HomeMy WebLinkAbout20041078.tiff ADDENDUM TO LEASE
THIS ADDENDUM is made part and parcel of that certain Business Lease by and
between HCP Ventures, LLLP ("Landlord") and Terry L. Douglass and Charles W.
Tweedy (hereinafter collectively referred to as "Tenant") this ?/6.74— day of
tflAc , 2003. In the event that the terms of this addendum vary,
modify or con ict with the printed Business Lease form, the terms of this Addendum
shall be deemed to control.
I. It is hereby agreed that the Tenant shall use the property in their business for the
sole purpose of a heavy equipment operator and truck driver training school. Any
other use without the written permission of the Landlord shall be deemed as a
breach of the lease and the Landlord may take immediate action to void the lease
and evict the Tenant.
2. There shall be no hazardous materials, chemicals, pesticides, liquids or petroleum
products of any kind whatsoever stored or used upon the property by the Tenant
except the normal small amounts that are contained in the fuel tanks, crankcases
or similar compartments of Tenant's trucks or heavy equipment. Any such
petroleum products or antifreeze that is spilled upon the property shall be
immediately removed according to all applicable governmental regulation. Any
breach of this provision shall void the lease and be cause to immediately evict the
Tenant by Landlord.
3. The mobile home unit and all other improvements upon the property are rented on
an "As Is"basis. Tenant shall have the opportunity to inspect the mobile home unit
and all improvements in order to determine if said improvements are in a
condition satisfactory for Tenants intended use.
4. Provided that Tenant is in full compliance of the Lease and all addendums thereto,
and if they are not able to obtain the necessary Governmental Authority to operate
the heavy equipment operator and truck driver training school facility, they may
cancel the lease and receive a refund of any unused advance rent paid on a pro-
rata basis. Further, if Tenant is in full and complete compliance of the Lease and
all addendums thereto, the Tenant may receive a refund of the security deposit
paid.
5. Landlord and Tenant are aware of and acknowledge that Landlord is in the
process of performing reclamation activity on approximately 22 acres of the
Property, pursuant to a Reclamation Permit issued by the Colorado Division of
2004-1078
Geology to Winslow Construction Company. Much of the reclamation required
pursuant to the Permit has been performed and approximately two-thirds of the
Reclamation Bond has been released as a result of the performance thereof.
Tenants represents and warrants that none of the activities permitted by this
Agreement for any activities conducted by Tenant during the lease term shall
interfere with or impede the orderly and diligent satisfaction of the requirements
of the permit. Landlord or its contractors shall be granted unrestricted access to
the permit area in order to perform any function Landlord deems necessary to
satisfy the requirements of the permit. Further, Tenant shall not perform any
activity to disturb the permitted area until such time as the Colorado Department
of Minerals and Geology fully releases the reclamation bond.
In the event that Tenant keeps livestock (written permission by Landlord is
required) on the property, then Tenant agrees to fence the permitted area and shall
keep all animals from entering said permitted area.
6. At the conclusion of the lease Tenant, shall reclaim and restore the property to the
condition that existed prior to the commencement of this lease. The Tenant shall,
prior to disturbing any land area; remove and stock pile the Topsoil to a minimum
depth of 6 inches. At the-conclusion of the lease, any area so disturbed shall be
re-graded and reclaimed, the Topsoil replaced and seeded to the condition and
grade that existed prior to any activities of the Tenant. Tenant's security deposit
shall not be refunded until such time as this condition is fully satisfied and the
seeded areas have achieved reasonable growth.
7. The Landlord, HCP Ventures, LLLP, entered into an"Agreement For Purchase
And Sale"related to the property with Terry L. Douglas, Charles W. Tweedy and
Karen L. McDade under an agreement dated June 28, 2002. The purchase and
sale was never completed and the agreement expired. A copy of the agreement is
attached to this addendum and labeled as Exhibit"B". During the first two years of
the lease, the Tenant's shall have the option to purchase the property for cash or
certified funds in the amount of$210,000.00 or under substantially the same
terms and conditions, purchase price, interest rates and down-payment that were
agreed to under the above-mentioned agreement. The Tenant shall have this
option to purchase the property only if they have fully and faithfully complied
with the terms of the Lease and all addendums. If Tenant purchases the property
during the first two years of the lease, then$1,400.00 of the rent paid each month
shall be applied to the purchase price. This option to purchase the property may
not be assigned to any other party or parties and shall expire and be of no effect
on February 1, 2004. In order to exercise this option Tenant shall so notify
Landlord in writing, delivered to Landlord by Certified Mail, Return Receipt
Requested, at least 45 days prior to the closing of the sale.
8. Tenant acknowledges that Landlord is not the owner of the mineral rights that are
associated with the property. Recently, an oil and gas well was drilled on the on
the property. Landlord does not have knowledge as to if further drilling is
anticipated. Tenant agrees to fully co-operate with the Landlord and the owners
of the mineral rights, with respect to access to the property as well as co-operated
with respect to any other matter as may be required by law.
9. Tenant shall pay to Landlord, as and for additional rent, an amount equal to any
and all real property taxes levied, assessed or allocated to the subject property,
including without limiting the generality of the foregoing, any real property taxes
or tax levied in lieu thereof, or due to the ownership or operation of the subject
property (including special assessments created by formation of a special
improvement district or created in any other manner) for any period d included in
the Lease Term or any extensions thereof, and all such taxes levied or assessed
thereon for any period, part of which is included in the Lease Term, such taxes
shall be prorated. Tenant shall pay to Landlord such taxes within ten (10) days
after presentation of a statement form Landlord setting forth such taxes and in no
event, later than March 31 of each year.
10. Tenant at its sole cost and expense shall keep in full force and effect, at all times
during the Lease or extension thereof, the following insurance:
a) Fire and extended-coverage insurance insuring the lease premises and all
buildings, additions, alterations thereof in an amount equal to the full
replacement value with the broadest possible coverage("all risk"form)on a
minimum of 80% co-insurance form insuring against all risks of direct
physical loss.
b) General public liability, bodily injury and property damage comprehensive
insurance coverage insuring against claims of any and all personal injury,
death or damage occurring in or about the leased property, with a single
limit coverage of not less than $1,000,000.00 on an"occurrence" form an
including contractual liability coverage for the performance by Tenant of
any indemnity obligation set forth herein.
c) Worker's Compensation Insurance insuring against and satisfying Tenant's
obligations and liabilities under the Workman's Compensation Laws o'f the
State of Colorado.
11. Tenant's Insurance shall name landlord and such other persons or firms as
Landlord specifies from time to time as additional insured. Original or copies of
the original policies (together with copies of the endorsement naming Landlord,
and any others specified by Landlord as additional insured) and any evidence of
the payment of all premiums of such policies will be made available for
inspection to Landlord prior to the Lease Commencement Date and on each
anniversary thereof upon request by Landlord. Tenant shall provide to Landlord a
valid Certificate of Insurance indicating such coverage's prior to the
Commencement Date of The Lease and on each anniversary date thereof. All
public liability and property damage liability policies maintained by Tenant will
contain a provision that the Landlord and any other additional insured's will be
entitled to recover under such policies for any loss sustained by them, their agents
r
and employees as a result of the acts or omissions of Landlord. Tenant's Insurance
shall provide that it may not be terminated or amended except after 30 days' prior
written notice to Landlord. All public liability, property damage, liability and
casualty policies maintained by Tenant shall be written as primary policies, not
contributing with and not supplemental to coverage that landlord may carry.
12. Landlord and Tenant each waive any and all rights to recover against the other or
against the offices, directors, shareholders, partners,joint venturers, employees,
agents, customers, invitees or business visitors of such other party, for any loss or
damage to such waiving party arising from any cause which is covered or
required to be covered by the insurance which is required to be carried by such
party pursuant to this Lease, or which is covered by any other insurance actually
carried by such party, to the extent of the limits of such policy. Landlord and
Tenant, from time to time, shall cause their respective insurers to issue
appropriate endorsements to all policies of insurance carried in connection with
the Leased Premises or the contents of the Leased Premises, which endorsements
waive such insurer's subrogation rights under such policies against the
beneficiaries of this waiver. Tenant shall cause all other occupants of the Leased
Premises claiming by, under or through Tenant to execute and deliver to Landlord
such a waiver of claims and to obtain such a waiver of claims and to obtain such a
waiver of subrogation rights endorsements.
