Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 47

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          rates of adjoining properties, (2) ability to counteract the off-           
          Broadway location of the proposed tower, and (3) enhancement of             
          the Bank's image, which would be reflected in a greater market              
          share.  Reflective of those reports, the minutes of the Committee           
          meeting on August 25, 1980, in part, provide:                               
               Bank management feels very positive about the project.                 
               The general feeling of the Bank is in favor of the                     
               enclosed atrium to allow the Bank to achieve a larger                  
               market share.  The atrium should create a major center,                
               making United Bank Center a nationally notable building                
               complex.                                                               
          At that time, however, there were no immediate plans to sell any            
          of the adjoining properties, and, thus, there is simply no basis            
          to find that the Bank approved construction of the proposed                 
          atrium so as to induce sales of those properties.9                          


          9    Petitioner proposes the following finding of fact:                     
               During 1978-1979, while the Bank was negotiating and                   
               planning the construction of 1UBC and the Atrium, the                  
               Bank gave consideration to selling some of its                         
               properties in United Bank Center.  * * *                               
          Petitioner apparently supports that finding only with the                   
          following testimony of Mr. Richard A. Kirk, president of UBD in             
          1979:                                                                       
                    [Counsel for petitioner]:  In the time frame                      
               1978-9 to 1984, before the construction of the Atrium                  
               commenced, did LBC consider selling any of its                         
               properties in United Bank Center?                                      
                    [Mr. Kirk]:  Yes.                                                 
                    [Counsel]:  Do you know which properties were                     
               under consideration for sale?                                          
                    [Mr. Kirk]:  We would--we had a lot of real                       
               estate, as is evidenced here, and I think in those days                
               we were coming to a conclusion that that wasn't                        
               necessarily the best place for us to have our monies.                  
                                                             (continued...)           




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