The URL can be used to link to this page

Browse Search

Home My WebLink About20010067.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE, AND SPECIAL WARRANTY DEED AND AUTHORIZE CHAIR TO SIGN - ISLAND GROVE REGIONAL TREATMENT CENTER, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Sale and Purchase of Real Estate between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Island Grove Regional Treatment Center, Inc., 1140 M Street, Greeley, Colorado 80631, with terms and conditions being as stated in said agreement, for property located in part of Tract"C", Weld County Business Park, located in Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, pursuant to said agreement, the Board has been presented with a Special Warranty Deed from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, for property described in Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Sale and Purchase of Real Estate between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Island Grove Regional Treatment Center, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Special Warranty Deed from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, for property described in Exhibit "A," be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and Special Warranty Deed. 2001-0067 /odd' Lam' 7reafrnenf (7,e PR0022 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE, AND SPECIAL WARRANTY DEED - ISLAND GROVE REGIONAL TREATMENT CENTER, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of January, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO NTY, COLORADO ATTEST: Q>'/ \ M. J Geile, C air Weld County Clerk to t 3 Q C2dAVI 4, Glenn Vaad, - em BY: . . . Deputy Clerk to the Bo `PkTI ' W 'amH. Jerk/e�� APPf�6VED A O F M: j Uil e • avid g 2nty Attorney Robert D. Masden 2001-0067 PR0022 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE THIS AGREEMENT is made this 8th day of January 2001, . by and between the County of Weld, a body corporate and politic in the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Seller," and Island Grove Regional Treatment Center, Inc., a Colorado non-profit corporation, whose address is 1140 M Street, Greeley, Colorado 80631, hereinafter referred to as "Purchaser." WITNESSETH: That in consideration of the payment by the Purchaser to the Seller of the sum of$10.00 and in consideration of the mutual promises and covenants contained herein, Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from the Seller the real property which is described and shown in the attached Exhibit "A", hereinafter referred to as the "Parcel." The agreement of sale and purchase of the Parcel is subject to the following conditions: 1. Seller shall furnish to Purchaser a Special Warranty Deed for the Parcel. Seller shall provide title insurance that shall be paid for by Purchaser. 2. Seller and Purchaser agree that the current market value for the Parcel is $202,990.00, based upon a figure of$2.00 per square foot for 2.33 acres of real property. Consideration for the sale of the Parcel by Seller to Purchaser shall be $10, unless any one of the following events occurs prior to September 15, 2010, in which instance the Purchaser shall pay to the Seller that balance of the current market value ($202,990.00) declining on an equal basis over ten (10) years, according to the schedule shown in the attached Exhibit "B": a. Sale or other transfer of the Parcel by Purchaser, including an option to purchase exercisable at any time prior to September 15, 2010. b. To and until September 15, 2010, Purchaser fails to continuously operate thereon an outpatient services facility. Purchaser agrees to execute a Note and Deed of Trust which shall secure the current market value ($202,990.00) and the declining balances thereof over ten (10)years. 3. Title for the Parcel shall be merchantable in Seller. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient Special Page 1 of 4 Pages 2001-0067 ?,QUO ZZ 1 111111 11111 1111111 III 111111 IIII 1111111 III 11111 IIII IIII 2820616 01/22/2001 04:10P JA Suki Tsukamoto 1 of 6 R 0.00 D 0.00 Weld County CO Warranty Deed for the Parcel to Purchaser on a date certain set by mutual agreement between Seller and Purchaser, conveying the Parcel free and clear of all taxes and free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; free and clear of all liens and encumbrances, except those stated and set forth in paragraph 2, above; and subject to all applicable building and zoning regulations. 