HomeMy WebLinkAbout20000484 RESOLUTION
RE: APPROVE AGREEMENT TO AMEND/EXTEND CONTRACT TO BUY AND SELL
REAL ESTATE FOR MIGRANT HEAD START PROGRAM IN GRAND JUNCTION,
COLORADO, AND AUTHORIZE CHAIR TO SIGN
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 to Amend/Extend the
Contract to Buy and Sell Real Estate for the Migrant Head Start Program in Grand Junction,
Colorado, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and Remax
Two Rivers Realty, Inc., Go Steve Fleming, with terms and conditions being as stated in said
agreement, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement to Amend/Extend the Contract to Buy and Sell
Real Estate for the Migrant Head Start Program in Grand Junction, Colorado, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Human Services, and Remax Two Rivers Realty,
Inc., do Steve Fleming, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair or Chair Pro-Tem be, and
hereby is, authorized to sign all necessary closing documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of February, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COL RA DO
ATTEST: %Li �'� J�a F// ��� LGU
•
Barbara Kirkmeyer, Chair
Weld County Clerk to t cg ?
0 '1/4v..
1° ' ei e, Pro-Tem
puty Clerk to the: `r f , 1 , 1
/Geo . Ba r °J -� '
Ca �h—
APP ED A O FORM: 4
Dale K. Hall
o my ttorney EXCUSED
Glenn Vaad
2000-0484
PR0018
556
The printed portions of this form,except(itnlicizer°(differentiated)additions,have been approved by the
Colorado Real Estate Commission. (AE41-9-00)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT
LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
AGREEMENT TO AMEND/EXTEND CONTRACT
Date: February 28,2000
RE: Contract dated December 20.1999 between County of Weld,a political subdivision of the State of Colorado
(Buyer)and Nancy L.Boh and Eldon L.Boh,(Seller),relating to the sale and purchase of the following
described real estate in the County of Mesa Colorado:
Lot 2 of 31 Road Business Park(TX 82943-094-77-002)
known as No. 3093 E.25 Road, Grand Junction, CO 81504 (Property).
Street Address City State Zip
Buyer and Seller hereby agree to amend the aforesaid contract as follows:
§2c. Dates and Deadlines.
Item No. Reference Event Date or Deadline
1 5 5a Loan Application Deadline N/A
2 4 5b Loan Commitment Deadline N/A
3 §5c Buyer's Credit Information Deadline N/A
4 4 Sc Disapproval of Buyer's Credit Deadline N/A
5 §5d Existing Loan Documents Deadline N/A
6 4 5d Objection to Existing Loan Deadline N/A
7 S Sd Approval of Loan Transfer Deadline N/A
8 5 6a Appraisal Deadline N/A
9 5 7a Title Deadline February 11,2000
10 5 7a Survey Deadline N/A
11 §7b Document Request Deadline February 14,2000
12 4 7c,4 8a Governing Documents&Title Objection Deadline February 17,2000
13 6 8b Off-Record Matters Deadline February 17,2000
14 §8b Off-Record Matters Objection Deadline February 21,2000
15 §Se Right Of First Refusal Deadline N/A
16 5 10 Seller's Property Disclosure Deadline February 4,2000
17 §10a Inspection Objection Deadline March 10,2000
18 §10b Resolution Deadline March 14,2000
19 4 11 Closing Date March 16,2000
20 5 16 Possession Date March 16,2000
21 5 16 Possession Time 4:00 p.m.
22 5 28 Acceptance Deadline Date February 2,2000
23 S 28 Acceptance Deadline Time 5:00 p.m.
Other dates or deadlines set forth in said contract shall be changed as follows:
Additional amendments:
See attached Exhibit"1".
All other terms and conditions of said contract shall remain the same.
This proposal shall expire unless accepted in writing,by Buyer and Seller,as evidenced by their signatures below,and the
offering party receives notice of acceptance on or before
1Lt \ \ Date g_taj (2.4._
iihirNkrey L.Eton Se*rE tt L.Bake (,a
Date of Seller's Signature: Date of Seller's Signature
See Attached Exhibit"2".
Buyer Buyer
Date of Buyer's Signature: Date of Buyer's Signature:
1 ILO 111111111111 III IIII 1111111111111 III 111111111 III
2755555 03/15/2000 12:18P JA Suki Tsukamoto o7CYJ0 - O1-try
1 of 3 R 0.00 D 0.00 Weld County en
EXHIBIT "1"
Additional amendments:
1) Paragraph#4, Item#1, Reference 4 shall be adjusted down from $99,000 to $89,900.
Total cash at closing shall be $86,000 on Line 6, Reference 4e. This concession in price
is a resolution of the Buyer's inspection objection of the lack of a sewer line in the E.25
Road in front of the Property, which is conditioned upon the receipt of a sewer line
extension installation permit to be issued by the Central Grand Valley Sanitation District
as referenced in Item C of Exhibit A.
