HomeMy WebLinkAbout20081766.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR TERMINATION OF LEASE AND PURCHASE OF
BUILDINGS AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HIGH
PLAINS LIBRARY DISTRICT
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 Termination of Lease
and Purchase of Buildings between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the High Plains Library District, Attn: Gail
Craig, 1939 61st Avenue, Greeley, Colorado 80634, commencing June 1, 2008,with further terms
and conditions being as stated in said agreement; said property being located in the southern
portion of Lot 1, Block 4, Maplewood Subdivision Filing No. 1, Town of Frederick, Colorado, 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 Termination of Lease and Purchase of Buildings between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the High Plains Library District 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 23rd day of June, A.D., 2008, nunc pro tunc June 1, 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �G"""�7 J', , L G�
f°5 William H. Jerke, Chair
Weld County Clerk to t ,,
EXCUSED
Robert D. Masden, Pro-Tem
BY: / 7L7 /Q, 2„_22 -�
eputy Clerk the Boar -41}
W' is F. Garcia
ran A RM: evLA o�
�J
David E. Long Y
ou ttorney
Douglas ademache
Date of signature: 0/2017
2008-1766
PR0030
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AGREEMENT FOR TERMINATION OF LEASE AND PURCHASE OF BUILDINGS
THIS AGREEMENT is made this 23rd day of June, 2008, by and between the HIGH
PLAINS LIBRARY DISTRICT, formerly known as the WELD LIBRARY DISTRICT, a library
district organized pursuant to the laws of the STATE OF COLORADO, whose address is1939 61st
Avenue,Greeley,Colorado 80634, hereinafter referred to as"Library District',and THE COUNTY
OF WELD, a political subdivision of the STATE OF COLORADO,by and through the BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF WELD, whose address is 915 10th Street,
Greeley, Colorado 80631, hereinafter referred to as "County".
WITNESSETH
WHEREAS, Library District and County have been parties to a lease Agreement wherein
Library District owned a library building located on land which was owned by County, and which
was described as: A tract of land being 60 feet by 24 feet and located in the southern portion of Lot
1, Block 4, Maplewood Subdivision Filing No. 1, Town of Frederick, Colorado, according to the
recorded plat thereof,including the parking lot located immediately east of said library building and
the walkways leading thereto, and after a Re-Plat by the Town of Frederick, is now described as:
FRE 2MS1-8 L8 BLK1 MAPLEWOOD SUB FILING#2,Frederick,Colorado, hereinafter referred
to as "Demised Premises," and
WHEREAS, Library District was entitled to lease the above-described Demised Premises
for One Dollar($1.00)per year,for a term commencing June 18,2001,until December 31,2020,and
WHEREAS, under the terms of said lease County could cancel said lease at any time, sixty
(60) days after Library District provided County with a written notice of its decision to cease using
the Demised Premises as a library, and
WHEREAS, Library District has provided County with a Notice on March 1, 2008,
indicating that effective June 1,2008,the Demised Premises will no longer be used as a library,and
WHEREAS,under the trims of the prior Agreement of the parties, County was given a first
right of refusal to purchase the building at the appraised price of the building at the time of the
cancellation of the lease, and
WHEREAS, Library District has erected two (2) sheds on the property, so that at this time
there is one library building and two sheds belonging to Library District on the Demised Premises,
and
WHEREAS, the appraised value of the building, and two sheds is Eighty Thousand and
no/100 Dollars ($80,000.00), and
Mil 11111 111111 111111 III DTI III III 11111 Illl I'll
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WHEREAS, County wishes to terminate the lease and to exercise its right of first refusal to
purchase the library building and two sheds from Library District for Eighty Thousand and no/100
Dollars ($80,000.00) on June 1, 2008.
NOW, THEREFORE, the parties herein agree as follows:
1. The Lease Agreement of the parties which was entered into on June 18, 2001, is
hereby terminated effective June 1, 2008.
2. Library District shall have vacated the premises on or before June 1, 2008.
3. County shall purchase the building and two sheds on the Demised Premises for the
appraised value of Eighty Thousand and no/100 dollars ($80,000.00), and Library
District agrees to execute a Quit Claim Deed and a Bill of Sale,transferring whatever
interest Library District may have in and to the property and buildings being
purchased by County.