4. Purchaser shall be responsible for the payment of all property taxes for the year 2000, and each year thereafter, beginning on the date of delivery of deed. No property taxes shall be assessed for the portion of the year 2000 that title to Parcel was held by the Seller. 5. The date of closing shall be the date of delivery of deed as provided in paragraph 3, above. The hour and place of closing shall be designated by mutual agreement between Seller and Purchaser. 6. Time is of the essence hereof. 7. Possession of the Parcel shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies. 8. Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license,judgment, decree, order, instrument, or other verbal or written agreement to which the Seller is a party of or which the property is subject to, except as provided for herein. 9. All of the conditions, promises, and covenants stated herein shall be in full force and effect, notwithstanding the conveyance of the Parcel by Special Warranty Deed as outlined in paragraph 3, above, or the execution of the Note and Deed of Trust as outlined in paragraph 2, above, and shall not merge with the Special Warranty Deed, Note, and Deed of Trust. 10. Purchaser agrees to pay for the cost of obtaining title insurance for the Parcel and any and all taps for utilities extending from the street or nearest location to the Parcel. Such utilities include, but are not limited to, the following: water, sewer, electricity, gas, and telephone. Purchaser shall be allowed to tap into County's landscaping irrigation system and use reasonable amounts of water therefrom, at no cost to Purchaser, for the purpose of irrigating the landscaping around the outpatient services facility, including, but not limited to, the landscaping located on and within the water detention pond. Page 2 of 4 Pages 11111131111111111 111111011311111113 11111111 2820616 01/22/2001 04:10P JA Suki Tsukamoto 2 of 6 R 0.00 D 0.00 Weld County CO 11. This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. 12. Purchaser hereby assigns to Seller any rights it may obtain, by receiving the conveyance of the Parcel by Special Warranty Deed as outlined in paragraph 3., above, to approve or reject any future proposals for the creation of lots or land splits within the Weld County Business Park P.U.D. 13. Purchaser shall provide evidence at or prior to the time of closing that it has entered into a contract to construct its proposed outpatient services facility. 14. As beneficiary of the Deed of Trust, Seller agrees to subordinate such Deed of Trust to any deed of trust granted by the Purchaser to obtain financing for the construction of an outpatient services facility on the Parcel. 15. Seller reserves the right to be the sole entity to grant approval or disapproval of referrals from the City of Greeley for additional proposed developments in the Weld County Business P.U.D. 16. Seller shall landscape, at its cost, the water detention pond located on Property. Thereafter, Purchaser shall be solely responsible for maintaining said water detention pond and landscaping located thereon, and shall be allowed the use of County water for such maintenance purposes, as detailed in paragraph 10, above. Page 3 of 4 Pages 11111111111111111111111111 1111111 III IIIII OHO 2820616 01/22/2001 04:10P JA Suki Tsukamoto 3 of 6 R 0.00 D 0.00 Weld County CO IN WITNESS WHEREOF,the parties hereto have subscribed their names this 8th day of January 2001,. ATTEST: SELLER: CLElitic T THE BOARD ��. COUNTY OF WELD, A BODY {' L CORPORATE AND POLITIC OF THE -<-,�,` STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY (O) COMMISSIONERS OF WELD COUNTY, COLORADO By: Deputy Clerk to the B'o ��,l By: M. J. Geile, Chair (01/08/2001) PURCHASER: ISLAND GROVE REGIONAL TREATMENT CENTER, INC., a Colorado non-profit corporation By: U YU B. . ean, Executive Director SUBSCRIBED AND SWORN to before me this/Otilay of 2000. c � WITNESS my hand and official seal: :.t * n•,% rya N °" N tary Pu is J o✓yy '4 o ,tommissiai.expires: of c ;;n;ssioncExpresOCL17,0100..2_, w\wPFIA1UEE135;Geri wpd Page 4 of 4 Pages 1111111 11111 1111111 II 1111111 11111111111 II 111111 Ell I III 2820616 01/22/2001 04:10P JA Suki Tsukamoto 4 of 6 R 0.00 D 0.00 Weld County CO \\\„\ / /4 .