its business activities at the Pueblo Memorial Airport Industrial Park and has committed to employ fifty (50) full time employees, and WHEREAS, Hartung Agalite Glass Co., Inc. through the Pueblo Economic Development Corporation has made application for funds from the 1992 -2001 Sales and Use Capital Improvement Projects Fund and conveyance of real property at Pueblo Memorial Airport Industrial Park, and WHEREAS, the real property to be conveyed is surplus to the City's needs, and WHEREAS, the purchase price of $1.5 million is reasonable and fair consideration under all attendant circumstances for the real property, and WHEREAS, the City Council is willing to approve such application for funds and transfer of the real property upon the terms and conditions set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The City Council does hereby find and determine that Hartung Agalite Glass Co., Inc.'s application for funds and transfer of real property meets and complies with the criteria and standards established by Ordinance No. 5742 and will create employment opportunities justifying the expenditure of public funds. SECTION 2 The Agreement dated September 30, 1998 between Pueblo, a municipal corporation and Hartung Agalite Glass Co., Inc. and Warranty Deed attached thereto having been approved as to form by the City Attorney, are hereby approved. The President of the City Council is authorized to execute and deliver the Agreement and Warranty Deed in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. SECTION 3 Funds in an amount of $250,000 are hereby authorized to be expended and made available to Hartung Agalite Glass Co., Inc. out of the 1992 -2001 Sales and Use Tax Capital Improvement Projects Fund for the sole purpose of reimbursing it for the cost of the job creating capital improvement project. described in the attached Agreement. The funds hereby authorized to be expended shall be released and paid by the Director of Finance to or for the benefit of Hartung Agalite Glass Co., Inc. after receipt (i) by the City Clerk of the documents required to be filed pursuant to paragraph 2(a) of the Agreement and (ii) by the Director of Finance of written requests for payment required by paragraph 2(c) of the Agreement. SECTION 4 This Resolution shall become effective upon final passage. ATTEST: City Clerlb INTRODUCED: September 30, 1998 By Rich Golenda Councilpers APPROVED: J President oft ity C uncil F. \FILMCT CYWRPOR'nHARTUNGIRESOLUCN.WPD -2- SEPTEMBER 30, 1998 AGENDA - CITY COUNCIL BACKGROUND MEMORANDUM - RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND HARTUNG AGALITE GLASS CO., INC. The Resolution approves an Agreement between the City and Hartung Agalite Glass Co., Inc. (the "Company ") relating to a job- creating capital improvement project. Company has committed to purchase the Lan Technology building and land for a purchase price of $1.5 million and employ 50 full-time employees at the facility. The City will advance $250,000 out of the one -half cent sales tax revenues toward the renovation of the building. The City will also convey the Lan Technology land and building located at the Pueblo Memorial Airport Industrial Park to Company's assignee Nick Sciola, the owner of the Company. If Company fails to meet its employment commitment of 50 full -time employees during the seven year repayment period starting March 1, 1999, Company will repay the City funds advanced on a pro -rata basis equal to $178.59 for each employee less than 50 during each quarter of the repayment period. The repayment obligation is not secured. City's funds will only be advanced upon certification that renovation work on the building equal to that amount has actually been performed. The general contractor will be selected by competitive bidding procedures and local qualified contractors will be given a reasonable opportunity to participate in the competitive bidding procedures. AGREEMENT THIS AGREEMENT entered into as of September 30, 1998 between Pueblo, a municipal corporation (the "City ") and Hartung Agalite Glass Co., Inc., a Washington corporation (the "Company "). WHEREAS, Company has expressed a willingness to locate its business within the Pueblo Municipal Airport Industrial Park, and in furtherance thereof has through the Pueblo Economic Development Corporation made application for funds with the City, and WHEREAS, the City has approved such application and will make funds available to Company subject to and upon the terms and conditions of this Agreement. 1. The following terms as used in this Agreement shall have the following meaning unless the context clearly indicates otherwise: "Employment Commitment Date" means March 1, 1999. "Facility" means the approximately 51,000 square foot building located on the Property. "Full -Time Employee" means a person who performs work at the Facility for not less than thirty-two (32) hours per week whether employed by Company or by an outside entity acting as an agency to provide Full -Time Employees for Company. The term "Full -Time Employee" does not include independent contractors nor employees of independent contractors except as described herein. "Quarterly Employees" means the sum of the number of Full -Time Employees on each business day of a Quarter divided by the sum of the business days in such Quarter. "Quarter" means three consecutive calendar months. "Property" means the approximately 4.80 acres of land located at Pueblo Memorial Airport described as Lot 21, Pueblo Memorial Airport Industrial Park Subdivision, Second Filing, Pueblo County, Colorado less the northerly fifteen (15) feet thereof, and all fixtures and improvements permanently affixed thereto, including, but not limited to, the Facility, and equipment owned by the City located therein. 2. City will make available to or for the benefit of Company funds in the amount of $250,000 (the "City Funds "), subject to and contingent upon: (a) Company shall spend or cause to be spent City Funds for the cost of renovating the Facility. (b) Company filing in the office of the City Clerk copies of the following: (i) Company's certificate or other evidence of authority to transact business in the State of Colorado, (ii) certified copy of the resolution of the governing board of Company approving this Agreement and authorizing its officers to execute and deliver this Agreement in the name of Company, and (iii) evidence satisfactory to City that Company is diligently proceeding to renovate the Facility and locate its business on the Property. The date of such filings is herein referred to as "Company's Approval Date. " (b) All contracts for construction work on the Facility will be awarded after competitive bidding procedures which allow qualified local contractors a reasonable opportunity to participate in the competitive bidding procedures. The general contractor shall use its best efforts in good faith to engage local subcontractors and suppliers to renovate the Facility. (c) Company filing with the Director of Finance of City written request for payment certified by an officer of Company that the amounts included in the requests for payment have not been included in any prior request for payment and are for the actual cost of renovating the Facility, identifying the renovated portion of the Facility for which payment is sought, including certificates of the architect and contractor that such portions of the Facility have been installed. (d) The closing for the purchase of the Property has occurred. 