HomeMy WebLinkAbout20073494.tiff RESOLUTION
RE: APPROVE AUTHORIZATION OF SALE OF WELD COUNTY PROPERTY AND
EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT AND AUTHORIZE CHAIR TO SIGN-
MB HEPP REALTY, LLC/ELIZABETH MARTIN
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 a request for Authorization of the Sale of
Weld County Property and to enter into an Exclusive Right-to-Sell Listing Contract for the property
located at 330 Park Avenue, Fort Lupton, Colorado 80621, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Finance and Administration, and MB Hepp Realty, LLC/Elizabeth Martin,
commencing November 1, 2007, and ending November 3, 2008,with further terms and conditions
being as stated in said Authorization of Sale of Weld County Property and Exclusive Right-to-Sell
Listing Contract, and
WHEREAS, after review, the Board deems it advisable to approve said Authorization of
Sale of Weld County Property and Exclusive Right-to-Sell Listing Contract, 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 Authorization of Sale of Weld County Property and Entering Exclusive
Right-to-Sell Listing Contract between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Finance and
Administration, and MB Hepp Realty, LLC/Elizabeth Martin, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Authorization of Sale of Weld County Property and Exclusive Right-to-Sell Listing
Contract.
2007-3494
PR0029
/9/:4'7
AUTHORIZATION OF SALE OF WELD COUNTY PROPERTY AND ENTERING EXCLUSIVE
RIGHT-TO-SELL LISTING CONTRACT- MB HEPP REALTY, LLC/ELIZABETH MARTIN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of November, A.D., 2007, nunc pro tunc November 1, 2007.
BOARD OF COUNTY COMMISSIONERS
_ WEOUNTY, C(�O DO
� 'rc
ATTEST: zA /N// c J111 l
1361 (_ vid E. Long, Chair
Weld County Clerk to the an
- . ���
illiam Jer�ce( r�-Tern
BY: OYA4 Van �77e9*
J (/ eDe ythe Board C/U
William F. Garcia
APF'ROVEDtar RM: EXCUSED
Robert D. Masden
ounty Attorney ,,,., aer---
Douglas ademache
Date of signature: 171'1107
2007-3494
PR0029
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973 Page 1 OF 8
THIS IS A BINDING CONTRACT. THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE
PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
Compensation charged by real estate brokerage firms is not set by law. Such charges are established by each real estate brokerage firm.
DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE
BUYER AGENCY,SELLER AGENCY OR TRANSACTION-BROKERAGE.
EXCLUSIVE RIGHT-TO-SELL
Hepp Realty, LLC LISTING CONTRACT
2149 E. Bridge Street
Brighton,Colorado 80601-2551 (ALL TYPES OF PROPERTIES)
Office (303) 654-1900
Fax (303) 659-8890 X SELLER AGENCY
® Q TRANSACTION-BROKERAGE
Date: Thursday,November 1, 2007
1.AGREEMENT. Seller and Brokerage Finn enter into this exclusive,irrevocable contract as of the date set forth above.
2.BROKER AND BROKERAGE FIRM.
X a. Multiple-Person Finn. If this box is checked,the individual designated by Brokerage Firm to serve as the broker of
Seller and to perform the services for Seller required by this contract is called Broker. If more than one individual is so designated,
then references in this contract to Broker shall include all persons so designated,including substitute or additional brokers.The brokerage
relationship exists only with Broker and does not extend to the employing broker,Brokerage Firm or to any other brokers employed or
engaged by Brokerage Firm who are not so designated.
b. One-Person Finn. If this box is checked,Broker is a real estate brokerage firm with only one licensed natural person.
References in this contract to Broker or Brokerage Finn mean both the licensed natural person and brokerage firm who shall serve as
the broker of Seller and perform the services for Seller required by this contract.
3.DEFINED TERMS.
a.Seller:
Weld County
b.Brokerage Firm: HEPP REALTY, LLC
c.Broker: Elizabeth A. Martin, GRI
d.Property. The Property is the following legally described real estate in the County of WELD ,Colorado:
FTL 15302 L17-18-19-20 BLK19 SITUS:330 PARK AV FORT LUPTON 80621
known as No. 330 Park Avenue Fort Lupton COLORADO 80621
Street Address City State Zip
together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,and all interest of Seller
in vacated streets and alleys adjacent thereto,except as herein excluded.
e.Sale. A Sale is the voluntary transfer or exchange of any interest in the Property or the voluntary creation of the obligation to convey any
interest in the Property,including a contract or lease.It also includes an agreement to transfer any ownership interest in an entity which
owns the Property.
f.Listing Period. The Listing Period of this contract shall begin on Thursday,November 1, 2007 ,and shall
continue through the earlier of(1)completion of the Sale of the Property or(2) Monday,November 3,2008
Broker shall continue to assist in the completion of any transaction for which compensation is payable to Brokerage Firm under§16 of
this contract.
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(LC50-10-06)
(Mandatory 1-07)
Brokers Initials Sellers Initials: W L 1' 0798 0730414560026
Hepp Realty, LLC 2:12 PFYP 1 / /2007 oescontracts 01993-2006Qes.lno.haco-795-7159
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973 Page 2 OF 8
g.Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation"N/A"or the word
"Deleted"means not applicable. The abbreviation"MEC"(mutual execution of this contract)means the latest date upon which the parties
have signed this contract.
4.BROKERAGE SERVICES AND DUTIES. Brokerage Firm,acting through Broker,shall provide brokerage services to Seller. Broker,acting
as either a Transaction-Broker or a Seller's Agent,shall perform the following Unifonn Duties when working with Seller:
a.Broker shall exercise reasonable skill and care for Seller,including,but not limited to the following:
(1)Performing the terms of any written or oral agreement with Seller;
(2)Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a contract for Sale;
(3)Disclosing to Seller adverse material facts actually known by Broker;
(4)Advising Seller regarding the transaction and to obtain expert advice as to material matters about which Broker knows but the
specifics of which are beyond the expertise of Broker;
(5)Accounting in a timely manner for all money and property received;and
(6)Keeping Seller fully informed regarding the transaction.
b.Broker shall NOT disclose the following information without the informed consent of Seller:
(1)That Seller is willing to accept less than the asking price for the Property;
(2)What the motivating factors are for Seller to sell the Property;
(3)That Seller will agree to financing terms other than those offered;
(4)Any material information about Seller unless disclosure is required by law or failure to disclose such information would
constitute fraud or dishonest dealing;or
(5)Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property.
c. Seller consents to Broker's disclosure of Seller's confidential information to the supervising broker or designee for the purpose
of proper supervision,provided such supervising broker or designee shall not further disclose such information without consent of
Seller,or use such information to the detriment of Seller.
d. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may show alternative properties
not owned by Seller to other prospective buyers and list competing properties for sale.
e. Broker shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a contract for Sale.
f Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and has no duty to independently
verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker has no duty to conduct an independent
investigation of a buyer's financial condition or to verify the accuracy or completeness of any statement made by a buyer.
g. Seller shall not be liable for the acts of Broker unless such acts are approved,directed or ratified by Seller.
6.ADDITIONAL DUTIES OF SELLER'S AGENT. If the Seller Agency box at the top of page 1 is checked,Broker is a limited agent of Seller
(Sellers Agent),with the following additional duties:
a. Promoting the interests of Seller with the utmost good faith,loyalty and fidelity.
b. Seeking a price and terms that are acceptable to Seller.
c. Counseling Seller as to any material benefits or risks of a transaction that are actually known by Broker.
