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Home My WebLink About20132495.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE TRANSFER OF REAL PROPERTY AND AUTHORIZE CHAIR TO SIGN - THE FAMILY RESOURCE CENTER OF SOUTH WELD COUNTY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Transfer of Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and The Family Resource Center of South Weld County, 330 Park Avenue, Fort Lupton, Colorado 80621, with a closing date of September 9, 2013, with further terms and conditions being as stated in said agreement; said property being described as 330 PARK AV FORT LUPTON, WELD COUNTY FTL 15302 L17-18-19-20 BLK19, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Transfer of Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and The Family Resource Center of South Weld County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all related documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD%®NIX, COLORADO ATTES Weld County Clerk to the Board BY: Deputy CI AP" s ED AS ounty Attorney Date of signature:SEP 1 2 2013 art kD R.1O I4 li to the Boar William`F. Garcia, Chair ougl=s Radem-cher, Pro-Tem n P. Conway e Freeman RECUSED Barbara Kirkmeyer clOci 2013-2495 PR0033 AGREEMENT FOR TRANSFER OF REAL PROPERTY 1. PARTIES AND PROPERTY: The Family Resource Center of South Weld County, a nonprofit corporation in the State of Colorado, whose address is 330 Park Ave, Fort Lupton, Colorado 80621, by and through its Executive Director (Purchaser), agrees to purchase, and the County of Weld, a body corporate and politic in the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 1150 'O' Street, Greeley, Colorado 80632, ("Seller"), hereby agrees to sell, on the terms and conditions set forth in this Agreement for Purchase of Real Property ("Agreement"), the real estate described below, a copy of which is attached hereto and incorporated herein by reference. Included in the sale are any and all improvements existing on the property, (including the shed and any water taps), all attached fixtures owned by the Seller, and miscellaneous furniture and equipment, described in paragraph 5, below described herein as "the Property"). Property description: 330 PARK AV FORT LUPTON, WELD COUNTY FTL 15302 L17-18-19-20 BLK19 2. PURCHASE PRICE AND TERMS: The purchase price shall be One Dollar and no/100 ($1.00), payable in U.S. Dollars to Seller by Purchaser on the date of closing, September 9, 2013. 3. NOT ASSIGNABLE: This Agreement shall not be assignable by Purchaser without Seller's prior written consent. Except as so restricted, this Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 4. PROPERTY SOLD "AS IS": The real property and the improvements thereon are sold "as is". Seller makes no warranties regarding the Property, including, without limitation, warranties as to the suitability of the improvements for any particular purpose, warranties concerning the structural integrity of the improvements, and/or warranties concerning the accuracy of the boundary lines of the lots. Purchaser is relying on its own inspections and observations of the Property and not upon any representations of the Seller. Purchaser and Seller expressly acknowledge that the property may contain environmentally hazardous materials and/or conditions, including but not limited to asbestos. Purchaser agrees to accept any and all liability for any such environmentally hazardous materials and/or conditions. The consideration provided between the parties hereby expressly contemplates such potential liabilities. 5. PERSONAL PROPERTY INCLUDED IN SALE: All personal property on the location of the real property that is not included in this agreement shall be removed prior to the date of closing. On the date of closing, all personal property remaining on the real property described in Exhibit A, shall become the property of Purchaser. Purchaser Page 1 of 5 Seller / 3965800 Pages: 1 of 5 09/24/2013 01:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII RIF. IIMI'LIMOVIt'i: hliii iiNONAN't; µFah•1l'tiliih ®III I 2013-2495 6. EVIDENCE OF TITLE: Seller makes no representation as to chain of title, and provides a Quit Claim Deed pursuant to this Agreement. Seller provides no other title information to Purchaser. Purchaser, if it so desires, shall obtain, at its sole expense, a current commitment for an owner's title insurance policy. Seller has no actual knowledge of any other title matters not shown of record which could be disclosed to Purchaser. 7. INSPECTION: Purchaser is solely responsible for and shall pay all costs associated with any inspection on the Property and shall not allow a lien to be placed on the Property resulting from any work done or requested by Purchaser. Purchaser shall be responsible for and shall pay any and all damages, resulting from its inspection of the Property, and in the event Purchaser fails to complete the purchase of the Property, Purchaser shall return the Property to the Seller in substantially the condition the Property was in prior to Purchaser's inspection. If Purchaser discovers any unsatisfactory condition, it must provide notice of such condition to Seller on or before August 19, 2013, and if Purchaser and Seller have not agreed, in writing, to a settlement thereof on or before August 26, 2013, this Agreement shall terminate on August 26, 2013, unless, Seller receives written notice from Purchaser waiving objection to any unsatisfactory condition on or before that date. 8. DATE OF CLOSING: The date of closing ("Closing") shall be September 9, 2013, or by mutual agreement at an earlier date. The hour and place of closing shall be agreed upon by Seller and Purchaser. 9. TRANSFER OF TITLE: Subject to tender or payment at closing as required herein and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a Quit Claim Deed to Purchaser, at the Closing. 10. ENCUMBRANCES: Seller is unaware of any encumbrances on the property and shall not be responsible for the payment of any unrecorded encumbrance(s). 11. CLOSING COSTS, DOCUMENTS AND SERVICES: Purchaser shall pay the documentary fee and costs to record the deed. Purchaser and Seller shall sign and complete all customary or required documents at or before closing. 