HomeMy WebLinkAbout20052007.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT#828 -JUDY OAKLEY
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,on the 28th day of March,2005,a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Judy Oakley, 12236
Weld County Road 18, Fort Lupton,Colorado 80621,was in compliance with certain Conditions of
Approval and Development Standards contained in Use by Special Review Permit#828 for a Kennel
(64 Adult Dogs and 120 Puppies), and
WHEREAS, the alleged violations were said to be occurring on property described as part
of the NW1/4 and part of the NW1/4 NE1/4 of Section 30,Township 2 North, Range 66 West of the
6th P.M., Weld County, Colorado, and
WHEREAS,after hearing testimony from the Department of Planning Services,the Board
deemed it advisable to continue the matter to July 13, 2005, at 9:00 a.m., to allow the respondent
adequate time to complete the closing on the property and vacate the kennel use, and
WHEREAS, on July 13, 2005, after hearing testimony from the Department of Planning
Services,the Board finds that pursuant to the procedure as set forth in Chapter 2,Administration,
the Weld County Code there is sufficient probable cause to schedule a Show Cause Hearing to
consider whether or not said Use by Special Review Permit should be revoked for failure to comply
with certain Conditions of Approval and Development Standards, and
WHEREAS,the Board shall hear evidence and testimony from all interested parties at said
Show Cause Hearing.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by
Special Review Permit#828 issued to Judy Oakley, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall
be August 17, 2005, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Development
Standard:
Standard#12. The Special Review permit shall not be transferable to any successors in the
interest to the described property and shall terminate automatically upon conveyance or
lease of the property to others for operation of the facility.
2005-2007
PL0433
(� : � / /9P%L/ Al/ (4> 07 0)6-OS
SET SHOW CAUSE - JUDY OAKLEY (USR #828)
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of July, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: fated,i �% EXCUSED
William H. J e, Chair
Weld County Clerk t
M. J. Geile, Pro-Tern
BY:
Deputy Clerk to the Bob"t EXCUSED
D id E. Long
A ED •
AY6. �.
Robert
D.
. Masden
C unty rney
Glenn Vaad
Date of signature: -2-
2005-2007
PL0433
D
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
I
1555 N. 17th Avenue, Greeley, CO 80631
WI Phone: (970) 353-6100, Ext. 3540
O Fax: (970) 304-6498
•
COLORADO
CASE SUMMARY
CASE NUMBER: USR-828 (P-USR-828)
NAME: Judy Oakley
MAILING ADDRESS: 12236 Weld County Road 18
LEGAL DESCRIPTION: Part of the NW4 and part of the NW4 NE4 of Section 30, T2N, R66W
of the 6th P.M., Weld County, Colorado
TOTAL ACREAGE: 5 Acres
May 18, 1988 USR-828 approved by the Board of County Commissioners
September 8, 1993 Show Cause Hearing conducted by the Board of County Commissioners.
Show Cause Hearing continued by the Board of County
Commissioners until September 22, 1993.
Note: Show Cause Hearing was conducted for the violation of
Operation Standards of USR-828
September 22, 1993 Show Cause Hearing continued by the Board of County Commissioners until
March 2, 1994
March 2, 1994 Property in compliance, Show Cause Hearing dismissed by the Board of
County Commissioners.
November 12, 1999 Zoning Complaint referred to County Zoning Compliance Officer
November 12, 1999 Field Inspection of property
December 3, 1999 Letter from County Zoning Compliance Officer sent to property owner
Case Summary Continued
Page 2
December 9, 2002 Chris Gathman (Department of Planning Services) & Char Davis
(Department of Public Health & Environment)visited site to do a field
inspection. Access not granted, Judy Oakley(property owner)was out of
state.
December 13, 2002 Chris Gathman (Department of Planning Services) & Char Davis
(Department of Public Health & Environment)visited site to do a field
inspection. Access to site not granted by Judy Oakley.
February 10, 2003 Contacted Judy Oakley about preventing access of Planning & Health
Department Personnel onto property. This was a violation of Development
Standard #17. Inquired about Health and Planning personnel to do an on-
site inspection. Ms. Oakley indicated that property had been listed for sale.
February 26, 2003 Complaint received regarding USR-828.
February 26, 2003 Letter to Judy Oakley sent regarding potential noncompliance with USR-828
standards #1, 4, 17 and 19.
March 3, 2003 Contacted Judy Oakley regarding noncompliance issues and regarding
scheduling an inspection of the facility. Ms. Oakley unwilling to schedule
inspection at that time due animal health concerns (germs/viruses from
outside visitors).
March 3, 2003 Informed Ms. Oakley of"Probable Cause" hearing date for (VI-9900355).
March 10, 2003 Letter to Judy Oakley regarding "Probable Cause" Hearing date and listing
noncompliance with USR-828 standards #1, 4, 17 and 19.
March 24, 2003 Violation #VI-9900355 dismissed by the Board of County Commissioners.
February 2005 Zoning violation complaint received
February 2005 Sent 10-day letter to Judy Oakley regarding non-compliance issues
regarding her USR.
February 17, 2005 Contacted Judy Oakley regarding noncompliance issues and regarding
scheduling an inspection of the facility. Ms. Oakley unwilling to schedule an
inspection due to animal health issues.
Case Summary Continued
Page 3
March 7, 2005 Spoke to Judy Oakley. She indicated that she was in the process of selling
her property to LG Everest gravel company and purchasing a property in
eastern Colorado and selling her existing property. She indicated that she
plans to close on March 30, 2005.
March 10, 2005 Letter to Judy Oakley regarding "Probable Cause" Hearing date listing
noncompliance with USR-828 standards #3, #6  sent out via certified
mail.
Standard 3 Animal wastes shall be disposed of in a manner which will not cause a public health
nuisance.
Standard 6 Animal wastes shall be removed from primary enclosures daily or as often as necessary to
prevent contamination of the animals contained therein and to reduce disease hazards and odors.
Standard 19 The property owner or operator shall be responsible for complying with all of the foregoing
standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the
permit by the Board of County Commissioners.
Ms. Oakley has mentioned that she is in the process of selling her property and moving to eastern
Colorado. The Department of Planning Services has not received written evidence that this has occurred
or is in the process of occurring. Therefore, the Departments of Planning Services and Public Health &
Environment submit that adequate evidence has been presented to schedule a Show Cause Hearing to
consider revocation of the Use by Special Review permit(USR-828).
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
E-mail Address: cgathman@co.weld.co.us
pc
918 10`" Street, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
March 10, 2005
Judy Oakley
12236 Weld County Road 18
Fort Lupton, CO 80621
Subject: PUSR-828, USR-828, Part of the NW4 of Section 30, T2N, R66W of the 6th P.M., Weld County,
Colorado
Dear Ms. Oakley,
Notice is hereby given that on Monday, March 28, 2005, at 9:00 a.m., or as soon thereafter as the
agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld
County will hold a Probable Cause public hearing pursuant to Chapter 23, Article 11(2), Division 4, Section
23-2-270 of the Weld County Code. This meeting will take place in the Commissioner's Hearing Room,
Weld County Centennial Center, 915 10th Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number USR-828 for compliance with the
Development Standards as approved by the Board of County Commissioners on May 18, 1988 to
determine if probable cause exists to hold a hearing of revocation of USR-828.
Inspection by representatives of the Weld County Sheriff's Office have determined that you are not in
compliance with the following Development Standards:
Standard 3 Animal wastes shall be disposed of in a manner which will not cause a public health
nuisance.
Standard 6 Animal wastes shall be removed from primary enclosures daily or as often as
necessary to prevent contamination of the animals contained therein and to reduce disease
hazards and odors.
Standard 19 The property owner or operator shall be responsible for complying with all of the
foregoing standards. Noncompliance with any of the foregoing Standards may be reason for
revocation of the permit by the Board of County Commissioners.
•
If it is determined at the public hearing that there is probable cause that you are not in compliance with
USR-828, the Board of County Commissioners will schedule a Show Cause public hearing to consider
revocation of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at the
above address, telephone number or e-mail address. If you wish to see me personally, please call to
schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Chris Gathman
Planner II -AICP
pc: PUSR-828
USR-828
Board of County Commissioners
Bruce Barker, County Attorney
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PS Form 3800.June 2002
See Reverse for Instructions
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
I W W W.CO.W ELD.CO.US
E-mail Address: cgathman@co.weld.co.us
10'" Street, Greeley, CO 80631
Phone (970) 353-6100
• Fax (970) 304-6498
COLORADO
February 15, 2005
Judy Oakley
12336 County Road 18
Fort Lupton, CO 80621
Subject: USR-828, Part of the NW4 of Section 30, T2N, R66W of the 6th P.M., Weld County, Colorado
Dear Ms. Oakley:
Notice is hereby given that the property listed above,is not in compliance with USR-828(Special Use Permit).