6.BROKERAGE RELATIONSHIP.
a. If the Seller Agency box at the top of page 1 is checked,Broker shall represent Seller as a Seller's Agent. If the Transaction-Brokerage
box at the top of page 1 is checked,Broker shall act as a Transaction-Broker.
b. In-Company Transaction-Different Brokers. When Seller and buyer in a transaction are working with different brokers,those brokers
continue to conduct themselves consistent with the brokerage relationships they have established. Seller acknowledges that Brokerage
Firm is allowed to offer and pay compensation to brokers within Brokerage Firm working with a buyer.
c. In-Company Transaction-One Broker. If Seller and buyer are both working with the same broker,Broker shall function as:
(1)SELLER'S AGENT. If the Seller Agency box at the top of page 1 is checked,the parties agree the following applies:
Check One Box Only
(a) Seller Agency. If this box is checked,Broker shall represent Seller as Sellers Agent and shall treat the buyer as a customer.
A customer is a party to a transaction with whom Broker has no brokerage relationship. Broker shall disclose to such customer
Broker's relationship with Seller.
X (b) Seller Agency Unless Brokerage Relationship with Both. If this box is checked,Broker shall represent Seller as Sellers
Agent and shall treat the buyer as a customer,unless Broker currently has or enters into an agency or Transaction-Brokerage
relationship with the buyer,in which case Broker shall act as a Transaction-Broker,performing the duties described in§4 and
facilitating sales transactions without being an advocate or agent for either party.
(2)TRANSACTION-BROKER. If the Transaction-Brokerage box at the top of page 1 is checked,or in the event neither box is checked,
Broker shall work with Seller as a Transaction-Broker. If Seller and buyer are working with the same broker,Broker shall continue to
function as a Transaction-Broker.
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(LC50-10-06)
(Mandatory 1-07)
Broker's Initials ® L� Sellers Initials: , 0798 0730414580028
Hepp Realty, LLC
2:12 PM 11172007 Qescontracbs 01993-2008 Cles,Inc.1-800-795.7759
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973 Page 3 OF 8
7. SELLER'S OBLIGATIONS TO BROKER.
a. Negotiations and Communication.Seller agrees to conduct all negotiations for the Sale of the Property only through Broker,and to refer
to Broker all communications received in any form from real estate brokers,prospective buyers,tenants or any other source during the
Listing Period of this contract.
b. No Existing Listing Agreement.Seller represents that Seller Is X Is Not currently a party to any listing agreement with
any other broker to sell the Property.
c. Ownership of Material and Consent. Seller represents that all material(including all photographs,renderings,images or other
creative items)supplied to Broker by or on behalf of Seller are owned by Seller,except as Seller has disclosed in writing to Broker.
Seller is authorized to and grants to Broker,Brokerage Firm and any multiple listing service(that Broker submits the Property to)a
nonexclusive irrevocable,royalty-free license to use such material for marketing of the Property,reporting as required and the publishing,
display and reproduction of such material,compilation and data.This license shall survive the termination of this contract.
d. Residential Foreclosure Disclosure and Consent. If the Rupeely is residential,is in foreclosure,and Buyer will not live in the Property
for at least 1 year,the terms of the Foreclosure Protection Act(Ad)may apply. Upon Seller becoming aware that the Property is in
foreclosure,Seller must notify Listing Broker of such fact. The Act requires that special provisions must be included in the Contract to Buy
and Sell Real Estate. Therefore,if the Act applies,Seller agrees,unless Seller and buyer enter into the Foreclosure Property Addendum
concurrent with the Contract to Buy and Sell Real Estate,Broker is not obligated to prepare any contract for the sale of the Property and Seller
will employ and pay for an attorney to prepare such contract. Seller also consents that Broker is authorized to disclose to other brokers and
prospective buyers that the Property is in foreclosure. Broker Is X Is Not authorized to disclose,in any multiple listing
service in which the Property is submitted,that the Property is in foreclosure.
8.PRICE AND TERMS.
a.Price. U.S.$ $355,000.00
b.Terms. X Cash X Conventional X FHA X VA Other:
e.Loan Discount Points.
*'N0T APPLICABLE**
d.Buyer's Closing Costs(FHA/VA). Seller shall pay closing costs and fees,not to exceed$ 3500 ,that Buyer is not allowed
by law to pay,for tax service and
**NOT APPLICABLE**
e.Earnest Money. Minimum amount of earnest money deposit U.S.$ $3,000.00 in the form of
PERSONAL CHECK
f.Seller Proceeds. Seller will receive net proceeds of closing as indicated:
X Cashier's Check at Sellers expense;
Funds Electronically Transferred(Wire Transfer)to an account specified by Seller,at Sellers expense;or
Closing Company's Trust Account Check.
g.Advisory-Tax Withholding.The Internal Revenue Service and the Colorado Department of Revenue may require closing company
to withhold a substantial portion of the proceeds of this Sale when Seller either(1)is a foreign person or(2)will not be a Colorado
resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists.
9.DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by Broker pursuant to a proposed Sale contract.
Brokerage Firm is authorized to deliver the earnest money deposit to the closing agent,if any,at or before the closing of the Sale contract.
10.INCLUSIONS AND EXCLUSIONS.
a.Inclusions The Purchase Price includes the following items(Inclusions):
(1)Fixtures.If attached to the Property on the date of this contract,lighting,heating,plumbing,ventilating,and air conditioning
fixtures,TV antennas,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,
built-in kitchen appliances,sprinkler systems and controls,built-in vacuum systems(including accessories),garage door openers
including 0 remote controls;and
--NONE OTHER--
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(LC50.10-06)
p (Mandatory 1-07)
Brokers Initials: /Al _ Sellers Initials: Q L j_ 0798 0730414560026
Hepp Realty, LLC 2:12 PM 1- 11/12007 oesconhxfs 0 1993-2006 Oes,inc.1-ae6795-7759
Prepared by Elizabeth A. Martin, GRI Cell: 303-8594973 Page 4 OF 8
(2) Personal Property.If on the Property whether attached or not on the date of this contract:storm windows,storm doors,window
and porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods,fireplace inserts,fireplace screens,
fireplace grates,heating stoves,storage sheds,and all keys. If checked,the following are included:
Water Softeners Smoke/Fire Detectors Security Systems Satellite Systems
(including satellite dishes);and
--NONE OTHER--
The Personal Property to be conveyed at closing shall be conveyed by Seller,free and clear of all taxes(except personal property
taxes for the year of closing),liens and encumbrances,except
N/A
Conveyance shall be by bill of sale or other applicable legal instrument.
(3)Trade Fixtures. The following trade Endures:
--NONE--
The Trade Fixtures to be conveyed at closing shall be conveyed by Seller,free and clear of all taxes(except personal property taxes for
the year of closing),liens and encumbrances,except
^'1A
Conveyance shall be by bill of sale or other applicable legal instrument.
(4)Parking and Storage Facilities. Use Only X Ownership of the following parking facilities:
**NOT APPLICABLE** '
and Use Only Ownership of the following storage facilities:
* NOT APPLICABLE**
(5)Water Rights. The following legally described water rights:
--NONE--
Any water rights shall be conveyed by **NOT APPLICABLE** deed
or other applicable legal instrument. The Well Permit#is "NOT APPLICABLE**
(6)Growing Crops. The following growing crops:
NOT APPLICABLE
b. Exclusions.The following are excluded:
--NONE--
11.TITLE AND ENCUMBRANCES.Seller represents to Broker that title to the Property is solely in Seller's name.Seller shall deliver to
Broker true copies of all relevant title materials,leases,improvement location certificates and surveys in Seller's possession
and shall disclose to Broker all easements,liens and other encumbrances,if any,on the Property,of which Seller has knowledge.
