OCR Text |
Show Page C4 Thursday, December 1, tax for such year lawfully levied by the Park City School District upon the taxable property within the Project Site or (b) the maximum max-imum amount of voted leeway tax for such year that could have been lawfully levied by the Park City School District upo the taxable tax-able property within the Project Site under the statutes of the State of Utah with respect thereto as In effect on the date hereof; provided that any other term or provision hereof to the contrary notwithstanding the obligationns of the Company to make payments hereunder shall be limited to the payment of money actually received by the Company Com-pany from the RDA pursuant to Section 2(b) hereof. Section 6. Limited Obligation. The obligations of the RDA hereunder are speical limited obligations of the RDA secured by the Incremental Taxes (as reduced by the adjustments provided pro-vided for in Section 11 -19-29(1 Kf) of the Act) and are payable solely from said Incremental Taxes, collected col-lected and allocated to the Agency. Agen-cy. This Agreement is noi a general obligation or debt of the County, the State of Utah, or any of its political subdivisions, neither the County, the State of Utah nor any of its political subdivisions sub-divisions are liable for any obligation obliga-tion hereunder, or in any event shall the obligations hereunder give rise to a general obligation or liability of the County, the State of Utah, or any of its political subdivisions, or a charge against their general credit or taxing powers, or be payable out of any funds or properties other than those of the RDA pledged hereunder. Such obligations do not constitute an indebtedness within the meaning of any constitutional con-stitutional or statutory debt limitation or restriction. Section 7. RDA Confers Rights. The RDA hereby confers upon the Company all of the rights set forth In Section 11-1 9-27(a) of the Act as in effect on the date hereof, and said Section 11-19-27(1) as in effect on the date hereof is hereby made a part hereof. Section 8. Agreement issued in connection with Project. Pursuant Pur-suant to and within the meaning of Section 11-19-23.7 of the Act the RDA hereby recites that this Agreement has been issued by the RDA in connection with an area redevelopment project comprised com-prised of the Project. Section 9. Taxes Irrevocably Pledged. Pursuant to and within the meaning of Section 11-19-30 of the Act the portion or tne taxes referred to in Section 2(b) hereof is hereby irrevocable pledged for the payment of the obligations of the RDA hereunder to the Company. Com-pany. Section 10. Counterparts. This Agreement may be executed In any number of counterparts, all of which taken together shall constitute con-stitute one Agreement and any party may execute this Agreement Agree-ment by signing a counterpart. ' Section 11. Severability. If any covenant, agreement or provision, provi-sion, or portion thereof, contained contain-ed in this Agreement is held to be unconstitutional, invalid or unenforceable, unen-forceable, the remainder of this Agreement shall be deemed severable and shall not be affected, af-fected, and this Agreement shall remain valid. Secion 12. Governing Law. This Agreement shall be governed govern-ed exclusively by the applicable laws of the State of Utah. Section 13. Captions. The captions cap-tions in this Agreement are for convenience only and do not define or limit the scope or the Intent In-tent of any of the provisions or Sections of this Agreement. Section 14. Notice. It shall be sufficient service of any notice, request, complaint, demand or other paper on the RDA if the same shall be duly mailed by registered or certified mail, addressed ad-dressed to it at P.O. Box 128, Coalville, Utah 84017, Attention: Executive Director or to such address ad-dress as the RDA may from time to time file with the Company. It shall be sufficient service of any notice, request, complaint, demand de-mand or other paper on the Company Com-pany if the same shall be duly mailed by registered or certified mail, addressed to it at 14724 East Proctor Avenue, City of In- dusstry, California 91749-1040, Attention: Vice President, or to such address as the Company may from time to time file with the RDA. Public Notice is further given that prusuant to Section 11-19-23.7 Utah Code Annotated 1953, as amended for a period of thirty (30) days after the publication publica-tion of the Resolution any person shall have the right to contest the legality of the Resolution or any provision made for the security and payment of the within described Agreement and after such time no one shall have any cause of action to contest the regularity, formality or legality of the Agreement for any cause whatsoever. Published In the Park Record December 1, 1988. 