HomeMy WebLinkAbout7748RESOLUTION NO. 7 748
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND ESTRADA
FOODS, INC. RELATING TO A JOB CREATING CAPITAL
IMPROVEMENT PROJECT AND AUTHORIZING THE
EXPENDITURE OF $1,150,000 THEREFOR FROM THE 1992
SALES AND USE TAX CAPITAL IMPROVEMENT PROJECT
FUND
WHEREAS, Estrada Foods, Inc. has expressed a willingness to establish its business
activities within the City of Pueblo and has committed to employ 220 full time employees at its
facilities within the City of Pueblo, and
WHEREAS, Estrada Foods, Inc. through the Pueblo Economic Development Corporation
has made application for funds from the 1992 Sales and Use Tax Capital Improvement Project Fund,
and
WHEREAS, the City Council is willing to approve such application for funds 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 Estrada Foods, Inc.'s application for
funds 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 November 13, 1995 between Pueblo, a municipal corporation and
Estrada Foods, Inc., a copy of which is attached hereto and incorporated herein, having been
approved as to form by the City Attorney, is hereby approved. The President of the City Council
is authorized to execute and deliver the Agreement 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 not to exceed $1,150,000 are hereby authorized to be expended and made
available to Estrada Foods, Inc. out of the 1992 Sales and Use Tax Capital Improvement Fund for
the sole purpose of reimbursing it for the cost of the job creating capital improvement project as
described in the attached Agreement. The funds hereby authorized to be expended shall be released
and paid by the Director of Finance to Estrada Foods, Inc. after receipt (i) by the City Clerk of the
documents required to be filed pursuant to paragraph 2(a) and quarantees required by paragraph 4(d)
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.
INTRODUCED November 13, 1995
By Charles Jones
Councilperson
ATTEST: APPROVED:
City Cie# resident of the City Council
AGREEMENT
THIS AGREEMENT entered into as of November 13, 1995 between Pueblo, a municipal
corporation (the "City ") and Estrada Foods, Inc., a Colorado corporation (the "Company ").
WHEREAS, Company has expressed a willingness to locate its business within the City of
Pueblo, 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:
"Company's Contribution" means the approximately $2,600,000 Company will spend to
locate and operate its business in Pueblo, Colorado including $1,150,000 for Improvements,
$700,000 for equipment, and $750,000 for working capital (the "Working Capital ").
"Facility" means the building located at the southwest corner of Sixth and Elizabeth Streets,
Pueblo, Colorado to be renovated and operated as a USDA approved food processing facility.
"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.
"Improvements" means the renovation of the Facility and other on -site improvements to be
installed in accordance with the Plans and Specifications.
"Quarterly Employees" means the sum of the number of Full -Time Employees employed
at the Facility by Company on each business day of a Quarter divided by the sum of the business
days in such Quarter.
"Quarter" means three consecutive calendar months.
"Plans and Specifications" means the plans and specifications for the Improvements
approved by Company.
2. City will make available to or for the benefit of Company funds in the amount of
$1,150,000 (the "City Funds "). Company shall spend or cause to be spent City Funds for the cost
of Improvements, subject to and contingent upon:
(a) Company filing in the office of the City Clerk copies of the following: (i)
executed construction contract for the construction of the Improvements, (ii) Company's certificate
of authority to transact business in the State of Colorado and Certificate of Good Standing issued
by the Colorado Secretary of State, (iii) Certified copy of the resolution of the board of directors of
Company approving this Agreement and authorizing its officers to execute and deliver this
Agreement in the name of Company, and (iv) evidence satisfactory to City that Company has spent
or has lawfully committed to spend Company's Contribution for Improvements and equipment and
that Company has obtained or will be able to obtain Company's Contribution for Working Capital.
The date of such filings is herein referred to as "Closing."
(b) All construction contracts for Improvements for which payment is sought
from City shall be awarded after competitive proposals which allows qualified local contractors to
reasonably participate in the competitive proposal procedures.
(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
Improvements, identifying the Improvements for which payment is sought, including certificates
of the architect and general contractor that such Improvements have been installed in accordance
with Plans and Specifications.
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 commits that it will employ at the Facility two
hundred twenty (220) Full -Time Employees (the "Employment Commitment ").
4. Notwithstanding anything contained herein to the contrary, if Company shall for any
reason default in its Employment Commitment set forth in paragraph 4 hereof, Company shall repay
to City a pro -rata share of the City Funds advanced by City under paragraph 3 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 earlier of (i) the first day of
the fourth month after substantial completion of Improvements or (ii) September 1, 1996 and ending
eighty -four (84) months thereafter (the "Repayment Period ") Company shall pay to City an amount
each Quarter during the Repayment Period equal to the Quarterly Employees less than the number
of Quarterly Employees specified in each Quarter during the Repayment Period as follows:
Q uarter Employees
(i)
First
15
(ii)
Second
35
(iii)
Third
55
(iv)
Fourth
75
-2-
uarter
Employees
(v)
Fifth
105
(vi)
Sixth
140
(vii)
Seventh
175
(viii)
Eighth and
thereafter
220
-2-
multiplied by $186.70 (the "Company's Quarterly Payments "). For example, if for the Quarter
ending June 1999 the Quarterly Employees is 190, the amount payable by Company to City on or
before July 15, 1999 would be (220 - 190) x $186.70 = $5,601.