All conditions of the original permit must be in compliance by February 28, 2005 or a Probable Cause public
hearing, pursuant Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County Code, will be
scheduled.
If the Probable Cause Hearing is scheduled,the purpose of this public hearing will be to review case number
USR-828, for compliance with the Development Standards, as approved by the Board of County
Commissioners on May 18, 2004, to determine if probable cause exists to hold a hearing on revocation of
the
permits.
Inspection by representatives of the Sheriff's office have determined that you are not in compliance with the
following Development Standards:
• Animal wastes shall be disposed of in a manner which will not cause a public health nuisance.
• Animal wastes shall be removed from primary enclosures daily or as often as necessary to prevent
contamination of the animals contained therein and to reduce disease hazards and odors.
• The property owner or operator shall be responsible for complying with all of the foregoing standards.
Noncompliance with any of the foregoing standards may be reason for revocation of the permit by the
Board of County Commissioners.
The Special Use Permit shall be limited to the plans shown hereon and governed by the Development
Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans
and/or Development Standards as shown or stated above shall require the approval of an amendment to the
Special Use Permit by the Planning Commission and the Board of County Commissioners before such
changes from the plans and/or Development Standards shall be permitted.
Any other changes from the plans and/or Development Standards shall be filed in the office of the Department
of Planning Services.
If it is determined at the public hearing that there is probable cause that you are not in compliance with USR-
828,the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation
of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an
appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
. AALate_
Chris Gathman
Planner II -AICP
pc: PUSR-828
Monica Mika, Planning Director
Kim Ogle, Lead Planner
Trevor Jiricek, Director, Public Health and Environment
Char Davis, Public Health and Environment
Gary Schwartz,Animal Control
Board of County Commissioners
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
It;r%.)
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DEPARTMENT OF PLANNING SERVICES
ID
Code Compliance Division
918 10'h Street, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3540
'/ Fax: (970) 304-6498
COLORADO C1� Ase -
ZONING and/or BUILDING CODE COMPLAINT FORMS
(�.Complaint Initiated by:
K ZONING CODE COMPLAINT X Staff/Name i..�❑�YY(l lJ2 J itizen 0 Other
• HEALTH DEPARTMENT Citizen's Name(If known):
X WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
O BUILDING CODE COMPLAINT
• PUBLIC WORKS/PEST&WEEDS l ray,
Date Complaint was received: a it-R )J
Pending Case (i.e.USR, RE SE, ect...):
ca(�t .� �. -ai-bo � 3acaoauat,
Legal Description: YClt" (SL LLJ k- a Mn 1 ` n..0;S Parcel#: 6)-fl-1n-("yin
Violation Address: kaaLD L,R,\%
Property Owners Name: w 1PJ \t -tat\ Phone:
Property Owners Address: Volt `n‘rkcC 1 lic)5Ci.O
Tenant's Name: Phone:
Tenant's Address: t
NATURE OF COMPLAINT: ULel I�1l'i r\Yt t, kA(1 C c dA snN •v\CT C Lcas
4c& c`Oakii ctp?
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Identify Results -- Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0025787 Parcel#: 130930000070
Tax Area: 2232 Bordering County:
Acres:4,94
Townshik Range Section Quart. Sec, Subdivison Name Block# Lot#
02 - 66 - 30 - 0 LUPTON MEADOWS DIVISION #3 - - 2
Owners Name&Address: Property Address:
OAKLEY JUDY A Street: 12236 18 CR
12236 COUNTY RD 18 City: WELD
FORT LUPTON, CO 80621
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
4/8/2003 $0 QCN 3060966
Legal Description
16228-C E4.94A L2 30-2-66 LUPTON MEADOWS LAND CO DIV #3 EXC A STRIP OF LAND CONVEYED BY DEED BK788 PG 487
SITUS: 12236 18 CR WELD
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Mobile Home 1135 Acres 4.94
Land Subtotal: 4.94 $81,510 $6,490
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Mobile Home
Improvements Subtotal: $31,089 $2,470
Total Property Value $112,599 $8,960
Building Details
Account#: R0025787 Parcel#: 130930000070
Owners Name&Address_ Property Address:
OAKLEY JUDY A Street: 12236 18 CR
12236 COUNTY RD 18 City: WELD
FORT LUPTON, CO 80621
Building* Property Type
1 Mobile Home
Individual Built As Detail
Built As: Double Wide Year Built: 1980
Exterior: Vinyl Siding HVAC: Forced Air
http://maps.merrick.com/W ebsite/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=13093... 02/14/2005
Identify Results -- Page 2 of 2
Interior Finish: Paneling Built As SQ Ft: 1344
#of Baths: 2 Roof Type: Gable
# of Bdrms: 3 Roof Cover: Metal Ribbed
# of Stories: 1
Rooms: 6 Units: 0
Garage::
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Mobile Home Details
MH Make MH Length MH Width
Titan 0
0
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13093... 02/14/2005
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i • I The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBS3-9-99)
2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND ME PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
3 CONTRACT TO BUY AND SELL REAL ESTATE D
4 (VACANT LAND—FARM—RANCH)
5 Date: March / /, 2005 ,
6 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the to s and
7 conditions set forth in this contract.
8 2. DEFINED TERMS.
9 a. Buyer. Buyer. L. G. Everist. Iac. , Iowa coroorat t)n or_permitted assigns ,
10 will take title to the real property described below as 0 Joint Tenants 0 Tenants In Common 0 Other _
11 b. Property. The Property is the following legally described real estate:
12 See Exhibit A attached hereto and made a part hereof by
13 this reference.
14
15
16
17
18
19
20 in the County of Weld ,Colorado,commonly known as 80621
21 No. 12236 weld County Road_ 18. Ft. Lupton Colorado Zip
Street Address City
State 22 together with the interests,easements,rights,benefits.improvements and attached fixtures appurtenant thereto,all interest of Seller
23 in vacated streets and alleys adjacent thereto,except as herein excluded.
24 c.Dates and Deadlines.
25 Item No. r Reference Event Date or Deadline
2¢ 1 § 5a • Loan Application Deadline MTh
27 2 § 511 Loan Commitment Deadline N/A
28 3 § 5c Buyer's Credit Information Deadline N/A
29 4 § 5c Disapproval of Buyer's Credit Deadline ''N/A
30 5 §5d Existing Loan Documents Deadline N/A
3I 6 §Sd Objection to Existing Loan Deadline N/A
32 7 § 5d Approval of Loan Transfer Deadline N/A
33 8 §6a Appraisal Deadline N/A
34 9 §7a Title Deadline 7 days after NEC
+
35 10 §7a Survey Deadline See Addendum
36 11 § 7h ' Document Request Deadline 7 days after MEC
37 12 §8a Title Objection Deadline 14 days after MEC
38 13 § 8b Off-Record Matters Deadline . 7 days after MEC
39 14 § 8h Off-Record Matters Objection Deadline 14 days after MEC
40 15 § 10 Seller's Property Disclosure Deadline 7 days after MEC
41 16 § l0a Inspection Objection Deadline See Addendum
42 17 § 10b Resolution Deadline See Addendum
43 18 § 11 Closing Date See Addendum
44 19 § 16 Possession Date At Closing.
45 20 § 16 Possession Time At Closing
46 21 §28 Acceptance Deadline Date
47 22 §28 Acceptance Deadline Time
48
49 The term " EC" will mean the date of mutual execution of this contract.
50
51 d. Attachments. The following exhibits,attachments and addenda are a part of this contract: Addendum; and
52 Exhibit A, the legal description of the Property.
53
54
55 e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation
56 "N/A"means not applicable.
57 3. INCLUSIONS AND EXCLUSIONS.
58 a. The Purchase Price includes the following items(Inclusions):
59 (1) Fixtures. if attached to the Property on the date of this contract,lighting,heating,plumbing,ventilating,and air con-
60 ditioning fixtures,inside telephone wiring and connecting blocks asks, plants,mirrors,floor coverings,intercom systems, sprinkler
61 systems and controls; and all existing buildings and fixtures currently located on the
62 Property subject to the terms of the Addendum.
63 '
64
65 I
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66
67
.,_ rnc,0_ea ..Iraroer-r1rnRID/ANOSRI.1.REAL ESTATE(VACANTLAND -FARM-RANCID) )
68 (2) Other Inclusions. If on the Property whether attached or not on the date of this contract:storm windows,storm doors.window and
69 porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods,storage sheds,and all keys.Check applicable box(es)if incl: vt•
70 O Smoke/F5reDetectors, O Security Systems; and all rights to all sand, gravel, aggregate, and stone
71 and any other valuable solid minerals lying on, in and under the Property.
72
73
74 (3) Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows: there are no trade fixtures
75 located on the Property.