1988 Park Record Trustee's Sale Shadow Ridge The following described property pro-perty will be sold at public aud-tion aud-tion to the highest bidder, payable in lawful money of the United States at the time of sale, at the front steps of the Summit County Courthouse at 60 North Main, Coalville, Utah on Wednesday, Wednes-day, December 28, 1988 at l:00 p.m. of said day for the purpose of foreclosig a Deed of Trust dated February 20, 1981 and recorded February 26, 1981 as Etnry No. 176779 In Book M180 at Page 714 in the Records of Summit County, State of Utah, executed by Craig K. Ota and Margaret K. Ota, husband and wife, Derick T. Tagawa and Yoko Tagawa, husband and wife, and Iwao Yoshimura and Kazuee Yoshimura, husband and wife, as Trustors, In favor of American Savings and Loan Association, as Trustee and Beneficiary, covering cover-ing the real property located at approximately 1445 Empire Avenue, Unit 4206, ' Shadow Ridge Condominiums, Park City, Utah, and more particularly descibed as follows: The land referred to in this report is situated in the County of Summit, State of Utah, and is described as follows: Unit 4206, contained within the Shadow Ridge Condominiums, as the same is identified in the Record of Survey Map recorded in Summit County, Utah, as Entry No. 166230, and the Declaration of Condominium of the Shadow Ridge Condominiums recorded in Summit County, Utah, as Entry No. 173629 in Book M-173, at Page 605, and in the Bylaws of Shadow Ridge Condominiums Owners Association, recorded in Summit County as Entry No. 173630 in Book M-173 at page 648. Together with: (a) The undivided un-divided ownership interest in said Condominium Project's Common Areas and Facilities which is appurtenant ap-purtenant to said Unit, said undivided un-divided ownership interest as initially in-itially established being 1.52 percent per-cent (the referenced Declaration of Condominium providing for periodic alteration both in the magnitude of said undivided ownership interest and in the composition of the Common Areas and Facilities to which said interest relates): (b) The exclusive ex-clusive right to use and enjoy each of the Limited Common Areas which Is appurtenant to said Unit; and (c) The nonex-cusive nonex-cusive right to use and enjoy the Common Areas and Facilities Included In-cluded in said Condominium Project Pro-ject (as said Project may hereafter be expanded) in accordance accor-dance with the aforesaid Declaration Declara-tion and Survey Map (as said Declaration and Map may hereafter be amended or supplemented) sup-plemented) and the Utah Condominium Con-dominium Ownership Act. Published in the Park Record December 1 , 8 and 15,1 988. Park City Fire District Invitation to Bid Bids will be received by the Park City Fire Service District, P.O. Box 680967, Park City, Utah 84068, on the following invitation to bid: A financial audit is requested for the fiscal year ending December 31, 1988; Fund and Accounting Groups include General Fund, Special Revenue Fund, Debt Service Fund, Capital Projects Fund, General Fixed Asset Account Group; the audit shall be performed in accordance with "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." Func-tions." For a Request for Proposal Pro-posal write to the above address by December 9, 1988. Published in the Park Record December 1 and 8, 1988. Park City Fire District Public Hearing The Park City Fire Service District 1989 Budget Hearing will be held on Wednesday, December 7, 1988, at 6:30 p.m. at Station No. 31, 1353 Park Avenue. Published in the Park Record on November 23 and December 1, 1988. Notice to Creditors Bailey Estate In the Third Judicial District Court of Summit County, State of Utah in the matter of the estate of David B. Bailey, deceased, Notice to Creditors, Probate No. 2299. All persons having claims against the above estate are required re-quired to present them to the undersigned or to the Clerk of the Court on or before the 1 5th day of December, 1988, or said claims ( be forever barred. Kathleen F. Bailey Published In the Park Record on November 23, December 1, 8 and 15, 1988. Notice of Hearing Brickyard Plaza 1 . Notice Is hereby given that a hearing on the Motion of Brickyard Plaza for an Ordeer to Extend Proof of Claim Bar Date will ba held on the 20th dav of December, 1988, at 3:15 o'clock p.m., before the Honorable John H. Allen, Judge of the United States Bankruptcy Court for the District of Utah, Central Division, United States Courthouse and Post Office Building, 350 South Main Street, Salt Lake City, Utah, Room 376, or such other room as may be designated by the Court. 