3. Company acknowledges that the primary purpose of City in entering into this Agreement and the sole benefit to the City for making funds available to Company hereunder is the creation of jobs. Therefore, Company represents and agrees that it will employ at the Facility fifty (50) Full-Time Employees (the "Employment Commitment ") on the Employment Commitment Date and thereafter. 4. Notwithstanding anything contained herein to the contrary, if Company shall for any reason default in its Employment Commitment set forth in paragraph 3 hereof, Company shall repay to City a pro -rata share of the City Funds advanced by City under paragraph 2 hereof based upon the number of Full-Time Employees employed by Company at the Facility (the "Repayment Obligation "), as follows: (a) During the seven (7) year period starting on the Employment Commitment Date and ending eighty -four (84) months thereafter (the "Repayment Period ") Company shall pay to City an amount each Quarter equal to the Quarterly Employees less than fifty (50) employed at the Facility by Company multiplied by $178.59 (the "Company's Quarterly Payments "). For example, if for the Quarter ending June 2001 the Quarterly Employees is 40, the amount payable by Company to City on or before July 15, 2001 would be (50 - 40) x $178.59 = $1,785.90. The principal amount of Company's Quarterly Payments and Repayment Obligation shall in no event exceed the amount of City Funds advance by City under paragraph 2 hereof. (b) Company's Quarterly Payments, if any, shall be paid to the City without notice, demand, deduction or setoff on or before the fifteenth (15th) day of the month after the end of each Quarter during the Repayment Period and for one month thereafter at the office of the Director of Finance of City, 1 City Hall Place, Pueblo, Colorado, 81003. All past due Company's Quarterly -2- MD Y Payments shall bear interest at the rate of ten (10) percent per annum until paid. (c) Within fifteen (15) days after the end of each Quarter during the Repayment Period and for one calendar month thereafter, Company will submit to City's Director of Finance Company's statements showing the Quarterly Employees for the preceding Quarter and the basis upon which Quarterly Employees and Company's Quarterly Payment were computed certified by an officer of the Company to be true and correct. For purposes of verifying such employment, City shall have access to Company's books and records including payroll records. City will, however, respect the right of employees and Company as to confidentiality of personnel records. All City Funds advanced to Company by City under this Agreement shall be deemed to be a debt of Company payable to City until Company performs and discharges its obligations hereunder including its Repayment Obligation contained in this paragraph 4 and shall be secured by a deed of trust on the Property. 5. (a) City Council of City may, in its sole discretion, relieve Company, in whole or in part, from Company's Repayment Obligation set forth in paragraph 4, if the City Council, after public hearing, finds and determines based upon competent evidence presented at such hearing that Company was prevented from complying with its Employment Commitment by reason of an act of God, or the elements, fire, explosion, strike, insurrection, riot, shortage or unavailability of materials, supplies or labor, interruption of transportation facilities, governmental laws, regulations or restrictions, or other causes beyond Company's reasonable control. The findings and decision of the City Council shall be final and binding upon Company and City. (b) Prior to instituting any proceedings to enforce Company's Repayment Obligation under paragraph 4, City shall notify Company in writing of its intention to institute such proceedings. If Company desires to seek relief pursuant to paragraph 5(a), Company, within twenty (20) days after receipt of City's notice, shall deliver to City its written request for relief specifying the grounds upon which such relief is sought. Within sixty (60) days after receipt of Company's request, City will schedule a hearing before the City Council and give written notice to Company of the time and place of such hearing. Failure of Company to timely deliver its written request for relief or to appear and submit evidence in support of its request at a scheduled hearing shall constitute a waiver of any right of Company to a hearing before City Council. (c) No delay or failure by City to exercise its right to enforce Company's Repayment Obligation, and no partial or single exercise of that right, shall constitute a waiver of that right, unless the City Council otherwise expressly provides in its findings and decision made pursuant to paragraph 5(a). 6. If Company's Approval Date does not occur on or before December 31, 1998, or such later date as Company and City shall mutually agree, this Agreement shall terminate and City and Company shall be released and discharged from all obligations hereunder. ®. 7. ��� ill buy, and City will sell to � �� or its assigns, on the terms and ��' c °,� -3- conditions set forth in this paragraph the Property for a purchase price of $1.5 million payable to City in cash or certified funds in full at Closing: (a) Date of closing shall be October 1, 1998 ( "Closing ") or by mutual agreement at an earlier or later date. The hour and place of closing shall be designated by City. (b) Subject to payment of the purchase price at Closing and Company's or its assigns' execution of the Warranty Deed attached hereto, City will execute and deliver the Warranty Deed conveving title to the Property to Company or its assigns free and clear of liens and taxes excep ,general taxes for 1998, subject to all easements, restrictions, covenants, conditions and reservations of record, apparent easements, burdens incident to the Property's inclusion within any governmental entity, including without limitation, zoning and building restrictions and regulations. (c) Company and its assigns acknowledge and agree that the Property is being sold by City and purchased by Company or its