---- \ NORTHEAST CORNER Ii WELD COUNTY \ , v /�QCy„V � SEC. 31, T.6N., R.65W. HAZARDOUS , Si . j -1.j- ALTERNATIVE HOME I WASTE /.,\\ � c0 FOR YOUTHo �, , ISLAND GROVE 4 ci a ytq- REGIONAL TREATMENT 1 \)C-- \ \ \ CENTER V e- �G� ` \ 3 vp E O G�(L� \ 2 5'f:65'1.S 00'00'00" INN I o \ O9SOP \ \ oil: 307.65' o \ F� �S -O DETENTION PONDI U �J99‘ \ „Li 2.33 ACRES '^ 0 \ N �yt0E� 1 \ N 90'00 O W- `u 1 ` b 428.3T ' ' N T.P.O.B. I1 I ' I FEDERAL EXPRESS I I Z a E SCALE: 1" = 200' / �Y / - / / STARTEK i .-c., , \ I -1.J fA C CURVE DELTA RADIUS ARC CHORD BEARING / / -40 C 09'11'34" 804.75' 129.12' 128.98' N 19'23'09" W i) f / -o „Jr?! Y ' f 3 �/ / � 1 N 90'00'00" W 50.00' C�l`k. � c 1 / — 0 0N 66'01'04" E 77.68' �' o 0 is N / 10.0 N a O3 S 89'55'16" E 67.68' g o• i 20' ��rC _ 4 N 57'00'00" E 91.35' C CC) I ' CO EAST 1/4 CORNER I a 0 -co S 88'33'53" E 91.13' SEC. 31, T.6N., R.65W. I I _N1O LEGAL DESCRIPTION Tract "C" — County Detention Pond A part of Tract "C" Weld County Business Park P.U.D. a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE1\4) to bear South 00' 00' OD" West, to the East Quarter (E1\4) Corner of said section, with all bearings contained herein being relative thereto; thence along the said East line South 00' 00' 00" West, a distance of 1,540.00 feet; thence North 90' 00' 00" West, a distance of 50.00 feet, o point on the West Right—of—Line of 11th Avenue also being the Northeast corner of Startek property and the True Point of Beginning of this description. Thence along the North line of Startek, North 90' 00' 00" West, a distance of 428.37 feet to a nontangent point on a curve also being the East Right—of—Way line of "H" Street; thence along said curve to the left having o radius of 804.75 feet, a central angle of 09' 11' 34", on arc distance of 129.12 feet, the long chord of which bears North 19' 23' 09" West, a distance of 128.98 feet, to the Southwest corner of Island Grove Regional Treatment Center property; thence along the South line of Island Grove Regional Treatment Center property the following three (3) courses and distances, (1) North 66' 01' 04" East, o distance of 77.68 feet; (2) thence South 89' 55' 16' East, a distance of 67.68 feet; (3) thence North 57' 00' 00" Eost, a distance of 196.52 feet, to the Southeast corner of said property also being the Southwest corner of the Alternative Home For Youth property; thence along the Alternative Home For Youth property the following two (2) courses and distances, (1) North 57' 00' 00" East, a distance of 91.35 feet; (2) thence South 88' 33' 53" East, a distance of 91.13 feet, to the Southeast corner of said property also being the East Right—of—Way line of 11th Avenue; thence along said Right—of—Way line. South 00' 00' 00" West, a distance_of 307.65 feet to the True point of Beginning. Said Parcel of land contains 2.33 acres, more or less, and is subject to any Rights—of—Way or other easements as granted or reserved by instruments of record or as now existing on said parcel of land. r NOTE: This Legal Description is based on the Weld County Business Pork P.U.D. Filing Plat as recorded in the Weld County Clerk & Recorder office, Book 1212 Rec. No. 2158271 on October 12, 1988, and does not represent an actual survey of the property. Legal Description Prepared by: Grant M. Waldo EXHIBIT "A" Ketterling, Butherus &. Norton Engineers, LLC. 820 8th Street Plaza Greeley, Colorado 80631 June 26, 2000 00025\POND June 26, 2000 alKETTERUNG, BUTHERUS 8 NORTON WELD COUNTY BUSINESS PARK I ! ,� 820 8th Street Plaza Greeley, Colorado GREELEY, COLORADO ENGINEERS (970) 395-9880 Tract "C" - County Detention Pond Exhibit"B" Year Balance September 15, 2000 to September 15, 2001 $202,990.00 September 15, 2001 to September 15, 2002 $182,691.00 September 15, 2002 to September 15, 2003 $162,392.00 September 15, 2003 to September 15, 2004 $142,093.00 September 