2. Grounds for the relief sought are set forth in the accompanying Motion. 3. This hearing has been set at least eighteen (18) days after the service by mail of this Notice and the accompanying Motion. At least ten (10) days have been allowed for the filing of any responses. Objections must be filed at least two (2) days before the hearing. In the absence of a timely objection, the Motion may be granted without a hearing. 4. This Notice of Hearing is given pursuant to Bankruptcy Rules 9006, 9007, 9014; Local Rules 5, and 27(c) and (d). Dated this 3rd day of November, 1988. Paul Jamess Roseano, Attorney At-torney for Creditor Brickyard Plaza Published in the Park Record November 17, 24, and December 1, 1988. Civil No. 9906 In the Third Judicial District Court for Summit County, State of Utah, Cascade Park City Limited Partners, a Utah limited partnership, partner-ship, plaintiff, v. Left Guard of Utah, Inc. dba China Bridge Restaurant and Bobby Wan, defendants. The State of Utah to the above-named defendant(s): Left Guard of Utah, Inc. dba China Bridge Restaurant You are hereby summoned and required to file with the clerk of the above court a written answer to the attached complaint, and to serve upon or mail to the plaintiff's plain-tiff's attorney, Gregory M. Simonsen, Edwards & McCoy, 57 West 200 South, Suite 400, Salt Lake City, Utah 84101, a copy of your answer within twenty (20) days after service of this summons sum-mons upon you. If you fail to so answer, judgment judg-ment by default will be taken against you for the relief demanded demand-ed in the complaint. Dated this 13th day of July, 1988. Thomas G. Bennett, Gregory M. Simonsen, Attorneys for Plaintiff Plain-tiff Published in the Park Record on November 23, December 1 , 8, and 15, 1988. Trustee's Sale Craig's Condos The following described property, pro-perty, situated in Summit County, State of Utah, will be sold at public auction to the highest bidder, bid-der, payable in lawful money of the United States at the time of sale, at the front steps of the Main Street Entrance, Summit County Courthouss 60 North Main, Coalville, Summit County, State of Utah, on Tuesday, Decemer 27, 1988, at 10:00 a.m. for the purpose of foreclosing that certain Deed of Trust (Business Loan) ("Trust Deed") dated September 28, 1983, and filed for record on September 30, 1983, as Entry No. 211448, in Book 274, beginning at 287, Records of Summit County, State of Utah, executed by Michael R Goland, a single man, as Trustor, to Household Finance Corporation, Corpora-tion, as Beneficiary, covering real property located at 1438 Park Avenue (erroneously described in the Note and Trust Deed as "1348" Park Avenue), Park City, Summit County, Utah, 84060, and more particularly described as follows: "Units 3, 4, 5, 6, 7, & 8 Craig's Condominiums, together with a 75 percent undivided ownership interest in the common areas and facilities according to the Condominium Con-dominium Declarations and Record of Survey Map recorded Septemer 24, 1979, as Entry No's. 159617 and 159618, respectively, In the office of the Summit County Recorder." The above condominium units contain some furniture, household furnishings, and personal per-sonal property. In accordance with Utah Code Ann. S70A-9-50K4) (1974 & Supp. 1988), this sale shall include the real property above described and any and all furniture or other personal property located in each condominium unit. A more particular par-ticular description of the personal per-sonal property can be found in the UCC-I Financing Statement filed with the Summit County Recorder as Entry No. 941 1 75. Dated this 23rd day of November 1988. Francis J. Carney, Esq., Successor Suc-cessor Trustee Published In the Park Record on December 1 , 8, and 1 5, 1 988. FUN NINTENDO GAMES Great Christmas Gifts CASTLEVANIA CONTRA - $2qta. retail for approx. $3ea. LiKe new, conquered, kids want to selll Call eves. 1-654-3704 Civil No. 9906 In the Third Judicial District Court for Summit Couty, State of Utah, Cascade Park City Limited Partners, a Utah limited partnership, partner-ship, Plaintiff, v. Left Guard of Utah, Inc. dba