HomeMy WebLinkAbout20062708 RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - NORTH RANGE
BEHAVIORAL HEALTH
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,Weld County currently owns property located north of M Street and 17th Avenue
in the Weld County Business Park, containing approximately five acres, and
WHEREAS,North Range Behavioral Health desires to purchase said property, and
WHEREAS,the Board has been presented with an Agreement for Sale and Purchase of
Real Estate between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and North Range Behavioral Health, with terms and conditions
being as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to authorize and approve the sale
of the real estate described in the agreement, a copy of which is attached hereto and incorporated
herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Sale and Purchase of Real Estate between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and North Range Behavioral Health be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any and all necessary documents to effectuate the sale.
2006-2708
PR0028
e 0 : M R 18/4- Fit f, --03 --OG
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 27th day of September, A.D., 2006.
EI♦ BOARD OF COUNTY COMMISSIONERS
�� ELD COleY, COLORADO
ATTEST: ateil (zA 'a4C2 AdV1
/ eile, Chair
Weld County Clerk to the - cor`
�.� o Davi . Long, Pro-Tem
BY: 1 c
Depu Clerk . the Board
Wi I . Jerk
AP ED AST R
Robertq�rt���ID. Masde/P�
ounty Attorney nu.{ I/U
1bu1
Date of signature: 4'II Glenn Vaad
C„
2006-2708
PR0028
474
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
Ot
THIS AGREEMENT is made this 1Q1 day of September, 2006, by and between the
County of Weld, a body corporate and politic in the State of Colorado, by and through the Board
of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley,
Colorado 80631, hereinafter referred to as "Seller," and North Range Behavioral Health, a
Colorado non-profit corporation, whose address is 1306 11th Avenue, Greeley, Colorado 80631,
hereinafter referred to as "Purchaser."
WITNESSETH:
That in consideration of the future payment by the Purchaser to the Seller of the sum to be
determined and in consideration of the mutual promises and covenants contained herein, Seller
agrees to sell to the Purchaser and Purchaser agrees to purchase from the Seller the real property
which is generally described as north of M Street and 17th Avenue in the Weld County Business
Park and contains approximately 5 acres, hereinafter referred to as the "Parcel."
The agreement of sale and purchase of the Parcel is subject to the following conditions:
1. Seller shall furnish to Purchaser a Special Warranty Deed for the Parcel. Seller
shall provide title insurance that shall be paid for by Purchaser. Purchaser shall
have 10 days from the receipt of a title commitment to object to any matter shown
by the commitment which effects marketability of the property or contains
restrictions which in the opinion of the Purchaser unduly restricts proposed
development. All such objections shall be given to Seller. Thereafter Purchaser
and Seller shall negotiate for a period of up to 30 days to resolve such title matters
and resolutions, Purchaser may waive the objection or terminate this agreement.
2. Seller and Purchaser agree that the current market value for the Parcel will be
determined based upon a figure of$2.00 per square foot for approximately 5 acres
of real property. Consideration for the sale of the Parcel by Seller to Purchaser
shall be $10, unless any one of the following events occurs prior to ten years from
the signing of the closing documents, in which instance the Purchaser shall pay to
the Seller that balance of the current market value to be determined declining on
an equal basis over ten (10) years.
a. Sale or other transfer of the Parcel by Purchaser, including an option to
purchase exercisable at any time prior to ten years from the signing of the
closing documents.
Page 1 of 4 Pages
111111111111111111111111 III 111111111111 III RE IM'III' 2006-2708
3430474 10/27/2006 01:19P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder �� u,2'.
b. To and until ten years from the signing of the closing documents,
Purchaser fails to continuously operate thereon a behavior health services
facility for the benefit of Weld County citizens.
Purchaser agrees to execute a Note and Deed of Trust which shall secure the
purchase price to be determined and the declining balances thereof over ten (10)
years.
3. Purchaser shall have permission to go on to the property for the purpose of
inspection and survey. If the Purchaser, after inspection, deems the condition of
the property to be unsuitable for its purposes it shall have the right to terminate
this agreement within 10 days of completion of the inspection.
4. Title for the Parcel shall be merchantable in Seller. Subject to payment or tender
as above provided and compliance by Purchaser with the other terms and
provisions hereof, Seller shall execute and deliver a good and sufficient Special
Warranty Deed for the Parcel to Purchaser on a date certain set by mutual
agreement between Seller and Purchaser, conveying the Parcel free and clear of all
taxes and free and clear of all liens for special improvements installed as of the
date of Purchaser's signature hereon, whether assessed or not; free and clear of all
liens and encumbrances, except those stated and set forth in paragraph 2, above;
and subject to all applicable building and zoning regulations.
