HomeMy WebLinkAbout20061266 03/27/2006 16:09 9703523165 WOW PAGE 04
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1 Tills FORM HAS IMPORTANT
LEGAL C SIGNING.CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL
2 AND TAX OR OTHER
3
4 CONTRACT TO BUY AND SELL REAL ESTATE
5 (VACANT LAND-FARM-RANCH)
6 Date:October 6,2005
7
8 Purchase Price:$200,000.00
9
10 to sell,the Property defined below
11 1. AGREEMENT. Buyer agrees to buy,and the undersigned Seller agrees
12 on the terms and conditions set forth in this contract.
13 •
14 2, DEFINED TERMS.
15 a. Buyer. Buyer, Duke Energy Field Services, LP and/or assigns, will take title to the real property
16 described below in severalty.
17 b. Property. The Property is the following legally described real estate:
18
19 Proposed Amended Lot"A" of RE-614(less existing Lot"A")as reflected on the attached survey(the"Survey") in
20 the County of Weld, Colorado, commonly known as vacant land together with the interests, easements, rights,
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21 benefits, improvements and attached fixtures appurtenant Thereto, all interest of Seller in vacated streets and alleys
22 adjacent thereto, consisting of five (5) acres, more or less, except Seller's reserve and except all oil, gas, and other
23 minerals of whatever kind or nature.
24
25 c. Dates and Deadlines.
26 Date or Deadline
Item No. Reference Event WA
r` 1 §5a Loan Application Deadline
2 _§ 5b Loan Commitment Deadline N/A
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3 _ §5c Buyer's Credit Information Deadline
/A
4 §5c Disapproval of Buyer's Credit Deadline N/A'
5 §5d Existing Loan Documents Deadline N/A
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6 4 5d Objection to Existing Loan Documents Deadline N/A
7 §5d Approval of Loan Transfer Deadline N/A
8 § 6a Appraisal Deadline N/A
9 §7a Title Deadline _See paragraph 24
See Damp:9h 24
10 §7c Survey DeadlineSee paragraph 24 _
11 § 8e Survey Objection Deadline See paragraph 24 _
12 § 7b Document Request Deadline See paragraph 24
13 § 8a Title Objection Deadline rs ph 24
14 § 8b Off-Record Matters Deadline See paragraph
15 18b Off-Record Matters Objection Deadline See paragraph 24
16 § 10 Seller's Property Disclosure Deadline 10 days after MEC
17 § 10a Inspection Ob,Lection Deadline See paragraph 24
18 I lOb Resolution Deadline See paragraph 24
19 § 10e Property Insurance Objection Deadline N/A
20 § 11 Closing Date See paragraph 24
21 § 16 Possession Date See paragraph 24
22 § 16 Possession Time Sec paragraph 24
23 § 27 Acceptance Deadline Date October.2005, 2r
24 §27 Acceptance Deadline Time 5:00 p.m.
27
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29 d. Attachments. The following are a part of this contract: Exhibit"A"(survey)
30 Note: The following disclosure forms are attached but are not a part of this contract; Seller's Property Disclosure
31 (Vacant Land).
32 e. Applicability of Terms, A check or similar mark in a box means that such provision is applicable, The
33 abbreviation "N/A" means not applicable. The abbreviation "MEC" (mutual execution of this contract) means the
34 latest date upon which both parties have signed this contract.
35
36 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following items(Inclusions):
37 a. Fixtures. All fixtures attached to the Property.
38 b. Exclusions. The following attached fixtures arc excluded from this sale:None.
39 c. Personal Property. None.
40 d. Transfer of Personal Property. N/A.41 C. Trade Fixtures. N/A.
42 f. Water Rights. The following legally described water rights: None.
43 g. Growing Crops. With respect to growing crops,Seller and Buyer agree as follows: Seller shall receive
44 all growing crops on the Property at Closing. Seller shall have the right to harvest growing crops prior to or after
45 Closing.
46
47 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by
48 Buyer as follows:
49 •
Item No. Reference Item Amount Amount
§4 Purchase Price 5200 000 00 •7/4,•
2 §4a Earnest Money ,f r,. ], $20,000.00
3 J4b(l) New First Loan M], ;
4 §4b(2) New Second Loan
S §4c Assumption Balance ,' F 0
6 §4d Seller or Private Financing 0
7
8
9 §4e Cash at Closing ' : $180,000.00 •
10 TOTAL $200,000.00 5200,000.00
50
51 Note: If there is an inconsistency between the Purchase Price on the first page and this § 4,the amount in § 4 shall
52 control.