15, 2004 to September 15, 2005 $121,794.00 September 15, 2005 to September 15, 2006 $101,495.00 September 15, 2006 to September 15, 2007 $81,196.00 September 15, 2007 to September 15, 2008 $60,897.00 September 15, 2008 to September 15, 2009 $40,598.00 September 15, 2009 to September 15, 2010 $20,299.00 M\W PPI LES\DEEDS\IGexbb wpd 111111111111111111 III 11111111111111111 I I 11111111111111 2820616 01/22/2001 04:10P JA Suki Tsukamoto 6 of 6 R 0.00 D 0.00 Weld County CO (P/ l SPECIAL WARRANTY DEED THIS DEED,Made this 8th day of January,2001,between the County of Weld,a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, grantor(s), and whose legal address is 915 10th Street, Greeley, Colorado 80631, and Island Grove Regional Treatment Center,Inc.,a Colorado non-profit corporation,whose address is 1140 M Street, Greeley, Colorado 80631, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of ten DOLLARS ($10.00),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), its heirs and assigns forever, all the real property, together with improvements, in any, statute, lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown in the attached Exhibit "A." TOGETHER with all and singular the 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 the appurtenances, unto the grantee(s), its heirs and assigns forever. The grantor(s) for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. COUNTY OF WELD, a body corporate and politic of the STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ATTEST: WELD 1861 Clerk to the Board Deputy Clerk to the � M. J. Geile, Chairman STATE OF COLORADO County of Weld ) ss. The forgoing instrument was acknowledged before me this 8th day of January,2001,by M. J. Geile, Chairman,Board of Count Commissioners of the County of Weld, a body corporate and politic of the State of Colorado -• ' pY Pi/ .. 0p 1 Witness my hand and official seal. DONNA J. BECHLER w My commission expires: yy..gg Opmu . Name and Address of Person Creatin5�ceteiel EgitatA0 MS Created Legal Description(§38-35-106.5,C.R.S.) Grant M.Waldo KNB Engineers 820 8th Street Plaza Greeley,Colorado 80631 M..\WPFILES\DEEDS\Gswd.wpd 1 11111 11111 1111111 III 111 1111 11111 III 1111 1111 1111 28206 2 R 0.00 0 0.00 01/22/2001 04:10P l ukamoto Weld County CO \ NORTHEAST CORNER I WELD COUNTY \\\ �./ .,:.',9-1�� SEC. 31, T.6N., R.65W. HAZARDOUS Cj// ALTERNATIVEFOR YOUTH ME I o WASTE Nevi \\ / . / Gp `(, C ISLAND GROVE 4 I In 362'‘' �($ REGIONAL TREATMENT \l' \ \ \ CENTER 5 t �JgPpCJY 0 I Ei'�F \\\ 2 3 y'fpp 5tiS 00'00'00" W I o p�y�OP C, % \ 195 307.65' \ o \\ s \ b DETENTION POND I --IllaZsse)C" \ �. N�{I�-2.33 ACRES N ��pfi�p 1 \ ` —N 9N � S \ \, 1 �� 428.37' T.P.O.H. \ II46 III IliFEDERAL EXPRESS 2 44 mom SCALE: 1" = 200\\ /' STARTEK — o / � o CURVE DELTA RADIUS ARC CHORD BEARING „'"',� amY CO 09'11'34" 804.75' 129.12' 128.98' N 19'23'09" W 4../fJ / =moo CDN 90'00'00" W 50.00' Al / —y o `s / a� 9 0 O2 N 66'01'04" E 77.68' X0_- 10.0' [ —o S 89'55'16" E 67.68' ^,/ / —oo 20' o O N 57'00'00" E 91.35' ' i ' —o� © EAST 1/4 CORNER =Nc S 88'33'53" E 91.13' SEC. 31, T.6N., R.65W. I I =N e LEGAL DESCRIPTION �g6 Tract "C" - County Detention Pond _ACM o A port of Tract "C" Weld County Business Park P.U.D. a subdivision within the City of Greeley, County of Weld, x•13 Stole of Colorado, more particularly described as follows: —01`1 Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE1\4) to bear South 00' 00' 00" West, to the East Quarter (E1\4) Corner of said section, with all bearings contained herein being relative thereto; thence along the said East line South 00' 00' 00" West, a distance of 1,540.00 feet; thence North 90' 00' 00" West, a distonce of 50.00 feet, a point on the West Right—of—Line of 11th Avenue also being the Northeast corner of Stortek property and the True Point of Beginning of this description. Thence along the North line of Startek, North 90' 00' 00" West, a distance of 428.37 feet to a nontongent point on a curve also being the East Right—of—Way line of "H" Street; thence along said curve to the left having a radius of 804.75 feet, a central angle of 09' 11' 34", on arc distance of 129.12 feet, the long chord of which bears North 19' 23' 09" West, a