HomeMy WebLinkAbout20083432.tiff RESOLUTION
RE: CONDITIONAL APPROVAL OF AGREEMENT FOR DONATION OF REAL PROPERTY,
ACCEPTANCE OF QUIT CLAIM DEED,AND AUTHORIZATION OF CHAIR TO SIGN ANY
NECESSARY DOCUMENTS - ROBERT STANLEY COMPANY
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 Donation of Real
Property and a Quit Claim Deed between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Robert Stanley Company, 6600 West
20th Street, #37, Greeley, Colorado 80634, commencing upon full execution of said agreement,
with further terms and conditions being as stated in said agreement; said property being located
at 300 8th Avenue, Greeley,Colorado 80631; being more particularly described in Exhibit A,a copy
of which is attached hereto and incorporated herein by reference, and
WHEREAS, the Robert Stanley Company will decide on December 31, 2008, prior to 5:00
p.m. whether or not to donate said property to the County, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said quit claim deed, copies of which is attached hereto and incorporated herein by
reference, if the Robert Stanley Company decides to so donate the property on December 31,
2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Donation of Real Property between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Robert Stanley Company be, and hereby is, approved, if the Robert Stanley Company decides to
so donate the property on December 31, 2008.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado,that the Quit Claim Deed from the Robert Stanley Company to the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, be, and hereby
is, accepted, if the Robert Stanley Company decides to so donate the property on December 31,
2008.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign all related documents, if the Robert Stanley Company decides to so donate the property on
December 31, 2008.
2008-3432
PR003
Cc 0./03 vq
AGREEMENT FOR DONATION OF REAL PROPERTY AND QUIT CLAIM DEED - ROBERT
STANLEY COMPANY
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 31st day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
,�� ., � `f�5 ys-
ATTEST: l 4 ;1- 4`` —z L�
's L' illi Jerke, Chair
Weld County Clerk to the �dar �`�. ,;�
( j' I III Robert D. Mas , Pro-Tem
De y Cler o the Board `✓i
(� illi Garcia
APPR y F e,
David E. Long
n y Attorney
glas emacher j
Date of signature: I A lr
2008-3432
PR0030
AGREEMENT FOR DONATION OF REAL PROPERTY
THIS AGREEMENT is made this day of ,2008,by and between ROBERT
STANLEY COMPANY a Corporation duly formed and in good standing under the laws of the State
of Colorado,with an address of 6600 W. 20th Street,#37,Greeley CO 80634,hereinafter referred to
as "Donor," and the COUNTY OF WELD, a body corporate and politic of the STATE OF
COLORADO,by and through its Board of County Commissioners,whose address is P.O.Box 758,
915 10th Street, Greeley, CO 80632, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County is currently leasing office/storage space from Donor for which County
pays no rent, as the space is donated; and
WHEREAS,Donor owns the leased property which is located at 300 8th Avenue,and which
is more particularly described in the attached Exhibit "A"; and
WHEREAS,County wishes to acquire the building and the surrounding storage and parking
area for use by its various departments, and for the benefit of the citizens of Weld County,Colorado ;
and
WHEREAS, Donor wishes to provide a benefit to County by donating said building and
surrounding property in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, the parties herein agree as follows:
1. Donor agrees to donate to County and County agrees to accept the property described in
Exhibit"A,"hereinafter referred to as"300 8th Street Building." Said 300 8th Street Building
shall be used by the public and maintained by County for the purpose of conducting the
business of Weld County.
2. Donor agrees to grant the 300 8th Street Building to County by a Deed of Dedication,free and
clear of all encumbrances, except that Donor shall retain all mineral rights associated with
the property.
3. County agrees to pay costs of title insurance and recording fees, if such title insurance is
desired by County.
4. Donor makes no warranties regarding the condition or suitability for a particular use, and
County agrees to accept the donated property"as is"; and
5. The parties hereby agree that neither has made or authorized any agreement with respect to
the subject matter of this instrument other than expressly set forth herein, and no oral
Page 1 of 3 Pages
representation,promise, or consideration different from the terms herein contained shall be
binding on either party, or its agents or employees, hereto. This Agreement embodies all
agreements between the parties hereto and there are no promises, terms, conditions, or
obligations referring to the subject matter whereof other than as contained herein.
6. The date of the transfer of the 300 8th Street Building shall be the date of the delivery of the
documents of conveyance; however, as County currently leases the property from Donor,
County shall remain in possession until the date of the conveyance.
7. General taxes for the year 2008 for the 300 8th Street Building shall be apportioned to the
date of delivery of the deed based on the most recent levy and the most recent assessment.
Donor represents and warrants that all general taxes and special assessments levied prior to
such year have been paid in full by Donor.
8. Donor agrees to pay any costs associated with an appraisal of the property, should he seek to
obtain an appraisal prior to the date of conveyance.
9. 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.
10. 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 create a duty of care with respect to any persons not a party to this Agreement.
11. All of the conditions,promises, and covenants stated herein shall be in full force and effect,
notwithstanding the conveyance of the 300 8th Street Building by Deed of Dedication and
Acceptance, as outlined herein, and shall not merge with said Deed of Dedication and
Acceptance.
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.
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
DONOR:
ROBERT STANLEY COMPANY
By:
Title:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD OF OFWELD COUNTY, STATE OF
COUNTY COMMISSIONERS COLORADO
/`
BY: BY:
Deputy Clerk to the B rd , Chairman
Page 3 of 3 Pages
EXHIBIT A
All that part of lots 2, 3 and 4, in Block 3 of the Plat of the Town of Greeley, Weld
County, Colorado lying 15.00 feet southwesterly of the Main Track centerline of the
Great Western Lines LLC (formerly The Colorado & Southern Railway Company), as
now located and constructed, together with the South One-Half of vacated Third Street
adjoining the north line of Lots 3 and 4 of Block 3 of the Plat of the Town of Greeley,
Weld County, Colorado.
QUIT CLAIM DEED
THIS DEED is made this day of December, 2008,between ROBERT STANLEY
COMPANY a Corporation duly formed and in good standing under the laws of the State of Colorado, with
an address of 6600 W. 20th Street, #37, Greeley CO 80634,hereinafter"party of the first part," and the
COUNTY OF WELD, a body corporate and politic of the STATE OF COLORADO, by and through its
Board of County Commissioners,whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80632,
hereinafter"party of the second part".
WITNESSETH, that the said party of the first part, with donative intent and for no consideration,
has remised,released, donated, transferred, conveyed and QUIT CLAIMED, and by these presents does
remise, release, donate, transfer, 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: All of the real property described in the attached
"Exhibit A,"EXCEPTING,therefrom, all minerals of whatsoever kind or character in,under, and
upon or that might be produced from said described real property.
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, its heirs, successors, 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, the party of the first part, ROBERT STANLEY COMPANY a
Corporation duly formed and in good standing under the laws of the State of Colorado, by Robert W.
Stanley, President, has hereunto set my hand this day of December, 2008, for the uses and purposes
therein set forth.
ROBERT STANLEY COMPANY
Robert Stanley Company
Robert W. Stanley,President
STATE OF COLORADO )
) se.
County of Weld )
The foregoing instrument was acknowledged before me this day of ,2008,
by Robert W. Stanley,President of Robert Stanley Company,of the City of Greeley,County of Weld,State of
Colorado.
fitness my hand and official seal this day of -A.D., 2008.
My commission expires:
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