13. Without Landlord's prior written consent, which shall not be unreasonably
withheld, Tenant shall not carry any stock of goods or do anything in or about the
Leased Premises which would in any way tend to increase insurance rates or
invalidate any policy on the Leased Premises or the Building or insuring
Landlord's operation of the Building. If Landlord shall consent to such use,
Tenant agrees to pay, as additional rent, any increase in premiums for insurance
against loss by standard fire and extended coverage resulting from the business
carried on in the Leased Premises by Tenant. If Tenant installs any electrical
equipment that overloads the power lines to the Building, Tenant shall at its own
expense make whatever changes are necessary to comply with the requiremerfts of
insurance underwriters and insurance rating bureaus and governmental authorities
having jurisdiction.
14. In addition to the matters set forth in paragraph I above, if the whole of the
Leased Premises are acquired or condemned by eminent domain(or conveyed by
Landlord in lieu of such exercise) for any public or quasi-public use or purpose,
then this Lease shall terminate as of the date of title vesting in such proceeding
(the "Termination Date"). In such event, all Rent shall be paid up to the
Termination Date, and Tenant shall have no claim against Landlord for the value
of any unexpired Lease Term. If a part of the Leased Premises are so taken
except as described in paragraph I of the addendum and such partial taking shall
be so extensive that Tenant is unable to operate in the remainder substantially the
same business being conducted on the Leased Premises immediately prior to such
taking, then from the day of such taking and for a period of ten days thereafter,
Tenant shall have the right either to terminate this Lease by giving written notice
thereof within said period to Landlord or, alternatively,to continue in the
possession of the remainder of the Leased Premises under the terms herein
provided, except that the Rent shall be reduced in such just proportion as the
nature, value and extent of the part so taken bears to the whole of the Leased
Premises. In the event of a partial taking which is not extensive enough to render
the leased Premises totally unsuitable for the business of Tenant, the Landlord
shall promptly restore the Leased Premises to a condition comparable to its
condition at the time of such taking, less the portion lost in the taking, and this
Lease shall continue in full force and effect. Notwithstanding the foregoing, a
taking as described in paragraph I shall not be deemed a partial taking for
purposes of this paragraph.
15. In the event of any condemnation or taking as aforesaid, whether in whole or in
part, Tenant shall not be entitled to any part of the award paid for such
condemnation, and Landlord shall receive the full amount of such award, Tenant
hereby expressly waiving any right or claim to any part thereof, including but not
limited to, all damages as compensation for diminution in value of the leasehold,
reversion, and fee. Although all damages in the event of any condemnation or
taking are to belong to Landlord, Tenant shall have the right to claim and recover
from the condemning authority, but not from Landlord, such compensation, if
any, as may be separately awarded by Tenant in Tenant's own right, in a separate
proceeding, on account of any and all damage to Tenant's business by reason of
the condemnation and for or on account of any cost or loss which Tenant might
incur in removing Tenant's merchandise, furniture, fixtures, leasehold
improvements and equipment.
16. Any entry or occupancy upon the Leased Premises by Tenant prior to the Lease
Commencement Date, even though rent free or for Tenant's Work build-out
purposes, shall be at Tenant's sole risk and shall in all respects be the same as that
of a Tenant under this Lease; in addition, Tenant shall not, during any such
occupancy, interfere with Landlord's Work either to the Leased Premises or td the
Building. All rights of Tenant under this Section shall be subject to the
requirements of all applicable building codes and zoning requirements so as not to
interfere with Landlord's obtaining a certificate of occupancy for the Leased
Premises. Landlord shall not be responsible nor have any liability whatsoever at
any time for loss or damage to Tenant's Work or to fixtures, equipment or other
property of Tenant installed or placed by Tenant on the Leased Premises.
17. By occupying the Leased Premises as a Tenant or to complete Tenant's Work and
install fixtures, facilities or equipment, Tenant shall be deemed conclusively to
have accepted the Leased Premises and to have acknowledged that the Leased
Premises are in the condition required by Tenant, except for issues concerning
environmental conditions or hazards existing on the premises and prior to Tenant's
occupancy or which were caused by Landlord or its predecessors in title. Tenant
does not assume any liability for any such condition. In no event shall Landlord
be obligated to repair or have liability to Tenant for defects, latent or otherwise.
Tenant acknowledges that neither Landlord nor Landlord's agents or employees
have made any representations or warranties as to the suitability or fitness of the
Leased Premises for the conduct of Tenant's business or for any other purpose,nor
has Landlord or its agents or employees agreed to undertake any alterations or
construct any improvements to the Leased Premises.
18. Tenant shall maintain, replace, repair and keep all parts of the Leased Premises
(which include but are not limited to, interior wall surfaces, doors, door hardware,
plumbing, electrical, and mechanical equipment which exclusively serve the
Leased Premises), in good order, operating condition and repair. Tenant shall
also keep the Leased Premises in a clean sanitary and safe condition in
accordance with all directions, rules and regulations of any health officers,
building inspectors or other proper officers of the governmental agencies having
jurisdiction, and shall dispose of all trash and waste materials in outside trash
containers. Tenant shall, at its sole cost and expense, comply with all
requirements of law, ordinances and other rules and regulations now in force or in
force after the Execution Date, which affect the Leased Premises. Tenant shall
permit no injury to the Building or Leased Premises, and shall, at its own cost and
expense, replace with glass of the same quality any damaged or broken glass,
including plate glass or other breakable materials used in structural portions of
any interior or exterior windows and doors on the Leased premises. In addition,
Tenant shall, at its own cost and expense, replace any light bulbs, frames, ballasts,
and accessory parts thereof on the Leased Premises that may be broken or
damaged during the Lease Term. At the expiration of the Lease Term, Tenant
shall surrender the Leased Premises broom clean in as good order as existed on
the Ready for Occupancy Date, reasonable wear and tear excepted. Landlord
shall be required to repair or maintain the roof and walks for structural defects,
unless caused by Tenant's acts or omissions.
19. At all times during the Lease Term, Tenant covenants and agrees to pay, prior to
delinquency, the costs and charges for all utilities, including but not limited td
gas, propane, electricity, water and sewer used and consumed by Tenant, its
employees, agents, servants, customers and other invitees in the Leased Premises,
and to the extent possible shall contract for the same in its own name and on
separate meters. Throughout the duration of Tenant's occupancy of the Leased
Premises, Tenant shall keep meters and installation equipment in good working
order and repair at Tenant's sole cost and expense; failure to do so may allow
Landlord to cause such meters and equipment to be replaced or repaired, and
collect the cost thereof from Tenant as Additional Rent. If any utility cannot be
separately metered or separately determined, Tenant agrees to pay its share
thereof(plus 15% of such pro rata share, to compensate Landlord for its
administrative and overhead expenses), which shall be determined by a flow
meter to be installed by Landlord. Landlord does not warrant or guarantee the
continued availability of any or all of the utility services necessary or desirable for
the use of the Leased Premises by Tenant. In no event shall the interruption,
diminution or cessation of such availability be construed as an actual or
constructive eviction of Tenant, nor shall Tenant be entitled to any abatement of
its Rent obligations under this Lease on account thereof. Landlord reserves the
right to stop the service of any or all of the utilities hereinabove described when
such stoppage is necessitated by reason of accident, repairs, inspections,
alterations or improvements, or is otherwise reasonably required, until any of the
same have been completed. In such event, Landlord shall not be deemed guilty of
a breach of this Lease, nor shall Tenant be entitled to any abatement of its Rent
obligations under this Lease on account thereof.
20. Tenant shall not, under any circumstances, make alterations or additions to the
exterior or structural portions of any Building. Tenant shall make no alterations or
additions to the interior of the Leased Premises, including equipment or
appliances installed in connection with the transmission or delivery of the utilities,
without first delivering to Landlord the plans and specifications therefore and
obtaining Landlord's written consent which shall not be unreasonably withheld.