Seller authorizes the holder of any obligation secured by an encumbrance on the Property to disclose to Broker the amount owing on
said encumbrance and the terms thereof. In case of Sale,Seller agrees to convey,by a GENERAL WARRANTY
deed,only that title Seller has in the Property. Property shall be conveyed free and clear of all taxes,except the general taxes for the
year of closing.
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(LC50-10-06)
(Mandatory 1-07)
Br Initials:Q L L Selle s InitialrjA 0798 0730414560026
Hepp Realty, LLC PM 11/1 osz Comas Oieve-2C0B Ces.Inc.id00.]BSn59
Prepared by Elizabeth A. Martin,GRI Cell: 303-859-4973 Page 5 OF 8
All monetary encumbrances(such as mortgages,deeds of trust,liens,financing statements)shall be paid by Seller and released
except as Seller and buyer may otherwise agree.Existing monetary encumbrances are as follows:
--NONE--
The Property is subject to the following leases and tenancies:
--NONE--
If the Property has been or will be subject to any governmental liens for special improvements installed at the time of signing a Sale
contract,Seller shall be responsible for payment of same,unless otherwise agreed.Brokerage Firm may terminate this contract upon
written notice to Seller that title is not satisfactory to Brokerage Firm.
12.EVIDENCE OF TITLE.Seller agrees to furnish buyer,at Sellers expense,a current commitment and an owners title insurance policy
in an amount equal to the Purchase Price in the form specified in the Sale contract,or if this box is checked,
An Abstract of Title certified to a current date.
13.ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners'association assessment is currently
payable at$ N/A per N/A and that there are no unpaid regular or special accocsments against
the Property except the current regular accecwoents and except
**NONE OTHER** •
Seller agrees to promptly request the owners'association to deliver to buyer before date of closing a current statement of
assessments against the Property.
14.POSSESSION. Possession of the Property shall be delivered to buyer as follows:
UPON TRANSFER OF DEED
,subject to leases and tenancies as described in§11.
16.MATERIAL DEFECTS,DISCLOSURES AND INSPECTION.
a.Brokers'Obligations.Colorado law requires a broker to disclose to any prospective buyer all adverse material facts actually known
by such broker including but not limited to adverse material facts pertaining to the title to the Property and the physical condition of the
Property,any material defects in the Property,and any environmental hazards affecting the Property which are required by law to be
disclosed. These types of disclosures may include such matters as structural defects,soil conditions,violations of health,zoning or
building laws,and nonconforming uses and zoning variances. Seller agrees that any buyer may have the Property and Inclusions
inspected and authorizes Broker to disclose any facts actually known by Broker about the Property.
b.Seller's Obligations.
(1)Seller's Property Disclosure Form. A seller is not required by law to provide a written disclosure of adverse matters regarding
the Property.However,disclosure of known material latent(not obvious)defects is required by law.
Seller X Agrees Does Not Agree to provide a Sellers Property Disclosure form completed to the best
of Sellers current,actual knowledge.
(2)Lead-Based Paint. Unless exempt,if the improvements on the Property include one or more residential dwellings for
which a building permit was issued prior to January 1,1978,a completed Lead-Based Paint Disclosure(Sales)form must be
signed by Seller and the real estate licensees,and given to any potential buyer in a timely manner.
16.COMPENSATION TO BROKERAGE FIRM. Seller agrees that any Brokerage Firm compensation that is conditioned upon the
Sale of the Property shall be earned by Brokerage Firm as set forth herein without any discount or allowance for any efforts made by
Seller or by any other person in connection with the Sale of the Property.
a.Amount. In consideration of the services to be performed by Broker,Seller agrees to pay Brokerage Firm as follows:
(1)Sale Commission.(a) 6.5 %of the gross purchase price in U.S.dollars,or (b)
**NOT APPLICABLE**
(2)Lease Commission.(a) N/A %of the gross rent under the lease in U.S.dollars,or (b)
**NOT APPLICABLE**
b.When Earned. Such commission shall be earned upon the occurrence of any of the following:
(1)Any Sale of the Property within the Listing Period by Seller,by Broker or by any other person;
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(LC50-10-06)
(Mandatory 1-07)
Brokers Initials: Sellers Initials: Qtr L 07980730414560028
Hepp Realty, LLC 2:12 PM 1/1/2007 Qes Contracts 01993-2008 0es.Inc.1.803.795-775k
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973 Page 6 OF e
(2)Broker finding a buyer who is ready,willing and able to complete the transaction as specified herein by Seller;or
(3)Any Sale of the Property within 120 calendar days subsequent to the expiration of the Listing Period(Holdover Period)
to anyone with whom Broker negotiated and whose name was submitted,in writing,to Seller by Broker during the Listing Period
(including any extensions thereof). However,Seller shall owe no commission to Brokerage Firm under this subsection(3)
if a commission is earned by another licensed real estate brokerage firm acting pursuant to an exclusive agreement entered into
during the Holdover Period.
c.When Applicable and Payable.The commission obligation shall apply to a Sale made during the Listing Period or any extension
of such original or extended term.The commission described in subsection 16a(1)shall be payable at the time of the closing of the
Sale as contemplated by subsection 16b(1)or 16b(3),or upon fulfillment of subsection 16b(2)where either the offer made by such buyer
is defeated by Seller or by the refusal or neglect of Seller to consummate the Sale as agreed upon.
d.Lease and Lease Option Commissions.If the transaction consists of a lease or a lease and right to purchase the Property,the
commission relating to the lease shall be as provided in subsection 16a(2),payable as follows:
*•NOT APPLICABLE**
e.Other Compensation.
**NOT APPLICABLE**
17.LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor the Brokerage Firm,except as set forth in§16,shall accept
compensation from any other person or entity in connection with the Property without the written consent of Seller. Additionally,neither
Broker nor Brokerage Finn shall assess or receive mark-ups or other compensation for services performed by any third party or
affiliated business entity unless Seller signs a separate written consent.
18.OTHER BROKERS'ASSISTANCE,MULTIPLE IJSTING SERVICE AND MARKETING. Seller has been advised by Broker of the advantages
and disadvantages of various marketing methods,the use of multiple listing services and various methods of making the Property
accessible by other brokerage firms(e.g.,using lock boxes,by-appointment-only showings,etc.),and whether some methods may
limit the ability of another broker to show the Property. After having been so advised,Seller has chosen the following
(check all that apply):
a.The Property
X Shall Shall Not be submitted to one or more multiple listing services.
X Shall Shall Not be submitted to one or more property information exchanges.
Seller authorizes the use of electronic and all other marketing methods except:
••NOT APPLICABLE••
Seller further authorizes use of the data by multiple listing services and property information exchanges,if any.
Access to the Property by other brokerage firms may be by:
X Lock Box
Other instructions:
••NOT APPLICABLE••
b.Broker shall seek assistance from,and Brokerage Firm offers compensation to,the following brokers outside of Brokerage Finn:
X Buyer Agents: 3.5 %of the gross sales price in U.S.dollars.
X Transaction-Brokers: 3.5 %of the gross sales price in U.S.dollars.
19.FORFEITURE Of PAYMENTS.In the event of a forfeiture of payments made by a buyer,the sums received shall be divided
between Brokerage Firm and Seller,one-half thereof to Brokerage Firm but not to exceed the Brokerage Finn compensation agreed upon
herein,and the balance to Seller. Any forfeiture of payment under this section shall not reduce any Brokerage Firm compensation under
§16.
