HomeMy WebLinkAbout20080714.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE
CHAIR TO SIGN - MANUEL ROMERO AND ROSALIE PISANO
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 Purchase of Real
Property between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Manuel Romero and Rosalie Pisano, with terms and
conditions being as stated in said agreement, for the purchase of properties described as:
A portion of Lot 8 and the W1/2 of Lot
9, Block 14, of Clayton's Second
Subdivision, in the City of Greeley,
Weld County, Colorado.
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 Purchase of Real Property between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Manuel Romero and Rosalie Pisano be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2008-0714
PR0030
(10 : 1;)/S-gx/17 0`74/08.
AGREEMENT FOR PURCHASE OF REAL PROPERTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/i ./ 4 WELD COUNTY, COLORADO
r c--
ATTEST:
Jerke, Chair
Weld County Clerk to the Board .
VV-1) q sden, Pro-Tern
Deputy erk to the Board /I Nitila . Garcia
David E. Long
ounty Attorney
ougla Rademach r
Date of signature:
S
2008-0714
PR0030
3-17 AGREEMENT FOR PURCHASE OF REAL PROPERTY
/13-AL 2008
1. PARTIES AND PROPERTY: 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 915 10thStreet, Greeley, Colorado 80631,Buyer,hereby agrees to buy, and the
Sellers, Aputi J. Romero and Rosalie Pisano, whose address is 503 10th Street, Greeley;'
Colorado-n6 1, agree to sell, on the terms and conditions set forth in this agreement
("Agreement"), the real estate described as: The East 45 feet of Lot 8, and the West Half
(E'h) of Lot 9, Block 14, Clayton's Second, a subdivision of the City of Greeley, County
of Weld, State of Colorado, together with all interest of Sellers in vacated streets and
alleys adjacent thereto, all easements and other appurtenances thereto, all improvements
thereon and all attached fixtures thereon, except as herein excluded(collectively
described herein as "the Property").
2. PURCHASE PRICE AND TERMS: The purchase price shall be Sixty-five Thousand
Dollars and no/100 ($65,000.00),payable in U.S. dollars to Sellers by Buyer on the date
of closing.
3. NOT ASSIGNABLE: This Agreement shall not be assignable by Buyer without Sellers'
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. CONDITION PRECEDENT TO PURCHASE: A condition precedent to the purchase of
the Property by Buyer shall be it having under contract to purchase three properties
adjacent to the Property, specifically being the properties located at 122 and 126 North
12± Avenue, and 1107 Pt Street, Greeley, Colorado.
5. EVIDENCE OF TITLE: On or before March 25, 2008 (the"Title Deadline"), Buyer
shall obtain, at its sole expense, a current commitment for an owner's title insurance
policy from a title insurance company selected by Buyer (the"Title Company") in an
amount equal to the purchase price(the"Title Commitment") together with copies of all
instruments or documents listed in the title Commitment as exceptions to the title
("Exceptions"). It shall be a condition precedent to Buyer's obligation to consummate
and close the transaction contemplated by this Agreement that the Title Company be
unconditionally and irrevocably committed, upon the closing, to issue the title insurance
policy described in the Title Commitment, subject only to those Exceptions that are of
record. In the event the Title Company is not so unconditionally and irrevocably
committed to issue such policy upon the closing, then Buyer shall not be obligated to
close the transaction and may terminate this Agreement.
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Seller(s) („I
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6. TITLE:
(a) Title Review: Buyer shall have the right to inspect the Title Documents. Written
notice by Buyer of unmerchantability of title or of any other unsatisfactory title
condition shown by the Title Documents shall be signed by or on behalf of Buyer and
given to Sellers on or before thirty(30) calendar days after Title Deadline and receipt of
all instruments and documents listed as Exceptions, or within five (5) calendar days after
receipt by Buyer of any new Title Documents not shown on the Title Commitment or
endorsement(s) adding new Exception(s)to the title commitment together with a copy of
the Title Document adding new Exception(s) to title. If Sellers do not receive Buyer's
notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by
the Title Documents as satisfactory.