Tenant shall promptly pay for the costs of all such alterations and additions
regardless of the cost, and shall indemnify Landlord against liens, costs, damages
and expenses incurred by Landlord in connection therewith, including any
attorneys' fees incurred by Landlord, if Landlord shall be joined in any action or
proceeding involving such work. Landlord may, at its option, pay sums due in
order to release such liens, in which event any such sums paid by Landlord shall
be due to Landlord by Tenant, as Additional Rent, upon demand. Under no
circumstance shall Tenant commence any such work until Landlord has been
provided with certificates evidencing that all the contractors and subcontractors
performing such work have in full force and effect adequate workmen's
compensation insurance as required by the laws of the state in which the property
is situated and public liability and builders risk insurance in such amounts and
according to terms satisfactory to Landlord.
21. Within Five days after notifying Landlord of any planned erection, construction,
alteration, removal, addition, repair or other improvement, Tenant shall post and
keep posted until completion of such work, in a conspicuous place upon the
doors, entryways and gates providing entrance to the Leased premises, and shall
personally serve upon such contractors or sub contractors performing such work,
a notice, in the form provided by local law, stating that Landlord's interests in the
Property shall not be subject to any lien for such work.
22. Tenant will neither hold nor attempt to hold Landlord or its employees or agents
liable for, and Tenant will defend, indemnify and hold harmless Landlord, its
employees and agents from and against (except for those specific events that are
directly caused by Landlord's acts of negligence or deliberate acts directly caused
by Landlord or its agents) any and all demands, claims, causes of action, fines,
penalties, damage (including consequential damages), liabilities,judgments and
expenses (including, without limitation, attorneys' fees) incurred in connection
with or arising from:
a) The use or occupancy or manner of use or occupancy of the Leased
Premises by Tenant or any person claiming under Tenant;
b) any activity, work or thing done, permitted or suffered by Tenant in or
about the Leased Premises, the Property;
c) any acts, omissions or negligence of Tenant or any person claiming under
Tenant, or the contractors, agents, employees, invitees or visitors of
I enant or any such person;
d) any breach, violation or nonperformance by Tenant or any person
claiming under Tenant or the employees, agents, contractors, invitees or
visitors of Tenant or any such person of any term, covenant or provision of
this Lease or any law, ordinance or governmental requirement of any kind;
e) any injury or damage to the person, property or business of Tenant, its
employees, agents, contractors, invitees, visitors or any other person
entering upon the Premises, or the Common Areas under the express or
implied invitation of Tenant; except for any injury or damage to persons or
property which are covered by Landlord's Insurance.
23. If any action or proceeding is brought against Landlord or its employees by
reason of any such claim for which Tenant has indemnified Landlord, Tenant,
upon notice from Landlord, will defend the same, at Tenant's expense, with
counsel reasonably satisfactory to Landlord.
24. Tenant, as a material part of the consideration to Landlord for this Lease, by this
Section waives and releases all claims against Landlord, its employees and agents
with respect to all matters for which Landlord has disclaimed liability pursuant to
the provisions of this lease. Tenant covenants and agrees that Landlord and its
employees will not at any time or to any extent whatsoever be liable, responsible
or in any way accountable for any loss, injury, death or damage (including
consequential damages) to persons, property or Tenant's business occasioned by
any cause, either ordinary or extraordinary.
25. Tenant, for itself, its successors and assigns, covenants that it shall not assign,'
sell, pledge, mortgage, encumber or in any manner transfer this Lease or any
interest therein, nor sublet the Lease premises or any part or parts thereof, nor
permit occupancy by anyone with, through or under it without the prior written
consent of Landlord in each instance, which shall not be unreasonably withheld.
Any assignment or sublease in violation of this paragraph shall be void. If this
Lease is assigned, or if the Leased Premises or any part of the Leased Premises
are subleased or occupied by anyone other than Tenant, Landlord may, after an
Event of Default by Tenant, collect rent from the assignee, subtenant or occupant
and apply the net amount collected to Rent. No assignment, sublease, occupancy
or collection will be deemed a waiver of the provisions of this paragraph, the
acceptance of the assignee, subtenant or occupant as tenant, or a release of Tenant
from the further performance by Tenant of covenants on the part of Tenant
contained in this Lease. Consent by Landlord to an assignment or sublease will
not be construed to relieve Tenant from obtaining Landlord's prior written consent
to any further assignment or sublease. No permitted subtenant may assign or
encumber its sublease or further sublease all or any portion of its subleased space,
or otherwise permit subleased space or any part of its subleased space to be used
or occupied by others, without Landlord's prior written consent in each instance.
26. Any and all development fees, impact fees, subdivision improvement, application
fees, review fees, tap fees and any other costs, fees, assessments, obligations or
levies associated with Tenants obtaining or attempting to obtain a change in land
use for the Property shall be borne exclusively by Tenant. Tenant shall indemnify
and hold Landlord harmless from any and all claims, sums, obligations, loses,
damages, cost and expenses, including attorney's fees, of any kind or nature
arising out of or resulting form Tenants' change of land use activities.
27. Tenant covenants and agrees to pay to Landlord a late payment penalty for any
installment of Rent that Tenant fails to pay when due in an amount equal to the
greater of$100.00 or 5% of such installment; provided that no such late payment
shall be due in the event payment of such installment of Minimum Rent,
Percentage rent or Additional Rent is made by Tenant within 5 days after written
notice from Landlord to Tenant of Tenant's failure to pay such rent when due,bear
interest until paid at the rate of 18%per annum, compounded monthly.
28. In the event litigation is required by either party as a result of a breach of the
terms of this Agreement, the prevailing party of such action shall, in addition to
all other relief granted or awarded by the Court, be entitled to a judgment for
reasonable attorney's fees incurred at both the trial and appellate levels.
29. Landlord and Tenant agree that this lease shall not be recorded. Further, Landlord
and Tenant agree to execute and deliver a Memorandum of Lease. Such
Memorandum of Lease shall be in recordable form and shall give notice of the
existence of this Lease. Tenant, upon termination of this Lease, shall without
further demand, deliver to Landlord a Quit Claim Deed extinguishing all of
Tenant's interest in and to the property.
30. Notices hereunder shall be given to the parties set forth below and shall be made
by hand delivery, facsimile, overnight delivery or by regular mail. The parties
may change said address by written notice from time to time. Notices shall be
addressed as follows:
If to Landlord: HCP Ventures, LLLP
3002 S. Huron St.
Englewood, CO 80110
Facsimile: (303) 761-7413
If to Tenant: Q'/7I Sv 1e it ri°Vl X, WA 13
fkFwi4 r-;cm co &26,'/a
alek
Facsimile: 30.E C i7 .- 13 Z.-
31. This Addendum and the Lease contains the entire agreement between the
Landlord and Tenant. Any and all other representations, negotiations,
correspondence or agreement, written or oral, are superceded by this Agreement
and are of no force and effect. The Lease and Addendum may be amended and
modified only by instrument, in writing executed by all parties hereto.
HCP VENTURES, LLLP, a Colorado
limited liability limited partnership,
LANDLORD
By: /
Title: lc ≥ RYk4
CHARLES W. TWEED , TENANT
TERRY L. DOUGLAS, TENANT
te/J
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is made and executed this 3/s± day of
JSt vt t f a 4 2003, by and between HCP VENTURES, LLLP
("Landlord") and MERRY L. DOUGLAS and CHARLES W. TWEDDY ("Tenant").
Landlord and Tenant have made and executed a Lease dated j runt v
, 2003, for the real property described in the attached Exhibit"A".
Such Lease is for an initial term of sixty (60)months, and contains additional rights to
extend the term of the Lease.
This Memorandum shall not be deemed to modify, amend or vary the terms of the
Lease.
HCP VENTURES, LLLP, a Colorado
Limited liability limited partnership•
J BY <lit ti
Floyd Winslow, Jr., for the Partners
CHARLES W. TWE Y, TENANT
TERRY L. DOUGLAS, TENANT
A
State of Colorado )
) ss
County of .L p(Nht2,_ )
The above and foregoing Memorandum of Lease was subscribed and sworn to
before me by Floyd Winslow,., for HCP Ventu es, LLLP, a Colorado limited liability
limited partnership this 3 I day of ltA Cxlu� , 2003.
WITNESS my hand and official seal.
My commission expires:711(1 12003
LIRA. (.).. LL
Notary Public
State of Colorado )
County of teal ) ss
)
The above and foregoing Memorandum of Lease ias subscribed and sworn to
before me by Charles W. Tweedy, this 3 J day of rum/toil
il
2003.