20.COST OF SERVICES AND REIMBURSEMENT.Unless otherwise agreed upon in writing,Brokerage Firm shall bear all expenses
incurred by Brokerage Firm,if any,to market the Property and to compensate cooperating brokerage firms,if any.Neither Broker nor
Brokerage Firm shall obtain or order any other products or services unless Seller agrees in writing to pay for them promptly when due
(examples:surveys,radon tests,soil tests,title reports,engineering studies). Unless otherwise agreed,neither Broker nor Brokerage
Firm shall be obligated to advance funds for the benefit of Seller in order to complete a closing. Seller shall reimburse Brokerage Firm
for payments made by Brokerage Firm for such products or services authorized by Seller.
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(LC50-10.06)
(Mandatory 1-07)
Brokers Initials: / Seller's Initials: 0 0798 0730414580026
Hepp Realty, LLC 2:12 PM 1 / t2007 oes Contracts 01993-2008 Oes,Inc.14300-795-7759
Prepared by Elizabeth A. Martin,GRI Cell: 303-8594973 Page 7 OF 8
21.MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm shall be responsible for maintenance of the Property
nor shall they be liable for damage of any kind occurring to the Property,unless such damage shall be caused by their negligence or
intentional misconduct.
22.NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective buyer because of the race,
creed,color,sex,marital status,national origin,familial status,physical or mental handicap,religion or ancestry of such person.
23.RECOMMENDATION OF LEGAL AND TAX COUNSEL.By signing this document,Seller acknowledges that Broker has advised that this
document has important legal consequences and has recommended consultation with legal and tax or other counsel before signing this
contract.
24.MEDIATION. If a dispute arises relating to this contract,prior to or after closing,and is not resolved,the parties shall first proceed in
good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to
resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree
before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such
mediation. The mediation,unless otherwise agreed,shall terminate in the event the entire dispute is not resolved within 30 calendar
days of the date written notice requesting mediation is delivered by one party to the other at the partys last known address.
25.ATTORNEY FEES. In the event of any arbitration or litigation relating to this contract,the arbitrator or court shall award to the prevailing
party all reasonable costs and expenses,including attorney and legal fees.
26.ADDITIONAL PROVISIONS.
(The following additional provisions have not been approved by the Colorado Real Estate Commission.)
**NONE OTHER**
27.ATTACHMENTS. The following are a part of this contract:
Closing Instructions(CL 8-10-06);Seller's Property Disclosure(All Types of Properties)(SPD19-10-06);
Square Footage Disclosure(SF 94-5-04)
28. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this contract shall be deemed to inure to the benefit of any person other
than Seller,Broker and Brokerage Firm.
29. NOTICE,DEUVERY AND CHOICE OF LAW.
a.Physical Delivery. Except as provided in§29b below,any notice to the other party to this contract must be in writing,and is effective
upon physical receipt.
b.Electronic Delivery. As an alternative to physical delivery,any signed document and written notice may be delivered in electronic form
by the following indicated methods only:
X Facsimile E-mail No Electronic Delivery.
Documents with original signatures shall be provided upon request of any party.
e.Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws
of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado.
30.MODIFICATION OF THIS LISTING CONTRACT. No subsequent modification of any of the terms of this contract shall be
valid,binding upon the parties,or enforceable unless made in writing and signed by the parties.
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(LC50-10-06)
(Mandatory 1-07)
Broker's Initials'' SelkWs Initials: 13 / L 0798 0730414560026
Hepp Realty, LLC 2:12 PM 11/1/2007 oesContraoo 01993-20ceoes,mo.1-800-705-7759
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973 Page 8 OF 8
31.COUNTERPARTS.If more than one person is named as a Seller herein,this contract may be executed by each Seller,
separately,and when so executed,such copies taken together with one executed by Broker on behalf of Brokerage Firm shall be deemed
to be a full and complete contract between the parties.
32.ENTIRE AGREEMENT.This agreement constitutes the entire contract between the parties,and any prior agreements,whether oral
or written,have been merged and integrated into this contract.
33.COPY OF CONTRACT.Seller acknowledges receipt of a copy of this contract signed by Broker,including all attachments.
Brokerage Firm authorizes Broker to execute this contract on behalf of Brokerage Firm. ,t
Date of signature NOV 1 x 2007 .
Seller: Weld County
Date of signature
Seller:
Seller's Address: 915 10th Street, Greeley, CO, 8.0631,. United States
Sellers Telephone No: 970.356.4000 Seller's Fax No: 970.352.9019 Seller's Email Address: mmika@co.weld.co.us
Brokerage Finn's Name: Broker's Name:
Hepp Realty, LLC Date:
Elizabeth A. Martin,GRI
Address:
2149 E. Bridge Street 2149 E. Bridge Street
Brighton, Colorado 80601-2551 Brighton,Colorado 80601-2551
Phone: (303)654-1900 Phone: Office (303) 654-1900
Fax: (303)( 659-8890// Fax: Fax (303)659-8890
Email: /3eMSRC SAcecaReipkea/trop Email: BethsRedShoes@hepprealty.com
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(LC50-10-06)
(Mandatory 1-07)
Hepp 07980730414569026
Realty, LLC
2:12 PM 11/1/2007 QesConhscts O1993-2000Qes.Inc.1-ae679&T/s9
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973
Hepp Realty, LLC
2149 E. Bridge Street
Brighton, Colorado 80601-2551 SQUARE FOOTAGE
Office (303)654-1900 DISCLOSURE
Fax (303)659-8890
®, Q
This disclosure is made to Buyer and Seller pursuant to the requirements of Colorado Real Estate Commission
and applies to improved residential real estate. Check applicable boxes below.
Property Address:
330 Park Avenue Fort Lupton COLORADO 80621
Street Address City State Zip
1. Licensee Measurement
Listing Licensee Has X Has Not measured the square footage of the residence according to the
following standard,methodology or manner:
Standard/Methodology!Manner Date Measured Square Footage
Exterior measurement -
FHA
ANSI
Local standard
Other
2. Other Source of Measurement
Listing Licensee X Is Is Not providing information on square footage of the residence from
another source(s)as indicated below:
Source of Square Footage Information Date Square Footage
X Prior appraisal (Date of document) 10/122006 7140
Building plans (Date of document)
Assessor's office (Date obtained)
Other - - _-- -----__. _-
Measurement is for the purpose of marketing,may not be exact and is not for loan,valuation or other purpose.
If exact square footage is a concern,the property should be independently measured.
Buyer and Seller are advised to verify this information. Any independent measurement or investigation should be completed on or
before the Inspection Objection Deadline of the contract.
Hepp Realty, LLC Listing Broker
2149 E. Bridge Street By:
Brighton, Colorado 80601-2551 zabe h A. actin,GRI
Telephone No: (303)654-1900 e-mail:
Fax No: (303)659-8890 Date: THURSDAY,NOVEMBER 1,2007
The 7signed acio ge receipt of this disclosure.
NOV 14 2.007
Seller Date Buyer Date
Seller Date Buyer Date
Seller Date Buyer Date
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(SF94-5-04)
0798 0730414560026
Hepp Realty, LLC 2:21 PM 11/12007 Oes Contracts O 1093-2004 Oes,inc.1-900-795-7759
Elizabeth A. Martin, GRI page 1 of 7
THIS FORM HAS IMPORTANT LEGAL
Hepp Realty, LLC CONSEQUENCES AND THE PARTIES SHOULD
2149 E. Bridge Street CONSULT LEGAL AND TAX OR
OTHER COUNSEL BEFORE SIGNING.