(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. Timely Quarterly
Payments shall not bear interest. All past due Company's Quarterly 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 statement showing the Quarterly Employees for the preceding Quarter and the basis
upon which Quarterly Employees and Company's Quarterly Payment, if any, 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 as to confidentiality of personnel records.
(d) All City Funds advanced to Company by City under this Agreement shall be
and are hereby 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 guaranteed by the shareholders of Company and /or other interested parties proposed
by Company and determined by City to be financially capable of discharging Company's Repayment
Obligation. Such persons shall execute and deliver to City their individual guaranty in form and
substance approved by the City Attorney before City will advance any funds under this Agreement.
5. (a) City Council of City may, in its sole discretion, extend Company's Repayment
Obligation or 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, unfavorable market
conditions which forces Company to reduce its Full -Time Employees on an interim basis not to
exceed six (6) months, 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
-3-
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 any relief under this paragraph 5 or 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 Closing does not occur on or before February 1, 1996, this Agreement shall
terminate and City and Company shall be released and discharged from all obligations hereunder.
7. 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 parry submits to the jurisdiction of that
Court. Each party waives its right to a jury trial.
8. 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.
9. This Agreement shall be construed in accordance with and governed by the laws of
the State of Colorado.
10. 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, 602 West Sixth Street, Pueblo, Colorado, 81003;
or to such other address as either party shall specify in written notice given to the other party.
11. 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 written approval of the City. Any
assignment or attempted assignment of this Agreement by Company without the written approval
of the City shall be null and void.
12. The persons signing this Agreement on behalf of Company represent and warrant that
such parties and Company have the requisite power and authority to enter into, execute, and deliver
0
this Agreement and that this Agreement is a valid and legally binding obligation of Company
enforceable against Company in accordance with its terms.
13. 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
1
ATTEST: By
City C k President of the City Council
[SEAL]
"7
,
ATTEST
Secretary
1�
L-
ESTRADA FOODS, INC.
By ((l�
President
J:\ CTTY\ECONDEV\ESTRADA\AGRMNT.WPD -�
CONTINUING GUARANTY
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged, and as inducement to the City of Pueblo, a municipal corporation (the "City ") to
enter into the attached Agreement dated November 13, 1995 between City and Estrada Foods, Inc.,
a Colorado corporation (the "Company ") and Addendum No. 1 dated January 5, 1996 (collectively
the "Agreement ") and to advance to Company the sum of $1,150,000 pursuant to the terms and
covenants of the Agreement, the undersigned Caroline A. Fresques, Anthony J. Estrada and
Candelario J. Estrada (the "Guarantors ") jointly and severally unconditionally guarantee and promise
to pay to City, or order, on demand, in lawful money of the United States, the full amount of
Company's Repayment Obligation described in and in accordance with the terms and provisions of
paragraph 4 of the Agreement (the "Indebtedness ").
The liability of Guarantors under this Guaranty shall not exceed at any one time the principal
sum of $1,150,000. This is a continuing irrevocable guaranty relating to the Indebtedness, including
successive transactions which shall either continue the Indebtedness or from time to time modify
or renew it. Any payment by Guarantors shall reduce their maximum obligation hereunder.
The obligations of Guarantors hereunder are joint and several, and independent of the obliga-
tions of Company, and a separate action or actions may be brought and prosecuted against
Guarantors, jointly and severally, whether action is brought against Company or whether Company
be joined in any such action or actions. Guarantors acknowledge that the payment of the Indebted-
ness may extend beyond six (6) years from the date of this Agreement, Guarantors hereby waive any
defense to the enforcement of this Guaranty based upon any statutory or other period of limitation.
Guarantors authorize the City, without notice or demand and without affecting their liability
hereunder, from time to time to (a) renew, compromise, extend, accelerate or otherwise change the
time for payment of, or otherwise change or modify the terms of the Indebtedness or any part there-
of, (b) take and hold security for the payment of this Guaranty or the Indebtedness guaranteed, and
exchange, enforce, waive and release any such security; (c) apply such security and direct the order
or manner of sale thereof as City in its discretion may determine; and (d) release or substitute any
one or more of the Guarantors. City may without notice assign this Guaranty in whole or in part.
Guarantors waive any right to require City to (a) proceed against Company; (b) proceed
against or exhaust any security held from Company; or (c) pursue any other remedy in City's power
whatsoever. Guarantors waive any defense arising by reason of any disability or other defense of
Company or by reason of the cessation from any cause whatsoever of the liability of Company.
Until the Indebtedness of Company to City shall have been paid in full, Guarantors shall have no
right of subrogation, and waive any right to enforce any remedy which City now has or may
hereafter have against Company, and waive any benefit of, and any right to participate in any
security now or hereafter held by City. Guarantors waive all presentments, demands for
performance, notices of non - performance, protests, notices of protest, notice of dishonor, and
notices of acceptance of this Guaranty.