assigns "AS IS" and "WHERE IS" at Closing. COMPANY AND ITS ASSIGNS FURTHER ACKNOWLEDGE AND AGREE THAT CITY HAS NOT MADE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY ASPECT, PORTION OR COMPONENT OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO: (i) THE QUALITY, QUANTITY, CONDITION OR NATURE OF THE PROPERTY INCLUDING BUT LIMITED TO, THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE QUALITY OR CONDITION OF THE SOILS ON OR UNDER THE PROPERTY, (ii) MERCHANTABILITY OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR USE, (iii) THE PRESENCE OR SUSPECTED PRESENCE OF HAZARDOUS MATERIALS ON, IN, UNDER OR ABOUT THE PROPERTY, OR (iv) EXISTING OR PROPOSED GOVERNMENTAL LAWS OR REGULATIONS APPLICABLE TO THE PROPERTY, OR THE FURTHER DEVELOPMENT OR CHANGING USE THEREOF. (d) Company or its designee shall have the right to inspect to Property and its physical condition at Company's expense. Company is responsible for and shall pay any damage which occurs to the Property as a result of such inspection. If such inspection reveals physical condition unsatisfactory to Company, Company may terminate this Agreement upon written notice given to City ten (10) days prior to Closing and each party shall be released from all liability and obligations hereunder. (e) Company may at its expense obtain a commitment for title insurance or other evidence of title. If such commitment or other evidence of title shows any title conditions unacceptable to Company, Company may terminate this Agreement upon written notice given to the City ten (10) days prior to Closing and each party shall be released from all liability and obligations hereunder. (f) Possession of the Property shall be delivered to Company at Closing. 10 (g) General property taxes for 1998, based upon the taxes for 1997, water and sewer charges shall be prorated to date of Closing. (h) Any encumbrance required to be paid shall be paid at Closing from the proceeds of this transaction. (i) The purchase price shall be allocated as follows: equipment - $100,000; the balance of the Property - $1,400,000. 8. In the event of any litigation arising out of this Agreement, the court shall award to the prevailing party its costs and reasonable attorney fees. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado and each party submits to the jurisdiction of that Court. To the extent allowed by law, each party waives its right to a jury trial. 9. This Agreement expresses the entire understanding of the parties and supersedes any and all prior dealings and commitments with respect to the subject matter of this Agreement and may not be amended except in writing signed by City and Company. 10. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado. 11. The covenants, representations and warranties made by each party herein shall survive the Closing for the benefit of the other party. 12. Company acknowledges and agrees that City reserves the right, without any obligation on its part to do so, to maintain and keep in repair the landing area of the airport and other public areas or facilities at Pueblo Memorial Airport and to develop, modify, change, relocate, abandon, or improve the Pueblo Memorial Airport, or any part thereof as it may determine in its sole and absolute discretion, at any time, and Company further acknowledges and agrees that City has not made, nor by any provision of this Agreement or Warranty Deed shall City be construed to have made any representation or warranty to the contrary with respect thereto. 13. Any notices hereunder shall be sufficiently given if given personally or mailed by first class mail, postage prepaid, addressed: (a) if to City, City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, or (b) if to the Company, Hartung Agalite Glass Co., Inc., 17830 West Valley Highway, Seattle, Washington, 98188, or to such other address as either party shall specify in written notice given to the other party. -5- 14. Time is of the essence hereof. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided Company may not assign this Agreement or any interest herein without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Any assignment or attempted assignment of this Agreement by Company without such consent shall be null and void. City consents to the assignment of Company's right to purchase the Property to Nick Sciola 15. The person signing this Agreement and Warranty Deed on behalf of Company represents and warrants that such parry and Company have the requisite power and authority to enter into, execute, and deliver this Agreement and Warranty Deed and that this Agreement and Warranty Deed are legal, valid and binding obligations of Company enforceable against Company in accordance with their terms. 16. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Executed at Pueblo, Colorado, the day and year first above written. [SEAL] PUEBLO, A MUNICIPAL CORPORATION ATTEST: By 4t d zz/��- City cle6 President of the y Council HARTUNG AGALITE GLASS CO., INC. , ATTEST: By Title:{ - Title: F:\ FILES \CITY\AIRPOR JTARTUNG\AGREE.WPD -6 ' t D 9 /3wa d D D D D City of Pueblo OFFICE OF THE CITY ATTORNEY 127 Thatcher Building PUEBLO, COLORADO 81003 MEMORANDUM TO: Gina Dutcher, City Clerk FROM: City Attorney RE: Agreement with Hartung Agalite Glass Co., Inc. DATE: October 8, 1998 We enclose for your records: (a) Executed original Agreement between the City and Hartung Agalite Glass, Inc. dated September 30, 1998 approved by City Council at the September 30, 1998 special council meeting. (b) Closing documents with respect to the sale of the real property authorized by the Agreement and Resolution approving same. The original executed Warranty Deed was delivered to Security Title Guaranty Co. If you have any questions please call me. Thomas E. Jaeg /iP Enclosures �1e uj� �-so g'S35 -a WARRANTY DEED THIS DEED, made this 1st day of October, 1998 by and between Pueblo, a Municipal Corporation (herein "City ") and Nick Sciola, of Seattle, Washington (herein "Company "), WITNESSETH: That City for and in consideration of the sum of $10.00 and other good and valuable consideration to City in hand paid by the Company, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Company, its successors and assigns forever, all the real property situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more particularly described in the attached Exhibit "A" (herein "Property), with all its appurtenances, and warrant the title to the same, subject to easements, rights of way, conditions, restrictions and reserva- tions of record and easements for existing utilities, sanitary sewer, water, irrigation and natural gas lines on, over or under the Property and to the following covenants, conditions, and restrictions which are and shall be construed to be covenants running with the land described herein and binding upon the Company, its successors and assigns and inuring to the benefit of the City, its successors and assigns. 