2) Exhibit A, Item C shall be amended to include the following sentence: "This Contract is
further contingent upon the Purchaser receiving the issuance of a sewer line extension
installation permit to be issued by the Central Grand Valley Sanitation District for the
extension of a sewer line along the E.25 Road in front of the Property. Denial of the
permit shall entitle the Purchaser to terminate this Contract as set forth in Item E, below."
3) The correct full name of the Buyer is: "County of Weld, a political subdivision of the
State of Colorado." Title shall be held in such name.
1111111111111111111 ���� 1111111111111III11111IIIIIIII
2755555 03/15/2000 12:18P JA Suki Tsukamoto
2 of 3 R 0.00 D 0.00 Weld County CO
EXHIBIT "2"
Signature of Buyer:
County of Wel a political subdivision of the State of Colorado
By:
eil , Chair
Pro-Tern (oa/a0oaa)
Board of County Commissioners of the County of Weld,
on behalf of the Weld County Division of Human Services
1I1111111111I111111III ILEUM IMO Mi nn III' II
2755555 3 3 IZ 12:18P ukamoto
of R 0.00 D 0.00 Weld County CO
.. s's AMERroI APR - 3 2000 4, ;i FiggisiS4 4,
WELD COUNTY
A•T'i ORN EY'S OF%"lCP'
First American Title Company
TO: DATE: MAR Z 9 2000
COUNTY OF WELD
PO BOX 1948
GREELEY, CO 80632
ORDER NO.: 00137001
OWNER: Weld County
ADDRESS: 3093 E 1/4 Road
PLEASE FIND ATTACHED:
0 OWNER'S TITLE POLICY #J1153791
Your Title Insurance Policy should be kept with your permanent records. All premiums were paid at the time
of closing. Please feel free to contact our title department if you should have any questions in connection with
this policy.
We will maintain a file on your property enabling us to give you fast and accurate service in the future. In the
event you choose to sell or refinance your property within the next 3 years, First American Title Company
offers a discount on insurance premiums.
Thank You for Choosing First American Title Company
330 GRAND AVENUE • GRAND JUNCTION, COLORADO 81501-2448
(970) 241-8555 • FAX (970) 241-0934
PLEASE REFER POLICY QUESTIONS TO THE POLICY DEPARTMENT AT THE ABOVE PHONE NUMBER.
1RANSP.TTL.12/95
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Form No 1A02.92 ` „1
(10/17/92) i
ALTA
yK Ownere Policy \, T�4 POLICY OF TITLE INSURANCE ill
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I it e SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 111 f`
f B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California '0
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corporation, herein called the Company,insures, as of Date of Policy shown in Schedule A,against loss or damage,
et not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: ice,,
at 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; ID
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li 2. Any defect in or lien or encumbrance on the title; w
3. Unmarketability of the title; 0 .,
44 4. Lack of a right of access to and from the land. #
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The Company will also pay the costs, attorneys'fees and expenses incurred in defense of the title, as insured, but s
only to the extent provided in the Conditions and Stipulations. ►
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First American Title Insurance Company
4 BY r/ PRESIDENT
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ATTEST , 4 /,,,,, SECRETARY 2+\\
1153791 /
1edirb 'gib rt tvabvi !tll*1Yr+ilrltarrir winyi virrQl�aIMT11arY vv
Form No. 1402-A
ALTA Owner's Policy
Form B-1970
SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $236.00 REISSUE RATE
Amount of Insurance: $89,900.00 Policy No. .J1153791
Order No. 00137001
Date of Policy March 20, 2000 at 2:44 P.M.
1. Name of Insured:
County of Weld, a political subdivision of the State of Colorado
2. The estate or interest referred to herein is at Date of Policy vested in:
County of Weld, a political subdivision of the State of Colorado
3. The estate or interest in the land described in Schedule C and which is covered by this policy is:
Fee Simple
Form No.1402-D(1/84) Policy No. J1153791
ALTA Standard Policy Order No. 00137001
Colorado
SCHEDULE B
This Policy does not insure against loss or damage, including attorney fees, by reason of the matters
shown below:
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
2. Easements or claims of easement which are not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts
which a correct survey would disclose, and which are not shown by public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Any water rights or claims or title to water in, on or under the land.
6. Taxes for the year 2000, now a lien, but not yet due or payable.
7. Any assessments not certified to the Treasurer.
8. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom should the same be
found to penetrate or intersect the premises hereby granted as reserved in United States Patent
recorded May 6, 1908, in Book 11 at Page 555.
9. Covenants, conditions and restrictions none of which contain a forfeiture or reverter clause, but
omitting restrictions, if any, based on race, color, religion or national origin, as contained in
instrument recorded May 4, 1977, in Book 1104 at Page 115.
10. Utility and drainage easement, said easement being over the Northerly 15 feet of subject property,
as shown on the Plat of said Subdivision.