Any debts or other financial obligations of Company now or hereafter held by Guarantors
are hereby subordinated to the Indebtedness of Company to City and such debts or other financial
obligations of Company to Guarantors, if City so requests, shall be collected, enforced and received
by Guarantors as trustees for City and be paid over to City on account of the Indebtedness of
Company to City but without reducing or affecting in any manner the liability of Guarantors under
the other provisions of this Guaranty.
Guarantors agree that it is not necessary for City to inquire into the powers of Company or
the officers, directors, or agents acting or purporting to act on its behalf, and the Indebtedness made
or created in reliance upon the professed exercise of such powers is guaranteed hereunder.
Guarantors agree to pay a reasonable attorneys' fee and all other costs and expenses which
may be incurred by City in the enforcement of this Guaranty.
Guarantors agree that this Guaranty is a contract entered into in Pueblo County, Colorado.
The District Court for the County of Pueblo, State of Colorado shall have jurisdiction over any suit
or action which involves this Guaranty and venue in Pueblo County, Colorado shall be proper.
Guarantors consent to the personal jurisdiction of that Court and agree that service of process may
be made upon Guarantors either within or without the State of Colorado.
Any notice hereunder shall be sufficiently given if given personally or mailed by certified
mail, postage prepaid, addressed:
(a) if to City, City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado,
81003, or
(b) if to Guarantors, at the addresses shown after their respective signatures
hereon,
or to such other addresses as any party hereto shall specify in written notice to the other parties.
Time is of the essence hereof. This Guaranty shall be binding upon and inure to the benefit
of City and Guarantors and their respective heirs, personal representatives, successors and assigns.
The word "Guarantors" shall mean any one or more of them where the context and
construction so require.
IN WITNESS WHEP�EOF the undersigned Guarantors have executed this Guaranty in
Pueblo, Colorado this �,j day of January, 1996.
Name: Caroline A. Fresquez
Signatur . !�
-2-
Address: 1628 20th Lane
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss.
Pueblo, Colorado 81006
Social Security No. 521 -96 -3067
Name: Anth y . Estrada
Signatur
. � —
Address: 1655 Cliffd e
Pueblo, Colorado 81006
Social Security No. 524 -94 -0671
Name: Candelario J. Estrada
Signature:
Address: 1114 Holly
Pueblo, Colorado 81006
Social Security No. 523 -68 -1787
The foregoing was acknowledged before me this da l,d day of January, 1996 by Caroline
A. Fresques, Anthony J. Estrada and Candelario J. Estrada.
My commission expires: z 0 /Z 07 9 F
[SEAL]
Notary Public
-3-
ESTRADA FOODS Howard Kim~
EX9CUU" VP / coo
File PEDC0_6.d*c
November 28, 1995
Subject: Documents required to be filed with the City of Pueblo Clerk's office regarding USDA facility.
Latest Date to file documents: January 29, 1996
Document Required
Title of Company Document
Doc #
Date
Initials
1. Certificate of good standing and
State of Colorado, department of
EF95 -1
11/29
Company's certificate of authority to transact
State Certificate. File #
business in the State of Colorado issued by
951058988. Certificate dated
the Colorado Secretary of State.
November 3, 1995
2. Certified copies of the resolution of the
Special Meeting Board Resolution
EF95 -2
11/29
board of directors of the Company approving
of Estrada Foods, Inc.
this agreement and authorizing its officers to
execute and deliver this agreement in the
name of the Company.
3. Evidence satisfactory to City that Company
has spent or has lawfully committed to spend
Company's Contribution ($2,600,000) for
Improvements and Equipment including:
(a) $1,150,000 guarantee for City of Pueblo
(al) Continuing Guaranty for the
EF95 -3
11/29
Jobs Agreement.
Grant from the city of Pueblo
signed by Anthony, Caroline and
Jess Estrada, and
/pn /�
I<6 1- �� l(� A14 w. 1✓
i /.`�v� ✓( %lo: >� / -� �s;.y r �
(a2) pecumal.:finandal stater=
f?'Qddl..$strad &- famay- ssleHbiers.
EF95-
3a,3b,3c
11/29
(b) $700,000 for equipment and
(b) Equipment purchases bill of sale
EF954a
11/29
improvements to 720 W 8th St
from auctions, purchases and
& 4b
transfer of assets.
(c) $750,000 for working capital.
(c) Norwest bank credit line letter
EF95 -5
11/29
stating that Company has obtained
or will be able to obtain a Working
Capital line for $750,000.