1. City reserves unto itself and its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in the airspace above the surface of the Property such noise as be inherent in the operation of any aircraft now known or hereafter used for navigation of or flight in said airspace, and for use of the airspace above the surface of the Property for landing on, taking off from, or operation on or over the Pueblo Memorial Airport. 2. Company expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than 4,710 feet above the mean sea level. In the event this covenant is breached, City reserves the right to enter upon the Property and at the expense of the Company to remove the offending structure or object and to cut the offending growth. 3. Company expressly agrees for itself, its successors and assigns, that it will prevent any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. 4. The Property and its use are further subject to the following Restrictive Covenants: (a) The Property may be used only for manufacturing purposes and incidental office uses. The Property shall not be used for smelting or plating operations, or for the storage or processing of putrescible materials, or for any purpose or business which constitutes a nuisance, or which exceeds the state air pollution control standards for the facility on the Property. Gasoline or diesel fuel used in connection with the business conducted on the Property but not for sale at retail or wholesale may be stored on the Property in an environmentally sound manner. (b) Outdoor storage shall not be permitted except for storage of equipment used in the facility. Parking areas for vehicles and roads on the Property shall be paved. (c) The Property shall not be subdivided and no building or structure over sixty (60) feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed nearer than sixty -five (65) feet of the right of way line of United Avenue, and thirty -five (3 5) feet of the right of way line of any other abutting streets. There must be installed and maintained a minimum thirty -five (3 5) foot strip of living landscaped ground along and adjacent to United Avenue, and twenty -five (25) feet adjacent to other abutting streets. Minimum side yards set -backs shall be twenty -five (25) feet. (e) Company shall keep and maintain the Property and all buildings , landscaping and improvements located thereon in a good, clean, safe and orderly condition free of waste, rubbish, debris and trash, and enclose and screen from public view all outside storage and unsightly areas of -I?- the Property. (f) Company shall comply with notifications and review requirements of the Federal Aviation Administration prior to the construction, modification or alteration of any building or stricture on the Property. (g) Company shall, at its own expense, cause all utilities and roads used or to be used on the Property to be extended from adjacent streets, installed on the Property, and kept and maintained in good order and condition. (h) Company shall pay to City a combined service fee for services and facilities now furnished by City at the Pueblo Memorial Airport, namely: public street maintenance, fire protection, and street lighting based upon $295.00 per acre per annum payable monthly for each acre of land conveyed to Company hereunder. City may, from time to time, reduce or eliminate any or all of the services or facilities presently being furnished and may modify, increase, or decrease the annual combined service fee provided (i) such services and fee shall be non - discriminatory among other owners of land at Pueblo Memorial Airport receiving such services and facilities, and (ii) such fee shall be reasonable in relation to City's actual cost and expense of furnishing the services and facilities then being furnished. City's cost may include the cost of capital improvements amortized over the useful life of the improvements. If waste water discharged from the Property is transported to and treated at City's waste water treatment facilities, Company and the waste `eater so transported and treated are subject to the same restrictions, limitations, conditions, fees, and charges as other users of City's sanitary sewer system and facilities. (i) Company shall provide for storm water drainage which shall include the construction and installation of storm water detention facilities on the Property. The detention facility shall be capable of storing the developed on -site runoff from a 100 -year frequency storm. The maximum release rate from the detention facility at the ponding depth corresponding to the 10 -year volume shall be .30 cfs /acre and 1.00 cfs /acre for the 100 -year ponding depth. All calculations and details shall conform with the City of Pueblo Storm Drainage Criteria Manual. The point of discharge from the detention facility shall be at a location approved by the Director of Public Works. (j) City reserves the right to waive all or any part of these Restrictive Covenants. At the request of City, Company shall meet and in good faith confer with City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof, including without limitation, the Property becomes eligible for annexation. 6. Invalidation of any one of the foregoing covenants, conditions, restrictions or -3- reservations by judgment or court order or otherwise shall not affect any of the other of said covenants, reservations, restrictions or conditions which shall remain in full force and effect. 7. City shall have the right to enforce the restrictions, covenants and conditions hereof by injunction or other lawful procedure and to recover damages, costs, expenses, including reasonable attorney fees, resulting from any violation thereof or arising out of their enforcement. [SEAL] ATTEST: 0 By City Cle COUNTY OF �' 1 1'1Q ) ss. STATE OF l n ) e2'0 �r ick Sciola PUEBLO, AMUNICIPAL CORPORATION President of the The foregoing instrument was acknowledged before me this day of 1998 by Nick Sciola „ffl,,,,,._ Wi My [SEAL] COUNTY OF PUEBLO STATE OF COLORADO ) ss. Notary Public Jam. The foregoing instrument was acknowledged before me this 15+ day of 1998 by Cathy Garcia as President of the City Council and Gina Dutcher as City Clerk of Pueblo, Colorado, a Municipal Corporation. n Witness my hand and official seal. My commission expires: - l- qq [SEAL] 7 I i n F:IFILESCn Y`,1IRPORT\FLAR'NN' G\R'DEED. WPD - S A parcel of land located within the County of Pueblo, State of Colorado, to -wit: A parcel of land described in that document filed for record November 20, 1989 in Book 2468 at Page 379 which reads as follows: A parcel of land located in the N 1/2 of the SE 1/4 of Section 26, Township 20 South, Range 64 