76
77
78 (4) Water Rights. The following legally described water rights: any and all water and water rights, wells
79 and well rights associated with the Property, ditch and ditch rights, specifically inclu—
80 ding but not limited to four shares in the Lupton Meadows Ditch Company and all water
81 represented thereby, reservoir and reservoir rights, whether adjudicated or not, and
82 whether tributary, nontributary or not-nontributary, which are appurtenant to the Propert)
83 (5) Growing Crops. With respect to the growing crops,Seller and Buyer agree rs follows: there are no growing
84 crops on the Property.
85
86
87
88
89
90 b. Instruments of Transfer. The Inclusions are to be conveyed at Closing free an:.:clear of all taxes,liens and encumbrances,except as
91 provided in§ 12. Conveyance shall be by bill of sa188ureeic li t k l iit[rument(s).Any water rights shall be conveyed by the re-
92 quired ditch company transfer/ der_dor other applicable legal instrument(s).The deed for water rights
93 c. Exclusions. The following attached fixtures are excluded from this sale: See Addendum.
94
95
96
97 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U. S.Dollars by Buyer as follows:
98 IternNo. Reference item • Amount
99 1 §4 Purchase Price I I III II1
100 -I _ UIt. 1 III II
101 3 §44 New Loan - -- ' N/A
102 4 §4c Assumpdoithaianc N/A
103 5 6 4d Seller or Private Financine ::.:<. :: N/A
104 6 §4e Cash at Closing 290,000.00
105 , 7 TOTAL S 300,QIl0_0O S300.000.00
106 a. Earnest Money. The Earnest Money set forth in this Section,in the form ofCBBuyer's c9rporate check , is part pay-
107 ment of the Purchase Price and shall be payable to and held by Security Title / ar nu se acccoomoauntyon behalf of both Seller and
108 Buyer. The parties authorize delivery of the Earnest Money deposit to the Closing Company,if any,at or before Closing. See Addendum.
109
110 .This loan will be secured by a (1st,2nd,etc.)deed of trust.
111 The tot:. ran amount, not in excess of$ , shall be amortized over a period of • years
112 O months,payable . approximately$ per including principal and inte •. not to exceed
113 % per annu +Ins,if required by Buyer's lender,a deposit of of the estimated annual real es taxes and property
114 insurance premium. If the lo:. art adjustable interest rate or graduated payment loan,the payments and interest rate' ally shall not exceed the
115 figures set forth above.
116 Loan discount points,if any,sha paid to lender at Closing and shall not exceed %oft.- _Qtal loan amount. Notwithstanding
117 the loan's interest rate,the first ] .' discount points shall be paid by ,and the
118 balance,if any,shalt be paid by
119 Buyer shall timely pay Buyer's loan costs and a origination fee not to exceed %of the loan amount.
120 c. Assumption. Buyer agrees to assume and pay i. xisting loan in the app • ate amount of the Assumption Balance set forth in this
121 Section, presently payable at $ per including principal.interest presently at- % per
122 annum,and also including escrow for the following as indicated: ■ =I F .. a Taxes, O Property Insurance Premium.and
123
124 Buyer agrees to pay a loan transfer fee not to exceed$ . t the time of assumption,the new interest rate shall not exceed
125 -% per annum and the new payment shall not d $ principal and interest, plus escrow, if any. If the
126 actual principal balance of the existing loan at Closing' ,ss than the Assumption Balan . hich causes the amount of cash required from Buyer
127 at Closing to be increased by more than$ ,then O Buyer May Terms this contract effective upon receipt by Seller of
128 Buyer's written notice of termination or O
129 Seller ❑Shall O Shall Not be eased from liability on said loan. If applicable,compliance • the requirements for release from lia-
130 biiity shall be evidenced by deliv t Closing of appropriate letter of commitment from lender. Cost payab .r release of liability shall be paid
131 by in an amount not to ex d $
132 d. Seller or Priv• 'naming. Buyer agrees to execute a promissory note payable to:
133 ,as O Joint Tenants ■ ,nts in Common
134 O Other ,on the note form as indicated: CI(UCCC-No Default Ra . NTD 82-3-95
135 O(Del' Rate) NTD 81-11-83 ❑Other secured by a (1st,2n. tc.)deed
136 of .st encumbering the Property, using the form as indicated: O Strict Due-On-Sale (TI) 72-7-96) O Creditworthy (TD . -96)
137 (TD 71 7 ).Cl t L. - •
* shall be a bargain and sale deed.
138 _ .
139 of the promisso (1st, 2nd,etc.) lien on the personal property included in this sale. The promissory note sha . ortized
140 on the basis of • ears O months,payable at$ per uding principal and
141 interest at the rate of % • • m. Payments shall commence and shall be due on the
142 day of each succeeding , if not sooner paid, the b . principal and accrued interest shall be due
143 and payable after Closing. Payments 0 Shall O Shall Not be
144 increased by of estimated annual real estate I: , • Shall O Shall Not be increased by - of
145 estimated annual property insurance premium. The to - . also contain the . terms: if any payment is not received within
146 calendar days after its due •: ate charge of % of such month .. nt shall be due. Interest on lender dis-
147 hursements under the deed oft •- %per annum. Default interest rate shall be • r annum_ Buyer may prepay
14-8 without a penalty e • -
149
15$ - . .
151 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing,plus Buyer's closing costs,shall be in funds which
152 comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check and
153 cashier's check(Good Funds).
154 . F!NAhiCR4O-CONIMTIO'i0 AND ODLIONTIOFF40.
155 . oan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan,or if an existing loan is not to be r- ...
156 at Closing, . er,if required by such lender, shall make written application by Loan Application Deadline(§ 2c). Buyer shall coo•• rte with
157 Seller and lcnde • obtain loan approval,diligently and timely pursue same in good faith, execute all documents and furnish all - nnation and
158 documents required : ender,and,subject to §4,timely pay the costs of obtaining such loan or lender consent. Buyer ag o satisfy the rca-
159 sonable requirements of Cr, and shall not withdraw the loan or assumption application, nor intentionally cause an ange in circumstances
160 which would prejudice lender • •roval of the loan application or funding of the loan.
161 b. Loan Commitment. ' tyer is to pay all or part of the Purchase Price by obtaining a new loan pecified in§ 4b. this contract is
162 conditional upon Buyer obtaining awn • loan commitment including, if required by lender, (1) lend -rification of employment, (2) lender
163 approval of Buyer's credit-worthiness, (3) •cr verification that Buyer has sufficient funds to c ••, and (4) specification of any remaining
164 requirements for funding said loan. This conditi. tall be deemed waived unless Seller recei . mm Buyer,no later than Loan Commitment
165 Deadline (§ 2c), written notice of Buyer's inability t• •btain such loan commitment. if ••yer so notifies Seller, this contract shall terminate.
166 IF BUYER WAIVES THIS CONDITION BUT DOES ` CLOSE,BUYER Si ,BE IN DEFAULT.
167 c. Credit Information. If Buyer is to pay all or part o •- Purchase • . y executing a promissory note in favor of Seller or if an exist-
168 ing loan is not to be released at Closing,this contract is conditional r Sc s approval of Buyer's financial ability and creditworthiness, which
169 approval shall be at Seller's sole and absolute discretion. in such case' yer shall supply to Seller by Buyer's Credit Information Deadline
170 (§ 2c), at Buyer's expense, information and documents concerni •uyer's cial,employment and credit condition; (2) Buyer consents that
171 Seller may verify Buyer's financial ability and creditworthin• . including obtaim . current credit report);(3)any such information and docu-
172 ments received by Seller shall be held by Seller in co -rice, and not released to of except to protect Seller's interest in this transaction;
173 (4)if Seller does not provide written notice of Sellc ' sisapprnval to Buyer by Disapproval t uyer's Credit Deadline(§2c),then Seller waives
174 this condition. If Seller does provide written • e of disapproval to Buyer on or before said da• is contract shall terminate.
175 d. Existing Loan Review. If.• fisting loan is not to be released at Closing,Seller shall pro copies of the loan documents(includ-
176 ing note,deed of trust,and any mo . cations)to Buyer by Existing Loan Documents Deadline(§2c). Thi • tract is conditional upon Buyer's
177 review and approval of the • isions of such loan documents. If written notice of objection to such loan docu its, signed by Buyer, is not
178 received by Seller by • hjection to Existing Loan Deadline(§2c),Buyer accepts the terms and conditions of the ments. If the lender's
179 approval of a Ira r of the Property is required,this contract is conditional upon Buyer's obtaining such approval without c'• e in the terms of
180 such loan, ept as set forth in§ 4c.If lender's approval is not obtained by Approval of Loan Transfer Deadline(§2c),this co • •t shall ter-
181 min. .n such date. If Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as se • h in
182 4 .%1.; a p': - •
183 6. APPRAISAL PROVISIONS.