F•.strada kxxii Inc_ (02 ',VL%t iixth St.. Puchlo, Co',41MI. Td 719542.34(x) Fax 712 342.5472
-ie --Nk�
ESTRADA FOODS
Contribution Doc #
Guarantee EF95 -3
EF95 -3a
EF95 -3b
EF95 -3c
Summary Accounting and
Document ID for City of Pueblo
Agreement
Document name
City of Pueblo Guarantee
Net Worth of A. Estrada
Net Worth of C. Estrada
Net Worth of C Fresquez
Equipment EF954a Equipment & Improvements
Amount Total Required
$ 1,150,000 $ 1,150,000
$ 3,412,441
$ 1,657,355
$ 1,725,679
EF954a1 Land @ 720 W 8th Street
$
125,000
EF954a1 Improvements to Building W 8th
$
512,390
EF954a 1 less interest expense
$
15,423
EF95 -4a2 1988 International Truck/trailer
$
71,412
EF95 -4a3 1981 International Freezer Truck
$
14,747
EF95 -4a4 Northfield Spiral Freezer 8/23/95
$
105,000
EF95 -4a5 Kettles, piping, mixers, etc
$
75,654
Equipment & Improvements $ 888,780
EF95 -4b Cash Injection by Estrada family
$
250,000
Less cash spent at auctions:
EF95 -4b1 6/8/95 Rabin Auction
$
11,253
EF95 -4b2 6/20/95 Rabin Auction
$
52,330
EF95 -4b3 10/25/95 Myers Auction
$
5,986
Equipment Purchased
$
69,568
Cash Invested in Operations
$
180,432
Total Equipment & Improvements
$ 1,138,780 $ 700,000
Working Capital EF95 -5 Cash Line from Norwest $ 750,000 $ 750,000
Totals $ 3,038,780 $ 2,600,000
Page 1
ZO *d 7H101
■
STATE
DEPARTMENT OF
STATE
CERTIFICATE
X* VZCW= BUCJM", Secretary of State of the Stats of
Colorado hereby cartily that
According to the recorda of this office
B92RADA 7CCV5, 1BC-
( C0w2AD0 CORPORATION)
file # 951058988 was filed In this offlas on MY 03, 1995,
and has cmWlied with the appldcable proviaions of tha
laws of the State of Colorado and on this data is in good
standing and authorlsed and comperant to transact busineae
or to conduct its affairs wItAln this state.
20 'd Z4279ZK6TLTZLP9Zb96T 01
t7ddm WOSA TZ : T T S66T- 6Z -{10N
CONSENT IN WRITING
IN LIEU OF SPECIAL MEETING
OF THE BOARD OF DIRECTORS OF
ESTRADA FOODS, INC.
As of the day of November, 1995, the undersigned, being
all of the directors of Estrada Foods, Inc., a Colorado corporation
(the "Corporation ") , hereby consent to and take the following
corporate action, all with the same force and effect as though such
action were duly taken by a unanimous vote of the directors at a
meeting of the Board of Directors duly called and legally held.
1. Approval of PEDCO Agreement The Agreement between the
Corporation and the City of Pueblo, acting through the Pueblo
Economic Development Corporation (the " PEDCO Agreement "), in
substantially the form attached to these minutes as Exhibit "A ", is
authorized and approved, with such changes, additions,
modifications or deletions as may be approved as necessary or
appropriate by the President of the Corporation, whose execution
thereof shall conclusively establish such approval, necessity and
appropriateness with respect to all such changes, additions,
modifications or deletions thereto.
2. General Authority to Execute the PEDCO Agreement The
officers of the Corporation are hereby authorized and directed to
take all lawful actions necessary and desirable to execute and
deliver the PEDCO Agreement in order to cause same to become a
binding obligation of the Corporation.
NOTICE WAIVED AND ACTION TAKEN CONSENTED TO AS OF THE DATE
ABOVE WRITTEN.
BOARD'OF DIRECTO
Anthony Estrada
Candelario J. Estrada
Caroline A. Fr
28233 \0- PEDCO.MIN
CERTIFICATE OF CORPORATE SECRETARY
The undersigned, being the duly appointed and current
Secretary of Estrada Foods, Inc. (the "Corporation ") do hereby
certify that the attached copy of the Consent Minutes in Lieu of
Special Meeting of the Board of Directors of the Corporation are a
true and accurate copy of same as they appear in the corporate
records of the Corporation as maintained by th "ndersigned.
Caroline A. Fresi4uez
Secretary of the Co;
E S -
ROCKY MOUNTAIN �OL! ' -' - INC.
720 Wes: ighth Stre -z' - T ota: C.;s:=
Does NC 7 include ary a .cc :tion of : aul Turner's "me
DATE
- . CUNT
DE= ,:RIPTiGN
BALM,. - =_
8/01/93
125,000.00
Purchase of 720 W. 8th
125,000.00
8131/93
1,841.00
Labor
126,841.00
320.00
Trash
127,161.00
658.35
A -1 Rental
127,819.35
8/31/93
127,819.35
TOTAL
9123193
17.63
Industrial Gas
127,836.98
9116/93
212.58
Steel City Electric
128,049.56
9/30193
2,324.00
Labor
130,373.56
9/30/93
258.22
Payroll Taxes
130,631.78
9130/93
1,440.00
Trash
132,071.78
9/30/93
4,252.43
TOTAL
10/31/93
28.07
Electricity
132,099.85
786.00
Interest Expense
132,885.85
2,324.00
Labor
135,209.85
108.69
Payroll Taxes
135,318.54
67.70
L. Estrada
135,386.24
40.00
Trash
135,426.24
10/31/93
3,354.46
TOTAL
11/30/93
15.28
Electricity
135,441.52
786.00
Interest Expense
136,227.52
801.28
TOTAL
12/31/93
786.00
Interest Expense
137,013.52
3,845.00
Hurtig, Gardner, Etc.