4. Library District agrees to leave the premises in good order, and to pay all utilities
through June 1, 2008.
5. 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, and the parties agree that neither is relying on any
promise or representation that is different from the terms herein contained.
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 hereto have caused this Agreement to be subscribed
and attested to this23rdday of June, 2008.
ATTEST: , > ( / , ! ` OUNTY:
1861 4O
c-49
G y� `-49 � - 1 �Ji4��� �►I
BY: ti r�1 5
Deputy Clerk to the B i!y w 'COUNTY OF WELD, COLORADO
THROUGH THE BOARD OF COUNTY
HIGH PLAINS COMMISSIONERS OF THE COUNTY
LIBRARY DISTRICT OF WELD
------ By: "A2-4
Bnal Larson, resident William H. Jerke, Chair
JUN ?_ 32008
1 DII11111111111IIIIII III HMI IIIII IIII III
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QUIT CLAIM DEED
THIS DEED is made thisl6thday of June, 2008, between HIGH PLAINS LIBRARY
DISTRICT, formerly known as the WELD LIBRARY DISTRICT, a library district organized
pursuant to the laws of the STATE OF COLORADO,whose address is 1939 61st Avenue,Greeley,
Colorado 80634, Seller, and THE COUNTY OF WELD, a political subdivision of the STATE OF
COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WELD, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as
Buyer.
WITNESSETH, that the party of the first part (Seller), for and in consideration of the
sum of Eighty Thousand and no/100 Dollars ($80,000.00), and other good and valuable
consideration, 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 party of the second part (Buyer), its heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the said party of the first part
(Seller) has in and to the following described lot, 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, together with all buildings,
sheds and other fixtures found thereon;
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 parties of the second part, their 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, HIGH PLAINS LIBRARY DISTRICT, formerly known as
the WELD LIBRARY DISTRICT, by Brian Larson, President, City of Greeley, Colorado, has
hereunto set my hand this 16th day of June, 2008, for the uses and purposes therein set forth.
HIGH PLAINS LIBRARY DISTRICT
nt --
High Plains- ibrary trio.
Brian Larson, President
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STATE OF COLORADO )
) ss.
County of /fide"
Tie foregoing instrument was acknowledged before me this //OW) day of June, 2008, by
F tr.a r c rso r\ , President, High Plains Library District, of the City of Greeley, Colorado.
Witness my hand and official seal this&(pNayyoof O nom— _
My commission expires: )116L2,<_4.,,,23,OO/1 ';�, .
•
111111111111111111111111 III 11111111111M113111111
11111 111111
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EXHIBIT A
Lot 1,Block 4,Maplewood Subdivision Filing No. 1,Town of Frederick,Colorado,according to the
recorded plat thereof, and after a Re-Plat by the Town of Frederick in 1993, is now described as:
FRE 2MS1-8 L8 BLK1 MAPLEWOOD SUB FILING #2, Town of Frederick, Colorado,
111111 11111 111111 111111 III 111111 111111 111 11111 IIII IIII
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BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that the HIGH PLAINS LIBRARY
DISTRICT formerly known as the WELD LIBRARY DISTRICT, a library district organized
pursuant to the laws of the STATE OF COLORADO, hereinafter referred to as"Library District",
party of the first part, for and in consideration of the sum of Eighty Thousand and no/100 Dollars in
hand paid by THE COUNTY OF WELD,a political subdivision of the STATE OF COLORADO,by
and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,
hereinafter referred to as "County", party of the second part ,has bargained and sold, and by these
presents does grant and convey unto the said party of the second part, its executors, administrators,
successors or assigns, the following property, goods and chattels, to wit:
One building, consisting of two modular structures and two sheds together with all permanent
fixtures, and all contents including furniture and all items of personal property present in said
structures on June 1, 2008.
TO HAVE AND TO HOLD the same unto the said party of the second part,its executors,
administrators, successors or assigns, forever. And the said party of the first part, for its heirs,
executors, administrators, successors or assigns, covenants and agrees to and with the said party of
the second part, and its executors, administrators, successors or assigns, to WARRANT and
DEFEND the sale of said property,goods and chattels,hereby made unto the said party of the second
part, its executors, administrators, successors or assigns against all and every person or persons
whomsoever.