11. Any lease not of record but in existence, and any and all assignments of interest therein.
Form No. 1056-4 Policy No. J1153791
All Policy Forms
Order No. 00137001
SCHEDULE C
The land referred to in this policy is situated in the State of Colorado County of Mesa and is described as follows:
Lot 2,
31 Road Business Park
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,attorneys'fees or expenses which
arise by reason of:
1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting
or relating to (i)the occupancy, use, or enjoyment of the land; (H)the character, dimensions or location of any improvement now or hereafter erected on the
land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a)created, suffered, assumed or agreed to by the insured claimant;
(b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy; or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws,that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. by this policy which constitutes the basis of loss or damage for any loss or damage caused thereby.
and shall state,to the extent possible,the basis of calculating (b) In the event of any litigation,including litigation by
The following terms when used in this policy mean: the amount of the loss or damage. If the Company is the Company or with the Companys consent,the Company
(a) "insured":the insured named in Schedule A,and, Prejudiced by the failure of the insured claimant to provide the shall have no liability for loss or damage until there has been
subject to any rights or defenses the Company would have required proof of loss or damage,the Company's obligations a final determination by a court of competent jurisdiction,
had against the named insured,those who succeed to the to the insured under the policy shall terminate,including any and disposition of all appeals therefrom,adverse to the title
interest of the named insured by operation of law as liability or obligation to defend, prosecute, or continue any as insured.
distinguished from purchase including, but not limited to, litigation,with regard to the matter or matters requiring such (c) The Company shall not be liable for loss or
heirs,distributees,devisees,survivors,personal representa- proof of loss or damage. damage to any insured for liability voluntarily assumed by the
rives, next of kin, or corporate or fiduciary successors. In addition, the insured claimant may reasonably be insured in settling any claim or suit without the prior written
(b) "insured claimant":an insured claiming loss or required to submit to examination under oath by any consent of the Company.
damage. authorized representative of the Company and shall produce
(c) "knowledge"or"known": actual knowledge, for examination,inspection and copying,at such reasonable 10. REDUCTION OF INSURANCE;REDUCTION OR
constructive knowledge or notice n":which may be imputed not times and places as may be designated by any authorized TERMINATION OF LIABILITY.
g D representative of the Company, all records, books, ledgers,
an insured by reason of the public records as defined in this checks,correspondence and memoranda,whether bearing a
policy or any other records which impart constructive notice date before or after Date of Policy,which reasonably pertain All payments under this policy,except payments made
of matters affecting the land. to the loss or damage.Further,if requested by any authorized for costs, attorneys' fees and expenses, shall reduce the
(d) "land": the land described or referred to in representative of the Company, the insured claimant shall amount of the insurance pro Canto.
Schedule(A),and improvements aff ixed thereto which by law grant its permission, in writing, for any authorized rep- 11. LIABILITY NONCUMULATIVE.
constitute real property.The term"land"does not include any resentative of the Company to examine,inspect and copy all
property beyond the lines of the area described or referred records,books,ledgers,checks,correspondence and mem- It is expressly understood that the Amount of In-
to in Schedule (A), nor any right, title, interest, estate or oranda in the custody or control of a third party, which surance under this policy shall be reduced by any amount the
easement in abutting streets, roads,avenues,alleys,lanes, reasonably pertain to the loss or damage. All information Company may pay under any policy insuring a mortgage to
ways or waterways,but nothing herein shall modify or limit designated as confidential by the insured claimant provided which exception is taken in Schedule B or to which the
the extent to which a right of access to and from the land is to the Company pursuant to this Section shall not be insured has agreed,assumed,or taken subject,or which is
insured by this policy. disclosed to others unless,in the reasonable judgment of the
or
(e) "mortgage":mortgage,deed of trust,trust deed, Company,it is necessary in the administration of the claim. hereafter liothe executed or by ian insured described and which is a charge to in
or other security instrument. Failure of the insured claimant to submit for examination Schedule en o A d theinterest o or referred is
under oath,produce other reasonably requested information A, and amount so paid shall be deemed a
(f) "public records":records established under state payment under this policy to the insured owner
statutes at Date of Policy for the purpose of imparting or grant permission to secure reasonably necessary informa-
constructive notice of matters relating to real property to lion from third parties as required in this paragraph,unless 12. PAYMENT OF LOSS.
purchasers for value and without knowledge.With respect to prohibited by law or governmental regulation,shall terminate
Section 1(a)(iv) of the Exclusions From Coverage, "public any liability of the Company under this policy as to that claim.
(a) Nond payment shall be made without producing this
records"shall also incude environmental protection liens filed 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; policy for endorsement of the payment unless the policy has
in the records of the clerk of the United States district court TERMINATION OF LIABILITY. been lost or destroyed, in which case proof of loss or
for the district in which the land is located. destruction shall be furnished to the satisfaction of the
(g) "unmarketability of the title": an alleged or In case of a claim under this policy,the Company shall Company.
apparent matter affecting the title to the land,not excluded or have the following additional options: (b) When liability and the extent of loss or damage has
excepted from coverage,which would entitle a purchaser of been definitely fixed in accordance with these Conditions and
the estate or interest described in Schedule A to be released (a) To Pay or Tender Payment of the Amount of Stipulations,the loss or damage shall be payable within 30
from the obligation to purchase by virtue of a contractual Insurance.
u
condition requiring the delivery of marketable title. To pay or tender payment of the amount of insurance days thereafter.
under this policy together with any costs,attorneys'fees and 13. SUBROGATION UPON PAYMENT
2. CONTINUATION OF INSURANCE AFTER expenses incurred by the insured claimant, which were OR SETTLEMENT.
CONVEYANCE OF TITLE. authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to (a) The Company's Right of Subrogation.