West of the 6th Principal Meridian, said parcel being more particularly described as follows: Beginning at a point from which the Northeast corner of said Section 26 bears N 18 -01 -14 E (bearings based on the North line of said Section 26 to bear N 89 -10 -48 W), a distance of 2,824.05 feet; thence S 01 -57 -57 E, a distance of 513.64 feet; thence S 88-02-3 W, a distance of 419.03 feet; thence N 01 -57 -57 W, a distance of 513.64 feet; thence N 88 -02 -03 E, a distance of 419.03 feet to the Point of Beginning. sometimes referred to as Lot No. 21, Pueblo Memorial Airport Industrial Park Subdivision. Except and Less the Northerly fifteen (15) feet of said parcel. Said parcel contains 4.80 acres, more or less. Street Address: 145 William White Boulevard, Pueblo, Colorado, 81001. E=IT "A" SECURITY TITLE GUARANTY CO. US Bank SECURITY TITLE GUARANTY CO. DENVER, CO 80217 (]: 2707 NORTH ELIZABETH STREET - . NO. 28929 PUEBLO, CO 81003 719544-0837 11'0 289 2911• 1: 10 20000 2 11: L94 3 1 2055 13 111■ SECURITY TITLE GUARANTY CO. 2707 NORTH ELIZABETH STREET CASE A: ADDR: 145 William While Boulevard SELLER: Pueblo, a Municipal Corporation PURCHASER: Nick Sciola 10/8/98 HR57642A98 Proceeds 627,467.69 NO. 28929 CHECK TOTAL 627,467.69 DATr- 10/8/98 . 23- 2/1020 AMOUNT PAY SIX HUNDRED TWENTY SEVEN THOUSAND FOUR HUNDRED SIXTY $627,467.69 SEVEN AND 69/100 DOLLARS TO SECURITY TITLE GUARANTY CO. THE Pueblo, a Municipal Corporation TRUSTACCOUNT ORDER OF 301 N. Main Street Pueblo, CO 81002 VOID AFTER 90 DAYS RE: HR57642A98 194312055131 11'0 289 2911• 1: 10 20000 2 11: L94 3 1 2055 13 111■ SECURITY TITLE GUARANTY CO. 2707 NORTH ELIZABETH STREET CASE A: ADDR: 145 William While Boulevard SELLER: Pueblo, a Municipal Corporation PURCHASER: Nick Sciola 10/8/98 HR57642A98 Proceeds 627,467.69 NO. 28929 CHECK TOTAL 627,467.69 Oct. 2.1995 11:08AM SECURITY TITLE GUARANTY CO No.7107 P. 2/4 Security Title Guaranty Co. 2707 North Elizabeth Street Pueblo, CO 81003 PHONE_ (719) $44 -0837 FAX: (719) 544 -0853 PURCHASERS SETTLEMENT STATEMENT c PREPARED TOR: CABS NO.t HR57642A98 PROPERTY ADDRESS: 145 WILLIAM WHITE BOULEVARD PUEBLO, CO 81006 SBLLSRs PUEBLO, A MUNICIPAL CORPORATION PURCHASER S NICK SCIOLA 9STTLSHSNT DATSI OCTOBER 2, 1998 DATE OF PRORATION: OCTOBER 2, 1998 LEGAL DESCRIPTION: PUEBLO MEMORIAL AIRPORT INDPKL21 THE CITY AND COUNTY OF PUEBLO STATE OF COLORADO -------------------------------------------------------------------------------------------- DESCRIPTION -------------------------------------------------------------------------------------------- DEEIT CREDIT 1. SELLING PRICE $ 1,400,000.00 $ 2. PERSONAL PROPERTY 100,000.00 J. PRINCIPAL AMOUNT OF NEW LOAN(S) 1,500,000.00 4. OWNER'S POLICY 1,502.00 5. MORTGAGE POLICY 60.00 6. TAX CERTIFICATE TO SECURITY TITLE 15.00 7, RECORD QUITCLAIM DEED TO PBLO CNTY CLERK & RECORDER 11.00 8. DEED RECORDING FEES 31.00 9. DEED OF TRUST RECORDING FEES 41.00 10. DEED'DOCUMENTARY FEE 140.00 11. ORIGINATION FEE TO KEYBANK NATIONAL ASSOCIATION 3,750.00 P.O.C. 12. REIMBURSE EXPRESS FEE /STG 15.00 13. APPRAISAL FEE TO KEYBANK NATIONAL ASSOCIATION5,200.00 P.O.C. 14. TAX SERVICE FEE TO KEYBANK NATIONAL ASSOCIATION 535.00 P.0-C. 15, FLOOD SEARCH FEE TO KEYBANK NATIONAL ASSOCIATION 24.00 P.O.C. 16. CLOSING FEE To SECURITY TITLE 250.00 -------------------------------------------------------------------------------------------- Sub- Totals ¢ 1,502,065.00 4 1,500,000.00 Balance due from Purchaser $ $ 2,065.00 TOTALS -----------------------....____---------------------------------- $ 1,502,065.00 --------- --- $ 1,502,065.00 ----------- - - - - -- APPROVED AND ACCEPTED Sales or use taxes on personal property not included_ SECURITY TITLE GUARANTY CO. assumes no responsibility for the ad7'ustment of special taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be determined by reference to the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above and Escrow Holder is hereby authorized to disburse as Trustee funds as indicated. Purchaser OffA Broker /Agent VNick Sciolar v Not Applicable Closing Agent Security Title Guaranty Co. Fie* HRP642A96 UC I. ;,. 1JJO :L EI'il ,tt,UItiF TITLE 1JUARAI'1T`I 1u T1 0. i C ,, I i. v "M641A93 145 William White Boulevard Security Title Guaranty Co. REAL ESTATE TAX/ASSESSMENT AGREEMENT It is hereby understood and agreed that general taxes for the year of closing for property known as 145 William White Boulevard, Pueblo, CO 91006 have been prorated based on taxes for the calendar year immediately preceding closing ($ 26, 070.70 ) , (x ) Other NO PROR_ATTOr7 I ( ) Other Seller warrants that property IS NOT subject to a pending tax protest and/or appeal. It is agreed by the undersigned that the above adjustment shall be: (x) Considered a final settlement. ( ) Re- adjusted between the Buyer(s) and Seller(s) when the tax statement is available from the County Treasurer. ( ) Re- adjusted between the Buyer(s) and Seller(s) as to any changes in the unimproved land assessment or mill levy. The Buyer(s) and Seller(s) assume responsibility for pursuing and effectuating any re- adjustments. security Title Guaranty co. is released from any and all responsibility for said re- adjustment. Security Title Guaranty co. assumes no responsibility for the adjustment of special taxes or assessments or for the exception of these items in the conveyance. Seller(s) hereby warrants that special assessments affecting subject property, including but not limited to Homeowners Association dues or assessments, are paid in full, except as reflected on the statements of settlement. Dated this 2na day of October 1 1990 . ck c ola Pueblo, a Municipal Corporation By: Seller forwarding address: 301 N. main street Pueblo, CO 91002 AETAXAGA ilr, 1, 1. 1998 4. i TM SECURITY TITLE UUAEANTY CIO No. 7076 P. 7/13 FILt.NU. NRY /641A9tl 145 William Whits Boulevard WATER & SEWER AGREEMENT WITH REGARDS TO THE CLOSING OF 145 William White Boulevard, Pueblo, CO 61006 (PROPERTY ADDRESS), BOTH THE BUYER(S) AND SELLER(S) FULLY UNDERSTAND THAT THE TELEPHONE CO., PUBLIC SERVICE COMPANY, AND THE PRESENT HAZARD INSURANCE AGENCY WILL NOT BE NOTIFIED BY THE ESCROW AGENT. PER VERBAL INFORMATION FROM: Board of Wtr Works WATER DEPARTMENT, THE ACCOUNT ON SAID PROPERTY 1S ❑METERED ❑ FLAT RATE - $ FROM TO SEWER DEPARTMENT, THE ACCOUNT ON SAID PROPERTY IS ❑METERED ❑ FLAT RATE - $ FROM TO WASTE WATER (STORM DRAINAGE) THE ACCOUNT ON SAID PROPERTY IS ❑FLAT RATE - $ FROM TO (JIB AOCOuAt is current BASED ON THE ABOVE INFORMATION ❑ ESCROW AGENT HAS PRO -RATED ACCOUNT AS PER INSTRUCTIONS. ❑ ESCROW AGENT HAS ORDERED A FINAL READING AND HAS WITHHELD S FROM SELLER'S PROCEEDS FOR FINAL STATEMENT AND WILL REFUND UNUSED BALANCE TO SELLER ❑ ESCROW AGENT HAS WITHHELD S FROM BUYER FOR FINAL STATEMENT AND WILL REFUND UNUSED BALANCE TO BUYER. ® ESCROW AGENT HAS NOT ADJUSTED