distance of 128.98 feet, to the Southwest corner of Island Grove Regional Treatment Center property; thence along the South line of Island Grove Regional Treatment Center property the following three (3) courses and distances, (1) North 66' 01' 04" East, a distonce of 77.68 feet; (2) thence South 89' 55' 16' East, a distance of 67.68 feet; (3) thence North 57' 00' 00" East, a distance of 196.52 feet, to the Southeast corner of said property also being the Southwest corner of the Alternative Home For Youth property; thence along the Alternative Home For Youth property the following two (2) courses and distances, (1) North 57 00' 00" East, a distance of 91.35 feet; (2) thence South 88' 33' 53" East, a distance of 91.13 feet, to the Southeast corner of said property also being the East Right—of—Way line of 11th Avenue; thence along said Right—of—Way line, South 00' 00' 00" West, o distonce of 307.65 feet to the True point of Beginning. Said Parcel of land contains 2.33 acres, more or less, and is subject to any Rights—of—Way or other easements as granted or reserved by instruments of record or as now existing on said parcel of land. NOTE: This Legal Description is based on the Weld County Business Park P.U.D. Filing Plat as recorded in the Weld County Clerk & Recorder office, Book 1212 Rec. No. 2158271 on October 12, 1988, and does not represent on actual survey of the property. Legal Description Prepared by: Grunt M. Waldo „ „ Ketterling, Butherus &.. Norton Engineers, LLC. EXHIBIT A 820 8th Street Plaza Greeley, Colorado 80631 June 26, 2000 OOO25\POND June 26, 2000 KETTERING, BUTFERUS & NORTON WELD COUNTY BUSINESS PARK ,, , GREELEY, COLORADO 820 8th Street Plaza Greeley, Colorado ENGINEERS (970) 395-9880 Tract "C" — County Detention Pond ISLAND GROVE REGIONAL TREATMENT CENTER, INC. Est. 1974 December 28, 2000 Bruce T. Barker Weld County Attorney P.O. Box 1948 Greeley, CO 80632 Dear Bruce: My apologies for the delay in returning the Agreement for Sale and Purchase of Real Estate, Promissory Note with Provision for Forgiveness, and Deed of Trust to you. We had some verbal agreements to define based on County in-kind contributions that had to be dealt with. If you have any questions, please do not hesitate to contact me. Sincerely, 4 BJ ---'-=n, MA, CAC III Executive Director Enclosures s////,,,///��_, A Behavioral Health Agency Specializing in Alcohol/Drug Abuse �� -pOlu7 �a, 1140 M Street,Greeley,CO 80631• iniAX(970)(ion356-1349•( 7 ) YDAD Intensive Treatment/Acute Care Services/Adminislration•(970)356-6664 Community Counseling Center•(970)351-6678/Fort Lupton Branch•(303)857-6365Family,Women's Services•(970)392-0261 �� WELD COUNTY ATTORNEY'S OFFICE (it b� PHONE: (970) 356-4000, EXT. 4391 �0 ' PHONE (970) 336-7235 FAX: (970) 352-0242 915 TENTH STREET wipP.O. BOX 1948 C GREELEY, COLORADO 80632 COLORADO September 21, 2000 B.J. Dean Executive Director Island Grove Regional Treatment Center, Inc. 1140 M Street Greeley, CO 80631 RE: Agreement, Note and Deed of Trust Dear B.J.: Enclosed are the Agreement for Sale and Purchase of Real Estate, Promissory Note with Provision for Forgiveness, and Deed of Trust for the property to be acquired by Island Grove at Weld County's North Business Park. The Note and Deed of Trust have deleted the reference to the "customer support service center;" and now refer to the "outpatient service facility." The same change has been made in paragraphs 2(b) and 10 of the Agreement. The Agreement also has changes for the landscaping and for the sprinkler system taps in paragraphs 10 and 16. Please review the language in those paragraphs and let me know if the language will work. I will send a copy of this letter to Don Warden for his review. If the documents are acceptable, please sign and send them to me at P.O. Box 758, 915 10th Street, Greeley, CO 80632. I may be reached at (970) 356-4000, ext. 4390. Sinc e22:, / grruce T. Barker -2z Weld County Attorney Enc. pc: Don Warden 61g DEED OF TRUST THIS DEED OF TRUST,dated September 15,2000,between Island Grove Regional Treatment Center, Inc.,a Colorado non-profit corporation,whose address is 1140 M Street,Greeley,Colorado 80631,and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated,in