The coverage of this policy shall continue in force as pay Whenever the Company shall have settled and paid a
of Date of Policy in favor of an insured only so long as the Upon the exercise by the Company of this option, all claim under this policy,all right of subrogation shall vest in
insured retains an estate or interest in the land,or holds an liability and obligations to the insured under this policy,other the Company unaffected by any act of the insured claimant.
indebtedness secured by a purchase money mortgage given than to make the payment required,shall terminate,including The Company shall be subrogated to and be entitled to all
by a purchaser from the insured, or only so long as the any liability or obligation to defend; prosecute, or continue riehfs and remedies whir.hlhe insured claimant would have
insured snail nave liability by reason of covenants of warranty "1"Y "" D"`", c".""O Wu" ° ° °° '" °'°°'°" °
Company for cancellation. had against any person or property in respect to the claim
made by the insured in any transfer or conveyance of the had this policy not been issued.If requested by the Company,
estate or interest.This policy shall not continue in force in (b) To Pay or Otherwise Settle With Parties Other than the insured claimant shall transfer to the Company all rights
favor of ant purchaser from the insured of either(i)an estate the Insured or With the Insured Claimant. and remedies against any person or property necessary in
or interest in the land, or(ii) an indebtedness secured by a (i) to pay or otherwise settle with other parties for order to perfect this right of subrogation. The insured
purchase money mortgage given to the insured. or in the name of an insured claimant any claim insured claimant shall permit the Company to sue, compromise or
against under this policy,together with any costs,attorneys' settle in the name of the insured claimant and to use the name
3. NOTICE OF CLAIM TO BE GIVEN BY fees and expenses incurred by the insured claimant which of the insured claimant in any transaction or litigation
INSURED CLAIMANT. were authorized by the Company up to the time of payment involving these rights or remedies.
and which the Company is obligated to pay; or If a payment on account of a claim does not fully cover
The insured shall notify the Company promptly in (ii) to pay or otherwise settle with the insured the loss of the insured claimant, the Company shall be
writing(i)in case of any litigation as set forth in Section 4(a) claimant the loss or damage provided for under this policy, subrogated to these rights and remedies in the proportion
below, (ii) in case knowledge shall come to an insured together with any costs, attorneys' fees and expenses which the Company's payment bears to the whole amount
hereunder of any claim of title or interest which is adverse to incurred by the insured claimant which were authorized by the of the loss.
the title to the estate or interest,as insured,and which might Company up to the time of payment and which the Company If loss should result from any act of the insured
cause loss or damage for which the Company may be liable is obligated to pay. claimant,as stated above,that act shall not void this policy,
by virtue of this policy,or(iii)if title to the estate or interest, Upon the exercise by the Company of either of the but the Company,in that event,shall be required to pay only
as insured,is rejected as unmarketable.If prompt notice shall options provided for in paragraphs (b)(i) or (ii), the Com- that part of any losses insured against by this policy which
not be given to the Company,then as to the insured all liability pany's obligations to the insured under this policy for the shall exceed the amount, if any, lost to the Company by
of the Company shall terminate with regard to the matter or claimed loss or damage,other than the payments required to reason of the impairment by the insured claimant of the
matters for which prompt notice is required; provided, be made,shall terminate,including any liability or obligation Company's right of subrogation.
however,that failure to notify the Company shall in no case to defend,prosecute or continue any litigation. (b) The Company's Rights Against non-insured
prejudice the rights of any insured under this policy unless Obligors.
the Company shall be prejudiced by the failure and then only 7. DETERMINATION,EXTENT OF LIABILITY The Company's right of subrogation against non-
to the extent of the prejudice. AND COINSURANCE. insured obligors shall exist and shall include, without
4. DEFENSE AND PROSECUTION OF ACTIONS; This policy is a contract of indemnity against actual limitation,the rights of the insured to indemnities,guaranties,
DUTY OF INSURED CLAIMANT TO COOPERATE. monetary loss or damage sustained or incurred by the other policiesc i insurance n or those bonho, instruments nwituen which ch
insured claimant who has suffered loss or damage by reason terms or for subrogation oga ghts in ofispolicy.
(a) Upon written request by the insured and subject to of matters insured against by this policy and only to the extent provide rights by reason of this
the options contained in Section 6 of these Conditions and herein described. 14. ARBITRATION.
