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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