53 a. Earnest Money. The Earnest Money shall be delivered and paid to Seller at time of MEC in two
54 checks,one in the amount of$10.000 payable to Michael B.Flungenburg only and the other in the amount of$10,000
55 payable to Paul D.Hungenberg only. The entire Earnest Money deposit of$20,000 shall be applied to the Purchase
56 Price at Closing. The Earnest Money Deposit shall be non-refundable to Buyer in all events other than termination of
57 this Agreement due to Seller's failure to deliver their deed as provided Section 24.3 (1).
58 b. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's
59 closing costs, shall be in funds which comply with all applicable Colorado laws, which include cash, electronic
60 transfer funds,certified check,savings and loan teller's check and cashier's check(Good Funds).
61
62 5. FINANCING CONDITIONS AND OBLIGATTONS. [intentionally Deleted].
63
64 6. APPRAISAL PROVISIONS.[intentionally Deleted].
65
66 7. EVIDENCE OF TITLE. Sec Paragraph 24.
67
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68 8. TITLE AND SURVEY REVIEW. Sec Paragraph 24.
69 •
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70 Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL
71 OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX
72 LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH
73 DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX
74 BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE
75 RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS
7G WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT
77 FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF
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78 SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
79 INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
80
81 9. LEAD-BASED PAINT. (intentionally Deleted).
82
83 10. PROPERTY DISCLOSURE, INSPECTION AND INSURABILITY; BUYER DISCLOSURE. On or
84 before Seller's Property Disclosure Deadline (§ 2c), Seller agrees to provide Buyer with a Seller's Property
85 Disclosure(Vacant Land)form completed by Seller to the best of Seller's current actual knowledge.
86
87 11. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing shall be on the date
88 specified as Closing Date(§2c)or by mutual agreement at an earlier date. The hour and place of Closing shall be as
89 designated by Buyer.
90
91 12. TRANSFER OF TITLE. See Paragraph 24.
92
93 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before
94 Closing from the proceeds of this transaction or from any other source.
95
96 14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their
97 respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein.
es-
98 Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. Fees
99 for real estate Closin services shall be paid at Closing by 0 One-half by Buyer and One-half by Seller
100 0 Buyer 0 Seller Other
101
102 15. PRORATIONS. The following shall be prorated to Closing bate(*2c),except as otherwise provided:
103 a. Taxes. General real estate taxes for the year of Closing for the Property shall be paid by Buyer.
104 b. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final.
105
106 16. POSSESSION. Possession of the Property shall be delivered to Buyer upon execution hereof and shall
107 continue until closing or termination of the Contract.
108
109 17. SUCCESSORS AND ASSIGNS. Buyer may assign its rights and obligations hereunder. The terms and
110 provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns
111 of the parties. No third parties, including any brokers or creditors, shall be beneficiaries hereof or entitled to any
112 rights or benefits hereunder.
113
114 18. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS. [intentionally
115 Deleted].
116
117 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller
118 acknowledge that the respective broker has advised that this document has important legal consequences and has
119 recommended the examination of title and consultation with legal and tax or other counsel before signing this
120 contract.
121
122 20. TIME OF ESSENCE, DEFAULT ANT) REMEDIES. Time is of the essence hereof. if any note or check
123 received as Earnest Money hereunder or any other payment due hereunder is not paid.honored or tendered when due.
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124 or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following
125 remedies:
126 a. If Buyer is in Default:
127 ❑ (1) Specific Performance. Seller may elect to treat this contract as canceled, in which case all
128 payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may
129 recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and
130 Seller shall have the right to specific performance or damages,or both.
131 ® • (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by
132 Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder.It is
133 agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection
134 c)are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Seller
135 expressly waives the remedies of specific performance and additional damages:
136 b. If Seller is in Default: Buyer may elect to treat this contract as canceled, in which case all payments
137 and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or
138 Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific
139 performance or damages,or both,
140 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator
141 or court shall award to the prevailing party all reasonable costs and expenses, including attorney and legal fees.