WITNESS my hand and official seal.
My commission expires: `j W200 j �l
,uL o1 G. G��wL
Notary Public
State of Colorado )
1 ) ss
County of f^G Q6J1&L )
The above and foregoing Memorandum of Leases subscribed and sworn to
before me by Terry L. Douglas, this._3r day of a4wittA,7 , 2003.
WITNESS my hand and official seal.
My commission expires: 11 i9 b0o3
,wvuL L
Notary 1euc
r
Exhibit "A"
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NW 1/4 OF SECTION 28, TOWNSHIP 2 NORTH. RANGE 64
\ ES'r OF THE GTH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 28; THENCE S 00
DEGREES 21' 30" W ALONG THE EAST LINE OF THE SAID NW 1/4 A DISTANCE OF 2,331.14
FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF U.S. INTERSTATE HWY 30;
THENCE S 89 DEGREES 52' 10" W ALONG SAID HIGHWAY A DISTANCE OF 501.36 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 87
DEGREES i I' 45" W. A DISTANCE OF 560.73 FEET; THENCE N 00 DEGREES 19' 30"W
PARALLEL TO THE WEST LINE OF THE SAID NW 1/4 AND LEAVING SAID HIGHWAY AT THIS
POINT A DISTANCE OF 1,854.8I FEET; THENCE WEST PARALLEL.TO THE NORTH LINE OF
THE SAID NW 1/4 A DISTANCE OF 567.70 FEET; THENCE N 00 DEGREES 19' 30" W
PARALLEL TO TEE SAID WEST LINE A DISTANCE OF 450.00 FEET TO A POINT ON THE
SAID NORTH LINE; THENCE EAST ALONG THE SAID NORTH LINE OF THE NW 1/4 A
DISTANCE OF 1,656.75 FEET MORE OR LESS TO THE POINT OF BEGINNING.
•
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ki i -1' `113 ''
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AGREEMENT FOR PURCHASE AND SALE
THIS AGREEMENT FOR PURCHASE AND SALE (the "Agreement") is made by and
between HCP VENTURES, LI.I,P, a Colorado limited liability limited partnership (hereinafter
after referred to as "Seller") and TERRY L. DOUGLASS, CHARLES W. TWEEDY and KAREN
L. McDADE (hereinafter collectively referred to as "Purchaser") this .13 day of May, 2002.
v c tars:
RECITALS
WHEREAS, Seller is the owner of certain real property, improvements and personal
property in the County of Weld, State of Colorado, being more particularly described on
Exhibit A, attached hereto and incorporated herein by this reference (hereinafter
"Property");
WHEREAS, Purchaser desires to use the Property for purposes of a heavy equipment
training site;
WHEREAS, Seller is desirous of selling the property to Purchaser and permitting
Purchaser to obtain or seek to obtain appropriate rezoning or replatting ("land use change")
of the Property for such purposes;
WHEREAS, Purchaser is desirous of purchasing the Property and obtaining or seeking
to obtain the necessary "land use change" and bear the expenses thereof;
WHEREAS, Seller and Purchaser desire to set forth their agreement in writing.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, the promises set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree hereby as follows:
1. PURCHASE. Seller hereby agrees to sell and Purchaser hereby agrees to purchase,
upon and subject to the terms and conditions set forth herein, the Property.
2. PURCHASE PRICE. At the Closing, the purchase price to be paid by Purchaser to
Seller for the Property shall be the sum of$210,000.00.
3. PAYMENT OF PURCHASE PRICE. Subject to the full and timely performance by
the Seller hereunder, the purchase price shall be paid by Purchaser to Seller on the Closing
Date, subject to closing adjustments. Seller shall carry back financing in the amount of
$180,000.00. Purchaser shall execute a Promissory Note payable to Seller on form TD81-
1
11-83 secured by a First Deed of Trust encumbering the Property using the form TD72-7-96.
The Promissory Note shall be paid $4,394.33 per month commencing one month from the
Closing Date and interest shall accrue at the rate of eight percent (8%) per annum. If not
sooner paid, the balance of principal and accrued interest shall be due and payable four
years from the Closing Date. Payments shall not be increased by estimated real property
taxes or interest. Purchaser shall provide a mortgagee's title insurance policy,at Purchaser's
expense. All remaining funds due at Closing shall be paid in cashier's check, certified check,
or by direct wire transfer of immediately available U.S. funds.
4. TIME AND PLACE OF CLOSING. Closing shall be held on September 10, 2002, at
the offices of the Title Company selected by Seller at a time designated by the Title
Company.
5. DEPOSIT. Upon execution hereof, Purchaser shall provide the Title Company with
a deposit in the amount of$2,000.00. The Title Company shall hold the deposit until such
time as the Title Company is required to disburse the same to Seller or Purchaser pursuant
to this Agreement. Upon expiration of the Inspection Period and failure of Purchaser to
terminate this Agreement as set forth in Section 8, the earnest money shall be non-
refundable except upon Seller's default hereunder.
6. CTELE COMMITMENT AND POLICIES. On or before June 5, 2002, Seller shall, at
Seller's expense, procure and deliver to Purchaser a Title Insurance Commitment (the
"Commitment") for title insurance covering the Property, together with legible copies of all
recorded documents referenced therein and a tax certificate. The Commitment shall commit
the Title Company to issue to Purchaser, upon recording the deed for the Properly, an
owner's title policy in the amount of the full Purchase Price without exception for any
matters other than the standard exceptions and (i) current taxes; (ii) applicable zoning and
governmental regulations; and (iii) easements, encumbrances and restrictions of record
approved by Purchaser as a "Permitted Exception" hereunder, if any. Purchaser shall have
ten (10) days from the date of actual receipt of the Commitment by Purchaser in which to
examine the Commitment and to give written notice to Seller, or Seller's attorney, of its
approval or disapproval in Purchaser's sole discretion of any matter contained therein. If
Purchaser fails to give such notice, Purchaser shall be deemed to have approved the
Commitment and accepted any exceptions set forth therein as Permitted Exceptions. Seller
shall have ten (10) days from the actual receipt of notice of disapproval to cure the
objection or defects so specified (which cure period shall be in lieu of any other time periods
set forth herein) and Seller shall use commercially reasonable diligence to affect cure,
without the need or requirement to expend other than nominal sums. If, after the exercise
of such commercial reasonable diligence, Seller is unable to correct such objections or
defects to the Purchaser's satisfaction, in Purchaser's sole discretion, within said period of
time, the Purchaser shall have the right, within ten (10) days after expiration of the 10-day
cure period, to terminate this Agreement by giving written notice and to receive return of
the Deposit. In the event Purchaser fails to give such written notice, Purchaser shall be
2
deemed to have waived the objections or defects. The Commitment shall be updated by the
Title Company at Seller's expense,prior to the Closing Date. Any title exception, other than
prior Permitted Exceptions hereunder, shall be treated as a title defect hereunder.
7. CLOSING PROCEDURES. At the Closing, the parties shall follow the following
closing procedures:
a. Conveyance. Seller shall convey tide by Special Warranty Deed subject only
to real estate taxes for the current year, applicable zoning and governmental regulations,
and any Permitted Exceptions previously approved by the Purchaser. Seller shall convey
title to the improvements and personal property on the Property by Bill of Sale or other
appropriate document of conveyance. Purchaser shall execute and record a Real Property
Transfer Declaration.
b. Costs of Sale.
i. Title Insurance. At least fifteen (15) days, but no more than twenty
(20) days prior to the Closing Date, the Title Company shall provide, at Seller's expense, an
updated Tide Insurance Commitment, and copies of restrictions, liens or encumbrances or
other title matters not previously approved as a Permitted Exception; provided, however,
that the updated Title Commitment shall reflect matters of plat or zoning and deed
restrictions, if any, which Purchaser procured. Promptly after the Closing Date, Seller shall
obtain and deliver to Purchaser, at Seller's sole expense, a Title Insurance Policy for the
Property in the full actual amount of the Purchaser Price.
ii. Documentary Fee. The cost of documentary fee on the Deed of
Conveyance recorded hereunder shall be borne by the Purchaser.