184 a. Appraisal Condition. This subsection a. ❑Shall ',Shalt Not apply.
185 Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation determined by
186 an appraiser engaged by N/A .The contract shall terminate by Buyer giving Seller
187 written notice of termination and either a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than
188 the Purchase Price,received on or before the Appraisal Deadline(§2c). if Seller does not receive such written notice of termination on or before
189 the Appraisal Deadline(§ 2c),Buyer waives any right to terminate under this subsection.
190
191 7. EVIDENCE OF TITLE.
192 a. Evidence of Title;Survey. On or before Title Deadline(§2c),Seller shall cause to be furnished to Buyer,at Seller's expense,a cur-
193 rent commitment for owner's title insurance policy in art amount equal to the Purchase Price or if this box is checked, O An Abstract of title
194 certified to a current date. if a title insurance commitment is furnished,it ®Shall O Shall Not commit to delete or insure over the standard
195 exceptions which relate to:
196 (I) parties in possession,
197 (2) unrecorded easements,
198 (3) survey matters.
199 (4) any unrecorded mechanics'liens,
200 (5) gap period (effective date of commitment to date deed is recorded),and
201 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing.
202 Any additional premium expense to obtain this additional coverage shall be paid by Illi Buyer O Seller. "ia lasom••' •" aamaa
203 --',VItie cost of any improvement location certificate or survey shall be paid by je!1 Buyer O Seller. s
204 -.. oant, shall pc-y-thc-eiree. The improvement location certificate or survey shall
205 be received by Buyer on or before Survey Deadline(§ 2c). Seller shall cause the title insurance policy to be delivered to Buyer as soon as practi-
206 cable at or after Closing.
207 b. Copies of Exceptions. On or before Title Deadline($2c), Seller,at Seller's expense,shall furnish to Buyer,(1) a copy of any plats,
208 declarations,covenants,conditions and restrictions burdening the Property,and (2)if a title insurance commitment is required to be furnished,and
209 if this box is checked 2 Copies of any Other Documents (or,if illegible, summaries of such documents) listed in the schedule of exceptions
210 (Exceptions). Even if the box is not checked,Seller shall have the obligation to furnish these documents pursuant to this subsection if requested
211 by Buyer any time on or before the Document Request Deadline(§2c). This requirement shall pertain only to documents as shown of record in
212 the office of the clerk and recorder(s). The abstract or title insurance commitment,together with any copies or summaries of such documents fur-
213 nished pursuant to this Section,constitute the title documents (Title Documents). 'DI
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214 8. TITLE.
215 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of tuunerchantability of title or o
216 any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of Buyer and given to Seller on or befor
217 Title Objection Deadline(§ 2c),or within five(5)calendar days after receipt by Buyer of any Title Document(s)or endorsement(s)adding nev
218 Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s)to title. If Seller does not receive Buyer'
219 notice by the date(s)specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
220 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline(§ 2c)true
221 copies of all lease(s)and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title
222 matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine i
223 any third party(ies)has any right in the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,or houndar)
224 line discrepancy). Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or or
225 behalf of Buyer and given to Seller on or before Off-Record Matters Objection Deadline(§ 2c), if Seller does not receive Buyer's notice b)
226 said date, Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge.
227 c. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTED.
228 NESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH
229 DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND
230 EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN
231 THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL
232 LEVIES.BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERALOBLIG-
233 ATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
234 INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
235 In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result,if written notice is
236 received by Seller on or before Of Record Matters Objection Deadline(§2c),this contract shall then terminate. If Seller does not receive Buyer's
237 notice by such date,Buyer accepts the effect of the Property's inclusion in such special taxing district(s)and waives the right to so terminate.
238 d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)or commitment tetras
239 as provided in §8 a or h above,Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to
240 Closing. If such unsatisfactory title condition(s)are not corrected on or before Closing,this contract shall then terminate;provided,however,Buyer
241 may, by written notice received by Seller,on or before Closing, waive objection to such items.
242 e. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully.
243 Additionally,other matters not reflected in the Title Documents may affect the title,ownership and use of the Property,including without limits-
244 tion boundary lines and encroachments,area,zoning,unrecorded easements and claims of easements,leases and other unrecorded agreements,and
245 various laws and governmental regulations concerning land use,development and environmental matters. The surface estate may he owned sep-
246 arately from the underlying mineral estate,and transfer of the surface estate does not necessarily include transfer of the mineral rights.
247 Third parties may hold interests in oil,gas,other minerals,geothermal energy or water on or under the Property,which interests may give
248 them rights to enter and use the Property. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult
249 legal counsel with respect to all such matters as there are strict time limits provided in this contract(e.g.,Title Objection Deadline[§2c]and Off-
250 Record Matters Objection Deadline[§2c]).
251 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for which a
252 building permit was issued prior to January 1, I978, this contract shall be void unless a completed Lead-Based Paint Disclosure (Sales) form is
253 signed by Seller and the required real estate licensee(s),which must occur prior to the parties signing this contract.
254 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline(§ 2c), Seller agrees to pro-
255 vide Buyer with a written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's current actual knowledge.
256 a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s)of the physical condition of the Property and Inclusions,
257 at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer shall,on or
258 before Inspection Objection Deadline(§2c);
259 (1) notify Seller in writing that this contract is terminated,or
260 (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct(Notice to
261 Correct),
262 if written notice is not received by Seller on or before Inspection Objection Deadline(§2c), the physical condition of the Property and
.263 Inclusions shall be deemed to be satisfactory to Buyer.
264 b. Resolution Deadlint,. If a Notice to Correct is received by Seller and if Buyer and Seller have nor agreed in writing to a settlement
265 thereof on or before Resolution Deadline(§ 2c),this contract shall terminate one calendar day following the Resolution Deadline(§ 2c),unless
266 before such termination Seller receives Buyer's written withdrawal of the Notice to Correct.
267 c. Damage;Liens;Indemnity. Buyer is responsible for payment for all inspections,surveys,engineering reports or for any other work
268 performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall
269 not permit claims or liens of any kind against the Property for inspections, surveys,engineering reports and for any other work performed on the
270 Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller harmless from and against any liability, damage,cost or expense
271 incurred by Seller in connection with any such inspection,claim,or lien. This indemnity includes Seller's right to recover all costs and expenses
272 incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees. The provisions of this subsection shall survive the ter-
273 urination of this contract. -
274 11. CLOSING. Delivery of deed(s)from Seller to Buyer shall be at Closing(Closing).Closing shall be on the date specified as the Closing
275 Date(§2c)or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by mutual agreement or
276 otherwise at the offices of the closing/escrow agent.
277 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and
278 provisions hereof,Seller shall execute and deliver a good and sufficient General Warranty deed to Buyer,at Closing,
279 conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein, title shall be con-
280 veyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's signature hereon,
281 whether assessed or not. Title shall be conveyed subject to:
282 a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accor-
283 dance with§8a[Title Review],
284 h. distribution utility easements,
285 c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were
286 accepted by Buyer in accordance with§8b [Matters Not Shown by the Public Records], and
287 d. inclusion of the Property within any special taxing district,and
288 e. the benefits and burdens of any declaration and party wall agreements,if any,and
289 f. other N/A
290 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this
291 transaction or from any other source,
292 14. CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good Funds, their respective Closing costs and
293 all other items required to be paid at Closing,except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or rca-
294 sonably required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by 'One-Half by Buyer and
295 One-Half by Seller 0 Buyer 0 Seller 0 Other N/A
296 The local transfer tax of N/A %of the Purchase Price shall be paid at Cosier, by ❑ Buyer O Seller. Any sales and use ax that may
297 accrue because of this transaction shall be paid when due by 0 Buyer DISeller.
7c,
298 15. PROBATIONS. The following shall he prorated to Closing Date,except as otherwise provided:
299 a. Taxes. Personal property taxes,if any, and general real estate taxes for the year of Closing,based on
300 1$The Taxes for the Calendar Year Immediately Preceding Closing O The Most Recent Mill Levy and Most Recent Assessment
301 O Other
302 b. Rents. Rents based on 0 Rents Actually Received 13 Accrued. Security deposits held by Seller shall be credited to Buyer. Seller
303 shall assign all leases to Buyer and Buyer shall assume such teases.
304 c. Other Proration. Water,sewer charges; and interest on continuing loan(s),if any; and N/A
305 •
306 d. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final_
307 16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and Possession Time (§ 2c), subject to
308 the following lease(s)or tenancy(s): See Addendum_` however nn tenancies eta]1 be permitted gther than
309 the lease hick of the Property from Buyer to Seller en mnre parriru7Arly descrihed_jn
310 the Addendum. No subleases or other leases willtbe permitted.
3 l 1 If Seller,after Closing,fails to deliver possession as specified,Seller shall be subject to eviction and shall be additionally liable to Buyer for
312 payment of$ N/A per day from the Possession Date(§ 2c)until possession is delivered.