142
143 21. MEDIATION. [Intentionally Deleted].
144
145 22. EARNEST MONEY DISPUTE. [intentionally Deleted).
146
147 23. TERMINATION. In the event this contract is terminated,alt payments made to Seller by Buyer shall be non-
148 refundable and retained by Seller and all other things of value received hereunder shall be returned to the party who
149 provided it,ind the parties shall be relieved of all obligations hereunder,subject to fi 4a.
150
151 24. ADDITIONAL PROVISIONS.
r 152
153 24.1 Inspection Period. Buyer, at its own cost and expense, shall have the "Inspection Period" within
154 which to physically inspect the Property, and to conduct its due diligence related to the physical condition of the
155 Property,in order to determine Buyer's satisfaction, in its sole discretion,with the same. The Inspection Period shall
156 commence upon MEC and expire at midnight on the date prior to the Closing Date. Buyer and Buyer's officers,
157 employees,consultants,attorneys and other authorized representatives,shall have the right to reasonable access to the
158 Property at reasonable times during the Inspection Period for the purpose of inspecting the Property and generating
159 the Survey. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, liabilities or claims for
160 property damage or personal injury caused by Buyer and its agents and contractors in the conduct of such inspections
161 and investigations, other than pre-existing conditions merely discovered by Buyer or its agents or contractors.
162 Buyer's indemnity shall survive closing or termination of this contract. Seller shall reasonably cooperate with and
163 assist Buyer in making such inspections and reviews and in obtaining any governmental approvals of its contemplated
164 'use of the Property,provided that Seller shall not be obligated to incur any expense in connection therewith. Within
165 the Inspection Period.Buyer may, in its sole discretion, for any reason or for no reason, elect whether or not to go
166 forward with this Agreement to Closing. If Buyer elects to terminate this Agreement,Buyer shall send written notice
167 of that election to Seller prior to Closing(the"Notice of Termination"),upon delivery of which all rights,duties and
168 obligations of Buyer and Seller hereunder,except any which expressly survive termination,shall terminate.
169
170 Buyer shall have the right during the term of this Agreement to at its expense make application for,pursue
171 and obtain such development approvals and permits as Buyer deems necessary or appropriate in connection with
172 Buyer's planned use of the Property (the "Pre-Development Approvals"), including. without limitation, at Buyer's
173 option, application for(a)an amended Recorded Exemption ("RE") to make the Property a so-called"legal parcel"
174 under the Weld County, Colorado, zoning ordinance, and (b) an amended Use by Special Review permit ("USE
175 Permit") to allow Buyer to expand its processing facility onto the Property and addressing such matters as Buyer, in
176 its sole discretion, determines to he necessary or desirable in connection with Buyer's planned use of the Property. In
177 that regard, Buyer may commence development activities upon the Property prior to Closing provided that Buyer
178 promptly returns the Property to its original condition in the event the Buyer does not proceed to _ 4'e le ,f
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124 or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following
125 remedies:
126 a- If Buyer is in Default:
127 O (1) Specific Performance. Seller may elect to treat this contract as canceled, in which case all
128 payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may
129 recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and
130 Seller shall have the right to specific performance or damages,or both.
131 ® • (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by
132 Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder.It is
• 133 agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection
134 c)are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Seller
135 expressly waives die remedies of specific performance and additional damages.
136 b. if Seller is in Default Buyer may elect to treat this contract as canceled, in which case all payments
137 and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or
138 Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific
139 performance or damages,or both.
140 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator
141 or court shall award to the prevailing party all reasonable costs and expenses, including attorney and legal fees.
142
143 21. MEDIATION. [Intentionally Deleted].
144
145 22. EARNEST MONEY DISPUTE. [intentionally Deleted).
146
147 23. TERMINATION. In the event this contract is terminated,all payments made to Seller by Buyer shall be non-
148 refundable and retained by Seller and all other things of value received hereunder shall be returned to the party who
• 149 provided it,and the parties shall be relieved of all obligations hereunder,subject to§4a.