140,858.52
1,489.50
American Bag ( ? ? ? ? ?)
142,348.02
963.00
Depreciation ( ? ??? ?)
143,311.02
623.25
General Ins. (All 1993)
143,934.27
2,978.73
Property Taxes (All 1993)
146,913.00
12/31/93
10, 685.48
TOTAL
146,913.00
TOTAL 1993
1994
1/31/94
786.00
Interest
147,699.00
7.97
Electricity
147,706.97
793.97
TOTAL
2128194
786.00
Interest Expense
"mac :92.97
7.31
Electricity
148,500.25
793.31
TOT:" -
3/31/94
10
Interest s=ense
149,286.28
1c
Trasn
149,446.28
triaty
149.453.59
AL
4130/94
731.00
Interest Expense
150,184.59
1- 4.� = l 2-5, O .J 0
h5 yZ3
ROCKY MOUNTAIN COLD STCRAGE, INC.
720 West Eighth Street - Total Costs
Does NOT include any allocation of Paul Turner's Time
DATE AMOUNT DESCRIPTION BALANCE
7.31 Electricity 150,191.90
738.31 TOTAL
05131/94 812.00 Interest Expense 151,003.90
1,500.00 Abel Engineering 152,503.90
7.31 Electricity 152,511.21
2,319.31 TOTAL
6/30/94 802.38 Interest Expense 153,313.59
33.57 Electricity 153,347.16
835.95 TOTAL
7/31/94
793.00
Interest Expense
154,140.16
1,000.00
Lawrence (???? ?)
155,140.16
4,285.52
Labor _
159,425.68
188.15
P/R Tax
159,613.83
154.33
Wagner Rent
159,768.16
20.00
Petty Cash
159,788.16
13.42
Rush's Lumber
159,801.58
660.00
Trash
160,461.58
20.89
Electricity
160,482.47
36.46
C. E. D.
160,518.93
941.68
CBI
161,460.61
129.97
Colorado Safety
161,590.58
7/31/94
8,243.42
TOTAL
8131/94
782.86
Interest Expense
162,373.44
500.00
Braden, Frindt, Etc. -Legal
162,873.44
467.50
Gary's Crane
163,340.94
316.00
Grand Rental
163,656.94
46.20
A -1 Rental
163,703.14
148.80
Wagner Rent
163,851.94
29.00
Ted's Tire
163,880.94
150.00
Johnson Electric
164,030.94
207.46
Petty Cash
164,238.40
516.75
Jess Estrada
164,755.15
52.64
Rush's Pueblo Lumber
164,807.79
660.00
Trash
165,467.79
3,279.73
Labor
168,747.52
478.76
P/R Tax
169,226.28
9.85
Electricity
169,236 '3
2,473.19
- 1 rderson Trucking (K`' Ec
171,70-z.32
20,500.Cl-
riarry -lays
192,209 32
3,OCO.00
Olie's Riggi,g
195,20`: 32
8/3'.'94
33,618.74
TOTAL
9/30/94
3`' )
Interest E. _
196,068.32
8. )
Rothgert:er, =
196,155.82
_,484.08
Labor
198,639.90
19.35
CED
198,659.25
ROCKY MOUNTAIN COLD STORAGE, INC.
720 `Nest Eighth Street - Total Costs
Does NOT inclu de any allocation of Paul Turners Time
DATE AMOUNT
DESCRIPTION
BALANCE
26.58
Rush's Lumber
198,685.83
221.57
P/R Tax
198,907.40
1,442.00
Colorado Dirt
200,349.40
250.28
A -1 Rental
200,599.68
1,860.CO
CBI (Sawing)
202,459.68
3,160.00
CBI (Cork Tear)
205,619.68
36.54
Rush's Lumber
205,656.22
154.33
Wagner Rent
205,810.55
220.00
Trash
206,030.55
62.40
Petty Cash
206,092.95
19.59
Electricity
206,112.54
584.00
CSI Dock Door
206,696.54
3,280.00
CBI Basement
209,976.54
7,760.00
CBI Concrete
217,736.54
1,760.00
Hurtig, Gardner, Etc.
219,496.54
965.00
CBI Sump Pump
220,461.54
38.66
Employee Relations
220,500.20
25,290.88
TOTAL
10/31/94 848.00
Interest Expense
221,348.20
1.42
Pueblo Bearing
221,349.62
1,592.47
Labor
222,942.09
365.38
P/R Tax
223,307.47
770.50
Trash
224,077.97
1,550.46
Rush's Lumber
225,628.43
497.40
Johnson Electric
226,125.83
1,200.00
Jess's Masonry
227,325.83
84.93
Colorado Safety Equip.
