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HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 109A - AFFIDAVIT OF MICHAEL BECKSTEADDISTRICT COURT, LARIMER COUNTY, COLORADO Court Address: 201 La Porte A venue Fort Collins, CO 80521 Phone Number: (970) 494-3500 Plaintiff: ERIC SUTHERLAND, prose v. Defendants: THE CITY OF FORT COLLINS, a home rule municipality in the State of Colorado; STEVE MILLER, in his capacity as the Larimer County Assessor and all successors in this office; IRENE JOSEY, in her capacity as the Larimer County Treasurer and all successors to this office; and Indispensable Parties: THE TIMNATH DEVELOPMENT AUTHORITY, an Urban Renewal Authority; and COMPASS MORTGAGE CORPORATION, an Alabama company doing business in Colorado. Attorneys for Defendant City of Fort Collins: John W. Mill (#22348) Rosemary A. Loehr (#52559) Sherman & Howard L.L.C. 633 17th Street, Suite 3000 Denver, CO 80202 Phone Number: (303) 297-2900 Email: jmill@shermanhoward.com rloehr@shermanhoward.com Carrie M. Daggett, #23316 John R. Duval, #10185 Fort Collins City Attorney's Office 300 LaPorte A venue Fort Collins, CO 80522-0580 970-221-6520 cddairn:ett@fc2:ov.com iduval@fc2:ov.com A COURT USE ONLY A Case No. : 2018CV149 Courtroom/Division: SB AFFIDA'.VIT OF MICHAEL BECKSTEAD REGARDING THE CITY OF FORT COLLINS'S NOTIC~ OF CORRECTION OF RECORD 49738279.2 EXHIBIT A DATE FILED: March 19, 2019 3:33 PM FILING ID: F9E5EF2ABC95A CASE NUMBER: 2018CV149 I, Michael Beckstead, being first duly sworn, testify and state as follows: 1. I am over the age of eighteen years and competent to give testimony. I have personal knowledge of the facts set forth in this Affidavit. 2. I am the Chief Financial Officer of the City of Fort Collins. 3. I testified in Court in the above-captioned matter at a hearing on Friday, March 15, 2019 on the City of Fort Collins' Combined Motion for Attorneys' Fees and Costs. 4. I am submitting this Affidavit to correct my answer to one question during my testimony. 5. Mr. Sutherland asked me a question to the effect of did I know that he, Mr. Sutherland, had filed a complaint in this case, prior to the issuance of the City's broadband revenue bonds. 6. In response, I hesitated, trying recall when I was aware of the complaint, and then answered that I was not aware of the complaint before the issuance of the bonds. 7. After the conclusion of my testimony, I realized that my answer to that question was incorrect. In fact, I was aware of Mr. Sutherland's complaint prior to the issuance of the bonds. 8. All of my other testimony was correct to the best of my knowledge, information and belief. I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge, information, and belief. Further affiant sayeth naught at this time. Michael Beckstead ST A TE OF COLORADO CITY OF FORT COLLINS AND COUNTY OF LARIMER Subscribed and sworn to before me this\'\ t~y of March, 2019. Witness my hand and Official Seal. ) )ss. ) My Commission Expires: tv\~ l"i,a.-0~ JANEEN . CALKINS NOTARY PUBLIC -Notary ~ Public STATE OF COLORADO NOTARY ID 20084017176 MY COMMISSION EXPIRES MAY 15. 2020 2 49738279.2