the State of Colorado, Witness: The grantor,to secure a promissory note or notes,hereinafter referred to in the singular,dated September 15,2000,for the total principal sum of$202,990.00 dollars,payable to the order of the County of Weld, State of Colorado,by and through the Board of County Commissioners of County of Weld,the beneficiary herein,whose address is 915 Tenth Street,Greeley,Colorado 80631, after the date thereof,with no interest thereon and subject to the provisions and conditions for forgiveness as set forth in said promissory note,does hereby grant and convey unto said Public Trustee the following described property,situate in the County of Weld, State of Colorado,to wit: The real property described and shown in the attached Exhibit"A." TO HAVE AND TO HOLD the same together with all its appurtenances,in trust nevertheless,that in case of default in the payment of said note or any part thereof,or in the performance of any covenants hereinafter set forth,then upon the beneficiary(note holder)filing notice of election and demand for sale,said Public Trustee,after advertising notice of said sale weekly,for not less than four weeks,in some newspaper of general circulation in said county,shall sell said property in the manner provided by law in effect at the time of filing said notice and demand,at public auction for cash,at any proper place designated in the notice of sale. Out of the proceeds of said sale said Trustee shall retain or pay first all fees,charges and costs and all moneys advanced for taxes,insurance and assessments,or on any prior encumbrance,with interest thereon,and pay the principal then due on said note,rendering the overplus(if any)unto the grantor;and after the expiration of the time of redemption,said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale. The beneficiary shall subordinate this deed of trust to any deed of trust granted by the Grantor to obtain financing for the construction of an outpatient services facility on said property. The grantor covenants that at the time of delivery of these presents,he is seized of said property in fee simple,and that said property is free of encumbrances. The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for fire and extended coverage in an amount equal to the unpaid balance of said note with loss payable to the beneficiary,will deliver a copy of the policy to the beneficiary,and will pay all taxes and assessments against said property and amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums,taxes,or amounts due on prior encumbrance,the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder,and in case of foreclosure,he will pay an attorney's fees incurred by the beneficiary. Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property,the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder,and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law. It is agreed that in case of default in payment of said principal or a breach of any of the covenants herein,then said principal sum hereby secured may at the option of the beneficiary become due and payable at once,anything in said note to the contrary not withstanding and possession of said property will thereupon be delivered to the beneficiary,and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property,who may he appointed by any court of competent jurisdiction. Whenever used herein the singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs,personal representatives,successors,and assigns of the parties hereto. Executed the day and year first above written. ISLAND GROVE REGIONAL TREATMENT CENTER,INC.,a Colorado non-profit corporation By: tie\Butive Director STATE OF COLORADO ) County of ) ss. �// ! �e texiiieh.) The foregoing instrument was acknowledged before me this/8"'"day of r,2000,by B. J. Dean,Executive Director,,jslafd+6roxp Regional Treatment Center, Inc.,a Colorado non-profit corporation. F my Cosftru ss otrexpires(f'Cft-6-64JJ7 00,1./ ' �witWe� � 'y ha i4 and official seal. - M < rr x� r w r /)Rj (AL/ �� ` N4ry Public ; •-..... mac, ��`�" //i0 m 1 t. pithy, eil 2063/ WHEN RECORDED RETURN TO: Bruce T.Barker Weld County Attorney P. O.Box 758 915 10`'Street Greeley,Colorado 80632 1111111 VIII 1111111 III 111111 11111111111 III VIII IIII I'll M\W PFILEE\DEEDS\IGdol wp] 2820618 01/22/2001 04:10P JA Suki Tsukamoto 1 of 2 R 0.00 D 0.00 Weld County CO \\.