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Home My WebLink About870599.tiff RESOLUTION RE: APPROVE ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE BETWEEN WELD COUNTY AND MONFORT OF COLORADO, INC. , AND AUTHORIZE CHAIRMAN TO SIGN atd I-- WHEREAS, the Board of County Commissioners of Weld County, w H J a1 Colorado, pursuant to Colorado statute and the Weld County Home 01w Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and to xn rC WHEREAS, the Board did, by Resolution dated June 15 , 1987 , o, approve an Agreement for the Sale and Purchase of Real Estate z o between Weld County and Monfort of Colorado, Inc. , and Kl N CI I WHEREAS , the Board has been presented with an Addendum to a (^' said Agreement, said Addendum concerning the transfer of 23 acre z o feet of Northern Colorado Water Conservancy District water, and y -4 tll � WHEREAS , after review, the Board deems it advisable to z rn approve said Addendum, a copy being attached hereto and n m incorporated herein by reference. r z NOW, THEREFORE, BE IT RESOLVED by the Board of County No Commissioners of Weld County, Colorado, that the Addendum to the x Agreement for the Sale and Purchase of Real Estate between Weld pion County and Monfort of Colorado, Inc. , be, and hereby is, approved. a O BE IT FURTHER RESOLVED by the Board that the Chairman be , and o hereby is , authorized to sign said Addendum. z Pi u 0 The above and foregoing Resolution was , on motion duly made PI• o and seconded, adopted by the following vote on the 13th day of d July, A.D. , 1987 . n o w %friBOARD OF COUNTY COMMISSIONERS o ATTEST: WELD COU , LORADO n o o w Weld. County Clerk and Recorder and Clerk to the// Board Go hairman n�r BY. abbil, l Cllat C. it , Pro- em Deputy County erk APPROVED AS TO FORM: Gene R. Brantner • EXCUSED Ja el ' J n ; D 1/uG��ir� U )nty ACfa torney Frank Yamaguchi ` , ,i (V') "rte 1 I -1-,. 870599 ' , ktc I / , T.•., 7-: A8210`7243 ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS rr 41 Fa J Ol W CO The parties hereto, WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, by and through the Board of ? County Commissioners of Weld County, 915 Tenth Street, Greeley, 7JO Colorado 80631 , hereinafter "Purchaser," and MONFORT OF COLORADO, [▪ o INC. , a Delaware corporation, with corporate offices at 1918 AA z Street, Greeley, Colorado, 80631 , hereinafter "Seller, " which z 0 parties were parties to an Agreement entitled "Agreement for Sale N and Purchase of Real Estate Including Land and All Improvements, " • ,, dated June 15 , 1987, and recorded at Book 1160 , Reception No. 02104004 , in the Office of Weld County Clerk and Recorder, hereby can o amend said Agreement as follows : y J M � Hr 2 al WITNESSETH: ri• 03 r � WHEREAS, the parties hereto have become aware of an allotment of 23 acre feet of water from the Northern Colorado Water N• o Conservancy District which is appurtenant to that portion of the North Half of the North Half of the Northwest Quarter of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, which lies east of the private road right-of-way, and o WHEREAS, said real property is the subject of the original tare Agreement which is attached hereto and title to said property is o to be transferred from Seller to Purchaser, and 0tzi r WHEREAS , the transfer of title to said real property from Seller to Purchaser may act to transfer ownership in said 23 acre o r feet of Northern Colorado Water Conservancy District water, and . � WHEREAS, the parties hereto did not intend, in the original o w Agreement which is attached hereto, to transfer ownership of said 23 acre feet of Northern Colorado Water Conservancy District water from Seller to Purchaser along with the transfer of title of said real property. NOW, THEREFORE, in further consideration of the amount as stated on Page 1 of the "Agreement for Sale and Purchase of Real Estate Including Land and All Improvements" between the parties hereto, dated June 15 , 1987 , and recorded at Book 1160 , Reception No. 02104004 , in the Office of the Weld County Clerk and Recorder, Purchaser and Seller add the following paragraph to said Agreement: 15 . Upon the request of Seller, Purchaser shall sign an application for the transfer of 23 acre feet of Northern Colorado Water Conservancy District water from the North Half of the North Half of the Northwest Quarter, Section Page 1 of 2 Pages 870599 31 , Township 6 North, Range 65 West of the 6th P.M. , it Pi Weld County, Colorado, and east of the private road right-of-way, to other property currently owned by ,'',, r, Seller. --' CA ,P W IN WITNESS WHEREOF, the parties hereto have subscribed their Cil names this day of July, 1987 . Pi n 0 WELD COUNTY, COLORADO, a body z corporate and politic of the z o State of Colorado, by and N N through the Board of County M w l ",.