Brighton, Colorado 80601-2551
Office (303)654-1900 SELLER'S PROPERTY
Fax (303) 659-8890 DISCLOSURE
(ALL TYPES OF PROPERTIES)
THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER.
Seller states that the information contained in this Disclosure is correct to the best of Seller's CURRENT ACTUAL KNOWLEDGE as of this Date.
Broker may deliver a copy of this Disclosure to prospective buyers.
Note: If an item is not present at the Property insert"N/A°in the Comments column.The Contract to Buy and Sell Real Estate,
not this Disclosure form,detemrines whether an item is included or excluded.
Date: Thursday,November 1, 2007
Property Address:
330 Park Avenue Fort Lupton COLORADO 80621
Seller: (Street Address City State Zip)
Weld County
I. IMPROVEMENTS
n If this box is checked,there are no structures or improvements on the Property;
do not complete Sections A-G.
A. STRUCTURAL CONDITIONS Do Not COMMENTS
To Seller's current actual knowledge,do any of the Yes No
following conditions now exist or have they ever existed: Know
I Structural problems
2 Moisture and/or water problems
3 Damage due to termites,other insects or rodents
4 Damage due to hail,wind,fire or flood
5 Cracks,heaving or settling problems
6 Exterior wall or window problems
7 Exterior Artificial Stucco(EIFS)
8 Any additions or alterations made without a
required building permit
9 Building code violations
B. ROOF Yes No Do Not COMMENTS
Know
1 Roof problems
2 Roof material Age
Roof material Age ...... .:...............
3 Roof leak: Past
4 Roof leak: Present
5 Damage to roof: Past
6 Damage to roof: Present
7 Roof under warranty until Transferable
8 Roof work done while under current roof warranty
9 Skylight problems
10 Gutter or down spout problems
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(SPD 19-10-06)
(Mandatory 1-07)
Buyers Initials: Sellers Initials: Q r L 0798 0730414560026
Hepp Realty, LLC 2:24 PM 11/1/2007 Qes Contracts 0 1993-2006Qea,inc.1-000.795.7759
Elizabeth A. Martin, GRI page 2 of 7
IN WORKING CONDITION
C. APPLIANCES Yes No 1 Do Not Age If COMMENTS
Know Known
1 Built-in vacuum system&accessories
2 Clothes dryer
3 Clothes washer
4 Dishwasher
5 Disposal
6 Freezer
7 Gas Grill
8 Hood - —9 Microwave oven
10 Oven
11 Range
12 Refrigerator
13 T.V. antenna: 0Owned O Leased
14 Satellite system or DSS dish: Downed O Leased
15 Trash Compactor
IN WORKING CONDITION
•
D. ELECTRICAL&TELECOMMUNICATIONS Yes : No Do Not Age If COMMENTS
Know Known
1 Security system: O Owned ❑ Leased
2 Smokelfire detectors: O Battery O Hardwire
3 Light fixtures
4 Switches&outlets
5 Aluminum wiring
6 Electrical: Phase Voltage
7 Telecommunications(T1,fiber,cable,satellite)
8 Inside telephone wiring 8 blocks/jacks
9 Abandoned communication cables: ❑Yes O No
10 Ceiling fans
11 Garage door opener
12 Garage door control(s)#
13 intercom/doorbell
14 In-wall speakers
15 220 volt service
16 Landscape lighting IN WORKING CONDITION
E. MECHANICAL Yes No Do Not Age If COMMENTS
Know Known
1 Air conditioning: "s'-° °•i::i:ia::`•e:e
Evaporative cooler
Window units
Central
Computer room
2 Attic/whole house fan
3 Vent fans
4 Humidifier
5 Air purifier
The printed portions of this form,except differentiated addltions, have been approved by the Colorado Real Estate Commission.(SPD 19-10-06)
(Mandatory 1-07)
Buyers Initials: Sellers Initials: 0798 0730414560026
Hepp Realty, LLC 2:24 PM 11/1/2007 oeeContracts O1993-2oo8Qea,Inc.1-eoa79sns9
Elizabeth A. Martin, GRI page 3 of 7
IN WORKING CONDITION
Do Not Age If
E. MECHANICAL (Continued) Yes No COMMENTS
Know Known
6 Sauna
7 Hot tub or spa
8 Steam room/shower
9 Pool
10 Heating system:
Type Fuel
Type Fuel
11 Water heater: Number of
Fuel type Capacity
12 Fireplace:Type Fuel
13 Fireplace insert
14 Stove:Type Fuel
15 When was fireplace/wood stove,
chimney/flue last cleaned:
Date: Do not know
16 Fuel tanks: Owned Leased
17 Radiant heating system: U Interior Exterior
Hose Type
18 Overhead door
19 Entry gate system
20 Elevator/escalators
21 Lilt/hoist/crane
IN WORKING CONDITION
Do Not Age ff
F. WATER,SEWER&OTHER UTILITIES Yes No COMMENTS
Know Known
1 Water filter system: U Owned U Leased
2 Water softener: U Owned U Leased
3 Sewage problems:
UYes U No ❑Do not know :....... ....:.............
4 Lift station(sewage ejector pump)
5 Drainage,storm sewers,retention ponds
6 Gray water storage/use
7 Plumbing problems:
UYes U No U Do not know ::.::. ........::..... .....:..:.
8 Sump pump
9 Underground sprinkler system
10 Fire sprinkler system
11 Polybutylene pipe:
U Yes U No U Do not know
12 Galvanized pipe:
❑Yes U No 0 Do not know
13 Backflow prevention device:
U Domestic 0 Irrigation
U Fire U Sewage
14 Irrigation pump
15 Well pump
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(SPD 19-10-06)
(Mandatory 1-07)
Buyer's Initials: Seller's Initials: Q Y L 0798 0730414580026
Hepp Realty, LLC 2:24 PM 11/12007 oes Contracts 01993-2006 Oes,Inc.1.800-795-7759
Elizabeth A. Martin, GRI page 4 of 7
G. OTHER DISCLOSURES-IMPROVEMENTS Yes No Do Not COMMENTS
Know
1 Included fodures and equipment in working condition
2
3
4
II. GENERAL
H. USE,ZONING&LEGAL ISSUES Yes No Do Not COMMENTS
Know
1 Current use of the Property ` `'
2 Zoning violation,variance,conditional use,enforceable
PUD or non-conforming use
3 Notice or threat of condemnation proceedings
4 Notice of any adverse conditions from any governmental or
quasi-governmental agency that have not been resolved
5 Violation of restrictive covenants or owners'association
rules or regulations
6 Notice of zoning action related to the Property
7 Notice of ADA complaint or report
8 Other legal action
I. ACCESS,PARKING,DRAINAGE&SIGNAGE Yes No Do Not COMMENTS
Know
1 Any access problems
2 Roads,driveways,trails or paths through the Property
used by others
3 Public highway or county road border the Property
4 Encroachments,boundary disputes or unrecorded
easeuands
5 Shared or common areas with adjoining properties
6 Cross-parking agreement,covenants,easements
7 Requirements for curb,gravel/paving,landscaping
8 Flooding or drainage problems: Past
9 Flooding or drainage problems: Present
10 Signs: U Owned U Leased
11 Signs: Government or private restriction problems
J. WATER&SEWER SUPPLY Yes No Do Not COMMENTS
Know
1 Water rights Type
2 Water tap fees paid in full
3 Sewer tap fees paid in full
4 Subject to augmentation plan
5 Well required to be metered
6 Type of water supply: 0 Public 0 Community 0 Well ❑Shared Well ❑Cistern ❑None O Other
If the Property is served by a well,supply to Buyer a copy of the well permit and drilling records.