Stipulations, the Company, at its own cost and without (a) The liability of the Company under this policy shall
unreasonable delay, shall provide for the defense of an not exceed the least of: Unless prohibited by applicable law,either the Com-
insured in litigation in which any third party asserts a claim (i) the Amount of Insurance stated in Schedule A; pany or the insured may demand arbitration pursuant to the
adverse to the title or interest as insured,but only as to those or Title Insurance Arbitration Rules of the American Arbitration
stated causes of action alleging a defect, lien or en- (ii) the difference between the value of the insured Association. Arbitrable matters may include, but are not
cumbrance or other matter insured against by this policy.The estate or interest as insured and the value of the insured estate limited to,any controversy or claim between the Company
Company shall have the right to select counsel of its choice or interest subject to the defect,lien or encumbrance insured and the insured arising out of or relating to this policy,any
(subject to the right of the insured to object for reasonable against by this policy. service of the Company in connection with its issuance or
cause)to represent the insured as to those stated causes of (b) In the event the Amount of Insurance stated in the breach of a policy provision or other obligation. All
action and shall not be liable for and will not pay the fees of Schedule A at the Date of Policy is less than 80 percent of arbitrable matters when the Amount of Insurance is
any other counsel.The Company will not pay any fees,costs the value of the insured estate or interest or the full $1,000,000 or less shall be arbitrated at the option of either
or expenses incurred by the insured in the defense of those consideration paid for the land, whichever is less, or if the Company or the insured.All arbitrable matters when the
causes of action which allege matters not insured against by subsequent to the Date of Policy an improvement is erected Amount of Insurance is in excess of$1,000,000 shall be
this policy. on the land which increases the value of the insured estate arbitrated only when agreed to by both the Company and the
(b) The Company shall have the right,at its own cost, or interest by at least 20 percent over the Amount of insured. Arbitration pursuant to this policy and under the
to institute and prosecute any action or proceeding or to do Insurance stated in Schedule A,then this Policy is subject to Rules in effect on the date the demand for arbitration is made
any other act which in its opinion may be necessary or the following: or,at the option of the insured,the Rules in effect at Date of
desirable to establish the title to the estate or interest, as (i) where no subsequent improvement has been Policy shall be binding upon the parties. The award may
insured, or to prevent or reduce loss or damage to the made,as to any partial loss,the Company shall only pay the include attorneys'fees only if the laws of the state in which
insured.The Company may take any appropriate action under loss pro rata in the proportion that the Amount of Insurance the land is located permit a court to award attorneys'fees to
the terms of this policy, whether or not it shall be liable at Date of Policy bears to the total value of the insured estate a prevailing party.Judgment upon the award rendered by the
hereunder, and shall not thereby concede liability or waive or interest at Date of Policy; or (ii) where a subsequent Arbitrator(s)may be entered in any court having jurisdiction
any provision of this policy.If the Company shall exercise its improvement has been made, as to any partial loss, the thereof.
rights under this paragraph, it shall do so diligently. Company shall only pay the loss pro rata in the proportion that The law of the situs of the land shall apply to an
(c) Whenever the Company shall have brought an 120 percent of the Amount of Insurance stated in Schedule arbitration under the Title Insurance Arbitration Rules.
action or interposed a defense as required or permitted by the A bears to the sum of the Amount of Insurance stated in A copy of the Rules may be obtained from the
provisions of this policy, the Company may pursue any Schedule A and the amount expended for the improvement. Company upon request.
litigation to final determination by a court of competent The provisions of this paragraph shall not apply to
jurisdiction and expressly reserves the right, in its sole costs,attorneys'fees and expenses for which the Company 15. LIABILITY LIMITED TO THIS POLICY;
discretion,to appeal from any adverse judgment or order. is liable under this policy,and shall only apply to that portion POLICY ENTIRE CONTRACT.
(d) In all cases where this policy permits or requires of any loss which exceeds, in the aggregate, 10 percent of
the Company to prosecute or provide for the defense of any the Amount of Insurance stated in Schedule A. (a) This policy together with all endorsements,if any,
action or proceeding, the insured shall secure to the (c) The Company will pay only those costs,attorneys' attached hereto by the Company is the entire policy and
Company the right to so prosecute or provide defense in the fees and expenses incurred in accordance with Section 4 of contract between the insured and the Company.In interpret-
action or proceeding,and all appeals therein,and permit the these Conditions and Stipulations. ing any provision of this policy,this policy shall be construed
Company to use,at its option,the name of the insured for this as a whole.
purpose.Whenever requested by the Company,the insured, 8. APPORTIONMENT. (b) Any claim of loss or damage, whether or not
at the Company's expense, shall give the Company all based on negligence,and which arises out of the status of
reasonable aid (i) in any action or proceeding, securing If the land described in Schedule(A)(C)consists of two the title to the estate or interest covered hereby or by any
evidence,obtaining witnesses,prosecuting or defending the or more parcels which are not used as a single site,and a loss action asserting such claim,shall be restricted to this policy.
action or proceeding,or effecting settlement,and(ii)in any is established affecting one or more of the parcels but not all, (c) No amendment of or endorsement to this policy
other lawful act which in the opinion of the Company may be the loss shall be computed and settled on a pro rata basis as can be made except by a writing endorsed hereon or attached
necessary or desirable to establish the title to the estate or if the Amount of Insurance under this policy was divided pro hereto signed by either the President,a Vice President,the
interest as insured.If the Company is prejudiced by the failure rata as to the value on Date of Policy of each separate parcel Secretary, an Assistant Secretary, or validating officer or
of the insured to furnish the required cooperation, the to the whole, exclusive of any improvements made sub- authorized signatory of the Company.