227,410.76
271.35
C. E. D.
227,682.11
280.48
A -1 Rental
227,962.59
11.50
Federal Express
227,974.09
18.87
Pueblo Bearing
227,992.96
64.80
Petty Cash
228,057.76
23.42
Electricity
228,081.18
7,580.98
TOTAL
11/30/94 837.00
Interest Expense
228,918.18
245.00
Braden, Frindt, Etc -Legal
229,163.18
5,150.30
Labor
234,313.48
378.54
P/R Tax
234,692.02
1,980.00
Hurtig, - ner, Etc.
236,672 02
165.02
Valco
236 '4
8,678.= '
Richard Rhcle
245,515.51
535.5T
Rus' Lur-
246,OE 1 .09
37676
C-
246 ' ' 35
Pl, nt Svice.
_ ,x.73
203.63
, . ay .er
1 740.41
3.57
Pueblc nearing
-., ,5.743.98
68.74
Midwest Steel
246,812.72
710.28
Grand Rent
247,523.00
ROCKY MOUNTAIN COLD STCRAGE, iN,
720 West Eighth Street - Total Costs
Does NOT include any - Ilocation of Pz A Turner's "me
DATE AMOU' :T
DESCRIPTION
BALANCE
107.46
P. Turner Expense Report
247,630.46
97.28
Petty Cash
247,727.74
170.00
Garys Crane Service
247,897.74
440.00
Trash
248,337.74
960.00
Gary Trujillo
249,297.74
7,097.00
M. K. K.
256,394.74
2,925.00
CBI
259,319.74
143.48
Employee Relations
259,463.22
49.72
Electricity
259,512.94
31,431.76
TOTAL
271,766.77
12/31/94 826.00
Interest Expense
260,338.94
735.00
Braden, Frindt, Etc. -Legal
261,073.94
530.02
P/R Tax
261,603.96
653.15
Bison Propane
262,257.11
82.05
Industrial Gas Prod.
262,339.16
7,804.97
Labor
270,144.13
48.96
Electricity
270,193.09
305.18
Health Insurance
270,498.27
1,018.52
Rush's Lumber
271,516.79
23.60
Federal Express
271,540.39
226.38
Grand Rental
271,766.77
120.00
Gin /Art
271,886.77
293.91
P. Turner Expense Report
272,180.68
3,570.00
A & A Fence
275,750.68
462.15
A -1 Rental
276,212.83
5,825.00
Hazardous Waste Tech.
282,037.83
94.64
Petty Cash
282,132.47
177.38
R. E. Monks
282,309.85
30,336.87
PPP Roofing
312,646.72
20,275.00
Martin Trenching
332,921.72
50.90
Bob's Bus. (Timeclock) ??
332,972.62
1,100.00
Trash
334,072.62
5,227.30
Gen'llnsurance(All1994)
339,299.92
5,918.35
Property Taxes (All 1994)
345,218.27
3,174.96
Depreciation( ? ? ? ? ?)
348,393.23
88,880.29
201,480.23
TOTAL 1994
348,393.23 TOTALTC
1995
1/31/95 732.50
Regional Building Dept.
348,725.73
11,31 ' 96
Labor
57t -'
Russ - �r
360,678 7o
19
- -(. , ,al E,ac:: c
360,79F 26
19.��
.nnn Electric
:30" 06
368 an
�• rart's
'Q :6.26
134 -3
- _ :y Cash
361,320.64
83.27
Industrial Gas Products
361,403.91
8,237.76
PPP Roofing
369,641.67
°CCKY MOUNTAIN COLD STCRAGE, ;NC.
720 West Eighth Street - Total Costs
Does NOT include any allocation of Paul Turner's Time
DATE AMOUNT
DESCRIPTION
BALANCE
160.50
Colorado Tire
369,802.17
708.43
R. E. Monks
370,510.60
815.00
Interest
371,325.60
495.00
Braden, Frindt, Etc. -Legal
371,820.60
199.68
F. Gilkey
372,020.28
1,842.72
Central Ice Machine
373,863.00
729.46
P/R Taxes
374,592.46
39.78
Speken Iron & Metal
374,632.24
550.32
S. W. Pressey
375,182.56
60.00
Gin /Art
375,242.56
64.05
Electricity
375,306.61
111.79
Health Insurance
375,418.40
13,000.00
Royal Electric (Deposit)
388,418.40
113.36
Employee Relations
388,531.76
320.10
Grand Rental
388,851.86
1,372.33
Penrose Steel & Tubing
390,224.19
220.00
Trash
390,444.19
120.20
Use Taxes
390,564.39
42,171.16 TOTAL
2128/95 7,297.25
McFall, Konkel & Kimball
397,861.64
27,045.75
McFall, Konkel & Kimball
424,907.39
2,071.53
R. E. Monks
426,978.92
5,794.00
Labor
432,772.92
534.06
Rush's Lumber
433,306.98
125.88
P. Turner Exp. Report
433,432.86
93.00
Petty Cash
433,525.86
2,359.05
Symons
435,884.91
100.14
A -1 Rental
435,985.05
51.60
Grand Rental