Hi. Costs of Recording. The cost of recording the Deed of Conveyance
shall be borne by the Purchaser.
iv. Real Estate Taxes and Assessments. Real estate taxes for the Property
for the year within which the Closing occurred shall be pro rated at and as of Closing. If on
the Closing Date real estate taxes are not known for the current year, the most recent
available year shall be used to calculate the prorated sums. All assessments, general and
special, levied against the Property shall be paid in full by Seller, on or before the Closing
Date. The Real Estate Tax proration at Closing will be the final proration.
v. Purchase Price. Purchaser shall deliver a fully executed promissory
note and deed of trust as well as closing funds required hereunder.
c. Closing Documents. On the Closing Date, Seller shall deliver the following
items:
3
i. The Deed of Conveyance duly executed in form for recordation;
ii. A sworn affidavit stating under penalty of perjury that Seller is not
a "foreign person" as such term is defined in Section 1445(1)(3) of the Internal Revenue
Code of 1986 or such evidence that Purchaser is not required to withhold taxes from the
Purchase Price.
iii. A duly executed affirmation reasonably satisfactory to the Title
Company for the principal purpose of satisfying Title Company that the transaction is
exempt from the withholding requirements of Colorado Revised Statute § 39-22-604.5.
iv. Proof of company existence, authority and good standing subject
to the reasonable approval of the Title Company.
v. Such further documents as may reasonably be required to vest tide
to the Property in Purchaser and to enable the Tide Company to insure the tide thereto, in
accordance with the terms of this Agreement.
8. INSPECTION. Purchaser shall have through and including August 23, 2002 (the
"Inspection Period"), to inspect and evaluate the Property to determine the suitability of the
Property for Purchaser's intended use. Seller shall make available to Purchaser for
inspection and copying, at Purchaser's sole expense, on or before June 5, 2002, copies of all
documents relating to the Property's use. Purchaser may, for any reason and in their sole
discretion, terminate this Agreement by written notice to Seller given on or before the last
day of the Inspection Period. In the event such notice is not given, this Agreement shall
continue in full force and effect and the transaction shall proceed to Closing on the tenns
set forth herein. If this Agreement is terminated, the Deposit shall be returned to Purchaser
and both par ies shall thereupon be relieved of all further obligation hereunder. In the event
the Purchaser terminates this Agreement pursuant to this Section, Purchaser shall provide
to Seller, at no cost to Seller, any and all written studies and reports which Purchaser had
prepared in purchaser's review of the Property including, without limitation, any
environmental audits, soils reports, surveys, platting or zoning documents and the parties
hereby deem the value of such reports to be.the cost paid by Purchaser to consultants
preparing such reports.
9. FEASIBILITY STUDIES AND LICENSE TO ENTER. Seller hereby grants to Purchaser
and to parties designated by Purchaser from and after the date hereof until the last day of
the Inspection Period or termination hereof, the right, license, permission and consent for
Purchaser and parties designated by Purchaser to enter upon the Property for the purpose
of performing tests, studies and analysis thereon. Purchaser shall indemnify and hold Seller
harmless from and against any damages that may be incurred by Seller as a result of such
actions by Purchaser and their designees. Purchaser agrees to promptly refill holes dug and
otherwise to repair any damage to the Property as a result of the foregoing activities.
4
Purchaser will permit no lien to attach to the Property as a result of the foregoing activities.
Purchaser is obligated to pay any attorney's fees incurred by Seller in dealing with liens,
claims or damages caused by Purchaser's activities upon the Property.
10. REZONING OR PLATTING PERIOD. Seller and Purchaser acknowledge and agree
that Purchaser is purchasing the Property in order to use the Property for a heavy equipment
training school. Seller hereby authorizes Purchaser to contact and apply to Weld County
in an effort to obtain Weld County's approval to use the Property for such purposes,whether
by special review, variance, rezoning or platting. Seller agrees to execute any and all such
documents which will permit Purchaser to pursue such approval from Weld County.
However, no agreement, change in use or other permanent act on the part of Purchaser or
Weld County shall be binding upon the Seller until after the Closing hereof.
Notwithstanding anything to the contrary contained herein, Seller shall not be required to
consent, approve or execute any document or proceeding which will result in a permanent
obligation of Seller or the Property unless and until Purchaser has purchased the Property
pursuant to the terms hereof. Seller shall, after execution hereof and for so long as this
Agreement is in full force, perform such acts, execute such documents, and otherwise
perform so as to reasonably carry out the intent and purposes of this Agreement, so long as
it is at nominal cost to Seller. _
• 11. MINE RECLAMATION PERMIT. Purchaser and Seller are aware of and
acknowledge that Seller is in the process of reclaiming approximately 22 acres on the
Property pursuant to a Reclamation Permit issued by the Colorado Division of Mining.
Seller has performed much of the reclamation required pursuant to the Permit and
approximately two-thirds of the Bond has been released to Seller as a result of the
performance thereof. Purchaser represents and warrants that none of the activities
permitted by this Agreement nor any activities conducted after Closing shall interfere with
or impede the orderly and diligent satisfaction of the requirements of the Permit. After
Closing, Purchaser shall either obtain release of the rest of Seller's Bond to Seller and
assume all of the obligations pursuant to the Permit and obtain release of Seller thereunder,
or shall complete all remaining obligations pursuant to the Permit in order to obtain an
orderly and timely release of the remainder of the Bond to Seller. Purchaser's obligation
with respect to the Permit shall be made a part of the Deed of Trust executed by Purchaser
at Closing. Purchaser agrees to indemnify and hold harmless Seller from any and all matters
relating to or arising out of the Permit after Closing, including, but not limited to, attorney
fees and costs.
12. PURCHASER'S COVENANT WITH RESPECT TO INSPECTION. Purchaser shall
undertake any and all efforts necessary to determine whether or not the Property is fit for
Purchaser's intended use. Purchaser shall obtain such information and knowledge from
parties other than Seller as is necessary for Purchaser to make an informed decision to
purchase or not to purchase the Property during the Inspection Period. Purchaser
acknowledges and agrees that the information provided onto be provided by or on behalf
5
•
of Seller with respect to the Property or will be obtained from a variety of sources and that
Purchaser will undertake its own investigation and analysis of that information to determine
the accuracy and completeness of that information separate and apart from anything
provided by Seller. Purchaser shall rely on no representations, warranties, or failure to
provide information regarding the Property from Seller. Purchaser is buying the Property
in an"as is"condition with all faults. In Closing on the Property, Purchaser shall be deemed
to be representing and warranting that they are relying upon their own investigation of the
Property and not on anything the Seller has or has not stated or provided, unless expressly
set forth to the contrary herein.
13. NOTICES. Notices hereunder shall be given to the parties set forth below and
shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by
regular mail, the notice shall be deemed to have been given within a required time if
deposited in the U.S. Mail, postage prepaid; within the time limit. For the purpose of
calculating time limits which run from the giving of a particular notice, the time shall be
calculated from actual receipt of the notice. Time shall run only on business days which,
for purposes of this Agreement, shall be any day other than a Saturday, Sunday or legal
holiday. Notices shall be addressed as follows:
If to Seller: HCP Ventures, LLLP
3002 South Huron Street
Englewood, Colorado 80110
Facsimile No. 303-761-7413
If to Purchaser:
Facsimile No.
14. TIME. Time is of the essence of this Agreement.
15. ATTORNEY'S FEES. In the event litigation is required by either party as a result
of a breach of the terms of this Agreement, the prevailing party of such action shall, in
addition to all other relief granted or awarded by the Court, be entitled to a judgment for
reasonable attorney's fees incurred at both the trial and appellate levels.
16. RELATIONSHIPS. Nothing herein contained shall be deemed or construed by the
parties hereto, or by any third-party, to create the relationship of principal and agent or of
partnership,joint venture or any other association relationship whatsoever between Seller
and Purchaser, except the relationship as parties to a contract regarding the Property.
17. SPECIAL TAXING DISTRICTS. SPECIAL TAXING DISTRICTS MAY BE SUBJECT
TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED
6
FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS.
PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED
MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH
DEBT OR CIRCUMSTANCES ARISING RESULTING IN THE INABILITY OF SUCH A
DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL
LEVIES. PURCHASER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS
OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS,
EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE
POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
18. BROKER'S COMMISSION. Seller and Purchaser represent and warrant that no
Broker, salesperson, finder, or other such person has been involved in this transaction and
that no commission shall be due and owing upon Closing.