313 17. NOT ASSIGNABLE_ This contract shall not be assignable by Buyer without Seller's prior written consent, Except as so restricted,this
314 contract shall inure to the benefit of and be binding upon the heirs,personal representatives, successors and assigns of the parties.
315 18. CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract,the Property,
316 Inclusions or both shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted.
317 a. Casualty;Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing,in an amount
318 of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before the Closing Date(§ 2c). In the event
319 such damage is not repaired within said time or if the damages exceed such sum,this contract may he terminated at the option of Buyer by deliv-
320 ering to Seller written notice of termination. Should Buyer elect to carry out this contract despite such damage,Buyer shall be entitled to a credit,
321 at Closing, for all the insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners'associ-
322 ation,if any,plus the amount of any deductible provided for in such insurance policy,such credit not to exceed the total Purchase Price.
323 b. Damage; Inclusions;Services. Should any Inclusion(s)or service(s) (including systems and components of the Property,e.g. heat-
324 ing,plumbing,etc.)fail or be damaged between the date of this contract andttosing or possession,whichever shall be earlier,then Seller shall be ---
325 liable for the repair or replacement of such Inclusion(s)or service(s)with a unit of similar size,age and quality,or an equivalent credit,but only
326 to the extent that the maintenance or replacement of such Inclusion(s),service(s)or fixture(s)is not the responsibility of the owners'association,
327 if any,less any insurance proceeds received by Buyer covering such repair or replacement.The risk of loss for any damage to growing crops,by.
328 fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in§ 3 and such party shall be entitled to such
329 insurance proceeds or benefits for the growing crops,if any.
330 c. Walk-Through;Verification of Condition. Buyer,upon reasonable notice,shall have the right to walk through the Property prior to
331 Closing to verify that the physical condition of the Property and Inclusions complies with this contract.
332 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,Buyer and Seller acknowledge that the Selling
333 Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title
334 and consultation with legal and tax or other counsel before signing this contract. -
335 20. TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof. if any note or check received as Earnest Money hereunder or
336 - any other payment due hereunder is not paid, honored or tendered when due,or if any other obligation hereunder is not performed or waived as
337 herein provided,there shall be the following remedies:
338 a. If Buyer is in Default:
339 0 (1) Specific Performance. Seller may elect to treat this contract as canceled,in which case ail payments and things of value received
340 hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat
341 this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both.
342 Or (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of
343 Seller and both parties shall thereafter be released from all obligations hereunder. it is agreed that such payments and things of value are LiQUI-
344 DATED DAMAGES and (except as provided in subsection c) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the
345 obligations of this contract, Sellerexpressly waives the remedies of specific performance and additional damages.
346 h. If Seller is in Default: Buyer may elect to treat this contract as canceled,in which case all payments and things of value received
347 hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force
348 and effect and Buyer shall have the right to specific performance or damages,or both.
349 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract,the arbitrator or court shall award to the pre-
350 veiling party all reasonable costs and expenses,including attorney fees.
351 21. MEDIATION. If a dispute arises relating to this contract,prior to or after Closing,and is not resolved, the parties shall first proceed in
352 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
353 dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is
354 binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation,unless oth-
355 erwise agreed,shall terminate in the event the entire dispute is not resolved 30 calendar days from the date written notice requesting mediation is
356 sent by one party to the other(s).This Section shall not alter any date in this contract,unless otherwise agreed.
357 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract,Buyer and Seller agree that,in the event of any con-
358 troversy regarding the Earnest Money and things of value held by tttrwr Closing Company(unless mutual written instructions are received by
359 the holder of the Earnest Money and things of value),iairrr Closing Compaay shall not be required to take any action but may await any pro-
360 seeding;or at iiPeiwieler Closing Company's option and sole discretion,may ib1erplead all parties and deposit any moneys or things of value into
361 a court of competent jurisdiction and shall recover court costs and reasonable attorney fees., not to exceed $500.00.
362 23. TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the
363 parties shall be relieved of all obligations hereunder, subject to§§ 10c,21 and 22.
364 24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.)
365 SEE ADDENDUM FOR ADDITIONAL PROVISIONS
366
367
368
369
370
371
372
373
374
375
376
377
378 * on not less than 30 days prior written notice
#C1
379 24. ADDITIONAL PROVISIONS.(Cont). (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.)
380
38)
382
383
384
385
386 25. ENTIRE AGREEMENT; SUBSEQUENT MODIFICATION; SURVIVAL. This contract constitutes the entire contract between the
387 parties relating to the subject hereof,and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into
388 this contract. No subsequent modification of any of the terms of this contract shall he valid, binding upon the parties,or enforceable unless made
389 in writing and signed by the parties. Any obligation in this contract which, by its terms.is intended to be performed after termination or Closing
390 shall survive the same.
391 26. FACSIMILE Signatures *May O May Not be evidenced by facsimile. Documents with original signatures shall be provided to the
392 other party at Closing,or earlier upon request of any party.
393 27. NOTICE. Except for the notice requesting mediation described in§21.any notice to Buyer shall be effective when received by Buyer
394 stiorliteliistroiiionTaser and any notice to Seller shall be effective when received by Seller cialLiaiimprisompuipso
395 28. NOTICE OF ACCEPTANCE; COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and Seller,as evi-
396 denced by their signatures below, and the offering party receives notice of acceptance pursuant to § 27 on or before Acceptance Deadline Date
397 and Acceptance Deadline Time($ 2c). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document
398 may be executed by each party,separately,and when each party has executed a copy thereof, such copies taken together shall be deemed to be a
399 fill. d c tegigitractbttween the artier.
1 1, , an oua corporation yam/
400 Title: //1 �I �i'�f'�S
$ate
401 Date of Buyer's Signature: - // b S T,€5ayeec fAraftare.
402 Buyer'sAddress: 7321 E. 88th Avenue, Suite 200, Henderson, Colorado 80640
403 Buyer's Telephone No: (303) 286-2249 Buyer's Fax No: (303) 289--1348
404 OTE: If 's off s hei _ :torte o• ' jetted,do not sign this document. Refer to*29)
407 ate of Selle s Signature: i(l.tav gt annzeg
408 Seller's Address: 12236 1ioJ d County ljad_, Fart Ltp.ton, Colorado 80621
409 Seller's Telephone No: Seller's Fax No:
410 29. COUNTER; REJECTION. This offer is 0 Countered ❑Rejected.
411 Initials only of party(Buyer or Seller)who countered or rejected offer
412 ' END OF CONTRACT
413 Note: Closing Instructions should be signed on or before Title Deadline.
414 . . .. . _ . •. . _ _.. ..
whi .t a party to the contract, agrees to cooperate upon request with any mediation conducted under§21.
415 Selli _ ompany Brokerage Relationship.The Selling Company and its licensees have been engaged in this transaction as 0 : . er Agent
0 Seller Agen.. bagent ❑Dual Agent 0 Transaction-Broker. _
416 Listing Compa 3rokerage Relationship.The Listing Company and its licensees have been engaged in this trans:. '. as ❑Seller Agent
417 O Dual Agent ❑Trans: 'on-Broker.
418 BROKERS'COMPENSATION D ' LOSURE.
419 Selling Company's compensation or corn ion is to be paid by: 0 Buyer 0 Seller 0 Listing C r pany ❑Other
420
421 (To be completed by Listing Company) Listing Co .• y's compensation or commissio to be paid by:
422 O Buyer O Seller 0 Other •
423 Selling Company:
N.• . ompany
424 By..
Signature Date
425 Selling Company's Address:
426 Selling Company's Telephone No: Selling Company's Fax •.
427 Listing Company:
Name of Company
428 By:
Signature Date
429 Listing pany's Address:
430 let;..g Con.pa.ri'e Ce.t4e..,'e fe.t N.,1 •
ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE
VACANT LAND FARM AND RANCH
THIS ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE VACANT
LAND FARM AND RANCH (this "Addendum") is attached to and made part of the Ad endum
to Contract to Buy and Sell Real Estate / Vacant Land/Farm and Ranch, dated March , 2005,
by and between L.G. EVERIST, INC., an Iowa corporation ("Buyer"), and JUDY A. OAKLEY
("Seller"). In the event of any conflict between the terms of this Addendum and the terms of the
Contract to which it is attached, the terms of this Addendum shall control. This Addendum,
when taken together with the Contract to which it is attached, shall constitute a single
"Contract".
1. Copies of Documentation Pertaining to the Property. Seller will provide to
Buyer, within five (5) days after execution of the Contract, copies of any and all surveys, tests,
studies, investigations, environmental audits and applications pertaining to the Property which
are in Seller's possession and control and which have not previously been delivered to Buyer.