China Bridge Restaurant and Bobby Wan, defendants. The State of Utah to the above-named above-named defendant(s); Bobby Wan You are hereby summoned and required to file with the clerk of the above court a written answer to the attached complaint, and to serve upon or mail to the plaintiff's plain-tiff's attorney, Gregory M. Simonsen, Edwards & McCoy, 57 West 200 South, Suite 400, Salt Lake City , Utah 984 1 0 1 , a copy of your answer within twenty (20) days after service of this summons sum-mons upon you. If you fail to so answer, judgment judg-ment by default will be taken against you for the relief demanded demand-ed in the complaint. Dated this 13th day of July, 1988. Thomas G. Bennett, Gregory M. Simonsen, Attorneys for Plaintiff. Plain-tiff. Published in the Park Record on November 23, December 1, 8, and 15, 1988. Public Hearing City Council Notice is hereby given thai a public hearing will be held before the Park City Council on the 1st of December, 1988 in the Marsac Municipal Building, 445 marsac Avenue, Park City, Utah at 6:00 p.m. The purpose of the hearing is to receive public input on a revision revi-sion to the Land Management Code to add the HR-2 overlay zone, which would allow commercial com-mercial uses in existing Historic Structures along the East side of Park Avenue on Upper Main and on the East side of Swede Alley and Grant Avenue. Published in the Park Record on November 3, 10, 17 and 24 and December 1 , 1988. Trustee's Sale The Knoll The following described real property will be sold at public auction to the highest bidder without warranty as to title, possession or encumbrances, at the south entrance of the Summit County Courthouse, 60 North Main, Coalville, Utah, the 14th day of December, 1988, at ll:00 o'clock a.m., of said day: Situted in the County of Summit, State of Utah, more particularly described describ-ed as follows: Unit No. 4 contained within The. Knoll at Silver Lake Condominium Project (hereinafter "Project"), as the same is identified and defined in the Record of Survey Map (hereinafter "Map"), recorded record-ed in the Summit County, Utah, as Entry No. 190071, and in the "Condominium Declaration for the Knoll at Silver Lake, a Utah condominium project" (hereinafter "Declaration") recorded in Summit County, Utah, on April 5, 1982, as Entry No. 190072, in Book M-216, at Page 194. Together with the undivided un-divided ownership interest, and non-exclusive right and easement ease-ment of use and enjoyment, in and to the Common Areas and Facilities described, and as provided pro-vided for in said Map and said Declaration (said Declaration providing pro-viding for periodic alteration both in the magnitude of said undivided undivid-ed ownership interest and in the composition of the Common Areas and Facilities to which said interest related) as more particularly par-ticularly described in said Declaration. Also known as: Unit 4, The Knoll at Silver Lake, Phase 1, a Utah Condominium Project, together with an undivided undivid-ed 22.82 ownership interest in the common areas, as the same are established and Identified in the Declaration and Record of Survey Map recorded April 5, 1982 as Entry No. 190072 and 190071, respectively, in the office of-fice of the Summit County Recorded. he Commonly known as 7915 Royal Street East, Park City, Utah 84060. The Trust Deed being foreclosed foreclos-ed by these non-judicial trust deed foreclosure proceedings is dated Marh 7, 1986, and was executed ex-ecuted by A. W. Rabalais and Scarlett D. Rabalais, husband and wife, as Trustor, and in favor of Citicorp Mortgage, Inc., the present Beneficiary. The present owners are reported to be A. W. Rabalais and Scarlett Rabalais, husband and wife. The' purchase price is payable in lawful money of the United States of America. Dated the 11th day of November, 1988. Paul M. Halliday, Successor Trustee Published in the Park Record on November 17, 24 and December 1, 1988. Trustee's Sale The following descibed property proper-ty will be sold at public auction to the highest bidder on the 20th day of Decemeber, 1988, at 11:00 a.m. at the west main entrance en-trance of the Summit County Courthouse, Coalville, Utah, in the County of Summit, by Stuart T. Matheson as Successor Trustee under that certain Deed of Trust executed by Todd G. Wir-thlin, Wir-thlin, an unmarried person, as Trustor, dated January 18, 1985, and recorded January 22, 1985, as Entry No. 229778, in Book 329, at Page 144, of the official records In Summit County, Utah, given to