___"../ ./ " NORTHEAST CORNER II WELD COUNTY \ `\ /�� SEC. 31, T.EN., R.65W. HAZARDOUS , �j7 ALTERNATIVE HOME WASTE Ix /,,3 FOR YOUTH I o // GO \ , l ISLAND GROVE q I v yt\� \ REGIONAL TREATMENT vE. \ \ \ CENTER ' I RJ�� G� �\ \ oop E 5 I ; CPC \ \2 51% ' S 00'00'00" W o \ O��OP ' v 307.65' o \ E\ ��5 \ a DETENTION PONDI O SVEQ� \ ,• n1_ 2.33 ACRES ut \ 'At 1 \ ` N 90'00 O W- S 428.37' lie \ N1---,, J I 1 N T.P.O.B. 1 , 1 \ III w = FEDERAL EXPRESS / 'SCALE: 1" = 200' ' W a 5: � e aY / / STARTEK , —Fo CURVE DELTA RADIUS ARC CHORD BEARING / a / 0 t�7 09'11'34" 804.75' 129.12' 128.98' N 19'23'09" W / �-,C ,jw, / _cw O1 N 90'00'00" W 50.00' .� � 3 —o O2 N 66'01'04" E 77.68' / ca 1 —ro A / 10.0') a al o eq O3 S 89'55'16" E 67.68' �No 1 / 20 mimiiENO 0 N 57'00'00" E 91.35' a Q EAST 1/4 CORNER I —,—N © S 88'33'53" E 91.13' ' SEC. 31, T.6N., R.65W. I I -N' LEGAL DESCRIPTION _NN Tract C - County Detention Pond A part of Tract "C" Weld County Business Park P.U.D. a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing of the Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th Principol Meridian, and considering the East line of the Northeast Quarter (NE1\4) to bear South 00' 00' 00" West, to the Eost Quarter (E1\4) Corner of said section, with all bearings contained herein being relative thereto; thence along the said East line South 00' 00' 00" West, a distance of 1,540.00 feet; thence North 90' 00' 00" West, a distance of 50.00 feet, a point on the West Right—of—Line of 11th Avenue also being the Northeast corner of Startek property and the True Point of Beginning of this description. Thence along the North line of Startek, North 90' 00' 00" West, a distance of 428.37 feet to o nontangent point on o curve also being the East Right—of—Way line of "H" Street; thence along said curve to the left having a radius of 804.75 feet, a central angle of 09' 11' 34", an arc distance of 129.12 feet, the long chord of which bears North 19' 23' 09" West, a distance of 128.98 feet, to the Southwest corner of Islond Grove Regional Treatment Center property; thence along the South line of Island Grove Regional Treatment Center property the following three (3) courses and distances, (1) North 66' 01' 04" East, o distance of 77.68 feet; (2) thence South 89' 55' 16' East, a distance of 67.68 feet; (3) thence North 57' 00' 00" East, a distance of 196.52 feet, to the Southeast corner of said property also being the Southwest corner of the Alternotive Home For Youth property; thence along the Alternotive Home For Youth property the following two (2) courses and distances, (1) North 57' 00' 00" East, a distance of 91.35 feet; (2) thence South 88' 33' 53" East, a distance of 91.13 feet, to the Southeast corner of said property also being the East Right—of—Way line of 11th Avenue; thence along said Right—of—Way line, South 00' 00' 00" West, a distance of 307,65 feet to the True point of Beginning. Said Parcel of land contains 2.33 acres, more or less, and is subject to any Rights—of—Way or other easements os grunted or reserved by instruments of record or as now existing on said parcel of land. NOTE: This Legal Description is based on the Weld County Business Pork P.U.D. Filing Plot as recorded in the Weld County Clerk & Recorder office, Book 1212 Rec. No. 2158271 on October 12, 1988, and does not represent an actual survey of the property. Legal Description Prepared by: Grant M. Waldo EXHIBIT "A" Ketterling, Butherus &. Norton Engineers, LLC. 820 8th Street Plaza Greeley, Colorado 80631 June 26, 2000 00025\POND June 26, 2000 ,/ e, BETTE 'S, EtUTFERUS & NORTON WELD COUNTY BUSINESS PARK s. ,, 820 8th Street Plaza Greeley, Colorado GREELEY, COLORADO ENGINEERS (970) 395-9880 Tract "C" — County Detention Pond 6/> PROMISSORY NOTE WITH PROVISION FOR FORGIVENESS $ 202,990.00 Greeley, Colorado September 15, 2000 The undersigned, Island Grove Regional Treatment Center, Inc., a Colorado non-profit corporation, hereinafter referred to as "Maker", hereby promises to pay to the