19. RECORDATION. Neither party hereto shall record or cause to be recorded this
Agreement or any part hereof or any memorandum thereto, and if either party should do
so, it shall be a default hereunder. Upon such recording, this Agreement shall become null
and void, at the option of the non-recording party, and the parties hereto agree that any
party searching the real estate records may ignore this Agreement.
• 20. ASSIGNMENT. Neither party may assign its rights and obligations under this
Agreement to any other party.
21. PARTIES BOUND. This Agreement shall be binding upon the parties hereto,their
heirs, successors, legal representatives and assigns.
22. DEVELOPMENT FEES, IMPACT FEES AND SUBDIVISION IMPROVEMENTS. Any
and all development fees, impact fees, subdivision improvements, application fees, review
fees, tap fees and any other costs, fees, assessments, obligations or levies associated with
Purchasers obtaining or attempting to obtain a change in land use for the Property,shall be
borne exclusively by Purchaser. Purchaser shall indemnify and hold Seller harmless from
any and all claims, sums, obligations, losses, damages, costs and expenses, including
attorney's fees, of any kind or nature arising out of or resulting from Purchasers' change of
land use activities.
23. SURVIVAL. All obligations, covenants, conditions, representations, warranties
and agreements of the Seller and Purchaser contained in this Agreement shall be deemed
restated as true and correct as of the Closing and shall survive the Closing contemplated
herein.
24. RISK OF LOSS AND CONDEMNATION. Seller shall bear risk of loss until Closing.
In the event of any damage to all or any portion of the Property, condemnation or taking
of the Property, or any part thereof prior to Closing, Purchaser may, at its election,
7
terminate this Agreement in full, or at Purchaser's election, purchaser the Property. In the
event the Purchaser terminates this Agreement, the Deposit shall be refunded to Purchaser
and Purchaser shall have no further obligations hereunder. If Purchaser proceeds with
Closing, all insurance proceeds and all condemnation awards and settlement shall be
applied to the Purchase Price.
25. EN77REAGREEMENT. This Agreement contains the entire contract between the
Seller and Purchaser. Any and all other representations, negotiations, correspondence or
agreements, written or oral, are superceded by this Agreement and are of no force and
effect. This Agreement may be amended and modified only by instrument, in writing,
executed by all parties hereto.
SELLER:
,///ift4/ 1C-P • ITC VENTURES, LLLP,
a Colorado limited liability limited partnership
BY: 'TeS- 0 /-It .-7 _,
ITS:
-TAUs tiar-2 r 1 The G(-11,==,«r tR t, 1-l-tcsr.
PURCHASERS: ��
Terry . Do glassy
tiv
C arle W. Tweedy
jn . rnd.c,
Karen L. McDade
STATE OF COLORADO )
) ss. ,
COUNTY OF t`-IMOQ.hcL'_ )
The foregoing instrument was subscribed and sworn tq before me this AA-Ptday of
a,`� { ate 2002, b , vusti c�t- r`w
� ry ' y A-7%41a/06A, �!L as 4.,wr:<p tm,.,-/,,,,r of-HPe-Ventures, LLLP, a
Colorado limited liability limited partnership. 1/cP
Witness my hand and official seal.
My commission expires: ri /19/Z03
Notary Public
8
STATE OF COLORADO )
) ss. tk,,,
COUNTY OF )
,..SpTAAe pA
,� The foregoing instrument was subscribed and sworn to befoi mi this IA d_y
\j' , 2002, by Terry L. Douglas. . I
tos •
Witness my hand and official seal. ';��"?tet ! ge..COO`
My commission expires:
%IUPition Eats 0V1`%?613
17va�
Notary Pu lic "
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this 2 Id day of
y, 2002, by Charles W. Tweedy:
Witness my hand and official seal. ��r-""" .cc,ce
r' My Commission expires: U - a1- 3=rn A �es
'�t (�
.9 nO :•�c�` ..BL 1C, lo
p / 'ref., ..OF CO '0$ o�
CO.O
&Pu1ic9 /� 1 .alllll1 %%�p>N EXPIRES
STATE OF COLORADO ) •
ss. Tja,`.h.
COUNTY OF 1 4
}
The foregoing instrument was subscribed and sworn to befor mli this Q 6 d o
2002, by Karen L. McDade.
Witness my hand and official seal. )`• � C�L'•e
•�ti
My commission expires: Mt ►b:0uormatz3
• Notary blic
9
.v
Exhibit "A"
JJJ LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NW 1/4 OF SECTION 28. TOWNSHIP 2 NORTH. RANGE 64
WEST OF THE 6TH P M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 28; THENCE. S 00
DEGREES 21' 30" W ALONG THE EAST LINE OF THE SAID NW 1/4 A DISTANCE OF 2.331.14
FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF U.S. INTERSTATE HWY 30;
THENCE S 89 DEGREES 52' 10" W ALONG SAID HIGHWAY A DISTANCE OF 50].36 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 87
DEGREES i I' 45" W. A DISTANCE OF 560.73 FEET; THENCE N 00 DEGREES 19' 30" \V
PARALLEL TO THE WEST LINE OF THE SAID NW 1/4 AND LEAVING SAID HIGHWAY AT THIS
POINT A DISTANCE OF 1,854.81 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF
THE SAID NW 1/4 A DISTANCE OF 567.70 FEET; THENCE N 00 DEGREES 19' 30" \V
PARALLEL TO THE SAID WEST LINE A DISTANCE OF 450.00 FEET TO A POINT ON THE
SAID NORTH LINE; THENCE EAST ALONG THE SAID NORTH LINE OF THE NW 1/4 A
DISTANCE OF 1,656.75 FEET MORE OR LESS TO THE POINT OF BEGINNING.
•
•
CERTIFICATE OF CONVEYANCES WELD COUNTY
SERVICES DEPARTMENT OF PLANNING
STATE OF COLORADO )
COUNTY OF WELD
The STEWART TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has
made a careful search of its record, and finds the following conveyances
affecting the real estate described herein since August 30, 1972, and the
most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
SEE ATTACHED EXHIBIT "A"
CONVEYANCES (if none appear, so state) :
Reception No. 1581556 , Book 660
Reception No. 1608673 , Book 687
Reception No. 1649277 , Book 727
Reception No. 1792795 , Book 871
Reception No. 1850768 , Book 929
Reception No. 2298176 , Book 1345
Reception No. 2749552 , Book ----
Reception No. , Book
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an
opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE
OF GREELEY, INC. COMPANY is hereby limited to the fee paid for this
certificate.
In Witness Whereof, STEWART TITLE OF GREELEY, INC. COMPANY has caused this
certificate to be signed by its proper officer this 17th day of
April , A.D. , 2003 , at 7:45 AM.
STEWART TITLE OF GREELEY
BY:
AUTHORI IGNATURE
&H2298176 .- B 1345 REC 02298176 07/31/92 16:15 $10.00 1/002
F 1889 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO I
-- WARRANTY DEED ---_
t
THIS DEED. Slade this 29TH day of JULY, 1992 between -
• RUBEN J. WALTER "l la
'�. of the County or and State of COLORADO. grantor, and STATE DOCUMENTARY FEE
i
" a ' MARTY L. CUTLER Date 7 i�7A•
whose legal address is 12395 BRIGHTON RD., BRIGHTON,
$ ,e. CO °
COLORADO 80601
,I of the County of ADAMS and State of COLORADO, grantee: i°
\YITN GSSETii, That the grantor, for and in consideration of the sum of EIGHTY-FIVE TIIOUSA ND
,
AND 00/100ths DOLLARS, ($85,000.00), the receipt and sufficiency of which is hereby acknowledged, h-s ' ; '
granted, bargained, sold and presents
conveyed, and by these does grant, bargain, sell, convey and confirm unto . s
I the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate,
lying and being in t''- County of WELD and State of Colorado, described as follows: d
.>f
SEE ATTACHED EXHIBIT "A" .