Company's obligations to the insured under the policy shall sequent to Date of Policy, unless a liability or value has
terminate, including any liability or obligation to defend, otherwise been agreed upon as to each parcel by the 16. SEVERABILITY.
prosecute,or continue any litigation,with regard to the matter Company and the insured at the time of the issuance of this
or matters requiring such cooperation. policy and shown by an express statement or by an In the event any provision of the policy is held invalid
endorsement attached to this policy. or unenforceable under applicable law,the policy shall be
5. PROOF OF LOSS OR DAMAGE. deemed not to include that provision and all other provisions
9. LIMITATION OF LIABILITY. shall remain in full force and effect.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been (a) If the Company establishes the title,or removes the 17. NOTICES,WHERE SENT.
provided the Company,a proof of loss or damage signed and alleged defect, lien or encumbrance, or cures the lack of a
sworn to by the insured claimant shall be furnished to the right of access to or from the land, or cures the claim of All notices required to be given the Company and any
Company within 90 days after the insured claimant shall unmarketability of title,all as insured,in a reasonably diligent statement in writing required to be furnished the Company
ascertain the facts giving rise to the loss or damage. The manner by any method,including litigation and the comple- shall include the number of this policy and shall be addressed
proof of loss or damage shall describe the defect in,or lien tion of any appeals therefrom,it shall have fully performed its to the Company at 114 East Fifth Street,Santa Ana,California
or encumbrance on the title,or other matter insured against obligations with respect to that matter and shall not be liable 92701,or to the office which issued this policy.
00137001 Boaac2690 Pamic548
1743073 03/ 0/00 0143rd
WARRANTY DEED Mowtxa Tape CSKSae Mesa Cmmrr Co
Rsciss 15,00
DOCUMENTARY ft 98.99
Grantor(s),Nancy L. Boh and Elden L. Bob whose address is , Grand Junction, Co. County of
Mesa,State of Colorado,for the consideration of EIGHTY-NINE THOUSAND NINE HUNDRED AND
00/100 Dollars in hand paid,hereby sell(s)and convey(s)to County of Weld,a political subdivision of the
State of Colorado whose legal address is 915 Tenth Street,P.O.Box 1948,Greeley,Colorado 80632
County of , and State of Colorado, the following real property in the County of Mesa,and State of
Colorado,to wit:
Lot 2,
31 Road Business Park
C
m
also known by street and number as 3093 E 1/4 Road,Grand Junction,CO 81504
Tax Parcel Number:2943-094-77-002
with all its appurtenances, and warrant(s)the title to the same, subject to general taxes for 2000, due and
payable in 2001, and all subsequent taxes and special assessments; easements, covenants, conditions,
restrictions,agreements and reservations of record;building and zoning regulations.
Signed this 16th day of arch,2000/
Nancy L.Bob Elden L.Bob
State of Colorado
)ss.
County of Mesa
The foregoing instrument was acknowledged before me this 16th day of March,2000 by Nancy L.
Boh and Elden L.Boh
Witness my hand and official seal.
1
i;: • (/
?�• ' Notary P% u lir
.Jtllll , My Confmi ion expires:
0.. OREEN
:ter ,�..b•:� ,
My Cpmihslon Bird02(12/2002
*If in Denver,insert"City and"
No.897 Rev. 12-85.
Prepared by:First American T le Company 00137001
me MOM Fenn'3CO01 CO Rev.MOW
B000c269O Pacsa54S
00137001
1943073 03/20/00 0243PM
WARRANTY DEED tIONIKA TODD Cuc&REC MESA COUNTY Co
RECFEE $5.00
DOCUMENTARY FEE $8.99
Grantor(s), Nancy L. Boh and Elden L. Boh whose address is , Grand Junction, Co. County of
Mesa, State of Colorado, for the consideration of EIGHTY-NINE THOUSAND NINE HUNDRED AND
00/100 Dollars in hand paid,hereby sell(s)and convey(s) to County of Weld, a political subdivision of the
State of Colorado whose legal address is 915 Tenth Street, P. O. Box 1948, Greeley, Colorado 80632
County of , and State of Colorado, the following real property in the County of Mesa, and State of
Colorado,to wit:
Lot 2,
31 Road Business Park
TI ,.
'O
0
CD
also known by street and number as 3093 E 1/4 Road, Grand Junction,CO 81504
Tax Parcel Number: 2943-094-77-002
with all its appurtenances, and warrant(s) the title to the same, subject to general taxes for 2000, due and
payable in 2001, and all subsequent taxes and special assessments; easements, covenants, conditions,
restrictions, agreements and reservations of record; building and zoning regulations.