for water and /or sonar . ADJUSTMENTS AS REQUIRED WILL BE MADE BETWEEN PARTIES AND ARE NOT A PART OF SETTLEMENT. IN THE EVENT THAT FINAL BILL EXCEEDS THE ESCROWED AMOUNT, ANY ADDITIONAL CHARGES ARE THE REPSONSIBILITY OF THE SELLER AND /OR BUYER. IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN SELLER AND BUYER, THAT THEY HEREBY RELIEVE ESCROW AGENT OF ALL FURTHER LIABILITY AND RESPONSIBILITY REGARDING MATTERS ADDRESSED. IN THIS AGREEMENT. APPROVED AND EXECUTED THIS Zed DAY OF October 'Nick Bic ola .19 . Pueblo, a elunicipal Corporation syl PURCHASER'S FORWARDING ADDRESS SELLER'S FORWARDING ADDRESS DCGWSA PIIe• RR31692A9e Utt, 1.1998 4:32Pbi ECUP'IT'Y TITLE GUAP.AUT'i Cl Uo, 7076 P. 8/13 REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39.14- 102(4), Colorado Revised Statutes (CALS Requirementsi All conveyance documents (deeds) subject to the documentary tee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or gtantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S. Penalty for Noncompliance. Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penal maybe imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39- 14- 102(1�(b), C.R.S. Confidentiality: The assessor is required to snake the Real Property Transfer Declaration available for Inspection to the buyer. However, it is only available to the seller If the seller filed the declaration, Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39- 3- 121.5, C.R.S. and 39- 13- 102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: please do not we P.O. box suttibers. 145 William White Boulevard, Pueblo, CO 81006 IRPORT INDPKL 1 2. yyyT PPPe of property urchased: 13 Single Family Residential 11 Townhome 1:1 Condominium 11 Multi -Unit Res Commerical f Industrial CI Agricultural 13 Mixed Use 13 Vacant Land ❑ Other 3. Date of closing: 10 2 1998 Month Day Year 4. Total sale price: Including all real and personal property. S 1,400,000.00 5. Was any personal property included in the transaction? persona prop wooed inelade, but it not limited to, terpetiag, drapes. free ■tending s liancea, equipment inventory, furniture. If the perronal property is not lifted, die cadre p rchwe pries win be asawned to be for the real prapetty as per 3 13 -173, GR.S. Yes ❑ No If yes, approximate value S 10 D,cap. Describe Egaipmetyl 6. Did the total sale price include a trade or exchange of additional real or personal property? If yw, give the approximate value of lie goods or tervieet as f the date of closing? ❑ Yes No If yes, value S If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes ❑ No i W 1009e interest in the real property purchased? Mark - no , if only a partial ietereit u tieing purehared. 1 (Yes ❑ No If no, interest purchase % 8. Is this a transaction among related parties? indicate whether the buyer or rater are mated. Related parties include perstme widda the satae rashly, business dTP9, or affiliated corporations, ❑ Yes A No 9. Check any of the followin at apply to the condition of the improvements at the time of purchase. ❑ New ❑ Excellent 7kGood ❑ Average ❑ Fair ❑ Poor ❑ Salvage. If the property is financed, please Complete the following. 10. Total amount financed. S t o 5 g . W TZ p of financing: )Ew ew ❑ Assumed Q Seller ❑ Third Party ❑ Combination; (Check all that apply) Explain 12. Terms; ❑ Variable; Startinglnterestrate % Fixed; Interest rate 7. 2. % Length of time to years s Balloon payment Yes ❑ No, If yea, amount Due date 13. Please explain any special terrgs,�eller concessions, or financing and any other information that would help the assessor understand the terms of sale. 1 / For properties =a than residential (Residential is defined as: single family detached, townhomes, apartments and condominiums) please complete questions 14 -16 if applicable. Otherwise, skip to 1117 to complete. Page 1 of 2 OCOFl ►Tea pang wows wos Ur� t. I. 1998 4: )3I'M 6EGURITY TITLE GUARANTY CI) Pro. 7076 P. 9%13 14. Did the purchase price include a franchise or license fee? ❑ Yes ?kNo If yes, franchise or license fee value S 15, Did the purchase price involve an Installment land contract? ❑ Yes )�No If yes, dale of contract 16. If this was a vacant land sale, was an on -sire inspection of the property conducted by the buyer prior to the closing? ❑ Yes '1No Remarks: Pleate in clude any addidonal infornuHon eoaeeemag tl a sale you may feel is imponauL g x.,01 OL�GI tw eve proeorry max V A I w.t s r t it c rIC e s . 17, Signed this 2nd day of October 1998 Freer the day, mondt, and you, have at least one of the patios to the Uwwdon sign the decmnent, sad inctuds an address and a daytinxt phone aamtxr. PleasA designate yer or seller. nZAOMOZO Signahee f tee (Buyer) or Grantor (Seller) ❑ ey V.O. A (mailina) Daytime Phone and Zip Page 2 of 2 VQQFqPTM pa ad HU7642A99 4:33Phi SECURITY TITLE (JUARANT'! C) No. 7076 F. 11%13 Security Title Guaranty Co. 2707 North Elizabeth Street Pueblo, CO 81003 (719) 544 -0837 FAX: (719) 544 -0853 THE UNDERSIGNED HERESY ACKNOWLEDGES THAT FOR LOAN PURPOSES KEYBANK NATIONAL ASSOCIATION (LENDER) IS REQUIRING THE PREPARATION OF A DEED WHICH IS A REQUIREMENT ON SECURITY TITLE GUARANTY CO. COMMITMENT NUMBER HR57642A98 SEE SCHEDULE B SECTION 1, ITEM 1. (COPY ATTACHED) THE UNDERSIGNED HEREBY CONSENT AND INSTRUCTS SECURITY TITLE GUARANTY CO. TO PREPARE THE DEED. 4 TITLE IS VESTED IN: E TENANTS / TENANTS IN COMMON PROPERTY ADDRESS: 145 William White Boulevard DATED: October 1. 1998 Dcmrmcd File $ SAS7dQmg U,t, 19 9 4;33IN SEORITY TITLE I;UARANTY CO No. 7076 P. 12/13 QUIT CLAIM DEED THIS DEED, Made this 7 day of October 1 19 98, between , Nick Sciola of the County of and State of Washington grantDr(g), and Nick Sciola and Patricia Sciola wbose legal address is 6718 134th Ct. NE, Redmond, WA 98052 of the county of and State of a Washington . trant - 0): WITNEWETH, That the grantor(s), for and inconsideration of the stmt of TEN AND N01100 --------------- ------------------------------------------------------ DOLLARS. $io .00 ), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIIaD, and by these presents does remise, release, bell, add QUIT CLAIM onto the grantae(s), Ms hake, attoomose and asaigas, forever, all the right, title, interest, claim and demand wbkeb the grantor(,) bate in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo , and State of Colorado, deacdbW as follows: SAe,Description attached hereto and made a part hereof. also known by street and number as 145 William White Boulevard, Pueblo, CO 81006 TO HAVE AND TO HOLD the same, together with all and singular Ibe epptrtenances end privileges there=to belonging, of in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and beboof of the gtantee(s), bib heirs and assigns forever. The singular number %hall include the plural, the plural the singular, and the use of any gender sball be