•
EXCEPTING AND RESERVING UNTO THE PARTY OF THE FIRST PART "GRANTOR" ALL RIGHT,
TITLE AND INTEREST IN AND TO ALL MINERALS OF WHATSOEVER KIND, IN, UNDER AND /
UPON OR THAT MIGHT BE PRODUCED FROM THE HEREIN DESCRIBED LAND. l
v
also known by street and number as 26216 WCR 18, HUDSON, COLORADO 80642
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and .
to the above bargained premises, with the hereditaments and appurtenances. •
TO HAVE AND TO HOLD the said premises above bargained and described, with the appertcn.mces, unto . .
t the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives,
does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the
• ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, •.
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
i lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are f'
free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and �`•
• restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or
payable, easements, restrictions, reservations, covenants and rights-of-way of record, if any, .
. { ..
• 1 i
,
' .. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet i •{,
4 and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully j '
claiming the whole or any part thereof.
7 The singular number shall include the plural, the plural the singular, and the use of any gender shell be
applicable to all gen den. -
IN \\'EFNESS WHEREOF, the grantor has executed this deed on the dale set forth above. '.
. a
BEN J.. ALTER
\�Nc WAlT F
• ' STATV'OF C`ULtx cl5 i )
• , .. t., ) acs. •
COUNf,�,ifcO�Nye ) /.,
•
• � ����������U�ttP,, ..
The foregdtwg"lisatniment was acknowledged before me this 29TH day of JULY, 1992 by RUBEN J. WALTER
My Commission expires: q-au_g4 W loess my hand and official seal. a� 4
f�/J• A (��hj�7f,,Wr... t l
"e'1 I. /]_ /,,,t`"Na.,v wove
Co ' 8oE01
. ' N..9]IA.ii .7.a6 WARRANTY DWI On Phwgr.Mle Retold) ,
. .
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. A.
a
` . 8 1345 EEC 02298176 07/31/92 16:15 $10.00 2/002 ,
F 1890 MARY ANN FEDERSTEIN CLERK S RECORDER WELD CO, CO I i
A tract of land located in the HA of.Section 28, Township 2 North, Range 64 West
of the 6th P.M., Weld County, Colorado, being more particularly described as follows: _ I
Beginning at the North k Corner of said Section 28; thence South 00'21'30" West - . .
along the East line of the said NWk a distance of 2,331.14 feet to a point on they •
North right-of-way line of U.S. Interstate Hwy 30; thence South 89°52'10" West along •
said Highway a distance of 501.36 feet; thence along the arc of a curve to the
right, the chord of which.bears North 87'11'45" West a.distance of 560.73 feet;
thence North 00°19'30" West parallel to the West line of the said NWk and leaving 1
• said Highway at this point a distance of 1,854.81 feet; thence West parallel to the
. - i -
North line of r.he said NWk a distance of 567.70 feet; North 00°19'30" West[hence 9 �
� .
parallel to the said West line a distance of 450.0 feet to a point on the said North
line; thence East along the said North line of the NW% a distance of 1,656.75 feet
d • ' � �F
more or less to the point of beginning, �.
• County of Weld, State of Colorado a
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92'9 co 1 fF2 2 198i _t
U Recorded at o'clock M J
_ "1-, Wnkl �ounN, Colororb If
: • : .. � Rtrepuon No .18.5.0768 . Recorder. i, uj •.-.
n ft THIS DEED.Mad.this January 21, , .19818 r
between MARLIN LEROY NEACOCK,`t' d rl, 4
" ` p.2..5 a'rl sko Documentary Fee !
`. I ' -d alts t,;, s ;,
i era 2_7 931 S
C I County of and sub of Colorado of the first part as l;. �I
-.• I RUBEN .1. WALTER '4.4 r tq, i, (-, $_ 5• 0
• • I whaaelegaladdressla 270 Meade Street'. ) s 1 r. .C; p:: •
L "5. Ta�eR 2 I
• .. of the City and County of Denver t rand Rlat h _
_ • Culondo.oftbueetid part '�,'.- + py f r,�, o
. II WITNESSETH,That the said part , of the first at for andIneone rational l
- • o TEN and No/100 ,`"a"i"d'' �''.m .�� - DOLLARS o• .
L1 to the said part y of the first part in hand paid by,said part y of the second part,the receipt whereof.• VIII w '
P hereby confessed and acknowledged.hag granted.bargained,sold and conr`veyed,and by these presents does,; !
o rant. bargain, sell,convey and confirm, unto the said part y of th second part,h le heirs and assigns for- I o
o : eve4all the followingdesee:bed lot or parcel -Itatiancl.situate lying and being in the - I o
•
0 !� County of and State of Colorado loath.:c,: Y7 cq. iI o
,, x;u r_
i as described on attached addendum and fully I F.1 -.
incorporated by reference w k^' °'
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N x ryit. tV
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.8h ay F41., II -
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,A 9 rkr
also known asstreet and number • 9a" .•
- - TOGETHER with all and singular the hereditamen .and appurtenances thereto belonging.or in anywise apper-
s - taining,and the reversion and reversions.remaindetItid remainders rents,issues and profits thereof.and all the . -
estate,right,title,interest,claim and demand whitener.,of She sail part y' ': of the first part,either in law or _
equity.of,in and to the above bargained premises,vd�tta'trhe hereditamenttnd appurtenances.;. ' tI
TO MACE AND TO MOLD(the said premises abo41,argained and`deacribed with the appurtenances,unto the l •
.b heir;
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said party of the second part.h ig heir;Lmffeslgnz forever.!And}he said party of the first part.
for him retf hvSre,executors, and udmirts razor, des a},i'covenent.Kranz bargain,and agree to and
with the raid par:y of the secant part,his ra and assigns•that at the time of the ease sling and delivery i! .
of these presents, 18 well seized of thi pzemises above conveyped,as of good,sure•perfecl.absolute and
indefeasible estate of inherit once,hi l twin fee aim per end ha ai '' p,'- good right,full power and authority
� to grant bargain,sell and convey the same in manner find form as nfoeretaid,and that the same are free and Ble •
• �Y Gnrt all termer and ether grants,bargains,sales;hens,lazes,a ensmenta and encumbrances of whoever k fist u f
_ naturesoever. Except liens of record and: Deed of: Trust recorded
in favor of Carl N. .AndersonNand Edward L..'Anderson. . •
and the shot bargained premises in the quet a ncei nd peide possession o the said party n(the second part. .
his heirs and assigns against al I and every person or persona lawfully claiming or to claim the whole or any part
thereof.t he said part y ofthelrat part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF,the sail party of the first part hag `hereunto set hi ghsnd •
• and sea l9 the day and year first above written , ''fJ �,! __ _ '
�' /rfw•.r-e•M pl_rtt,,,y._ S-ee•- (SEAL)
MARLIN LEROY R•EACOCK t{r�••
: _(SEAL),
(SEAL)
e d - (SEAL)
. STATE OF COLORADO 'It' "'
•
IIs
CITY AND .•.County of DENVER ,..,..,./,., ._ . ,
' The foregoing instrument was acknowledged before me this 21st day of January, ,p,
19 81 „be.—,Marlin,Marlin Leroy Heacock `: t.:.''','.: r"' i;
.rAy:eQ tinICIle,fxpi re MI taamisi10R 9SpfIS Ja 19'2 .Witness my hand andofficial seal
-c. a
e • n1, - ; , - a.;t.. a ar4;s.lr Pj
Nit w Q CFV rr ..-,,1,4";*' n 4A: Je « r+t '^i - b
' ', s ire 3 N n •is
�� OF Yta Xa~ i Sv[ r n# k ^9ds•.
w No.932.}wisp%NTT DEED.—ht e raeterNakR N C1e n Nat P I. a a A Cal 9w t•G rGl r Nae assail i,e 't, , -
4
F•4 fi r x`4,
." ed3K Jsi" 11950 1,68 •
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CS. S
• •t'*l'. 4. The land referred to in the Commitment is described s
P ".. as follows: sa r
tnl is •
A tract of land located in the NW 1/4 of SecN ol. 28,
Township 2 North, Rang( 64 West of the 6th P.M. , Weld tar;l •
County, Colorado. , Being mo-e particularly described
as follows:
.. Beginning at the North 1 /4 corner of said Section 28;
.- thence South 00' 21'30" West along the East line of the -a«.
f
sate NWI /4 a distance of 2,331 . 14 feet to a point en r -
the North right-of-way line of U.S. Interstate Hwy 80;
tence South 89' 52' 10" West along said highway a distance _-r
•' of 501 . 36 feet ; thence along the arc of a curve to the
• .. right , the chord of which bears North 87' II '4S- West r?
a distance of 560.73 feet; thence North 00' 19' 30" West
�,-~•' parallel to the West line of the said NW1 /4 and leaving
_"•., said highway at this point a distance of 1 ,854 . 81 feet ;
thence West parallel to the North line of the said NWI /4
1,..
a distance of 567.70 feet ; thence North 00' :9' 90" West
*1-;: parallel to the said West line n distance of 450.0 feet R :
_ ;J;�• to a point on the said North line; thence East along the
ei=? said North line of the NWI/4 a distance of 1 ,656. 75 feet
more or less to the point of beginning, Weld County,
.•y, Colorado. C•.•.