Signed this 16th day of rch, 2000
Nancy L.Boh Elden L.Boh
State of Colorado
)ss.
County of Mesa )
The foregoing instrument was acknowledged before me this 16th day of March, 2000 by Nancy L.
Boh and Elden L. Boh
Witness my hand and official seal.
'•••C).0 e Notary P li
• My Co is ion expires:
JONI S
=
GREEN
N...
9riF'aF...6.19.4 '.
My Commission Spires 02/12/2002
*If in Denver,insert "City and"
No. 897 Rev. 12-85.
Prepared by: First American Title Company 00137001
ses Vision Form SDD01 CO Rev.06/03/97
MAR-09-00 03 :34 PM 1E R I TT. COHSTRUCT IOH X45 E1c4 . 02
GJ'!••:dr'k.7i1 3. 1_9Po1 IcPU1 WF2STOWER c',r.;P g/0 1d) c.1.Z
WestWaterr Engineering
Jste FOase1GM? CIRCLE, e1 GRAND JUNCTION. COLOMA00 e1s09 1910) wirers FAX (970) 201./097
March 9, 2000
Merritt Sixbey
Merritt Construction Inc.
1420 Motor Street
Grand Junction, Colorado 81505
RE. Sewerline Extension fur 3093 E'A Road-Central Grand Valley Sanitation District
Dear Merritt,
We appreciate the time you spent to discuss the District's requirements for extending sewer
service to 3093 111/4 Road,Lot 2 of the 31 Road Business Park development, The District can
provide service to the property through their existing sewer main in Hoover Drive and the I.7QB
interceptor sewerline as you are proposing. A new sewerline will need to be extended by the
developer from the existing manhole located in the intersection of Hoover Drive and E'/+Road
east along E'i Road to the property, with a tap and service line for the property. Your engineer,
AIM has designed tow sane extensions within the District and is familiar with their design
standards and submittal requirements AMC should also be aware that your copy of as-built
drawings cif 31 Road Business Park and the existirg manhole and stub.out will need to be field
verified as a part of final design
The District Engineer, Steve LaBonde, is researching other alternatives for providing service to
the subject property. It appears that the Distict secured a 20.foot wide permanent easement
along the eastern property line of Lot 9,directly south of Lot 2,in 1991 for the purpose of
installing a private seyvice line for Lot 2 A copy of the original 1983 subdivision sewerline
. drawings is attached for your reference. Whether this is a viable alternative is unconfirmed at this
time, This issue will be brought to the Board's anew ion and further discussed at the next Board
meeting on Monday,March 13. We will keep you informed of the Board's discussions.
The Sewerline Extension Application and Agtcenernt forms that were issued to you for the
proposed development have additional intbnnation in regard to District policies and procedures
for development These forms will need to he completed,signed and returned to our office along
with the District's processing fee before the plans can be approved for construction.
It is our understanding that the current proposed use for the property will be an educational
facility for the children of migrant or tranden workers. A written description of the proposed
facility would assist the Di evict and City in determining the Equivalent Unit(EQU) rating that is
used in developing appropriate tip fees and user charges. The description should confirm the
type of facility, number of building occupants, any special services offered such as a kitchen,
calbteria or showers and whether the Realty will be used on a seasonal basis or year round.
MR-09-00 e3 :35 PM MERR1TT. CONSTR'JCTION 24 5153 P. 03
3G!.1 FFW.LI MEa'i'WA TER c1'Ri2 9%C 24! 71097 t'. 3
Merritt Sixbcy
Mach 9, 2000
Page 2
Pinar do not hesitate to call our office if you have any questions or need other information.
Either Steve LaBonde or 1 would be happy to provide assistance as necessary
Respectfully,
C.Kd;ie Knowles, P.P.
Enclosure
ea: Trena Poliin,District Manager
MAR-09-00 03 :33 PM MERRITT . COH'sTRUCT I OH 245 6164 P. 0-4
-bS+-2.4Je a: 14PM Fk H WEST*ATEM E uk ;Po 241 ;k.9:' P.4
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J
WELD COUNTY ATTORNEY'S OFFICE
0 PHONE: (970) 356-4000, EXT. 4391
FAX: 352-0242
915 TENTH STREET P.O. BOX 1948
I'D
GREELEY, COLORADO 80632
C
COLORADO March 6, 2000
FEDERAL EXPRESS
Steve Fleming
Re/Max
Two Rivers Realty, Inc.
125 Grand Avenue
Grand Junction, CO 81501
RE: Four Originals of Agreement to
Amend/Extend Contract
Dear Steve:
Enclosed are the signed four originals of the Agreement to Amend/Extend Contract for the
property located at 3093 E. 25 Road, Grand Junction, Colorado 81504. It is my understanding
that you will have the Agreement signed by the Bohes and have at least one of the originals sent
back to me. My office address is: 915 Tenth Street, P.O. Box 1948, Greeley, Colorado 80632.
Please feel free to call me at(970) 356-4000, extension 4390, if you should have any questions
or comments regarding the enclosed.