2. Inspection Contingencies.
(a) Buyer shall have a period of fourteen (14) days from and after the date of
mutual execution of this Contract ("MEC") (the "Inspection Period") during which to:
(i) conduct such inquiries, tests, evaluations, environmental site assessments, studies and other
due diligence on or concerning the Property as Buyer deems necessary or desirable in order to
determine any additional factors as may affect Buyer's decision whether to purchase the Property
(collectively, the "Additional Inspection"), and (ii)obtain and review the Title Documents and
Survey. In the event that Buyer either: (a)is dissatisfied with the results of the Additional
Inspection for any reason, in Buyer's sole and absolute discretion, or (b)Buyer objects to any
state of title as revealed by the Title Documents or Survey, then Buyer may, at any time on or
before the end of the Inspection Period (the "Inspection Objection Deadline" or "Title Objection
Deadline"), at its option, (i) terminate this Contract by notice in writing to Seller, or (ii)notify
Seller in writing of the exact nature of its objection, in which event Seller shall and Buyer shall
have until the end of the Permitting Contingency Period (the "Resolution Deadline") in which to
resolve such objections to the reasonable satisfaction of Buyer. In the event that Seller and
Buyer are unable to reach mutual agreement on how to resolve any such objections by the
Resolution Deadline, Buyer may, at its option, (i)accept the Property without such objections
being cured, or (ii) terminate this Contract by notice in writing to Seller. In the event that Buyer
shall terminate this Contract pursuant to the provisions hereof (but without default of Seller),
Seller is hereby authorized to obtain and retain the Earnest Money.
(b) Buyer shall have a period of fourteen (14) days from and after MEC (the
"Permitting Contingency Period") during which to apply for, process and obtain preliminary or
final approvals for changes in land use, mining permits and other approvals (collectively
"Permits and Approvals") as Buyer deems necessary to permit Buyer to conduct sand and gravel
mining, extraction, processing and related activities on the Property and to develop a sealed
water storage pond thereon (collectively, the "Permitting Process"). Buyer agrees to exercise all
reasonable diligence in pursuing the Permitting Process, and Seller agrees to provide all
cooperation reasonably requested by Buyer to apply for, process and obtain the Permits and
Approvals. In the event that Buyer is unable to obtain final or acceptable conditional approval of
the Permits and Approvals, or to otherwise satisfy itself that the Permits and Approvals will be
. issued in the ordinary course of business, in the reasonable judgment of Buyer, then Buyer may,
at any time on or before the end of the Permitting Contingency Period, at its option, (i) terminate
this Contract by notice in writing to Seller, or (ii)accept the Property without such Permits and
Approvals having been obtained. In the event that Buyer shall terminate this Contract pursuant
to the provisions hereof, Seller is hereby authorized to obtain the Earnest Money and Buyer
hereby agrees to release the Earnest Money to Seller.
3. Lease Back. Seller and Buyer hereby agree that, subsequent to the Closing Date,
Buyer will lease only the main house located on the Property back to Seller for a period of up to
one year at a rental rate of$50.00 per month. The form of lease will be mutually agreed upon by
Seller and Buyer prior to the Closing Date and will be executed by both parties at Closing. The
lease will provide that if Seller remains in possession of the Property after the expiration of the-
Addendum to Vacant Land Contract
Everist/Oakley Property/Fort Lupton
646634.2
initial term of the lease(without execution of a new lease or an agreement extending the term of
. the existing lease), Seller will be deemed to be occupying the Property as a month-to-month
tenant subject to all of the terms of the lease which are applicable to a month-to-month tenancy
at a rental rate of$500.00 per month until such time as the month-to-month tenancy is terminated
by either party thereto in accordance with Colorado law. In addition to the foregoing, at no
additional rental cost to the Seller, Buyer will provide in the above-referenced lease, that Seller
will have the right to lease back the remainder of the Property from Buyer (in addition to the
leasing of the main house) in order to permit Seller to continue to operate and maintain Seller's
dog kennels currently located on the Property. However, notwithstanding the foregoing, Seller's
rights to use the remainder of the Property for kennel purposes will expire upon the first to occur
of: (a)June 30, 2005; or (b)the date upon which Seller is able to reasonably occupy new kennel
facilities constructed by Seller on another property.
4. Exclusions and Right to Remove Existing Fixtures and Trailer. The following
attached items/fixtures are excluded from this sale: the trailer currently located at the back of the
existing house near the dog kennels, the dog kennels and all fencing on the Property and chain
link panels which are used in connection with the dog kennels (collectively, the "Excluded
Items"). However, notwithstanding the foregoing, any of the Excluded Items remaining on the
Property subsequent to September 1, 2005 shall become the property of Buyer and will be
subject to demolition by Buyer, and Seller shall forfeit any and all rights with respect to any such
Excluded Items remaining on the Property after that date. The terms of this paragraph shall
survive the closing of the transaction evidenced by this Contract.
5. Closing Date; Closing Conveyances. Closing ("Closing") shall occur on a date
("Closing Date") which shall be March 30, 2005 (unless this Contract has been terminated by
either party prior to that date in accordance with the terms hereof). At Closing, Seller will
execute and deliver to Buyer (a)the deed conveying the Property as provided in Section 11 of
the preprinted portion of this Contract (the "Deed"), (b) a bargain and sale deed conveying the
water rights, (c)an assignment, with general warranties of title, of four shares of stock in the
Lupton Meadows Ditch Company, together with such additional documents as may be required
by such Ditch Company to effect a transfer of ownership of such shares of stock to Buyer, (d) the
title company's irrevocable commitment to insure title to the Property in form and substance
approved by Buyer pursuant to Sections 7 and 8 of the preprinted portion of this Contract; and
(e) such other and additional instruments of conveyance as may be reasonably required or
requested in order to fully implement the terms of this Contract.
6. Access Prior to Closing. Following the mutual execution of this Contract, Buyer
shall have the right to enter the Property to conduct any inspections, tests, investigations and
other due diligence as Buyer deems reasonably necessary; provided that (a)such entrance and
Buyer's activities on the Property shall not unreasonably interfere with Seller's current use of the
Property; and (b)Buyer shall at all times comply with all applicable laws and ordinances relating
to Buyer's activities.
7. Indemnification Against Liens; Insurance. Buyer shall pay all costs and
expenses with respect to all tests, studies and investigations it may undertake or perform, or
cause to be performed in accordance,with Paragraphs 2 and 6 hereof and shall indemnify and
hold Seller harmless from and against all such costs and expenses and any claims, demands or
actions therefor, including reasonable attorneys' fees incurred by Seller in the defense of any
such claim,demand or action.
In addition, if any mechanics' or other lien is filed against the Property arising out
of or related to such tests, studies or investigations, or the Permitting Process, Buyer, within
thirty (30) days after notice from Seller of the filing for record of a notice of intent to file any
such lien, shall cause such lien to be satisfied and/or discharged of record, at Buyer's sole cost
and expense, unless Buyer promptly disputes such lien and provides adequate security against
such lien as provided by law. Buyer's failure to cause the lien to be satisfied and/or discharged
of record or provide such adequate security as provided by law shall be deemed a default by
Buyer under the terms of the Contract.
Buyer shall maintain general public liability insurance with insurance carriers
authorized to do business in Colorado and in amounts customarily obtained by Buyer, and, upon
the request of Seller, shall provide a certificate of insurance to Seller showing Seller s an
2 Addendum to Vacant Land Conic
Everist l Oakley Property/Fort Lupton
646834.2
additional insured thereunder. Buyer shall at all times carry workmen's compensation insurance
in amounts which satisfy the requirements of Colorado law.
8. Exchange. Seller may elect to have the closing of the Property effected through a 1
tax-deferred exchange in compliance with the Internal Revenue Code §1031 and the regulations y" :_
promulgated thereunder. In the event of such election the Buyer agrees to cooperate with Seller.
Buyer's agreement to provide reasonable cooperation to Seller in effecting any such tax-deferred
exchange shall be on the condition that the exchange transaction shall not create any liability on, ��4
/
or exposure to liability by Buyer, which would not be created but for the proposed exchange,
shall be without any additional expense to Buyer, and shall not require or result in any extension II
or delay of the Closing Date. 063 - 11(f-
41‘
9. No Change In Condition. Seller covenants and agrees not to lease, option,
encumber (whether voluntarily or involuntarily), or enter into any other contract for the sale or
disposition of the Property or the water rights, without the prior written consent of Buyer, which
consent will be within the Buyer's sole discretion.
10. Future Changes In Property. Seller understands and acknowledges that some
or all of the Property may change ownership after the Closing Date, and that the intended end use
for the Property will be as a water storage and water transmission facility to be owned by a yet to
be determined purchaser. Seller agrees not to object to any such future use, or to any transfer to
any such user, or to any land use changes that may be applied for and sought in order to permit
or promote such use. The provisions of this paragraph shall survive the Closing and delivery of
the conveyance documents contemplated hereby, and the ultimate water storage owner(s)
operator(s)shall be designated third party beneficiaries of this paragraph.