•. Commissioners of Weld County, M S"�' • Colorado, referred to herein vi o ATT 4..a as Purchaser ;," $ ter z � We &otln a and Recorder an Qe �o' - and By: r � C1e f�xc aser Pi By: , \ P � Depu County erk m •• r No MONFORT OF COLORADO, INC. , a 0 Delaware corporation, referred d to herein as Seller Z<r zyo Eo [.t' 0 By: ro n . i ile Title: T o N O n O SUBSCRIBED AND SWORN to before me this 1C day of o w alt,g , 1987 . WITNESS my hand and official seal. N tart' Public ; My commission expires:My Commission ixnr ') t t 't,; ,)) October 21, 1989 , ♦,/,del!' 4\ 870599 Page 2 of 2 Pages ATTACHMENT AR2104004 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE INCLUDING LAND AND ALL IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado, this 15th day of June , 1987 , between WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado, hereinafter "Purchaser, " and MONFORT OF COLORADO, INC. , a Colorado corporation, with corporate offices at 1918 AA Street, Greeley, Colorado 80631 , hereinafter "Seller. " WITNESSETH: That in consideration of the payment by the Purchaser to Seller of the sum of THREE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($368 ,750. 00) , and other good and valuable consideration , Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from Seller the following described real property: The Northeast One-Quarter (NE4) of Section 31 , and the East 2112. 00 feet of the North One-Half (N1) of the North One-Half (Nk) of the Northwest One-Quarter (NW4) of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado , which is denoted as "Parcels 1 through 5" on the Land Area Sketch which is attached hereto and is referred to herein as Exhibit "A, " including any and all improvements located thereon. The agreement of sale and purchase of Parcels 1 through 5 is subject to the following conditions: 1 . Seller shall furnish to Purchaser a Warranty Deed covering the surface rights for Parcels 1 through 5 , gravel and all other mineral deposits lying thereunder, but excluding oil and gas . Title insurance will be provided by Seller. 2. Title for Parcels 1 through 5 shall be merchantable in Seller , except as stated in this paragraph and in paragraph 5 . 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 general Warranty Deed for Parcels 1 through 5 to Purchaser on a date certain set by Purchaser, conveying said property free and clear of all taxes, except general taxes for 1987 , payable January 1 , 1988 , 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, and except the recorded and/or apparent easements; subject to all applicable building and zoning regulations; and including gravel and all other mineral deposits , but reserving to the Seller all oil and gas . B 1160 REC 02104004 06/18/87 11: 54 $0. 00 1/027 F 1402 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870599 Page 1 of 5 Pages 3. General taxes for the year 1987 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. 4 . The date of closing shall be the date of delivery of deed as provided in paragraph 2. The hour and place of closing shall be designated by Purchaser. Purchaser shall pay the sum of THREE HUNDRED SIXTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($368 ,750. 00) to Seller at the time of the delivery of the warranty deed and quit claim deed. 5 . Except as stated in paragraphs 2 and 6 and this paragraph , if title for Parcels 1 through 5 is not merchantable and written notice of defect (s) is given by Purchaser or Purchaser' s agent to Seller or Seller' s agent on or before the date of closing, Seller shall use reasonable efforts to correct said defect (s) prior to the date of closing. If Seller is unable to correct said defect (s) on or before the date of closing, at Seller' s option and upon written notice to Purchaser or Purchaser' s agent on or before the date of closing, the date of closing shall be extended thirty (30) days for the purpose of correcting said defect (s) . Except as stated in paragraph 6, if title for Parcels 1 through 5 is not rendered merchantable as provided in this paragraph 5 , at Purchaser' s option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect (s) , Seller may, within said thirty (30) days , obtain a commitment for a title insurance policy in the amount of the purchase price and the Purchaser shall have the option of accepting the then existing insured title in lieu of such merchantable title. The Seller shall pay the full premium for such title insurance policy. 6 . Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source; provided , however, at the option of either party, if the total indebtedness secured by the liens on the property exceeds the purchase price, this contract shall be void and of no effect, and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 7 . Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored, or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: B 1160 REC 02104004 06/18/87 11 : 54 0. 