IN WITNESS WHEREOF,The party of the first part has hereunto set its hand and seal this
16th day ofJune, 2008.
Larson , President
High Plains Library District
STATE OF COLORADO )
County of Weld ) ss.
.8
Th foregoing instrument was acknowledged before me this /1,01± day of- 2008, by
,Sr-tarp Corse , President, High Plains Libr ry dis rict.
Witness my hand and official seal this /(o/11 day o , .D., 2008. ' " `'",h,,,,
'' '..r.,
-,A ,
My commission expires: riktie Ci.2 93, 0?Di
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11111111111111111111111 III 111111111111 III 11111 Ell IIII
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Janine Reid
From: Don Warden [dwarden@co.weld.co.us]
Sent: Thursday, June 12, 2008 8:41 AM
To: Janine Reid
Cc: Pat Persichino; Toby Taylor
Subject: RE: Carbon Valley Library transfer
Sorry for the late reply. For some reason I did not get my Monday emails until today due
to an internet problem.
Bill Jerke can not be at the meeting, so if you get them signed at your end and then send
them to me we will have Bill sign them and then send you the check.
I will have our Building and Grounds people arrange to transfer the utilities prior to
June 16th, so they are taken care of ASAP. I do not think we need to change the agreement
regarding the date for the utility change, we will just do it.
Hope this is all okay with you.
Thanks, Don
Original Message
From: Janine Reid [mailto:JReid@weld. lib.co.us]
Sent: Monday, June 09, 2008 2: 11 PM
To: Don Warden
Subject: RE: Carbon Valley Library transfer
Two more things - would you like to conduct the closing right on at the Board meeting,
June 16, with Bill Jerke and Brian Larson signing the documents and exchanging $$$? If
so, I 'll send you the Board meeting agenda.
The other item is the document says High Plains Library District will pay utilities until
June 1 . You might want to change that to "the date of transfer" or June 16.
Janine Reid, Executive Director
High Plains Library District
1939 61st Avenue
Greeley, CO 80634
(970) 506-8563; (970) 506-8551 (fax)
www.MyLibrary.us
Original Message
From: Don Warden [mailto:dwarden@co.weld.co.us]
Sent: Monday, June 09, 2008 11:29 AM
To: Janine Reid
Cc: Stephanie Arries
Subject : RE: Carbon Valley Library transfer
Stephanie Arries will send you a corrected copy. Thanks, Don
Original Message
From: Janine Reid [mailto:JReid@weld. lib.co.us]
Sent: Monday, June 09, 2008 11: 19 AM
To: Don Warden
Subject : FW: Carbon Valley Library transfer
Hi, Don. We were just doing a final review of documents and see there is a typo on the
Quit Claim Deed. There is an error in the Quit Claim Deed in the second paragraph, where
the sale price should say "Eighty"
rather than "Eight". Would you like to reissue that page, or should we just write in the
1
Janine Reid
From: Jackie Johnson Ujohnson@wobjlaw.com]
Sent: Thursday, May 29, 2008 11:35 AM
To: Janine Reid
Subject: RE: Carbon Valley Library transfer
I have reviewed the Agreement for Termination of Lease and Purchase of Building, the Quit
Claim Deed and the Bill of Sale. There is an error in the Quit Claim Deed in the second
paragraph, where the sale price should say "Eighty" rather than "Eight". Otherwise, I
think the documents are OK. What is the arrangement for closing this transaction?
Usually, the documents are signed simultaneously with the exchange of money.
Original Message
From: Janine Reid [mailto:JReid@weld. lib.co.us]
Sent: Wednesday, May 21, 2008 3:31 PM
To: Jackie Johnson
Subject: Carbon Valley Library transfer
Here are the documents prepared by Weld County to transfer the Carbon Valley Library
building in Frederick to Weld County. Thanks for your review.
The next regular meeting of the High Plains Library District Board of Trustees will be
Monday, June 16.
Janine Reid, Executive Director
High Plains Library District
1939 61st Avenue
Greeley, CO 80634
(970) 506-8563; (970) 506-8551 (fax)
www.MyLibrary.us
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