11. Representations of Seller. Seller hereby represents to Buyer that the facts
recited below are true and accurate as of the date hereof and will be true and accurate on the
Closing Date. If, prior to the Closing Date, Seller discovers that one or more of such facts are
untrue or inaccurate it will inform Buyer in writing of its discovery. In the event Seller informs
Buyer of any untrue or inaccurate facts, Buyer may, at its option, terminate this Contract by
notice in writing to Seller, and Buyer shall be and is hereby authorized to obtain and retain the
Earnest Money. It is expressly agreed that no Inspection by or on behalf of Buyer shall in any
way modify, affect or diminish the representations and warranties of Seller contained herein. In
accordance with the immediately preceding sentences, Seller represents to Buyer as follows:
(a) Seller has good and marketable title to the Property, subject only to the
encumbrances and other exceptions identified in the Title Documents accepted by Buyer, and has
full right, power and authority and has taken all requisite action to enter into this Contract and to
sell and convey the Property to Buyer as provided in this Contract and to carry out its obligations
as set forth hereunder.
(b) Except as disclosed by those instruments recorded in Weld County, CO at
Reception Nos. 2060213, and 2188747, the sand, aggregate, stone and gravel reserves lying in,
on and under the Property have not been conveyed, leased or otherwise encumbered.
(c) To the best of'Seller's knowledge, information and belief, there are no
violations of any federal, state, county or municipal law, ordinance, order, regulation, or
requirement affecting any portion of the Property. Seller has not received notice, written or
otherwise, from any governmental or quasi-governmental agency of any such violations, or
requiring the correction of any condition with respect to the Property, or any part thereof.
(d) There is no action, suit, proceeding, or claim affecting Seller or the
Property or any portion thereof relating to or arising out of the ownership, operation, use, or
occupancy of the Property pending or being prosecuted in any court or by or before any federal,
state, county, or municipal department, commission, board, bureau, or agency or other
governmental instrumentality nor, to the knowledge of Seller, is any such action, suit,
proceeding, or claim threatened or being asserted.
(e) To the best of Seller's knowledge, information and belief, there is no
pending condemnation or similar proceeding affecting the Property or any portion thereof. Seller
has not received any notice, written or otherwise, and has no knowledge that any such
proceeding is contemplated. v
3 Addendum to Vacant Land C ract
Everist/Oakley Property/Fort Lupton
646819.2
(1) Seller has not received any notice, written or otherwise, and otherwise has
no knowledge of any pending improvement liens or special assessments to be made against the
Property by any governmental authority.
(g) No work has been performed or is in progress by Seller or Seller's tenant
at (if applicable), and no materials have been furnished to, the Property or any portion thereof,
which might give rise to mechanics', materialmans', or other liens against the Property or any
portion thereof.
(h) No consent or approval of any person, entity, or governmental agency or
authority is required with respect to the execution and delivery of this Contract by Seller or the
consummation by Seller of the transactions contemplated hereby or the performance by Seller of
its obligations hereunder.
(i) There are no attachments, executions or assignments for the benefit of
creditors, receiverships, conservatorships, or voluntary or involuntary proceedings in bankruptcy
or pursuant to any debtor relief laws contemplated or filed by Seller or pending against Seller or
the Property.
(j) There are no options, contracts, or other obligations outstanding for the
sale, exchange,or transfer of the Property or any portion thereof or any interest therein.
(k) To the best of Seller's knowledge, information and belief, there has been
no lawful or unlawful disposal, discharge, deposit, infection, dumping, leaking, spilling, placing
or escape of any Hazardous Substance in violation of any Hazardous Materials Laws on, in,
under or from the Property or any portion thereof and there is and will be no facility in or on any
of the Property or any portion thereof which is used for the treatment, storage or disposal of any
Hazardous Substance. Seller has received no summons, citation, directive, letter or other
communication, written or oral, from any governmental authority concerning any intentional or
unintentional action or omission on Seller's part which has resulted in the releasing, spilling,
leaking, pumping, pouring, emitting, emptying or dumping of any Hazardous Substance to or
from the Property into any waters or unto any lands or where damage may have resulted to the
lands, waters, fish, shellfish, wildlife, biota, air or other natural resources. For purposes of this
section, the term "Hazardous Substance" is used in this Contract in its very broadest sense and
shall mean and include, without limitation, asbestos and any substance containing asbestos, the
group of organic compounds known as polychlorinated biphenyls, flammable explosives,
radioactive materials, chemicals known to cause cancer or reproductive toxicity, and also refers
to pollutants, effluents, contaminants, emissions or related materials that, because of their
quantity, concentration or physical, chemical or infectious characteristics, may cause or post a
present or potential hazard to human health or the environment when improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. "Hazardous
Substance" shall include, but is not limited to, any and all hazardous or toxic substances,
materials or waste defined by or listed under any of the Hazardous Materials Laws, including
without limitation those substances listed in the United States Department of Transportation
Table (49 C.F.R. 172.1010 as amended) or by the Environmental Protection Agency as
hazardous substances (40 C.F.R. Part 302 as amended). "Hazardous Substance" shall
specifically include,but not be limited to, petroleum including crude oil and any fraction thereof.
"Hazardous Materials Laws" collectively means and includes any present and future local, state
and federal law relating to the environment and environmental conditions including without
limitation, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. § 6901,
et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), 42 U.S.C. §§ 9601-9657, as amended by the Superfund Amendments and
Reauthorization Act of 1986 ("SARA"), 42 U.S.C. § 11001, et seq., the Federal Water Pollution
Control Act, 33 U.S.C. § 1251, et seq. the Clean Air Act, 42 U.S.C. § 741, et sue, the Clean
Water Act, 33 U.S.C. § 7401, et seq., the Toxic Substances Control Act, 15 U.S.C.
§§ 2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§ 300f-300j, the Solid Waste Disposal
Act, 42 U.S.C. § 3251, et seq. the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et
sea. The Colorado Underground Storage Tank Act, C.R.S. 25-18-101, et seq. and all similar
federal, state or local environmental statutes and ordinances and the regulations, orders, decrees
now or hereafter promulgated thereunder, with respect to the specific property at issue. The term
"Governmental Authority" or "Governmental Authorities" includes the United States, the State
of Colorado, the various counties in which the Property is located, and any political subdivision
4 Addendum to Vacant Land Contract
Everist/Oakley Property/Fort Lupton
646!34.2
of any of the foregoing, and any agency, department, commission, board, bureau or
instrumentality, or any of them which exercises jurisdiction over the Property or any part thereof.
(1) Condemnation, If, prior to Closing, all or any part of the Property shall
be taken in a condemnation or under the right of eminent domain or proceedings for that purpose
shall be pending, Buyer may, by written notice to Seller, elect to terminate this Contract and all
monies paid hereunder and any interest thereon shall be returned to Buyer. If not so terminated,
this Contract shall remain in full force and effect notwithstanding such condemnation or taking,
and Seller shall upon Closing pay to Buyer any sums collected by Seller by reason of such
condemnation or taking. In addition, Seller shall assign to Buyer all unpaid awards or other
payments arising out of such condemnation or taking and any rights of Seller against the
condemning authority. Seller shall not voluntarily compromise, adjust or accept any amounts
payable by reason of such occurrence without the Buyer's prior written consent, which consent
shall not be unreasonably withheld.
12. Attorneys' Fees. In the event that any party commences any action or
proceeding against the other in order to enforce the provisions of the Contract or hereof or in
order to obtain damages for the alleged breach of any provisions of the Contract or hereof, the
prevailing party therein shall be entitled to recover, in addition to any amounts or relief otherwise
awarded, all reasonable costs incurred in connection therewith, including reasonable attorneys'
fees if so awarded by the court.
13. Entire Agreement- Binding Effect. The Contract and this Addendum represent
the entire agreement between the parties hereto, and other than as is expressly set forth herein,
there are no other terms, conditions, promises,understandings, statements or representations with
respect to the subject transaction. This Agreement shall be binding upon the parties hereto and
upon their successors, assigns, heirs and legal representatives. No waiver or amendment of the
Contract or this Addendum or any terms or conditions thereof or hereof shall be valid unless in
writing and duly executed by both parties hereto.
14. No Brokers. Buyer and Seller each represent and warrant to the other that they
have not engaged the services of a real estate broker or salesperson or other with respect to the
subject matter of this Contract. Each party agrees to indemnify, defend and hold the other
harmless for any fees, success fee, commission or other compensation which may be claimed or
asserted by any real estate broker, salesperson or other person, claiming by or through the
respective party in contravention of their representation set forth herein.