Sincerely,
L
- Bruce T. Barker -----
Weld County Attorney
BTB/db:Let/Fleming
Enclosures
pc: Mike Geile
Walt Speckman
Clerk to the Board
02/25/2000 14:58 9702420955 REMAX TWO RIVERS PAGE 02
- REIMAX TWO RIVERS REALTY,INC.
125 GRAND AVENUE
GRAND JUNCTION,CO 81501
Phone;(970)241-3939. Fax:(970)242-0955
T is PMM HAE IMPOtTANT LWAL CONot.QVntCZS AND 1Hg yams ammo CONSULT LEGAL AND YAK OR OTHER COUNSEL'WNW SIGNING.
AGREEMENT TO AMENDIE%TEND CONTRACT
Fohrnnry 23- 7000
RE: Coon-et dated Liar nimbi'r 70- 1 999 between
WELD COUNTY HUMAN SERVICES
(Buyer)and,
NANCY L. BOB
ELDON L. BOH
(Seller),
Sating to the ale and porches of the following derailed real estate in the County of PION
Colorado:
LOT 2 OF 31 ROAD BUSINESS PARK (TX92943-094-77-002)
Juanita as No.'093 P 75 ROAn GRAND ,,DNrTtnN LO-- 81504 (p,operty)
Street Addeo City State lip
Buyer and Seller Mosby agree to amend the aforesaid contract as follows:
I. The dare for closing and delivery of deed is changed to No rrh 14 7000
2. The date for f enlabsK commitment for title immure policy or abstract of title S changed to •
3. The date for delivering possession of Property Is changed to ala .
4. The due for approval of new loan is chained to n/a
S. The date for lm,dds rennet to loin assumption a transfer of Property is changed to
6. Other dales set fort,in said contract shall be changed as follows:
INSPECTION OBJECTION DEADLINE IS CHANGED TO MARCH 7, 200'.
RESOLUTION DEADLINE IS CHANGED TO MARCH 9, 2000.
7. Additional snmdatmts: (The language of these additional amtmdmems has not. . approved by the Coloado Real Estate Commission).
1) PARAGRAPH p4, ITEM µ, REFERENCE 4 SHALL BE AD.•STED DOWN TO $09.900. TOTAL CASH AT
CLOSING SHALL BE $06,000 ON LINE 6, REFERENCE 4E.
THIS CONCESSION IN PRICE IS RESOLUTION OF THE •:JECTIONS TO INSPECTION AND LACK OF A SEWER
LINE IN E.25 ROAD IN FRONT OF THIS LOT.
AU other twins and conditions of said conoaot shall remain the same.
SELLER DATE
NANCY L. Boll
SELLER DATE
ELDON L. BON
ROYER 1/Ii,. / DATE 02/28/2000
WEL• COUNTY H SERV E by .nr/through the
Weld County B • of ammissioners
Barbara J. Kirk ye Chair Cl`
Ef7`� L.)I r�
ATTEST: 1) `�
WELD CO �Y CLERK TO L
BY: ! .Lnf �f•_ 1
eE' TY CLERK TO THE�'?�
IThe mimed paten.
No.AEU-11 44 AORE6�YHN TO MIMNINF%IRNO CONTRACT this Form have bow approved by tin
R4 EMS Commission.(AE41-1-M)
neMPArie Forma,Box 4700,Frisco,CO 50449. vomits t.at,mNleASTS.2000;Ran TCOCOI3224a7
CWnpaed M-STEVE FKERING.OVMall/BROKER ASSOCl1TE RES4M IWO RIVERS REALTY.INC.
02124100 14:41:29 ape l of l
2000-0484
I00K22749 PAGE5S. O
1964732 09/12/00 0 04PM
MONIKA TODD CLK1tREC MESA COUNTY CO
NOTICE OF FEDERAL INTEREST RECFEE $5.00
This is to serve notice to all potential sellers, purchasers, transferors and recipients of a
transfer of the Property described in the "Deed" to which this notice is attached as to the Federal
government's reversionary interest as set forth in 45 CFR Part 92 (or, if appropriate, 45 CFR Part
74) which have arisen as a result of the County of Weld's receipt and use of Department of
Health and Human Services grant funds in connection with the purchase of said Properly. The
Property to which this notice is applicable is 3093 East 1/4 Road, Grand Junction, CO 81504.
and identified in that certain Warranty Deed, of record at Book 260, Page 548, Reception
Number 1943073, recorded March 20, 2000, in the Records of the Clerk and Recorder of Mesa
County, Colorado. Said property is also described as: Lot 2, 31 Road Business Park.
In accordance with 45 CFR Part 92.31 (or, if appropriate, 45 CFR Part 74.134), this
Property may not be sold, transferred, or its title encumbered, without approval from the
Department of Health and Human Services. Further information as to the Federal government's
interests referred to above can be obtained from the:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
OFFICE OF FINANCIAL OPERATIONS
1200 MAIN TOWER BUILDING, ROOM 1050
DALLAS, TEXAS 75202
M:\W I'PILES\NOTICEWEOINTRST.W1,1)
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