Well Permit#: Water Company Name:
7 Type of sanitary sewer service: ❑Public ❑Community ❑Septic System ❑None 0 Other
If the Property is served by an on-site septic system,supply to buyer a copy of the permit.
Type of septic system: Tank 0 Leach ❑ Lagoon
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(SPD 19-10-06)
(Mandatory 1-07)
Buyer's Initials: Seller's Initials: Q 1 L 0798 0730414560026
Hepp Realty, LLC 2:24 PM 11/1/2007 oes Co„bae 01993-2006 es,Inc.1-800-795-7759
Elizabeth A. Martin, GRI page 5 of 7
K. ENVIRONMENTAL CONDITIONS
(other than a methamphetamine laboratory)Note 1
To Seller's current actual knowledge,do any of the following Yes No Do Not COMMENTS
conditions now exist or have they existed: Know
1 Hazardous materials on the Property,such as radioactive,
toxic,or biohazardous materials,asbestos,pesticides,
herbicides,wastewater and other sludge,radon,methane,
solvents or petroleum products
2 Underground storage tanks ---- --
3 Aboveground storage tanks
4 Underground transmission lines
5 Pets kept on the Property
6 Property used as,situated on,or adjoining a dump,
land fill or municipal solid waste land fill
7 Monitoring wells or test equipment
8 Sliding,settling,upheaval,movement or instability of
earth or expansive soils of the Property
9 Mine shafts,tunnels or abandoned wells on the Property
10 Within governmentally designated geological hazard or
sensitive area
11 Within governmentally designated flood plain or wetland area
12 Governmentally designated noxious weeds(within last
3 years only)If yes,see Section O.
13 Dead,diseased or infested trees or shrubs
14 Environmental aceaasments,studies or reports done
involving the physical condition of the Property
15 Plurally used for any mining,graveling,or other natural
resource extraction operations such as oil and gas wells
16 Endangered species on the Properly
17 Archeological features,fossils,or artifacts on the Property
18 Property pro icucy used ac a rnothomphcbmino laboratcry Note 1
19 Interior of Improvements of Property Smoke-free
20 Other environmental problems
L. ASSESSMENTS&LIENS Yes No Do Not COMMENTS
Know
1 Property is part of an owners'association
2 Special assessments or increases in regular assessments
approved by owners'association but not yet implemented
3 Government special improvements approved,but not yet
installed,that may become a lien against the Property
Do Not
M. OTHER DISCLOSURES-GENERAL Yes No Know COMMENTS
1 Any part of the Property leased to others(written or oral)
2 Written reports of any building,site,roofing,soils or
engineering investigations or studies of the Property
3 Work done under an insurance claim
4 Structural,architectural and engineering plans and/or
specifications for any existing improvements
5 Property was previously used as a methamphetamlne
laboratory and not remedlated to state standards(Motel)
6
7
8
Note 1: change per CREC Interim language approved 4/3/2007
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(SPD 19-10-06)
(Mandatory 1-07)
Buyers Initials: Seller's Initials: 0 a- 0798 0730414560026
Hepp Realty, LLC 2:24 PM 11/1/2007 oescontracrs 01993-2008Oes,mc.1-803-795-7759
Elizabeth A. Martin,GM page 6 of 7
III. LAND
N. CROPS,LIVESTOCK&LEASES Yes No Know COMMENTS
1 Crops being grown on the Property
2 Seller owns all crops
3 Livestock on the Property
4 Any land leased from others
❑State ❑BLM O Federal ❑Private ❑Other
O. NOXIOUS WEEDS
The Colorado Weed Management Act became law on January 1,1992. The law requires that every county or municipality in Colorado
adopt a weed management plan,outlining the rules governing identification and method of eradication.The State of Colorado has
identified PURPLE LOOSESTRIFE,SPOTTED KNAPWEED,MUSK THISTLE,LEAFY SPURGE,CANADIAN THISTLE,DIFFUSE
KNAPWEED,RUSSIAN KNAPWEED,DALMATION TOADFLAX and YELLOW TOADFLAX,among others,as noxious weeds.
To Seller's current actual knowledge,have any of the Yes No Do Not COMMENTS
following occurred to the Property within the last 3 years: Know
1 Identification of noxious weeds
2 Subject to written weed control plan
3 Herbicides applied
4 Biological agents or insects released on any of the
noxious weeds
Do Not
P. OTHER DISCLOSURES-Land Yes No Know COMMENTS
1 Any part of the Property enrolled in any governmental
programs such as Conservation Reserve Program(CRP),
Wetlands Reserve Program(WRP),etc.
2 Conservation easement
3
4
5
Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property.
Property inspection services may be purchased. This form is not intended as a substitute for an inspection of the Property.
ADVISORY TO SELLER:
Failure to disclose a known material defect may result in legal liability.
The information contained in this Disclosure has been furnished by Seller,who certifies to the truth thereof based on Seller's
CURRENT ACTUAL KNOWLEDGE. Any changes will be disclosed by Seller to Buyer promptly after discovery. Seller hereby
remitr a copy of this Disclosure.
cx.k N0V 14 2007
Seller Date Seller Date
Seller Date Seller Date
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(SPD 19-10-06)
(Mandatory 1-07)
Buyer's Initials: 0798 0730414560026
Hepp Realty, LLC 2:24 PM 11/1/2007 Qes Contracts O 1993-2006Ges,mc.1-800-795-779
Elizabeth A. Martin, GRI page 7 of 7
ADVISORY TO BUYER:
Even though Seller has answered the above questions to the best of Seller's current actual knowledge,
Buyer should obtain expert assistance to accurately and fully evaluate the Property regarding use and
access,water,sewer, utilities,environmental and geological conditions, noxious weeds and other matters
that may affect Buyer's use of the Property. Valuable information may be obtained from various local/state/
federal agencies,and other experts may perform more specific evaluations of the Property.
Boundaries, location and ownership of fences,driveways, hedges,and similar items may become matters of
dispute. A survey may be used to determine such matters.
The contract between Seller and Buyer controls if any item is included or excluded.
Buyer acknowledges that Seller does not warrant that the Property is fit for Buyer's intended purposes or use of the Property.Buyer
acknowledges that Seller's indication that an item is"working-is not to be construed as a warranty of its continued operability or as a
representation or warranty that such item is fit for Buyer's intended purposes. Buyer hereby receipts for a copy of this Disclosure.
Buyer Date Buyer Date
Buyer Date Buyer Date
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(SPD 19-10-06)
(Mandatory 1-07)
He Realty, LLC 079607304145600266
PP 2:24 PM 11/12007 oesContracts 01sea-2ooar ,ino.i-eoo-7esnse
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973 page 1
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT
LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
Hepp Realty, LLC
2149 E. Bridge Street CLOSING INSTRUCTIONS
Brighton,Colorado 80601-2551 AND
Office (303) 654-1900
Fax (303) 659-8890 EARNEST MONEY RECEIPT
®- Date: Thursday,November 1,2007
1.PARTIES,PROPERTY.
Weld County
,Seller, and
,Buyer,engage SECURITY TITLE , Closing Company,
who agrees to provide closing and settlement services in connection with the Closing of the following legally described real estate in the
County of Weld ,Colorado:
FTL 15302 L17-18-19-20 BLK19 SITUS:330 PARK AV FORT LUPTON 80621
known as No. 3.30 Park Avenue Fort Lupton COLORADO 80621
(Street Address City State Zip)
2. INFORMATION,PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing.
Closing Company agrees to prepare,deliver,and record those documents(excluding legal documents)that are necessary to carry out
the terms and conditions of the Contract to Buy and Sell Real Estate,dated Thursday,November 1, 2007 ,
including any counterproposals and amendments(Contract).