secure an indebtedness in favor of Homestead Savings, a Federal Savings and Loan Association by reason of the breach of certain obligations secured thereby. Notice of Default was recorded on August 12, 1988, as Entry No. 295207, in Book 489, at Page 253, of said official records. Trustee will sell at public auction auc-tion to the highest bidder for cash, payable in lawful money of the United States at the time of sale, without warranty as to title, posssession or encumbrances, the following described property purportedly located at 8051 North Wildfiower Drive, No. 43, Park City, Utah 84060, which property pro-perty is located in Summit County, Coun-ty, State of Utah, and is more particularly par-ticularly described as follows: Unit No. 43, contained within The Ranch Condominiums, as the same is identified in the Record of Survey Map recorded in Sumit County, Utah, as Entry No. 213162, and In the Declaration Declara-tion of Covenants, Conditions and Restrictions and Bylaws of the Ranch Condominiums, recorded in Summit County, Utah, on November 17, 1983, as Entry No. 213163, in Book 278. at Page 775. Together with: (a) The undivided un-divided ownership interest in said Condominium Project's Common Areas and facilities which is appurtenant ap-purtenant to said unit, (the referenced Declaration of Condominium Con-dominium providing for periodic alteration both in the magnitude of said undivided ownership interest in-terest and in the composition of the Common Areas and Facilities to which said interest relates); (b) The exclusive right to use and enjoy en-joy each of the Limited Common Areas which is appurtenant to said Unit, and (c) The nonexclusive nonex-clusive right to use and enjoy the Common Areas and Facilities included in-cluded in said Condominium Project Pro-ject (as said Project may hereafer be expanded) in accordance with aforesaid Declaration and Survey Map (as said Declaration and May may hereafter be amended or supplemented) and the Utah Condominium Con-dominium Ownership Act. For the purpose of paying obligations secured by said Deed of Trust including fees, charges and expenses of the Trustee, advances, ad-vances, if any, under the terms of the Deed of Trust, interest thereon and the unpaid principal of the Note secured by the Deed of Trust, with interest thereon as in the Note and by law provided. Date this 15th day of November. 1988 Stuart T. Matheson, Successor Trustee Published in the Park Record on November 23, December 1 and 8, 1988. Sheriff's Sale Civil No. 8339 To be sold at Sheriff's Sale at South entrance, Summit County Courthouse in Coalville, County of Summit, State of Utah, on the 12th day of December, 1988, at the hour of ll:00 a.m. of said day, all right, title and interest of said Defendant, Michael R. McCoy, in and to the following described real property to wit: Parcel No. I: All of Lots 17, 18, 19, 20, 21 , 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32, Block 58, Park City Survey, according to the amended play thereof, as filed fil-ed and of record in the office of the Summit County Recorded. Parcel No. 2: All of Lots 17 and 19, Block 59, Park City Survey, according to the amended plat thereof, as filed and of record in the office of the Summit County Recorded, excepting therefrom any portion located within the railroad rights of way as described describ-ed in those certain documents recorded as Entry No 8176 in Book C at Page 401, Entry No. 13316 in Book H at Page 326, and Entry No. 13610 in Book H a Page 373, records of Summit County, Utah Parcel No. 3: All of Lot 18, Block 59, Park City Survey, according to the Amended Plat thereof, as filed and of record in the office of the Summit County Recorder, excepting ex-cepting therefrom any portion located with the railroad rights of way as described in those certain documents recorded as Entry No. 81 76 in Book C at Page 401 , Entry No. 13316 in Book H at Page 326, and Entry No. 13610 in Book H at Page 373. records of Summit County, Utah. Together with an easement for utilities, including sewer and water lines over the southerly five feet and northerly five feet of the following described lots All of Lot 14, the South 12 of Lot 15, Block 58, Park City Survey according to the amended play thereof as filed and of record in the office of the Summit County Coun-ty Records. The above described real property pro-perty Is located In Park City, Summit County, Utah. Purchase price payable In lawful money of the United States of America. Dated this 15th day of November, 