436,036.65
503.80
Santa Fe Supply
436,540.45
204.75
Herold Concrete Saw
436,745.0
3,942.35
PPP Roofing
440,687.55
926.07
Makco Pipe & Steel
441,613.62
354.36
Brookhart's
441,967.98
65.00
Gin /Art
442,032.98
466.25
Bison Propane
442,499.23
316.66
Royal Electric
442,815.89
8C5 00
Interest
443,620.89
88.00
= raden, Frindt, Stinar, Etc
443,703 89
217C
industrial Gas
443,730
12? ' 4
S. W. Pressey
443,85' 3
30 ; .40
Central Ice Machine
444,1E:). 13
740.01
P/R Taxes
- Q'. 5.14
53.93
Electricity
,C =9.07
38.21
Water
Add OR
111.79
Health Insurance
4-15,099.C-
35.40
Federal Express
445,134.47
690.00
Trash
445,824.47
ROCKY MOUNTAIN COLD STCRAGE, JN.,
720 West Eighth Street - Total Costs
Does NOT include any allocation of Paul Turners Time
DATE AMOUNT DESCRIPTION BALANCE
2/28/95 55,260.08 TOTAL
3/31/95 25,200.00
Barr Equipment
471,024.47
4,537.19
R. E. Monks
475,561.66
15,833.25
Air Tech
491,394.91
2,243.00
Gary Trujillo
493,637.91
123.17
A -1 Rental
493,761.08
1,895.05
Rush's Lumber
495,656.13
8.31
P. Turner Expense Report
495,664.44
1,964.59
M. C. B. I.
497,629.03
3,538.12
Santa Fe Supply
501,167.15
1,190.00
City of Pueblo
502,357.15
171.00
Pueblo Reg. Building Dep
502,528.15
75.76
Tool City
502,603.91
80.34
Industrial Gas
502,684.25
32.25
Grand Rental
502,716.50
144.00
James Berry
502,860.50
19,814.35
Royal Electric (less Depm
522,674.85
478.00
Kilstofte Engineering
523,15285
1,672.60
McKinney Block
524,825.45
965.70
Roller & Assoc.
525,791.15
1,136.99
Penrose Steel
526,928.14
2,569.50
Herold Concrete
529,497.64
45.72
Petty Cash
529,543.36
184.26
Mato
529,727.62
1,800.00
Pueblo -Aztec
531,527.62
1,055.17
Symons Corp.
532,582.79
99.93
Pueblo Bearing
532,682.72
1,700.00
J. B. West (Freight)
534,382.72
1,754.32
Joe Seigel
536,137.04
560.00
PPP Roof
536,697.04
13.25
Manuel Garcia
536,710.29
65.00
Gin /Art
536,775.29
382.50
Boughton's Precast
537,157.79
5,820.00
Pellecchia Masonry
542,977.79
1,490.03
Prutch's Garage Door
544,467.82
9,188.85
Labor
553,656.67
686.48
P/R Tax
554,343.15
87100
Interest
555,216.15
1 : •4
Midwest Fabrication
555,406.5:.
22..-
Peterson Paint
555,429.C6
1
'!a:
555,471.17
49
-.aaltn -- nce
555,586.66
:0.00
'mc
555,836.E8
110,012.19 Total
4/30/95 11,808.72 Labor 567,645.38
1,337.05 P/R Taxes 568,982.43
ROCKY MOUNTAIN COLD STCRAGE, 1NC.
720 West Eighth Street - Total Costs
Does NOT include any allocation of Paul Turners Time
DATE AMOUNT
DESCRIPTION
25.12
Electricity
39.51
Water
115.49
Health Insurance
861.00
Interest
660.00
Trash
490.00
S & L Engineers
1,504.71
McKinney Concrete
21.55
A B C Plumbing
223.74
A -1 Rental
4,266.86
Rush's Pueblo Lumber
3,436.00
Pellecchia Masonry
3,095.00
Craftsman Heating
1,073.22
Harding Glass
1,161.65
Santa Fe Supply
700.00
Santa Fe Warehouse
1,426.45
Penrose Steel & Tubing
3,025.00
Cellular Product (Insulatio
20,935.40
Royal Electric
148.08
LeMasters Janitorial
1,232.40
Symons
187.32
Fastenal Company
4,380.00
Apartment Prep.
541.80
R. E. Monks Concrete
1,085.13
Carpet Clearance Warehc
32.47
Industrial Gas
605.25
Pueblo Building Dept.
131.59
Pueblo Bearing
1,688.00
Simpson & Simpson
47.17
Antonio Bellato
35.48
Hopkins Sheet Metal
39.94
Paul Turner Expense Rep
560.87
Brookhart's
65.00
Gin /Art
18.28
Petty Cash
340.00
Johnson Electric
4/30195 67,345.25 TOTAL
5/31/95 5,873.46
780.70
39.51
110.04
849.00
10.47
406.90
1,687.88
50.82
2,346.22
58.48
1,995.21
Labor
P/R Taxes
Water
Health Insurance
Interest
Pueblo Bearing
Air Tech, Inc.