150
151 24. ADDITIONAL PROVISIONS.
e^ 152
153 24.1 Inspection Period. Buyer, at its own cost and expense, shall have the "Inspection Period" within
154 which to physically inspect the Property, and to conduct its due diligence related to the physical condition of the
155 Property,in order to determine Buyer's satisfaction,in its sole discretion,with the same. The Inspection Period shall
156 commence upon MEC and expire at midnight on the date prior to the Closing Date. Buyer and Buyer's officers,
157 employees,consultants,attorneys and other authorized representatives,shall have the right to reasonable access to the
158 Property at reasonable times during the Inspection Period for the purpose of inspecting the Property and generating
159 the Survey. Buyer hereby agrees to indemnify and hold Seller harmless from any damages, liabilities or claims for
160 property damage or personal injury caused by Buyer and its agents and contractors in the conduct of such inspections
161 and investigations, other than pre-existing conditions merely discovered by Buyer or its agents or contractors.
162 Buyer's indemnity shall survive closing or termination of this contract. Seller shall reasonably cooperate with and
163 assist Buyer in making such inspections and reviews and in obtaining any governmental approvals of its contemplated
164 use of the Property, provided that Seller shall not be obligated to incur any expense in connection therewith. Within
165 the Inspection Period. Buyer may, in its sole discretion, for any reason or for no reason, elect whether or not to go
166 forward with this Agreement to Closing. If Buyer elects to terminate this Agreement,Buyer shall send written notice
167 of that election to Seller prior to Closing(the"Notice of Termination"),upon delivery of which all rights, duties and
168 obligations of Buyer and Seller hereunder,except any which expressly survive termination,shall terminate.
169
170 Buyer shall have the right during the term of this Agreement to at its expense make application for,pursue
171 and obtain such development approvals and permits as Buyer deems necessary or appropriate in connection with
172 Buyer's planned use of the Property (the "Pre-Development Approvals"), including. without limitation, at Buyer's
173 option, application for(a) an amended Recorded Exemption ("RE") to make the Property a so-called"legal parcel"
174 under the Weld County. Colorado. zoning ordinance, and (b) at amended Use by Special Review permit ("USR
175 Permit") to allow, Buyer to expand its processing facility onto the Property and addressing such matters as Buyer, in
176 its sole discretion, determines to he necessary or desirable in connection with Buyer's planned use of the Property. In
177 that regard, Buyer may commence development activities upon the Property prior to Closing provided that Buyer
178 promptly returns the Property to its original condition in the event the Buyer does not proceed to Closing. %e le j
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179 agrees to cooperate with Buyer in Buyer's application for, pursuing and obtaining the Pre-Development Approvals.
ISO Seller's cooperation shall include consenting to Buyer executing such applications, documents and agreements and
181 appearing with Buyer before such public bodies as may be reasonably required in connection with Buyer applying
182 for, pursuing and obtaining any such approvals, and taking no action to cooperate with or assist any persons or
183 organizations which may oppose any of the Pre-Development Approvals. Nothing in this Section shall be deemed w
184 require Seller to incur any expense in connection with the Pre-Development Approvals.
185
186 24.2 Title. within ten (10) days after MK,Buyer shall, at Buyer's sole expense and cost,obtain a title
187 insurance commitment and policy and tax certificate (the "Title insurance Commitment") from a title insurance
188 company of Buyer's choosing (the "Title Insurance Company"). Buyer will have through the Inspection Period
189 within which to notify Seller in writing of any conditions,defects,encroachments or other objections to title or survey •
190 which are not acceptable to Buyer. Any matter disclosed by the Title Insurance Commitment (other than liens
191 removable by the payment of money), or by the Survey obtained by Buyer which is not timely specified in Buyer's
192 written notice to Seller shall be deemed a Permitted Exception; provided, however, whether or not Buyer objects,
193 Seller shall cause all liens removable by the payment of money(except those that were created by the act of Buyer,its
194 agents or contractors)to be released at or prior to Closing(with Seller having the right to apply the Purchase Price or
195 a portion thereof for such purpose), Seller shall deliver the Property free and clear of any such liens, except general
196 tax liens. if Buyer provides written notice of its objections to title or survey matters, Seller at its option may use
197 reasonable and diligent efforts to cure all such objections on or before the expiration of the Inspection Period or take
198 no action with regard thereto. If such objections to title or survey(other than liens) are not cured by the end of the
199 Inspection Period, Buyer may (i) refuse to purchase the Property and terminate this Agreement; or (ii) waive such
200 objection(s)and close the purchase of the Property subject to them.