1988. , Sheriff Fred Eley, Summit County. Published In the Park Record on November 23, December 1 and 8, 1988. Notice of Budget Hearing Pursuant to the provisions of Section 17-36-12, Utah State Code, notice is hereby given that the Board of Summit County Commissioners will hold a public hearing for the purpose of adopting adop-ting a budget for calender year 1989. It will be for the following funds of Summit County: County General Fund; Capital Projects Fund; Fleet Leae Fund; Tax Stability Fund; Service Area No. 6; Service Area No.8; Wildland Fire; Highland Estates Special Improvement District; Summit Park Sewer; Atkinson Water; Tlmberllne Service District; Building Authority; and any other necessary budget for 1989, on Wednesday, December 7, 1988, at 7:00 p.m., at the Summit Sum-mit County Courthouse, Coalville Utah. Copies of the proposed budget are on file In the office of the County Auditor at least 10 days prior to the hearing date. All interested persons are invited to attend said hearing. Blake L. Frazier, Summit County Coun-ty Auditor. Published in the Park Record, November 24 and December 1, 1988. Motion Brickyard Plaza 1. Brickyard Plaza ("Brickyard", "Creditor", "Movant"), "Mo-vant"), by its attorneys, hereby respectfully moves this Court for an Order Extending the Proof of Claim Bar Date to allow the Creditor to file its Proof of Claim for pre-petition and post-petition amounts due under a lease of nonresidential real property. Grounds for the Motion 2. This Motion is grounded upon the fact that the Creditor was not listed in the Debtor's bankruptcy schedules, that the Creditor's name and address did not appear on the matrix provided by the Debtor in this case, that the Creditor had absolutely no notice, actual or constructed, of the Debtor's bankruptcy until September 14, 1988. Legal Basis for the Motion 3. This Motion is made' pursuant pur-suant to 28 U.S.C. S1334 (jurisdiction); U.S. District Court's Rules of Bankruptcy Practice and Procedure for the District of Utah, Rule B-105(a) (referral of matters to Bankruptcy Unit); 28 U.S.C. S.S.1408 and 1409(a) (venue). This is a "core matter" under 28 U.S.C. S1 57(b) (2) (A) through (0). 4. This Motion is brought pursuant pur-suant to 11 U.S.C. S105 and S 501; Bankruptcy Rules 3003(c) (3) and 9014; and Local Rules 5, and 27(c) and (d). No Affidavits nor Memoranda have been filed herewith. Dated this 3rd day of November, 1988. Paul James Toscano, Attorney for Creditor Brickyard Plaza Published in the Park Record on November 17, 24 and Member 1, 1988. Trustee's Sale Prospector Square The following described property pro-perty will be sold at public auction auc-tion to the highest bidder payable in lawful money of the United States, cash or cashier's check, at the time of sale, at the South door of the new addition of the County Courthouse in Coalville, Summit County, Utah, on Tuesday, Tues-day, December 27, 1988, at ll:00 o'clock a.m. of said day for the purpose of forecloosing a Trust Deed executed by Prosper A. Tesson, Dorothy C. Tesson Patrick A. Tesson and Karen E. Tesson, as trustors, in favor of Gate City Mortgage Company beneficiary, covering real property proper-ty located at 2090 Sidewinder Drive - 537 Prospector Square -Park City, Utah, and more particularly par-ticularly described as: Unit No. 537, in Building No. 5, as described in the second amended Declaration recorded December 8, 1978 as Entry No. 15187, being also described as Unit No. 41 , in Building No. 5 on the 2nd Supplemental Plat recorded May 10, 1979 as Entry No. 155666, being also described describ-ed as the msot Easterly unit on the Mezzanine Floor of said Building No. 5 of Prospector Square Condominiums. Together with a 1.1674545 undivided ownership in the common areas and facilities according to the Condominium Declarations and Amendments thereto recorded August 2, 1978 as Entry No 148126 and recorded August 11 1978 as Entry No. 148407 and recorded December 8, 1978 as Entry No. 151587, and recorded May 10, 1979 as Entry No. 155665, and the Record of Survey Maps recorded August 2 1978 as Entry No 148127, and recorded December 8, 1978 as Entry No. 151588, and recorded 15&66?' 1979 M Emry N0-Dated N0-Dated this 1st day of December, 1988. V81'98 Company, Trustee Published in the Park Record December 1,8, and 15, 1988. MISTRESS FOR SALE She's Beautiful 1985 Honda Shadow 500. Water-cooled, shaft-drive. Less than 9,000 original miles. Runs and looks like new. Call Van at 649-7324 before 5 or 649-8667 after 5 and weekends. i |