5. Purchaser shall be responsible for the payment of all property taxes for the year
2006, and each year thereafter, beginning on the date of delivery of deed. No
property taxes shall be assessed for the portion of the year 2006 that title to Parcel
was held by the Seller.
6. The date of closing shall be the date of delivery of deed as provided in paragraph
4, above. The hour and place of closing shall be designated by mutual agreement
between Seller and Purchaser.
7. Time is of the essence hereof.
8. Possession of the Parcel shall be delivered to Purchaser upon closing and shall not
be subject to any leases or tenancies.
9. Seller represents and warrants as of the day hereof and as of the date of the closing
that neither the execution of this contract nor the consummation of the transaction
provided for herein constitutes, or will result in, any breach of any of the terms,
conditions, or provisions, or constitute a default under any indenture, charter,
Page 2 of 4 Pages
1 11111 11111 11111 111111 11 111111 11111 III 11111 111 1111
3430474 10/27/2006 01:19P Weld County, CO
2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
bylaw, mortgage, loan agreement, lien, lease, license,judgment, decree, order,
instrument, or other verbal or written agreement to which the Seller is a party of
or which the property is subject to, except as provided for herein.
10. All of the conditions, promises, and covenants stated herein shall be in full force
and effect, notwithstanding the conveyance of the Parcel by Special Warranty
Deed as outlined in paragraph 4, above, or the execution of the Note and Deed of
Trust as outlined in paragraph 2, above, and shall not merge with the Special
Warranty Deed, Note, and Deed of Trust.
11. Purchaser agrees to pay for the cost of obtaining title insurance for the Parcel and
any and all taps for utilities extending from the street or nearest location to the
Parcel. Such utilities include, but are not limited to, the following: water, sewer,
electricity, gas, and telephone.
12. This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written.
13. Purchaser hereby assigns to Seller any rights it may obtain, by receiving the
conveyance of the Parcel by Special Warranty Deed as outlined in paragraph 4.,
above, to approve or reject any future proposals for the creation of lots or land
splits within the Weld County Business Park P.U.D.
14. Purchaser shall provide evidence at or prior to the time of closing that it has
entered into a contract to construct its proposed outpatient services facility.
15. As beneficiary of the Deed of Trust, Seller agrees to subordinate such Deed of
Trust to any deed of trust granted by the Purchaser to obtain financing for the
construction of an outpatient services facility on the Parcel.
16. Seller reserves the right to be the sole entity to grant approval or disapproval of
referrals from the City of Greeley for additional proposed developments in the
Weld County Business P.U.D.
17. Seller shall landscape, at its cost, the water detention pond located on Property.
Thereafter, Purchaser shall be solely responsible for maintaining said water
detention pond and landscaping located thereon.
18. Purchaser and Seller shall negotiate in good faith to enter into appropriate
agreements with respect to allow parking by the Weld County Ambulance Service
on the Property and with respect to water detention and drainage.
Page 3 of 4 Pages
Mill 1111111111 till III111111111111III IIIII1111VIII
3430474 10/27/2006 01:19P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
a
IN WITNESS WHEREOF, the parties hereto have subscribed their names thisaZ'Clay
of September, 2006. ��/,�,����� � �
ATTEST: g��e/l alto r SELLER:
CLERK TO THE BOARD COUNTY OF WELD, A BODY
,�� � CORPORATE AND POLITIC OF THE
► 4 \ TATE OF COLORADO, BY AND
I tit 4,1; /\ ROUGH THE BOARD OF COUNTY
r lest of ,1-p*PMMISSIONERS OF WELD COUNTY,
1 ,?• = `:•LORADO
n 1
By: /IA ( � IL e. _ .
Dep Clerk i.'the Board (• �t
By: /4 1/
M. J. Geile, Chair SEP 2 7 2006
PURCHASER:
NORTH RANGE BEHAVIORAL
HEALTH, a Colorado non-profit
corporation
By:
Wayne A. Maxwell,
SUBSCRIBED AND SWORN to before me this 04y of September, 2006.
"SpRY PUr��h.
?: W •.'.', my hand and official seal:
? DI 1 K. s li
k BE r
yj�+�. arj f lic
... •+.
My commission expires: /O/7/6e ','�e�f eii oT
My COMI*4op Expires;10.07.2008
M\Wpfilcs\DEEDSW RBHagm2.wpd
1 11111 11111 VIII 1111111 III 111111 111111 III IIIII 1111 IIII
3430474 10/27/2006 01:19P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
Page 4 of 4 Pages
Hello