(b) Matters Not Shown by the Public Records: Sellers shall deliver to Buyer, on or
before the Title Deadline set forth in Section 4, herein, true copies of all lease(s)
and survey(s) in Sellers' possession pertaining to the Property and shall disclose to Buyer
all easements, liens or other title matters not shown by the public records of which Sellers
have actual knowledge. Buyer, or any designee, shall have the right to inspect the
Property to determine if any third party(s)has any right in the Property not shown by the
public records (such as an unrecorded easements,unrecorded leases, or boundary line
discrepancies). Written notice of any unsatisfactory condition(s) disclosed by Sellers or
revealed by such inspection shall be signed by or on behalf of Buyer and given to Sellers
no later than thirty(30) calendar days after the Title Deadline. After such date required
for notification and until closing, (i) Sellers shall immediately disclose to Buyer the
existence of any easements, liens, or other title matters not previously disclosed to Buyer
and of which Sellers become aware, and (ii) Buyer shall have an ongoing right to inspect
the Property to determine the existence of any potential or actual third-party rights in or
claims to the Property which may arise after such date. In the event Sellers notify Buyer
of any new condition pursuant to subparagraph (i) above, which condition is
unsatisfactory to Buyer as determined in Buyer's sole and absolute discretion, or Buyer
discovers any unsatisfactory condition as determined in Buyer's sole and absolute
discretion not reasonably discoverable in Buyer's prior inspection or inspections of the
Property, Buyer shall notify Sellers of such unsatisfactory condition within five (5)
business days after the date of Buyer's receipt of Sellers' notice or Buyer's inspection, as
the case may be. If Sellers do not receive Buyer's notice by said date, Buyer accepts title
subject to such rights, if any, of third parties of which Buyer has actual knowledge.
(c) Right to Cure: If Sellers receive notice of unmerchantability of title or any other
unsatisfactory title condition(s) as provided in Subsection (a) or(b) above, Sellers
shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date
of closing. If Sellers fail to correct said unsatisfactory title condition(s) on or before the
date of closing, this Agreement shall then terminate; provided, however, Buyer may, by
Buyer(s) Page 2 of 6 Pages
Seller(s)/11,e
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written notice received by Sellers, on or before closing, waive objection to said
unsatisfactory title condition(s).
7. INSPECTION: Upon request by Buyer, Sellers shall provide to Buyer a Sellers'
Property Disclosure form completed by Sellers to the best of Sellers' current actual
knowledge. Buyer or its designee shall have the right to have inspection(s) of the
physical condition of the Property and Inclusions, at Buyer's expense. If written notice of
any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Sellers
on or before March 25, 2008, ("Objection Deadline"), the physical condition of the
Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is
received by Sellers as set forth above, and if Buyer and Sellers have not agreed, in
writing, to a settlement thereof on or before March 28, 2008, ("Resolution Deadline"),
this Agreement shall terminate three (3) calendar days following the Resolution
Deadline; unless, within the three(3) calendar days, Sellers receive written notice from
Buyer waiving objection to any unsatisfactory condition. Buyer 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 the
Buyer. Buyer shall be responsible for and pay any and all damages,resulting from
Buyer's inspection of the Property, and in the event Buyer shall fail to complete the
purchase of the Property, Buyer shall return the Property to the Sellers in substantially the
condition the Property was in prior to the Buyer's inspection. Buyer agrees to provide the
Sellers with a copy of any and all inspections within five (5) days of the receipt of any
reports by the Buyer. The provisions of this paragraph shall survive the closing.
8. DATE OF CLOSING: The date of closing("Closing Date") shall be April 3, 2008,
or by mutual agreement at an earlier date. The hour and place of closing shall be
designated by Sellers and Buyer.
9. TRANSFER OF TITLE: Subject to tender or payment at closing as required herein and
compliance by Buyer with the other terms and provisions hereof, Sellers shall
execute and deliver a good and sufficient warranty deed to Buyer, on the Closing Date,
conveying the Property free and clear of all encumbrances of record and taxes, except the
general taxes for the year of closing.
10. PAYMENT OF ENCUMBRANCES: Any encumbrance required to be paid, including,
but not limited to, all property taxes for tax year 2008 and all previous taxes years,
and any special assessments, shall be paid at or before the Closing Date from the proceeds
of this action or from any other source.