201
202 24.3 Transfer of Title. Seiler hereby agrees to execute and deliver at Closing:
203
204 (1) A special warranty deed in proper form for recording, duly executed and acknowledged by
205 Seller, and insured by the Title Company, so as to convey to Buyer the fee simple title to the Property. subject to
206 general property taxes for the year subject to general taxes and assessments for 2005, payable in 2006; easements;
207 reservations; mineral reservations; conditions; agreements; limitations; exceptions; oil, gas and mineral leases; gas
208 lines,restrictions; covenants and rights of way, all of record or as may exist by use on the premises; and shortage in
209 area, conflicts in boundary lines, and all other matters that would be disclosed by an accurate survey, including,but
210 not limited to, encroachments and boundary discrepancies, subject to all governmental laws, rules, and regulations,
211 and subject to inclusion within any special or general districts; and the benefits, liens and burdens arising therefrom
212 and subject to those matters listed as exceptions in the title insurance commitment. The deed will contain the
213 following mineral reservation: "Grantors reserve unto themselves, their heirs, successors, and assigns and except
214 from this conveyance all oil,gas,and other minerals of whatever kind or character.";
215
216 (2) To the extent applicable, an appropriate assignment instrument transferring, assigning and
• 217 conveying to Buyer any and all other property rights to be transferred, assigned and/or conveyed to Buyer hereunder
218 but not covered by the special warranty deed;
219 •
220 (3) Such other documents as Buyer or the Title Company may reasonably request to effect the
221 transactions contemplated by this Agreement.
222
223 24.4 Closing. Closing shall be on a date,time and location chosen by Buyer,upon at least seven(7)days
224 prior written notice to Seller,and in no event shall Closing occur on a date later than March 31,2006.
225
226 • 24.5 Commissions/Broker Disclosure. Seller and Buyer represent to each other that neither Seller(in
227 the case of Seller's representation)nor Buyer(in the case of Buyer's representation) has dealt with nor does it have
228 any knowledge of any broker or other person who has or may have any claim against Seller.Buyer or the Property for
229 a brokerage commission, tinder's fee or like payment arising out of or in connection with this transaction. Buyer
230 agrees to Indemnity and hold Seller harmless from any other such claim arising by. through or wider Buyer, and
231 Seller agrees to indemnify and hold Buyer harmless from any other such claim arising by.through or under Seller.
232
233 24.6 Notices.>^ CONTRACT TO HUY.AN0 SELL REAL.ESTATE Page S oil /177,4'/'
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234
235 As to Seller: Michael B.Hungenberg
236 Paul D.Hungenberg
237 32500 WCR 41
238 Greeley,Colorado 80631
239
240 As to Buyer: Duke Energy Field Services,LP
241 Attention; Lew Hagenloek
242 1324 N.7th Avenue
243 Greeley,Colorado 80631
•
244 Phone: (970)356-9700 •
245 Email: ldhagenlock@duke-energy.com
246
247 24.7 Exchange. if Seller requests,Buyer shall cooperate with Seller in effecting Seller's exchange under
248 §1031 of the Internal Revenue Code pursuant to which Seller will sell the Property: provided, however, (i) the
249 exchange shall be at no expense,risk or liability to Buyer;(ii)the exchange shall not delay the Closing for transfer of
250 the Property; (iii) Buyer shall not be required to acquire title to any proposed exchange properties to accommodate
251 Seller's exchange; and (iv) the•exchange shall not affect, limit, modify or impair in any way the representations,
252 warranties, covenants or indemnifications made by Seller and all such obligations of Seller shall inure to the benefit
253 of Buyer and shall not be affected in any way by an assignment of this Agreement to effect an exchange. Seller shall
254 indemnify, defend and hold Buyer harmless from and against any and all claims,demands,costs and expenses which
255 Buyer may sustain or incur resulting from the consummation of the transfer of the Property as a §1031 exchange
256 rather than a sale.