15. Notices. All notices or demands under this Contract shall be in writing and shall
be deemed given and received when delivered personally, or on the first business day following
deposit with a nationally-recognized overnight courier service, or on the third business day
following deposit in the United States Mail, sent First Class,postage prepaid.
All notices shall be given to the respective parties at the following addresses, until
further written notice. Notice must be given to one of the Primary Notice Parties to be effective.
The Secondary Notice Party is made a part of this provision for courtesy purposes only.
Seller: y.
Judy A. Oakley
12236 Weld County Road 18
Fort Lupton, Colorado 80621
With a copy to:-
Attention:
5 Addendum to Vacant Land Contract
Everlst/Oakley Property/Fort Lupton
646834.2 \
Buyer:
L.G. Everist, Inc.
7321 East 88th Avenue, Suite 200
Henderson, Colorado 80640
Attention: Dennis Fields
With a copy to:
Otten, Johnson, Robinson, Neff&
Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attention: Randall G. Alt
16. Limitation on Contracting. Until the Closing Date or termination of this
Contract, Seller shall not enter into any agreement affecting the Property without Buyer's prior
written consent, which consent shall not be unreasonably withheld.
17. Permitted Assignment. Notwithstanding the provisions of Paragraph 17 of the
preprinted portion of this Contract, Buyer shall have the right to assign this Contract without
Seller's consent to Andesite Rock Company, a Colorado corporation, at any time at or prior to
the Closing Date.
18. Authority; Binding Effect. Each of the signatories to this Contract represent and
warrant that they have all requisite power and authority to execute this Contract and to bind the
party on whose behalf they are signing, that such execution and delivery has been duly
authorized by all requisite action of such party, and that upon such execution and delivery, this
Contract shall be binding on such party.
19. Governing Law. This Contract concerns real property located in the State of
Colorado. This Contract and the transactions contemplated herein shall be interpreted and
enforced according to the laws of the State of Colorado, excluding its choice of law rules.
20. Counterparts. This Contract may be executed in counterparts which, when taken
together, shall constitute but one and the same document.
21. Release of a Portion of the Earnest Money to Seller. The title/escrow agent is
hereby authorized by Seller and Buyer to deliver up to $2,000.00 of the Earnest Money to Seller
upon satisfaction of the following conditions:
(a) Seller has delivered to title/escrow agent and Buyer a copy of a purchase
contract, executed by both Seller (as the buyer thereunder) and the current owner of such
property for the purchase/sale of another property located in Lincoln County, Colorado, requiring
up to a $2,000.00 earnest money deposit to be made by Seller pursuant to the terms of such
contract; and
(b) Seller has made a written request (signed by Seller) to title/escrow agent
and Buyer for the release of such funds, stating therein the exact amount of such funds requested
by Seller as the earnest money deposit for Seller's new property.
Seller hereby acknowledges and agrees that, notwithstanding the above provisions of this
Section 21, if the Earnest Money is required to be returned to Buyer under the provisions of this
Contract due to a Seller-default hereunder, Seller shall be liable for the return to Buyer of any
funds withdrawn by Seller from the title/escrow agent in accordance with this Section 21. The
provisions of this paragraph will survive the Closing and delivery of the conveyance documents
contemplated hereby.
[Remainder of page intentionally left blank.]
6 Addendum to Vacant Land Contract
aaba�+.2 Everist J Oakley Property/Fort Lupton
BUYER:
L. G. Everist, Inc., an Iowa corporation
By: -�-�
Its: /ift4il. �• U i'5 ;cr►-�
LLER:
dy A. o ey
7 Addendum to Vacant Land Contract
Evertst I Oakley Pro rty I Fort Lup
44161 1L
EXHIBIT A
Legal Description of Property
The East 4.94 acres of Lot 2 of Section 30, in Township 2 North, of Range 66 West of the 6th
P.M., according to the Division No, 3 Plat of the Lupton Meadows Land Company; excepting a
strip of land as conveyed by Deed recorded in Book 788 at Page 487, Weld County Records,
County of Weld,
State of Colorado.
Exhibit A Addendum to Vacant Land Contract
Page 1 Everi er Property/Fort Lupton
646634.;
Mar 28 OS 0S : 43a 303-772-6789
p. 1
CULVER VETERINARY RYSiRAL
14534 N. 107th Street
•
Longmont, Colorado 80504
Phone 303-772-3688
March 25,2005
Chris Gaflman
Weld County Planning Commission;
On February 9,2005, I inspected the kennel owned by Judy Oakley. Everything seemed in order. The large kennel
at the rear of the property housed 2 or 3 dogs per run,and did not appear overcrowded. All had been cleaned earlier
that morning. Smaller breeds were in a Sundowner facility which was clean and warm. The dogs all had access to the
outside. All dogs had food and water in their kennels.
Bitches with liners were housed in large,wire bottomed crates indoors in the heated grooming area of the kennel.
There was an exercise area where the bitches could be let out to exercise and eliminate.
She has a small group of American hairless terriers which live in the house and have access to an outdoor run
through a small opening in the wall.These dogs need extra care and extra warmth and are kept separate from the rest
of the kennel population.
There were a several coated dogs with long hair,none of which appeared excessively matted. This is to be expected
since it is too early in the year to clip them down.I have visited this kennel 5 or 6 times over the last 7 years.Most
previous visits were during the summer and all dogs had been clipped short.No dogs were thin, injured or ill.A few
were too fat, but that is expected when they are feed free choice. One dog,a middle-aged Miniature Pinscher had a
large hernia. I took her with me. She has been spayed and has had the hernia repaired. She has been housetrained
and was given to a couple with several other rescued dogs of the same breed.
Since then I have helped Judy Oakley to remove several more dogs from her kennel. Two old retirees were
euthanized because they were becoming frail.Another older female was spayed and placed in a home. She also gave
me 5 older puppies that she had not been able to sell. Those were neutered and donated to an animal rescue for
adoption.
Sincerely,
trifren,J
Millissa Culver, DVM
4
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EVENING HOURS,UNINCORPORATED WELD COUNTY,RESIDENTIAL LOCATION. RESPONDED TO THIS ADDRESS REFERENCE
A DISTURBANCE. UPON ENTERING THE BUILDING KNOWN AS THE KENNEL THE AMMONIA AND FECES SMELL WAS VERY
STRONG,OVERWHELMING AND BREATHTAKING. REQUEST THE CONDITION OF THESE ANIMALS BE FOLLOWED UP ON.
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Summary ftarrahve)
a
ON APPROXIMATELY 012905,MYSELF AND RESERVE DEPUTY DOCKERTY,WCR023,RESPONDED TO THE ADDRESS OF 12236
WELD COUNTY ROAD 18,FORT LUPTON,COLORADO. OUR RESPONSE WAS IN REQUEST FOR A CALL FOR SERVICE FOR A
DISTURBANCE.
WHILE ON SCENE,WE WERE TAKEN BY MISS JUDITH OAKLEY TO THE BUILDING LOCATED ON THE SOUTH EDGE OF HER
PROPERTY,WHICH WAS DESCRIBED TO US AS BEING THE KENNEL. THIS BUILDING WAS ALSO THE HOUSING QUARTERS
FOR ONE OF HER EMPLOYEES,TERESA HUNT.
UPON ENTERING THIS BUILDING KNOWN AS THE KENNEL,IT WAS OBSERVED THAT THERE WERE SEVERAL WIRE KENNELS
STACKED ON TOP OF EACH OTHER,TWO TO THREE DEEP. INSIDE THESE KENNELS WERE SMALL.DOGS THAT RESEMBLED
TERRIERS AND POMERANIANS. ALSO INSIDE THESE KENNFT S WERE OBSERVED THAT THERE WAS A BLANKET FOR SOME
SORT OF PADDING THAT THE DOGS WERE USING TO LIE ON. I DID OBSERVE THAT THERE WERE DISHES INSIDE THESE
KENNELS,ALTHOUGH I DO NOT KNOW THAT THESE DISHES CONTAINED FOOD OR WATER.
IT WAS OBSERVED THAT THE AMMONIA ODOR INSIDE THIS BUILDING WAS VERY STRONG AND MADE IT VERY DIFFICULT
TO BREATHE INSIDE THIS BUILDING. THE ODOR WAS SO STRONG THAT IT TOOK YOUR BREATH AWAY. AFTER BEING
INSIDE THIS BUILDING FOR APPROXIMATELY 45 SECONDS TO A MINUTE,THE ODOR WAS SO OVERPOWERING THAT I WAS
NOT ABLE TO REMAIN INSIDE THIS BUILDING.
I DID NOT OBSERVE THE PHYSICAL CONDITION OF MORE THAN ONE DOG. THE DOG THAT I DID OBSERVE APPEARED TO
BE HEALTHY AND WAS WAGGING ITS TAIL. THIS DOG WAS A SMALL POMERANIAN DOG WITH BLACK HAIR,WEIGHING J
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