applicable to all ganders. IN WITNESS WHEREOF, the grantor(s) has executed this dead on the date at forth above. e � ck Sciol P E rFA.0 STA.TBOF Washington ) sa. COUNTY OF(� ) The foregoing htbtn=ent was acknowledged before me this Nick Sciola My Commission expires +` �� Q �p o `sEIOM lei•_. py i� .. • v M�TARr = i day of OLk/�IC WAgM ``by �"I'm o 11111 J wi ss my and Notaty Public ntar M AIM nesn mfnu, Fne 0 FGW64W1 #1098 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOO)NIENT 6702 (In Inrrtiuns oil ntcr%e .1(18) Putt t ►NF. trr ru.l` To OWNER: H.G.I. Matt Pruden 17830 W. Valley Hwy Seattle WA 98188 1'ROFI CONTRACTOR: PR O)ECT*' Hartung Gl a 145 William Pueblo, CO VIA ARCIIITECT: Bassett Construction Company 120 Dayton Ave - PO Box 173 Pueblo CO 81002 alite Bath Enclosures ss Ind. White Blvd. HGF Architects 429 W. 10th St. Pueblo, CO 81003 APPLICATION NO.: One (1) PlatluD 'ro: 11/30/98 PROJECT NOS.: CONTRACT DATE: 11/16/98 D6111butiun it): El OWNlat ❑ ARCI It f CT ❑ CONTRAGI Olt O Cl CONTRACT FOR: General Construction Tile undersigned Contractor eerllfics Ilia to the best of the Contractor's knuwlctli;c, ink)r- CONTRACTOR 'S APPLICATION FOR PAYMENT ntatlon and belief the Wb covered b tills Application for Payment has been crunpiclCd file In Application is made fur payment, as shown below, In C01111ecilOn with the Contract. Contractor r t for Work for w pr v r i IOusCcrtificatcsfor 1'aymcltt wcra isr� l tc�lanri I>:ry Continuation Sheci. AIA Document G703. Is attached. menis received from the Owner, and that current payment shown helcin Is flow due. 1. ORIGINAL CONTRACT SUM .................. 205,765- - 0- CONTRAC'T'OR: 2. Ile, change by Change Orders ...............! G Date; :L 205 ,765.00 Up 3. CONTRACT SUM TO DATE (Line I t 2). • • • • • •f Taal ter L. Bassett, r. President 31.785.00 S tale o : Colorado 4. TOTAL COMPLETED 6 STORED TO DATE ......! County of: Pueblo (Column G on 0,703) Subscribed and sworn 10 before 5. FIETTUAGE: 3,179.00 me tills 30th day of November 1998 a, % or Completed work 1 (Columns D + E on G703) b. % of Sturc.l Matcrial f _0_ Notary Public Rosemary Ha ye l (Column F on 671131 Total Rctalnage (I.Ine 5a + 51) or 3, 1 79.00 My Commission expires June 13 19 9 IWAI In Colunnt I of G703) .. • ............. • 0 6. TOTAL EARNED LESS flET A1NAGE.......... , , t 28,606.00 ARCIATECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line S Total) In accordance wlth the Contract Documents, b25cd on on-she obscrvadoo. 21141 the d.u.f 7. LESS PREVIOUS CERTIFICATES FOfl PAYMENT _0_ Comprising tills application, the Architect certifies to the Owner that u) the Ile %[ of file c) (I.ine G from pilot Certifica, ............... • Architect's knowledge, Information and belief the Work has progressed as Indic.flcd, the: ! 28 606.00 quality of the Work Is In accordance with the Contract Documents, :md the Cunuattur it. CURRENT PAYMENT DUE .............. Is entitled to payment of the AMOUNT CERTIFIED. ` D ° 9. DALANCE TO FINISII, INCLUDING RETAIN A15 159 . 00 AMOUNT CERTIFIED .... • . • • • • • • • • ' • . • ' ' • • ' ' ' ' ' ' , , . r f 2g, �oC� (Line 3 lest I.Inc G) (Allacb explarrarlurt If amount cerlijieel differs Jroe►I Th anu»e►el oppliect /r,r. himal CIIAN(;F ORI)I:It SUM MARY A DIATIONS DFDIICTIONS All figures an lbis AppNeallo01 and un lbc C(Plrtirrualhorr tiliver 111181 (rrr chrurl;rrl ru - eoajur) to be anioe cer ied.) Total clijop appruvcd In ARCIII C : Z prcvl month+ by Owner Daae: Ily: lid:d a proved this Month This Ccrllncalc Is not citofiable. '1 'hc Ar•IOIiNT Cliltl'If11iD IS l); -1) ofl y to file C.4)11- l ttaelnr named IICFCIII. Issrlancc, paynu•nt :uul acccpulove of pal na flt air �• irhuuf NIA' 1:11. \Nlila by Cis :m ;c t)rdr r prejudice 10 any rigbls of the Awflcr or Contractor under 1116 I.:unlract. 1, AIA DOCUMENT 6702 • AV AND C.I'R1ItN:ATE volt PAYMENT • 19')2 EDITION • AIAO • 01992 • TIIE AMI`.RIC\N INSTITIiI'E OF ARCIIITE( 1ti. I1tS NEW 1'0111: (j702 1 �� 2 � A�I::aq:, Nu u:u111HG1uN, Ul:. 2rMNt(rSt')t • wAnNINO: Unilcort"d pMoloeopydw vbleles Us. oopyrlphl lever final will *ub)er1 U» violator to legal Prosecution. . ^�)'. CAU 1 1011: Yau shoulJ use an orldtnel AIA document wl►Ich lies 1 1116 enutlo#I printed In rod. An orlUirial fissures Ih:el clrnnyes will nol be obscured 0..q Inay occur when dncumenli are rlrpruduced. PAGE ONTINUATION SHEET AIA DOCUMENT G703 ---------------------------------------------------------------------------------- AIA DOCUMENT G702A. APPLICATION AND CERTIFICATE FOR PAYMENT, CONTAINING CONTRACTOR'S SIGNED CERTIFICATION IS ATTACHED. IN TABULATIONS BELOW, AMOUNTS ARE STATED TO THE NEAREST DOLLAR. USE COLUMN I ON CONTRACTS WHERE VARIABLE RETAINAGE FOR LINE ITEMS MAY APPLY. (A) ; ITEM NO. - - - 1.4 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 --------------------------------------------------------------------------- APPLICATION NUMBER: ;; WORK COMPLETED (B) (C) �� ----------------------------- NOV 30, 1998 DESCRIPTION OF WORK ; SCHEDULE ;; (D) ;; (E) ARCHITECT'S PROJECT NO: VALUE ;; PREVIOUS ;; THIS 10.0% ------------------------------------------------------------------------------- APPLICATIONS ;; APPLICATION ------------------- - - - - -- ; -------------;; (G) --------- - - - -;; ------- - - - - -- GENERAL CONDITIONS/ ; 23,154 ;; 0 ;; 5,789 SUPERVISION ; 0 ;; 0 ;; 0 BOND /INSURANCE /PERMIT ; 4,282 ;; 0 ;; 4,282 - - - - -" 5,789 ;; ----- - - - - -" ----------- li 25% :: 0 ;; 0 ii 0 SELECTIVE DEMOLITION ; 16,313 ;; 0 ;; 10,603 0 ;; 0 ii 0 ii 0 EXCAVATION ; 4,070 ;; 0 ;; 0 1,460 ' i 0 O%:i 0 ii 0 DRILLED CAISSONS ; 7,303 ;; 0 ;; 0 0 ;; Of;; 0;; ii 0;; 0 ASPHALT PAVING ; 9,264 ;; 0 ;; 0 0 ' 0 ;; 0 OW 0 CONCRETE FORMWORK ; 1,995 ;; 0 ;; 0 0 0 ;i 0 ii 0 CONCRETE FLATNORK ; 2,284 ;; 0 ;; 0 0 ;; OW 0 ;; 0 ii 0 CONCRETE REINFORCING ; 2,211 ;; 0 ;; 0 2,211 ;; 0 ;; 0 ii 0 MASONRY RESTORATION ; 250 ;; 0 ;; 0 0 0;; OW 0;; ii 0 ROUGH CARPENTRY ; 660 ;; 0 ;; 0 0 ii OW 0 ;; 0 ii 0 PERIMETER /BLDG.IHSULATION ; 1,884 ;; 0 ;; 0 ----------------- ------- ----- - -- - -- ' ------- - - - - 0 ii 0 ii 0 -- " --------- - ---;; ------- - - - - -- SUB TOTAL ; 73,670 ;; 0 ;; 20,674 ------------------------------------------------------------ - - - - -- PROJECT 4 1098 HARTUNG GLASS INDUSTRIES ------------------------------------------------------------------------------- APPLICATION NUMBER: ONE (1) APPLICATION DATE: NOV 30, 1998 PERIOD TO: NOV 30, 1998 ARCHITECT'S PROJECT NO: RETAINAGE 3 10.0% ------------------------------------------------------------------------------- (F) i (G) ii (H) ii (I) STORED ; TOTAL COMPLETED AND ;; BALANCE TO ;; RETAIN - MATERIALS ; STORED TO DATE- -- - -ii FINISH ;; AGE % ----- - - - - -- ; ------------ - - - - -" 5,789 ;; ----- - - - - -" ----------- li 25% :: - - - - 17,365 ;; ------- ;; - - - - -- 579 0 O$;; 0 4 4,282 ;; 100 %;; 0 ;; 428 0 