11. CLOSING COSTS, DOCUMENTS AND SERVICES: Buyer and Sellers shall pay
their respective closing costs and all other items required to be paid at closing,
except as otherwise provided herein. Buyer and Sellers shall sign and complete all
Buyer(s) 4,9"././ Page 3 of 6 Pages
Seller(s)‘,�
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customary or required documents at or before closing.
12. PROBATIONS: General taxes for the year of closing,based on the taxes for the
calendar year immediately preceding closing, rents, water and sewer charges,
owner's association dues, and interest on continuing loan(s), if any.
No other shall be prorated to the Closing Date.
13. POSSESSION: Buyer shall be entitled to possession of the Property upon closing.
Subsequent to the date of this Agreement and prior to the closing,buyer, its agents
and employees shall be entitled to enter upon the Property for the purpose of making
inspections thereof.
14. CONDITION AND DAMAGE TO PROPERTY: The Property shall be delivered in
its improved condition. In the event the Property shall be damaged by fire or
other casualty prior to time of closing, in an amount of not more than ten percent of the
total purchase price, Sellers shall be obligated to repair the same before the date of
closing. In the event such damage is not repaired within said time or if the damages
exceed such sum, this Agreement may be terminated at the option of Buyer. Should
Buyer elect to carry out this Agreement despite such damage, Buyer shall be entitled to
credit for all the insurance proceeds resulting from such damage to the Property, not
exceeding,however, the total purchase price.
15. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any note or
check received as earnest money hereunder or any other payment due hereunder is
not paid, honored or tendered when due, or if any other obligation hereunder is not
performed or waived as herein provided, there shall be the following remedies:
(a) IF BUYER IS IN DEFAULT: Sellers may elect to treat this Agreement as
canceled, in which case all payments and things of value received hereunder shall
be forfeited and retained on behalf of Sellers, and Sellers may recover such
damages as may be proper, or Sellers may elect to treat this Agreement as being in
full force and effect and Sellers shall have the right to specific performance or
damages, or both.
(b) IF SELLERS ARE IN DEFAULT: Buyer may elect to treat this Agreement as
canceled, in which case all payments and things of value received hereunder shall
be returned and Buyer may recover such damages as may be proper, or Buyer may
elect to treat this Agreement as being in full force and effect and Buyer shall have
the right to specific performance or damages, or both.
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Seller(s)$_ (1:)
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(c) COSTS AND EXPENSES: Anything to the contrary herein notwithstanding, in
the event of any litigation arising out of this Agreement the court shall award to
the prevailing party all reasonable costs and expenses, including attorney fees.
16. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Buyer
and Sellers acknowledge that they have been advised that this document has
important legal consequences and has recommended the examination of title and
consultation with legal and tax or other counsel before signing this Agreement.
17. NOTICE TO BUYER: Any notice to Buyer shall be effective when received by Buyer.
18. NOTICE TO SELLERS: Any notice to Sellers shall be effective when received by
Sellers.
19. 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 the parties.
20. 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.
21. NOTICE OF ACCEPTANCE: COUNTERPARTS: This proposal shall expire unless
accepted in writing, by Buyer and Sellers, as evidenced by their signatures below,
and the offering party receives notice of such acceptance on or before February 15, 2008
("Acceptance Deadline"). If accepted, this document shall become a Agreement between
Sellers and Buyer. A copy of this document may be executed by each party, separately,
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.
22. 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
Buyer(s) 44"4" Page 5 of 6 Pages
Sellers)4
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•
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.
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.
SELLERS:
,7 r, ro,
Manua J. Rom
Subscribed and sworn to before me this 13 day of tbrot vu , 2008.
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Subscribed and swo • before me thid > day of ( c hr cur t , 2008.
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Buyer(s) ELI Page 6 of 6 Pages
Seller(s)
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1.
ATTEST: / /79 E lls OARD OF COUNTY COMMISSIONERS
WELD COUNTY,
TE OF COLORADO
1
By: 742,27 By -71—:-
Deput lerk to the Board N William H. Jerke, Chairman
MAR 0 3 2008
Buyer(s) '11 Page 7 of 6 Pages
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