Santa Fe Supply
Industrial Gas
Pueblo Aztec Plumbing
Fastenal Company
R. E. Monks
BALANCE
569,007.55
569,047.06
569,162.55
570,023.55
570, 683.55
571,173.55
572,678.26
572, 699.81
572,9M.55
577,190.41
580,626.41
583,721.41
584,794.63
585,956.28
586,656.28
588,082.73
591,107.73
612,043.13
612,191.21
613,423.61
613,610.93
617,990.93
618,532.73
619,617.86
619,650.33
620,255.58
620,387.17
622,075.17
622,122.34
622,157.82
622,197.76
622,758.63
622,823.63
622,841.91
623,181.91
629,055.37
629, 836.07
629, 875.58
629,985.62
630,834.62
630,W.09
631,251.99
632,939.87
632, 990.69
635, 336.91
635,395.39
637,390.60
ROCKY MOUNTAIN COLD STORAGE, INC.
720 West Eighth Street - Total Costs
Does NOT include any allocation of Paul Turners Time
DATE AMOUNT
DESCRIPTION
BALANCE
325.72
A -1 Rental
637,716.32
371.75
Herold Concrete Sawing
638,088.07
8.45
Paul Turner Expense Rep
638,096.52
946.27
Rush's Pueblo Lumber
639,042.79
303.98
LeMasters
639,346.77
1,548.27
Accurate Mechanical
640,895.04
27,875.78
Royal Electric
668,770.82
5,852.50
Martin Trenching
674,623.32
438.75
Joe Seigel
675,062.07
207.96
Penrose Steel $ Tubing
675,270.03
301.60
Boughton's Precast
675,571.63
193.05
Symons Corp.
675,764.68
05131/95 52,582.77
L- F,q - ` 10--`
Reception p: 1046765 Dates 06/06/1994 Tive: 134 Book: 2737 Page: 568 Chris'C. Munoz
Inst.: WD Rec Fee: 5.00 Doc Fee: 47.50 Page: 1 of 1 Pueblo Co.Clk. &Rec.
W.�..RI2.7).NZ'Y DIL•:D
KNOW ALL MEN BY THESE PRESEN'T'S, That on this o? "'s IC day of
. 1994 THE MOUNTAIN ICE & COAL COMPANY of the County of
Pueblo, and State of Colorado, for the consideration of TEN DOLLARS
AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, hereby
sells and conveys to ANTHONY J. ESTRADA of the County of Pueblo,
and State of Colorado, the following real property situate in the
County of Pueblo and State of Colorado, to wit:
Lots 3 and 4, Block 55, County Addition Amended,
ALSO
(301AHSO07 :1:1::1:1: DI)CFEE $47.50
All that portion of the Southeast Quartor (SE 1/4) of the
Southwest Quarter (SW 1/4) of Section Twenty -five (25)
Towns Twenty (20) South of Range Sixty -five (65), West
of the 6th Principal Meridian described as follows:
Commencing at t:he point where the North line of 7th
L.T.
Street in the City of Pueblo .intersects the East line in
the Southwest Quarter (SW 1/4) of said section; thence
West along the North line of said 7th Street if produced
I:o the East line of the right - of - way of the Denver &
Santa Fe Railway Company; thence in a Northwesterly
dlrer.tlon on the Northeast line of said right -of -way
i p(
e
North 37 degrees and 50 Minutes West to the South line of
0th Street in the City of Pueblo if produced; thence East
along the South line of said Ot Street if produced to
the East line of the Southwest Quarter (SW 1/4) of said
section; thence: South along the East line of the
L.T.
Southwest Quarter (SW 1/4) of said section to the Point
of Beginning. EXCEPT that parcel of land conveyed to
Western Packing Company, Inc. by deed recorded in Book
1229 at Page 424 of the Pueblo County records, County of
Pueblo, State of Colorado,
with all its aphrirtenances, and WARRANT THE TITLE to the same,
subject I:o the 1993 and all subsequent general property taxes and
all mutters and t ngs of record, and Grantee will hold Grantor
harmless and assumes all duties and liabilities under all City,
State, and Federal Environmental Regulations, for any and all
conditions on the premises, whether or not disclosed by Grantee's
- ,environmental audit or otherwise known or unknown.
/ IN WITNESS WHEREOF, The
to;be...h6reunto subscribed by
be'. - 'ha eunto affixed, the
/*
.�
O
LORADO )
Grantor has caused its corporate name
its President, and its corporate seal
day and year first above written.
THE MOUNTAIN ICE & COAL CO.,
a Colorado Corporation
py 41 R er Z L clier, resident
) ss.
COUNTY ,Of' PUEBLO )
The foregoing instrument was acknowledged before me this
"�'.,St••] • 1994, by Robert L. Belcher as President of
`\eCMp @n� , n Ice & Coal Company, a Colorado corporation.
.1•y rrl�)P Beal• expires: -7�
Witness my band and official seal.
UJI
•�•� . _ ,
��•
No ary Public
S td,,, -mbure Tax Notices to: 602 West 6th Street, Pueblo, CO 01003
ab