ii OW 0 ii 0 10,603 ;; 65 % ;; 5,110 ;; 1,460 ' i 0 ii O%:i 0 ii 0 ' 0 ;; OW 4,070 ;; 0 0 ;; Of;; 0 ii 0 0 ;; OW, 7,303 ;; 0 0 ii OW 0 ii 0 0 ;; OW 9,264 ;; 0 0 ii OR;; 0 ii 0 0 ;; OW 1,995 ;; 0 0 ii OW 0 ii 0 ' ' 0 ;; OW 2,284 ;; 0 0 O%ii 0 ii 0 0 ii O W 2,211 ;; 0 0 0 %;; 0 0 0 ; ; OW 250 ; ; 0 0 ii OW 0 ii 0 0 ii 0 %:: 660 ;; 0 0 ii OW 0 ii 0 0 ;; OW 1,884 ;; 0 0 ii " OW " 0 ii " 4 - --- -- ----- -- - - -- ' 0 ; --------------------------------------------------------------------- ----- --- --- - -- - -- 20,674 ;; ---- - - - - -- ---- ----- 28i;; - - - - -- 52,996 ------- ;; 2,067 - - - - -- a PAGE c CONTINUATION SHEET AIA DOCUMENT G703 PROJECT 1 1098 HARTUNG GLASS INDUSTRIES AIA DOCUMENT G702A, APPLICATION AND CERTIFICATE FOR PAYMENT, CONTAINING APPLICATION NUMBER: ONE (1) CONTRACTOR'S SIGNED CERTIFICATION IS ATTACHED. APPLICATION DATE: NOV 30, 1998 IN TABULATIONS BELOW, AMOUNTS ARE STATED TO THE NEAREST DOLLAR. PERIOD TO: NOV 30, 1998 USE COLUMN I ON CONTRACTS WHERE VARIABLE RETAINAGE FOR LINE ITEMS MAY APPLY. ARCHITECT'S PROJECT NO: RETAINAGE 3 10.0% -------------------------------------------------------------------------------------------------------------------------------------------------------------- - - - - -- (A) ITEM N0. 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 - '* 1 11 WORK COMPLETED ----------------------- - - - - -- ; (F) ; (G) ;; (H) DESCRIPTION OF WORK ; SCHEDULE ;; (D) ;; (E) ; STORED ; TOTAL COMPLETED AND ;; BALANCE TO ;; RETAIN- ; VALUE ;; PREVIOUS ;; THIS ; MATERIALS ; STORED TO DATE__-- - - -_;; FINISH ;; AGE „ APPLICATIONS " „ APPLICATION ' I , , 11 % ;; ;; % ------------------- - - - - -- N.M. DRS /FRMS /HARDWARE ' ------- - - - - -- I ; 431 " II ;; ------------- 0 II ;; ------------- 0 ' ----- - - - - -- ' ----------- 1 I ; ; - - - - -- 0 " ---- - - 11 ;; - - -- " II 0 % ;; --------------- ;; ------- 431 ;; - - - - -- 0 0 ;; 0 ;; 0; ; 0 0%," 0 ;; 0 GYPSUM DRYWALL ; 9,118 ;; 0 ;; 0 ; ; 0 ;; OE ;; 9,118 ;; 0 0 ;; 0 ;; 0; ; 0 ;; O %N 0 ;; 0 ACOUSTICAL CEILING ; 412 0 ;; 0 ; ; 0 ;; OW 412 ;; 0 0 ;; 0 ;; 0; ; 0 ;; OW 0 ;; 0 LOUVERS & VENTS ; 4,060 ;; 0 ;; 0 ; ; 0 ;; OX;; 4,060 ;; 0 I 0 11 11 D II 11 0 1 1 , , D 11 II 01 „ 0 ;; 0 PRE -ENG'D STRUCTURE -MAT'L ; 13,667 ;; 0 ;; 0 ; ; 0 ;; 0 %1 13,667 ;; 0 0 ;; 0 ;; 0; ; 0 ;; OW 0 ;; 0 PRE -ENG'D STRUCTURE -LABOR ; 4,456 ;; 0 ;; 0 ; ; 0 4,456 ;; 0 0 ;; 0 ;; 0; ; 0 ;; Ok;; O N 0 HOISTS 6 CRANES I , 52,737 II „ 0 II „ 0 I 1 , , 0 II OW 52,737 ;; 0 0 0 ;; 0; ; 0 ;; Dv;; 0 ;; 0 PLUMBING ; 23,983 ;; 0 ;; 5,996 ; ; 5,996 ;; 25 %;; 17,987 ;; 600 ' 0 ;; 0 ;; 0 ; ; 0 ;; 0$;; 0 4 FIRE PROTECTION ; 8,500 ;; 0 ;; 2,125 ; ; 2,125 ;; 25%;; 6,375 ;; 213 0 ;; 0 ;; 0 i ; 0 ;; 0% ,' ' . 0 0 ELECTRICAL ; 3,900 ;; 0 ;; 1,365 ; ; 1,365 ;; 35 % ;; 2,535 ;; 137 0 ;; 0 ;; 0; 0 ;; Dk;; 0 0 CONTRACTORS FEE ; 10,831 ;; 0 ;; 1,625 ; ; 1,625 ;; 15$ ;; 9,206 ;; 163 0 11 0 1; 0 1 1 0 11 0111 0 II 0 0 ;; 0 ;; 0; ; 0 ;; Ok ;; 0 ;; 0 0 ' ;; 0 ;; 0; ; 0 ;; 0� ;; 0 ;; 0 •-------------------- - - - - -- SUBTOTAL •--------------------------------------=-------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------ ; 205,765 ;; 0 ;; 31,785 ; 0 ; 31,785 ;; 15%!; 173,980 ;; 3,179 - - - - -- - '* ING GLASS INDUSTRIES 00401 MEMO INVOICE DATE INVOICE NUMBER AMOUNT DISCOUNT NET AMOUNT 500= 900 -07 i.t4 + �' T '� y. I ��M� i� �� Y {`Hj� �T.I � f i ! Iy t ��• D^i/..yM +r 4 K � [ t�l �gTM�' -�. 28,606.00 ERAL CONSTRUCTION FOR PUEBLO '} Yt� { X ��- A Y"•r ry: �. l9 ✓",• ?1 /, J P'1 �� t n. R fl `i' ,.l 1 N PAYMENT , %CH BEFORE DEPOSITING 28,606.00 IAW"UNG GLASS INDUSTRIES WEST VALLEY HIGHWAY, SEATTLE, WA 98188 425/656 -2626 • FAX 425/656 -2601 DATE 12/16/98 KEY BANK OF MAINE I PORTLAND, MAINE NO 6 5 2 81 52 -60 112 CHECK NO. AMOUNT 65281 PAY * * ** *28,606.00 * * ** * * * * ** *TWENTY EIGHT THOUSAND SIX HUNDRED SIX AND N01100 DOLLARS * * * * * * * * * * * * * ** F BASSETT CONSTRUCTION COMPANY 120 DAYTON AVE PUEBLO, CO 81002 L AUTHORIZED SIGNATURE 11 6 S 28 L'i' 1:0 L 1200 6081: 6 19 120000 L 6811' i P.�wt A *: 1�e. i.t4 + �' T '� y. I ��M� i� �� Y {`Hj� �T.I � f i ! Iy t ��• D^i/..yM +r 4 K � [ t�l �gTM�' -�. '} Yt� { X ��- A Y"•r ry: �. l9 ✓",• ?1 /, J P'1 �� t n. R fl `i' ,.l 1 (� f�. �', �,# , '• `.•. .. • tr''.r.; F�� !- � • • .t!• •�� �.. 'y .• ¢ { ,.. � t �� h ,G .l�'�.r.�F+,td 1y ).ry ". 1l�Sr rr� i�. lti: .k , 1cP . y�r�.r 1"G''��y�. � ��t,,gf't�,,� 'A. � "{ �,: �,. rt ` 1 ; � 1. er S� � f .tit ''�� 6��1 �� �•6 .`., `st•X , :'y�'µy fy y r , � 'Ili' '�' y w S- � �;� f � � ps. � ,. y �`: �' -�r ,l #.?�"1 +. �.�r? �, � P r �' r v a. ' j a r�� � Y ,S , yy . Ptii T±^ # Via^ � .1�. �, ., a ' a rVr �r�: - � ..�„ ? y 1 .art� x� .:.F:. � 'tT y �� k,. ';S ii. - �' " ,t : + ;� � >• ��? ,� .`��S �r � r~ , r' } d Must collect STATE RTD /CD /BD taxes for. OCNVEE CO (02(1 COLORADO SALES TAX LICENSE USE ACCOUNT NUMBER for all ref erences LIABILITY INFORMATION ISSUE DATE LICENSE VALID TO DECEMBER 31 «^. ^••. .•• •• •••• m• ^ ^•• •••' 07- 32273 -0000 80252 5099 C 070194 MAR 27 98 1999 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: 17830 W VALLEY HWY TUKWILA WA HARTHUNG AGALITE GLASS CO INC 17830 W VALLEY HWY TUKWILA WA 98188 -5532 THIS LICENSE IS NOT TRANSFERABLE Executive Dire or Department of Revenue tx A L .� „»,m,..r� �. t� tr.P���• p 'v� .� t 3.��'°'. x v �► 1 r a '+t� �: ' J r x +: �' aw � �� :�,},� y :;. + r +.'' I k, _ �,�._.,_` a� 't s .. lA f SK' as �.'dkt►�h�:aax � N f ;_• r. '''� .. Hartung Agalite Glass Co., Inc. Action of the Board of Directors The undersigned, the duly authorized corporate Vice President of Hartung Agalite Glass Co., Inc. (the "Company "), hereby certifies that the following resolution was adopted by the Board of Directors of the Company at a duly called meeting on September 25, 1998 and that at all times during the meeting a quorum of the Directors was present: BE IT RESOLVED, that the Company is authorized to enter into an agreement between the city of Pueblo, Colorado, a municipal corporation (the "City ") to locate a manufacturing facility within the Pueblo Municipal Airport Industrial Park, and make application for funds available to Company under the terms and conditions of the Agreement between the City and the Company, attached hereto. IN WITNESS WHEREOF, I have herunto set my hand and affix the seal of the Company on this 25th day of September, 1998 Glass Co., Inc. Richard W. Jamieson, Vice President JAN -08 -1999 11:11 HARTUNG 206 656 2601 P.02i02 STATE CERTTFIGATE I, VICTORIA BUCKLEY, SECRETARY OF STATE OF THE STATE OF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE HARTUNG AGALITE GLASS CO., TNC (WASHINGTON CORPORATION) FILE # 19941106101 WAS FILED IN THIS OFFICE ON September 22, 1994 AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO C'ONDUL'1 " ".LMS WITHIN THIS STATE. TOTAL P.02 DEPARTMENT OF STATE. Dated: December 02, 1999