00 2/027 F 1403 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870599 Page 2 of 5 Pages (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated , in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damage as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages , or both. (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages , or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attorney' s fees. 8 . Possession of Parcels 1 through 5 shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies, except the Agricultural Lease dated January 1 , 1987, between Seller and Paul Hoshiko, d/b/a Hoshiko Farms , Inc. , a copy of which is attached hereto and is referred to herein as Exhibit "B; " except the Agricultural Lease dated January 1 , 1987 , between Seller and Ferman Rodriguez , a copy of which is attached hereto and is referred to herein as Exhibit "C; " and except the Oil and Gas Lease dated April 18 , 1979 , between Seller and the Colton Company, a copy of which is attached hereto and is referred to herein as Exhibit "D. " 9. The 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 Seller is a party of or is subject to, or to which the property is subject to, except as provided herein. 10. In the event the property is substantially damaged by fire, flood, or other casualty between the date of this contract and the date of delivery of the Deed, Purchaser may elect to B 1160 REC 02104004 06/18/87 11: 54 X0. 00 3/027 F 1404 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870599 Page 3 of 5 Pages terminate this contract; in which case, all payments and things of value received hereunder shall be returned to Purchaser. 11 . Purchaser agrees to allow Seller and/or Seller' s lessees access to Parcels 1 through 5 , to and including December 31 , 1987 , for the purpose of completing any and all tasks necessary for the growing and harvesting of crops planted by Seller and/or Seller' s tenants on said Parcels as of the date of this Agreement, pursuant to the Agricultural Leases which are attached hereto and are referred to herein as Exhibits "B" and "C. " 12. Purchaser agrees to allow Seller and/or Seller' s lessee ' s access to Parcels 1 through 5 for the purpose of extracting oil and gas , pursuant to the Oil and Gas Lease which is attached hereto and is referred to herein as Exhibit "D, " and pursuant to any and all future oil and gas leases . Seller promises to require lessees of all future oil and gas leases with Seller to execute surface use agreements with Purchaser prior to entering the Parcels 1 through 5 . 13. All of the conditions stated herein shall be in full force and effect, not withstanding the conveyance of Parcels 1 through 5 by Warranty Deed as outlined in paragraph 2 above, and shall not merge with said Warranty Deed. 14 . Purchaser hereby grants to Seller an easement for the purpose of depositing tail-water onto Parcel 5 , but this grant shall in no way obligate Purchaser to keep the detention pond which is located on Parcel 5. WITNESSETH: That in further consideration of the payment stated above, Seller shall provide to Purchaser a Quit Claim Deed for the following: The West 528 feet of the North One-Half (Nh) of the North One-Half (Nh) of the Northwest One-Quarter (NWT) of Section 31 , Township 6 North , Range 65 West of the 6th P.M. , Weld County, Colorado, which is denoted as "Parcel 6" on Exhibit "A; " any and all rights Seller may own in the tail-water that flows onto any or all of Parcels 1 through 5; and any and all easements which benefit Parcels 1 through 5 and direct the flow of said tail-water across properties lying to the south of Weld County Road 64. Seller shall deliver said Quit Claim Deed to Purchaser on the date of closing as provided in paragraph 4 above. Said Quit Claim Deed shall include the surface rights of said property, gravel, and other mineral deposits lying thereunder, but shall exclude oil and gas . B 1160 REC 02104004 06/18/87 11: 54 X0. 00 4/027 F 1405 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870599 Page 4 of 5 Pages A IN WITNESS HEREOF , the parties hereto have subscribed their names this 15thday o.f- ;Juune , 1987. � (ATTEST: Q ADA BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County lerk and Recorder d Clerk to the Bo O By: L B , .G�-c-,A it) r an o rchaser puty County Cl rk (The following section to be completed by Seller) Signed this `*-Y�► day of 24--pte_.--- , 1987 . MONFORT OF COLORADO, INC. , Seller By: ��aij Title: ,/P]i, V . P SUBSCRIBED AND SWORN to before me this /511O::�11F12j'£�. 7 LSi.,�,C/ . 1987. ^; ;.'_;, d '; " WI ESS my hand and official seal. -.1A -(1/yjO Notary Public My commission expires: My Commission Expires Aug. 8, 1988 B 1160 REC 02104004 06/18/87 11: 54 X0. 00 5/027 F 1406 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 870599 Page 5 of 5 Pages Hello