257
258
259 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This agreement constitutes the entire contract
260 between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or
r. 261 written, have been merged and integrated into this contract. No subsequent modification of any of the terms of this
262 contract shall be valid,binding upon the parties,or enforceable unless made in writing and signed by the parties. Any
263 obligation in this contract that,by its terms,is intended to be performed after termination or Closing shall survive the
264 same.
265
266 26. NOTICE,DELIVERY AND CHOICE OF LAW.
267 a. Physical Delivery. Except for the notice requesting mediation described in§21,and except as provided
268 in§ 26b below, all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or by
269 Selling Brokerage Finn, and any notice to Seller shall be effective when received by Seller or Listing Brokerage
270 Firm.
271 b. Electronic Delivery. As an alternative to physical delivery, any signed document and written notice
272 may be delivered in electronic form by the following indicated methods only: Q9 Facsimile 0 E-mail 0 None.
273 Documents with original signatures shall be provided upon request of any party.
274 c. Choice o1'Law. This contract and all disputes arising hereunder shall be governed by and construed in
275 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract
276 in this state for property located in Colorado.
277
• 278 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing,
279 by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of acceptance
280 pursuant to § 26 on or before Acceptance Deadline Date(§ 2c)and Acceptance Deadline Time(§ 2c). If accepted,
281 this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each
282 party, separately,and when each party has executed a copy thereof,such copies taken together shall he deemed to be
283 a full and complete contract between the panics.
284
285 [signature page immediately i'ollows3
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287
288 DUKE ENGRGY FIELD SERVICES,19
289 a I)clawore limited partnership
290
291
292 '" •
293 Date executed by Buyer: /L':45-'42:i 13y . �7� c
r-:
294 N'Ih16: .+a•r.✓%t_l
295 "rifle: /4&,ot?.r�c_T2 ��:t_.
296
297 St LLIiR:
298
299
301 Michael ri. ltungentserg
302 ;' /
303
304
305 aul D.1-Iungcnberg+ J
306 Date executed by Sellers: /4:2231-9-r
307
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03/27/2006 16:09 9703523165 WOBJ PAGE 82
r.
Michael B. Hungenberg
Paul D.Hungenberg
32500 WCR 41
Greeley, Colorado 80631
October 10,2005
To Whom it May Concern:
We own the property on which Duke Energy Field Services proposes to expand its
Lucerne Plant. We have met with Lew Hagenlock to discuss this matter, and we have
reviewed the plot plan. We have no objection to the plans of Duke Energy Field Services
as reflected on the attached plot plan.
Sincerely:
'17a 47O4,r
C Vve-A4---6-
r—.
a
MEMORANDUM
rat TO: BOCC; CHRIS GATHMAN,PLANNING SERVICES
FROM: CHARLOTTE DAVIS, ENVIRONMENTAL SERVICES 09 SUBJEC. DATE: 0S/ O06 CT: �24/ R-552 DELETE- DEV STANDARD#9
COLORADO
One Development Standard was inadvertently added to the Development
Standards. Please delete the following:
Development Standard # 9 The applicant shall comply with all provisions of the
Underground and Aboveground Storage Tank Regulations (7 CCR 1104-14)
IEXHIBT
us sea
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS MAY 14, 2006 THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A
SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE
SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A
SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE)
INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE
BOARD OF COMMISSIONERS HEARING FOR AA SITE SPECIFIC DEVELOPMENT
PLAN AND THIRD AMENDED USE BY SPECIAL REVIEW PERMIT #552 FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING A NATURAL GAS
PROCESSING FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT
KIM OGLE
N!me of Person Posting Sign
Signatu - o erson Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this I S day of , 2006.
WITNESS my hand and official seal.
.
KfiA,ys
otary Public
oefri
My Commission Expires: IN+'d-4OU7 \FC, ;•-/E't'..•'....."
EXHIBIT
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