order of the County of Weld, State of Colorado, by and through the Board of County Commissioners of County of Weld, the sum of$202,990.00, to be repaid without interest in ten (10) equal annual installments, due and payable commencing one year from the making of this Note, and continuing each year thereafter until full and final payment is made. Each annual payment will be excused if, and only if, on the anniversary date, the Maker is the legal and equitable owner of the real estate described and shown in the attached Exhibit"A" (hereinafter referred to as "the real estate") for the purpose of operating an outpatient services facility, and the Maker has been continuously the owner throughout the proceeding 365 days. The principal balance shall be reduced by the amount of any excused payment, as shown in the attached Exhibit "B." Notwithstanding the forgoing provision, if the Maker ceases to own the real estate, or if the real estate is not operated as an outpatient services facility, or if the real estate is the subject of a "prohibited" transfer, as defined herein, at any time before September 15, 2010, the entire balance of this Note shall become due and payable immediately. For purposes of this Note, a "prohibited" transfer includes the sale or other transaction involving the conveyance of the legal or equitable title or interest to the real estate, effective immediately or effective at a future date, and includes an option to purchase exercisable at any time before September 15, 2010. A "prohibited" transfer does not include: 1. The creation of a lien or encumbrance subordinate to the Deed of Trust securing this Note, or a lien or encumbrance to which the County of Weld, State of Colorado, subordinates the Deed of Trust in writing; 2. The transfer of title by devise or descent, or by operation of law upon the death of a joint tenant; or 3. A sale or other transfer to which the Board of County Commissioners of the County of Weld consents to in writing. Notwithstanding any other provision of this paragraph, said Board of County Commissioners shall have no right to declare a default if the County of Weld, State of Colorado and the transferee mutually agree in writing to the assumption of the indebtedness by the transferee. The Maker hereby acknowledges that the County of Weld, State of Colorado, by and through the Board of County Commissioners of County of Weld has transferred to it the real estate with current market value as of the date of the signing of this Note in the amount shown above, for the 111111111111 1111 IMO 11111111111III 11111 IIII 1 oft Pages 2820619 01/22/2001 04:10P JA Suki Tsukamoto 1 of 2 R 0.00 D 0.00 Weld County CO purpose of the development of a business located on said real estate, and that one of the conditions for forgiveness of this Note is that the Maker continues to own the real estate and continues to occupy and use the real estate as an outpatient services facility, for at least ten (10) years from the date of the Note. The undersigned further acknowledges that one of the purposes of this Note and the Deed of Trust given to secure it is to assure compliance with such conditions. The undersigned further acknowledges that the transfer of the hereinafter described real estate to it constitutes sufficient and adequate consideration for this Note. The indebtedness evidenced by this Note is secured by a Deed of Trust, dated September , 2000, and, until released, said Deed of Trust contains additional rights of the note holder. The real estate subject to this Note and the Deed of Trust securing it is identified as follows: The real property described and shown in the attached Exhibit "A". ISLAND GROVE REGIONAL TREATMENT CENTER, INC., a Colorado non-profit corporation, MAKER By: B. J ean, Executive Director SUBSCRIBED AND SWORN to before me this/g day of c , 2000. WITNESS my hand and official seal: .. .. ARY PunsLi"id . - eN N tart' Pak 1,_•.......•• mac. < ov cu My co iiinission expires: My Commission ExplresOct g G7 0 Oct/ M\W PFILES\DEEDS\IGnotwpd 111111111111111111 III 11111111111111111 III 11111 Ilil 1111 2820619 01/22/2001 04:10P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO Page 2 of 2 Pages Hello