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\/ 11111111111111111111111 III 111111 IIIIII III 11111 IIII 101
� 2741Df 95522 R 02/14/200010.00D 12:22 JA SukiCounty Tsukamoto
� 19.90 Weld CO
,--I(.. `)j2 'ecord the day of ,A.D. , at o'clock M. RECORDER..:
o By DEPUTY.
WARRANTY DEED •
•
THIS DEED, Made on this day of February 10, 2000
between MARTY L. CUTLER
•
•
•
•
•
of the County of WELD and State of Colorado , the Grantor(s), and
HCP VENTURES,LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP
•
whose legal address is : 3002 SOUTH HURON STREET, ENGLEWOOD, COLORADO 80110
of the County of WELD and State of Colorado , the Grantee(s):
• WITNESS, That the Grantor(s), for and in consideration of the sum of ( $199,000.00 )
***One Hundred Ninety Nine Thousand and 00/100*** DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being in the County of
WELD and State of Colorado, described as follows:
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOFSi:f
•
1_l.__
also known as street number 26216 WELD COUNTY ROAD 18, KEENESBURG, CO 80643
•
6.
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
•
: grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. FC200344 ISSUED BY LAND
TITLE GUARANTEE COMPANY AND EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS. '•
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
MARTY L. UTLE
•
•
•
c:
;: STATE OF Colorado )
)ss.
iii County of ADAMS ) •
!.
•
•
• The foregoing instrument was acknowledged before me on this day of February 10, 2000
by MARTY L. CUTLER '
•
My commission xpliESLLY A. KINNE
Witness my ham and °IbtriftE YeOuBLIC -- . --t. ___- a )>--7---A--(' _
•
STATE OF COLO€2ADO �otary Pubtt�
203
Name and Address of FkYstlri01Cr8dfing''Neirtf urleAATeu Legal Des iption ( 38-3 -106.5, C.R.S.) •
Es BT200344 When Recorded Return to: HCP VENTURES,LLLP, A COLORADO LIMITED
T 200344 LIABILITY LIMITED PARTNERSHIP
•
,_,. ¢ 3002 SOUTH HURON STREET --
�1at Rev 4-94. WARRANTY DEED (Photographic Record WD1) ENGLEWOOD. COLORADO 80110
111111111111111111111111 III 111111 IIIIII III 11111 IIII IIII
2/49552 02/14/2000 12:22P JA Suki Tsukamoto
2 of 2 11 10.00 D 19.90 Weld County CO
EXHIBIT A
A TRACT OF LAND LOCATED IN THE NW 1/4 OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 64
WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 28; THENCE S 00
DEGREES 21' 30" W ALONG THE EAST LINE OF THE SAID NW 1/4 A DISTANCE OF 2, 331.14
FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF U.S. INTERSTATE HWY 30;
THENCE S 89 DEGREES 52' 10" W ALONG SAID HIGHWAY A DISTANCE OF 501.36 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 87
DEGREES 11' 45" W, A DISTANCE OF 560.73 FEET; THENCE N 00 DEGREES 19' 30" W
PARALLEL TO THE WEST LINE OF THE SAID NW 1/4 AND LEAVING SAID HIGHWAY AT THIS
POINT A DISTANCE OF 1,854.81 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF
THE SAID NW 1/4 A DISTANCE OF 567 .70 FEET; THENCE N 00 DEGREES 19' 30" W
PARALLEL TO THE SAID WEST LINE A DISTANCE OF 450.00 FEET TO A POINT ON THE
SAID NORTH LINE; THENCE EAST ALONG THE SAID NORTH LINE OF THE NW 1/4 A
DISTANCE OF 1,656.75 FEET MORE OR LESS TO THE POINT OF BEGINNING.
e
M
O
O
N
U
c' 11110111111 IIIEMI III 11101 1 JA 11111 III 11111 VIII IIii
L amoto
1 of 2 R 10.00 0 19.90 Weld County CO ,
cv _/2 ecord the day of ,A.D. , at o'clock M. RECORDER '
r By DEPUTY.
WARRANTY DEED
THIS DEED, Made on this day of February 10,2000 •
between MARTY L.CUTLER ..
•
and State of Colorado , the Grantor(s), and
of the County of WELD
HCP VENTURES.LLLP,A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP
•
•
whose legal address Is : 3002 SOUTH HURON LDSTREET,IUQGLBWOOD,
COLORADO 80110
• of the County of WELD ELD and State of Colorado the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sun of ( 8199,000.00 )
•
+'•One Hundred Ninety Nine Thousand and 00/100""' DOLLARS
i
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these I
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being in the _ County of
•
WELD and State of Colorado, described as follows:
SEE EXHIBIT"A' ATTACHED HERETO AND MADE A PART HEREOF , ino r�r,�m;��l;.;,(�� C:8
Use p •
•
also known as street outer 26216 WELD COUNTY ROAD 18,KEENESBURG,CO 80643
• TOGETHER with all and singular and hereditements and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either In law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs end personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encurbrances and restrictions of whatever kind or nature soever,
SUBJECT TO THOSE EXCEFI IONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO._FC200344 ISSUED BY LAND
TITLE GUARANTEE COMPANY AND EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS.
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable is
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole :I
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed
on the date set forth above.
141AKTY L. I/ ---
•
STATE OF Colorado )
Ise.
County of ADAMS )
The foregoing instrument was acknowledged before me on this day of February 10,2000 ,
by MARTY L.CUTLER
My commission xpKELLY A. KINNE •
Witness my han and MbliAl2lefftUBLIC , y.---(-jj ( A _.-
STATE OF COLORADO . ' S_otary c
Name and Address of - "� e ' gal •
Des iption ( 38-3 -106.5, C.R. .1
Es• } • BT200344 When Recorded Return to: HCP VENTURES,LLLP, A COLORADO LIMITED
T . ,N,• 00344 LIABILITY LIMITED PARTNERSHIP
_r 3002 SOUTH HURON STREET
. 1 SOUTH V Rev 4-94. WARRANTY DEED (Photographic Record WD1) ENGLEWOOD COLORADO 80110 ,
11111 1111 111 iii 111111 111111 Ill 11111 ff11 liii
71.49652 02/14/2000 12:22P JA Suki Tsukamoto
2 of 2 R 10.00 D 19.90 Weld County CO
EXHIBIT A
A TRACT OF LAND LOCATED IN THE NW 1/4 OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 64
WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS; BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 28; THENCE S 00
DEGREES 21' 30" N ALONG THE EAST LINE OF THE SAID NW 1/4 A DISTANCE OF 2,331.14
FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF U.S. INTERSTATE HWY 30;
THENCE S 89 DEGREES 52' 10" W ALONG SAID HIGHWAY A DISTANCE OF 501.36 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 87
DEGREES 11' 45" W, A DISTANCE OF 560.73 FEET; THENCE N 00 DEGREES 19' 30" W
PARALLEL TO THE WEST LINE OF THE SAID NW 1/4 AND LEAVING SAID HIGHWAY AT THIS
POINT A DISTANCE OF 1,854.81 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF
THE SAID NW 1/4 A DISTANCE OP 567.70 FEET; THENCE N 00 DEGREES 19' 30" W
PARALLEL TO THE SAID WEST LINE A DISTANCE OF 450.00 FEET TO A POINT ON THE
SAID NORTH LINE; THENCE EAST ALONG THE SAID NORTH LINE OF THE NW 1/4 A
DISTANCE OF 1,656.75 FEET MORE OR LESS TO THE POINT OF BEGINNING.
FC200344
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