12. PRORATIONS: Seller shall pay all utility costs through the date of Closing, including water and sewer charges, and Purchaser shall pay all such costs after the date of Closing. Seller shall be responsible for the payment of all insurance on the property through the date of sale, and Purchaser shall be responsible for the payment of all insurance on the property from the date of sale. Seller shall be entitled to any refund of insurance premium(s) paid for coverage after the date of the sale. No other expenses, taxes, or assessments shall be prorated to the date of Closing, except as noted in this Agreement. 13. POSSESSION: Purchaser shall be entitled to possession of the Property upon following Closing. Subsequent to the date of this Agreement and prior to Closing, Purchaser, its agents Purchaser AV Page 2 of 5 Seller _ 3965800 Pages: 2 of 5 09/24/2013 01:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO iii III i�.MIWAWIAhid®IIII and employees shall be entitled to enter upon the Property for the purpose of making inspections thereof. 14. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any obligation hereunder is not performed or waived as herein provided, there shall be the following remedy: If either party shall be in default, the other party may treat this Agreement as cancelled. 15. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Purchaser and Seller acknowledge that each of them has been advised that this document has important legal consequences, and that each is aware of the importance of the examination of all documents of title, and that to their individual satisfaction, each has consulted with legal and tax or other counsel before signing this Agreement. 16. NOTICE TO PURCHASER: Any notice to Purchaser shall be effective when received by Purchaser. Notice to Purchaser shall be given to: The Family Resource Center of South Weld County Ken Poncelow, Executive Director 330 Park Ave Fort Lupton, Colorado 80621 17. NOTICE TO SELLER: Any notice to Seller shall be effective when received by Seller. Notice to Seller shall be given to: Weld County Monica Mika, Director of Administrative Services 1150 'O' Street Greeley, Colorado 80632 18. MODIFICATION OF THIS AGREEMENT: No subsequent modification of any of the terms of this Agreement shall be valid, binding upon the parties, or enforceable unless made in writing and signed by both parties. 19. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement. 20. NOTICE OF ACCEPTANCE AND COUNTERPARTS: This proposal shall expire unless accepted in writing, by Purchaser and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before August 26, 2013, ("Acceptance Deadline"). If accepted, this document shall become an Agreement between Seller and Purchaser. A copy of this document may be executed by each party, separately, Purchaser /6 79 3965800 Pages: 3 of 5 09/24/2013 01:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Page 3 of 5 Seller V( / KELM rekirL' kJYi NilltrilvAtiPKIIli DI and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete Agreement between the parties. 21. ADDITIONAL PROVISIONS: (a) NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. (b) NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. (c) SEVERABILITY: If any clause, provision, subsection, section or article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, section or article shall not affect any of the remaining provisions of this Agreement. (d) REMOVAL OF PERSONAL PROPERTY: Seller shall remove all personal property from the premises on or before the date of Closing. (e) AUTHORITY TO SIGN: Each of the undersigned persons represent that they have authority to bind Seller and Purchaser, respectively. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to, and be binding upon, the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. ATTEST: SELLER: OARD OF COUNTY COMMISSIONERS F WELD COUNTY, TATE OF COLORADO alm'c't:f\ By: � E� . eBy: HP 0 4 2013 Purchaser /(7> Page 4 of 5 Seller / _ 3965800 Pages: 4 of 5 09/24/2013 01:14 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III Prainri 1070+tilicriLIIii:MI'M IJ rL'ii h ®III I Deputy Clerk to the Board William Garcia, Chair PURCHASER: FAMILY RESOURCE CENTER OF SOUTH WELD COUNTY Purchaser /OR Ken Poncelow, Executive Director Page 5 of 5 Seller t41C / 3965800 Pages: 5 of 5 09/2Steve/2013 Moreno, Clerk and Recorder, PM R r 0 Weld eeCounty, CO : t 'A' Iti1/4MINIUM QUIT CLAIM DEED ra G� � THIS DEED is made this o2J d�.�G'ay of enll/f r, 2013, between Weld County, Colorado, a body politic and corporate of the State of Colorado of the first part, and to Family Resource Center of South Weld County, a nonprofit corporation in the State of Colorado of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar and no/00's ($1.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: Lots 17, 18, 19, and 20 of Block 19, Town of Fort Lupton, State of Colorado, and all improvements located thereon. Also known as 330 Park Avenue, Fort Lupton, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, William Garcia, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of thy Order contained in the Resolution made by said Board of County Commissioners on the &3` day of Okm 4%2013, have hereunto set my hand and affixed the seal of said County this oi' !day o 3 p fpmh e r , 2013, for the uses and purposes therein set forth. CLERK TO THE BOARD OF MNCOUNTY COMMISSIONERS BU BY: .a;.6) Oa LLo- " ° S a ��7 ma° .mx-111 a�vt meal MNN 0 CO SE_ Wma� 10 > O)mv Deputy Cle to the Board STATE OF COLORADO County of Weld COUNTY OF WELD, STATE OF COLORADO, A BODY POLITIC AND ORPORATE OF THE STATE OF LORADO SEP 2 3 2013 The foregoing instrument was acknowledged before me this ati day of (VIA.Y/ 2013, by William Garcia, as Chairman of the Board of County Commissioners of the ounty of Weld, State of Colorado. Witness my hand and official seal this My commission expires: day of fw169./, A.D., 2A1tj . TAMMY LEE WATERS NOTARY PUBLIC I STATE OF COLORADO NOTARY ID 20124078542 MY COMMISSION EXPIRES DECEMBER 5, 2016 f " -'- 9-.Z3-2013 c c Met, + clod- at/95 F&0033 Hello