3. CLOSING FEE. Closing Company will receive a fee not to exceed$ $375.00 for providing these closing
and settlement services.
4. GOOD FUNDS. Closing Company is authorized to receive funds and to disburse when all funds received are either:(a)available
for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited,or(b)are available for
immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial
institution upon which the funds are to be drawn(Good Funds).
5. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to
receipt and disbursement of Good Funds,except as provided in§§10 and 11.
6. DISBURSER. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be
separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no
one other than the disburser can assure that payoff of loans and other disbursements will actually be made.
7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated:
X Cashier's Check at Seller's expense.
Funds Electronically transferred[wire transfer)to an account specified by the Seller,at Seller's expense
Closing Company's trust account check.
8. FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required
by Closing Company that will be necessary to complete this transaction.
9. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate,complete and detailed closing statement to
Buyer and Seller at time of closing.
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CL8-10-06)
(Mandatory 1-07)
Buyer's Initials: Sellers Initials: QLI _ 07980730414560026
Hepp Realty, LLC 2:31 PM 11/12007 Qes Contracts O1993-20naoes,Ino 1-800-795.7759
Prepared by Elizabeth A. Martin,GRI Cell: 303-859-4973 page 2
10. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract,
Closing Company, except as provided herein, is authorized and agrees to return all documents,monies,and things of value to the
depositing party,upon which Closing Company will be relieved from any further duty,responsibility or liability in connection with these
Closing Instructions. In addition,any promissory note,deed of trust or other evidence of indebtedness signed by Buyer shall be voided
by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender.
11. EARNEST MONEY DISPUTE. Except as otherwise provided herein,Closing Company shall release the Earnest Money as
directed by written mutual instructions signed by both Buyer and Seller.In the event of any controversy regarding the Earnest Money held by
Closing Company(notwithstanding any termination of the Contract),Closing Company shall not be required to take any action. Closing
Company,at its option and sole discretion,may(a)await any proceeding,(b)interplead all parties and deposit Earnest Money and other
money or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees,or(c)
deliver written notice to Buyer and Seller that unless Closing Company receives a copy of the Summons and Complaint or Claim(between
Buyer and Seller),containing the case number of the lawsuit(Lawsuit)within 120 calendar days of Closing Companys written notice is
delivered to the parties,Closing Company shall be authorized to return the Earnest Money to Buyer.In the event Closing Company does
receive a copy of the Lawsuit and has not interpled the monies at the time of any Order,Closing Company shall disburse the Earnest Money
pursuant to the Order of the Court.
12. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing and
signed by Buyer,Seller and Closing Company.
13. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company
to withhold a substantial portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado resident
after Closing.Seller should inquire of Sellers tax advisor to determine if withholding applies or if an exemption exists.
14. ADDITIONAL PROVISIONS.
(The following additional provisions have not been approved by the Colorado Real Estate Commission.)
15. COUNTERPARTS. This document may be executed by Buyer,Seller and Closing Company,separately,and when each party
has executed a copy,such copies taken together shall be deemed to be a full and complete contract between the parties.
16. BROKER'S COPIES. Closing Company shall provide,to each broker in this transaction,copies of all signed documents that
such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission.
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CL8-10-06)
(Mandatory 1-07)
Hepp Realty, LLC Buyers Initials: Sellers Initials: (�I I. 0798 0730414560026
2:31 PM 11/1/2007 oesConbacts 01993-2005 Oes,Inc.1-803-795-7759
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973 page 3
17. COMMON INTEREST COMMUNITY DOCUMENTS. Sellers obligation to provide the CIC Documents is set forth in the
Contract.Seller authorizes the Association,if any,to provide the CIC Documents to Buyer. Sellers obligation to furnish the CIC Documents
shall be fulfilled upon Buyers receipt of the CIC Documents.
18. NOTICE, DELIVERY AND CHOICE OF LAW.
a. Physical Delivery.
Except as provided in§18b below,all notices must be in writing.Any notice to Buyer shall be effective when received by
Buyer or Selling Brokerage Firm,any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm,
and any notice to Closing Company shall be effective when received by Closing Company.
b. Electronic Delivery.
As an alternative to physical delivery,any signed documents and written notice may be delivered in electronic form by the
following indicated methods only:
X Facsimile
E-mail
No Electronic Delivery.
Documents with original signatures shalt be provided upon request of any party.
e. Choice of Law.
This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of
Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado.
Date of signature
Buyer:
Date of signature .
Buyer: Date of signature NOV 1 4 2flfl17 Seller: Weld County \��ss�l���...
Date of signature
Seller:
Closing Company: SECURITY TITLE
Date _ _ _ BY
BRENDA ARCHULETA Title
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(C18-10-06)
(Mandatory 1-07)
0798 0730414560026
Hepp Realty, LLC 2:31 PM 11/1/2007 Oft Contacts O1993-2036oe.,mc.1-800-705-7759
Prepared by Elizabeth A. Martin, GRI Cell: 303-859-4973 page 4
(TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
Elizabeth A.Martin
(Broker)engages Closing Company as Brokers scrivener to complete,for a fee not to exceed
$ at the sole expense of Broker,the following legal documents:
Deed
rI Bill of Sale
Colorado Real Estate Commission approved Promissory Note
Colorado Real Estate Commission approved Deed of Trust.
Closing Company agrees to prepare,on behalf of Broker,the indicated legal documents pursuant to the terms and
conditions of the Contract.
The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible
for the accuracy of the above documents.
Listing Brokerage Firm's Name: MB HEPP REALTY,LLC
Date Broker: _
Closing Company: SECURITY TITLE
Date By:
Title
EARNEST MONEY RECEIPT
Closing Company,on the date set forth below,acknowledges receipt of the Eamest Money in the amount of$
in the form of
Closing Company: SECURITY TITLE
Date By:
Title
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(C18-10-06)
(Mandatory 1-07)
0798 0730414560026
Hepp Realty, LLC 2:31 PM 11/1/2007 aesContracts O1993-2006 Oes,Inc.1-800.795-7759
Pre.!pare'1 by f.:Iitaaf; etIt A. M?arttn. c,Rf Cc•tt
DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE SELLER
AGENCY,BUYER AGENCY.OR TRANSACTION-BROKERAGE.
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For purposes of this disclosure,softer iltstr means landlord-f wnicr includes st:t:it arldi'lr..::
and buyer also moans•te'n?:art•• which includes subrenariti.
Seller's Agent: A seller's agent(or listing agent;works solely on behalf of tie seller to t;rO1hOte the interest',of tire:≥E1 ai?F o trl rher i,hino',t
good faith,loyally and fidelity The agent negotiates un behalf of and acts a.i an cclYocate Ira t le seilttr :he seller's agent ili,i>,t t1 Close
to potential buyers all adverse material facts acivaily known by the seller agent atrolit the property A separate written :rstirig
agreement is required which sets forth the duties and obligations of the broker and the seiteir.
Buyer's Agent: A buyer's agent works solely on behalf of the buyer to pr on rote the interests of the buyer will;the utmost tJorA sa:trl loyalty
and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyers agent must e:fsciose to poteritraf
sellers all adverse material facts actually known by the buyer's agent including the buyer's financial ability to perform the terms of the
transaction and if a residential property.whether the buyer intends to occupy the property A separate written brayer agency agreement is
required which sets forth the duties and obligations of the broker and the buyer.
Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction by performing terms of
any written of oral agreement,fully informing the parties.presenbr!'t air offers and assisting the panes with any contracts.„e:mudrrrg toe
closing of the transaction without being an agent of advocate for any of the parties. A transactiorn broker must use rwasonaine skit and
care in the performance of any oral or written agreement.and must make the r,an['.disctosutes at;agents about all adverse r'ri:rlmIll
facts actually known by the transaction-broker concerning a property or a buyers 1[rrano iai ai'i;rty to perturrl rrl i tercels at[i n.a,lc,rar_tror and
if a residential properly.whether the buyer intends to occupy the property. No written.agreement is required
Customer: A customer is a party to a rear estate transaction with whom the 0r:r-er has rio br:.,*.eraciri relationship bei..ause sec 0 mils
has not engaged or errlpiu fed the broker.either as the patty'ti agent or as the party's trap-Lai:e rn lonkei
THIS IS NOT A CONTRACT
i acknowledge receipt of a copy of this Definitions funs on(date) ._....__.___.__.
•
On(date) . Broke: Blasi it:tt
with this Definitions form at location
and retained a copy for the Broker's records. ="`:I:''
•
- .ab-fir A. Martin. rRi
Brokerage firm's Name
The printed portions cif this form.except : • additions.have been approved by the Colorado t>;'teal Estate Commission.tDD25.5-04)
Hopp 'Realty. _..__ U•79t 0730-114560026
Hopp t...'.C 2 15 PM ;1/1 t2.0i)7' .a... .,::+t::[t:; ci r,ti`4. 1.:•t::rc,rnr t. •.i,.;!3=_:':ti
ELIZABETH MARTIN METRO
MB Hepp Realty, LLC BROKERS
1149 East Bridge Street INC.
Brighton, CO 80601
Phone (303) 654-1900
Fax (303) 659-8890
BethsRedShoes a HeppRealty.com
October 7, 2007
Monica Daniels-Mika, Administrator
Weld County Administrative Services
915 Tenth Street-P O Box 758
Greeley, CO 80632
Dear Ms. Daniels-Mika,
I am writing this letter to formally present my intentions for marketing the former SE Weld
County Administrative Building, a property located at 330 Park Avenue, Fort Lupton, CO 80621. I
have lived in the Fort Lupton/Hudson area for over 30 years, so I already had a rudimentary
knowledge of the public areas of this building. Thanks to Steve Boeck's knowledgeable tour of
the site, I now feel pretty familiar with the entire facility. I am also familiar with most of the other
commercial properties currently available in the Fort Lupton area, and so feel very prepared to
market this particular property.
As in so many communities we are currently seeing declining market conditions resulting in many
vacancies in the downtown Fort Lupton area. Upon conducting the market analysis I have
concluded that the Fall 2006 appraised value of$460,000 by Foster Valuation Company LLC is no
longer an accurate picture of the marketability of this property. In my investigation I included the
much newer and high quality"Zimick(sp) Building"(located on Denver Avenue next to the United
Power offices) which is currently listed at an extremely reasonable $450K. It has been on the
market for 2+ years &still has no current interested parties. Much of the downtown Fort Lupton
area is currently vacant and office space is leasing at a bargain price of$5.00 per square foot. So
although this building offers so much potential, my current thinking is that it should be offered at
a much more saleable $325,000-$360,000.
As for what I can offer you regarding the sale of this property, I would like to team up with Jan
Hepp-Struck to market this particular property. Jan is a certified real estate para-legal and brings
nearly 30 years of successful residential and commercial Real Estate experience as a Broker in the
Brighton-Fort Lupton area. Beyond my own advanced Real Estate education and experience, I
also have over 30 years of business experience owning and operating a thriving small business
here in S. E. Weld County. We feel that our partnership on this project will bring above average
expertise and service which should result in the most favorable sale of this property for Weld
County.
Hepp Realty is very centrally located and well-positioned in this market and surrounding
communities, enabling us to enjoy great"word of mouth"marketing as well as more traditional
marketing avenues. In addition, Jan &I both employ extensive use of the Internet and will
communicate to potential buyers by use of broadcast emails, postings, high quality digital
photography of the property, etc. utilizing various websites as well as our own great site
2007-3494
I
www.heoorealtv.com. We intend to market the property by all necessary means, including but
not limited to:
• Prominent Commercial Signage at Property Location
• DMCAR Listing (Denver Metro Commercial Association of Realtors)
• CoStar.com Listing(National Commercial Listing Site)
• LoopNet Commercial Listing
• E Flyer Listing-Internet Based Commercial Real Estate Service
• Contact with Economic Development Groups in both the Weld &Adams County Areas
• Creation &Distribution of Print Material advertising both the availability &amenities of the
subject Property
Jan and I propose a full-service based listing fee of 6.5% which enables us to be able to share
with cooperating Brokerage Firms an attractive incentive of 3.5% to produce an acceptable
Purchaser. In our experience, this fee structuring also allows us to be more generous with our
advertising budget as well, which is where many brokerage firms might feel tempted to skimp if
asked to be employed at a reduced rate.
In summation, I feel our combined expertise, knowledge of this area, work ethic and enthusiasm
make us the ideal firm to accomplish the sale of this property. I would also like to mention that
my stake in seeing this building regain it's vital role in our city, goes beyond simple financial gain.
Fort Lupton is my hometown and as such, I would very much like to have a part in helping to
revitalize her downtown area with positive growth.
Thank you for your time and I look forward to hearing from you soon,
Beth Martin, GRI
Hepp Realty LLC METRO
2149 E. Bridge Street BROKERS
Brighton, CO 80601 INC.
Office 303/654-1900
Fax 303/659-8890 IideoerdentCunryenie=
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Hepp Realty, LLC
Rs 2149 East Bridge Street 4114
Brighton, Colorado 80601
ANC.
Beth Martin
Broker Associate
Cell: (303) 859-4973
Office: (303) 654-1900 x.17
Fax: (303)659-8890
Email: BethsRedShoes@7hepprealty.com
Webs ite:www.hepp rea ltv.com
MY Pledge of Allegiance to You the Public
• I pledge to safeguard to the best of my abilities the trust that is placed in me to
assist you with your housing needs.
• I promise that I will provide you with all the necessary information available that is
pertinent to your individual real estate transaction.
• I promise that I will allow you to make the decisions that affect your real estate
needs.
• I am committed to the spirit and letter of the law to provide everyone with equal
access to housing.
• I will encourage you to avail yourself of professional attorneys, accountants,
surveyors, appraisers, contractors, inspectors and others that are more skilled in
their areas of expertise than I am.
• I will not let my personal relationship with others deter me from cooperating with
them to accomplish your transaction.
• I will not let my desire to profit from the transaction alter the course that you have
selected.
• I will tell you when I do not know the answer to your questions.
• I will accept compensation only from sources that I have first disclosed to you.
• I will continue to stay abreast of those areas where it is reasonable to expect
information from a real estate professional.
• I will not inspect property that you are interested in as I am not an inspector, but I
will assist you in the selection of an inspector of your choosing and cooperate
with you and that inspector.
• I will disclose to you all material facts associated with the property actually known
to me.
• I will follow the Code of Ethics of the National Association of REALTORS®
n METRO
Hepp Realty, LLC o
2145 East Srid9e Street G.
n CI lB &$ton,Colorado 8a6or
Beth Martin
Broker Associate
Cell: (303) 859.4973
Office: (303)654-1900
Fax: (303)659-8890
Email: Bethsredshoes@hepprealty.com
Website:www.hepprealty.com
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