HomeMy WebLinkAbout880420.tiff RESOLUTION
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o RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
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BETWEEN WELD COUNTY AND SCHOOL DISTRICT 6 AND AUTHORIZE
0 CHAIRMAN TO SIGN
0
Q WHEREAS, the Board of County Commissioners of Weld County,
a Colorado, pursuant to Colorado statute and the Weld County Home
o 3 Rule Charter, is vested with the authority of administering the
o a affairs of Weld County, Colorado, and
o WHEREAS, the Board has been presented with an Agreement for
o Sale and Purchase of Real Estate between Weld County and School
a4 District 6 , and
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" �' WHEREAS, the terms and conditions are as stated in said
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1- r4 Agreement, and
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o WHEREAS, after review, the Board deems it advisable to
co°D approve said Agreement, a copy of which is attached hereto and
wincorporated herein by reference.
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o m NOW, THEREFORE, BE IT RESOLVED by the Board of County
g• Commissioners of Weld County, Colorado, that the Agreement for
5 w Sale and Purchase of Real Estate between Weld County and School
NFL' District 6 be, and hereby is, approved.
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N BE IT FURTHER RESOLVED by the Board that the Chairman be, and
a • hereby is, authorized to sign said Agreement.
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z The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
CO May, A.D. , 1988 .
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r-4 o Y BOARD OF COUNTY COMMISSIONERS
w ATTEST: 17.112-h($Mrd
(�/f " ' 1 'ttkri WEL UNTYY, COLORADO
Weld Count ene R. Brantner, Chairman
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iiDept
L . � r le C.W. Kir y, P Tem
obhty Clerk N
Depti. y
APPROVED AS TO FORM: Jac•ue `nt'J j--o'
Go a
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ColInty Attorney «., / '.
Frank Yamaguc i
880420
AR2143'_54
10O AGREEMENT FOR SALE AND PURCHASE OF PEAL ESTATE
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INCLUDING LAND AND ALL IMPROVEMENTS
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A THIS AGREEMENT, made at Greeley, Colorado, this 25th day of
o w May , 1988 , between SCHOOL DISTRICT 6 , with
o offices at 811 15th Street, Greeley, Colorado, hereinafter
oz "Purchaser , " and WELD COUNTY, COLORADO , a body corporate and
`" q politic of the State of Colorado, 915 Tenth Street, Greeley,
Colorado 80631 , hereinafter "Seller. "
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co a WITNESSETH:
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That in consideration of the payment by the Purchaser to
Seller of the sum of TWO HUNDRED THOUSAND SIX HUNDRED
a SEVENTY-SEVEN DOLLARS ($200 ,677 .00) , and other good and valuable
co U consideration , Seller agrees to sell to the Purchaser and
NZ Purchaser agrees to purchase from Seller the following described
w real property: See the attached Exhibit "A. " The property
ioH described in Exhibit "A" is hereinafter referred to as "Parcel. "
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a,0 The agreement of sale and purchase of Parcel is subject to
N w the following conditions :
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z 1 . Seller shall furnish to Purchaser a Warranty Deed for
N Parcel. Title insurance will be provided by Purchaser.
w 2 . Title for Parcel shall be merchantable in Seller, except
z as stated in this paragraph and in paragraph 4 . Subject to
coLo payment or tender as above provided and compliance by Purchaser
M with the other terms and provisions hereof , Seller shall execute
r'o and deliver a good and sufficient general Warranty Deed for Parcel
m w to Purchaser on a date certain set by Purchaser, but in no event
later than December 31 , 1988 , conveying said property free and
clear of all taxes; free and clear of all liens for special
improvements installed as cf 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 ;
and subject to all applicable building and zoning regulations .
3 . The date cf closing shall be the date of delivery of
deed as provided in paragraph 2 above . The hour and place of
closing shall be designated by Purchaser but shall in nc event be
after December 31 , 1988 . Purchaser shall pay the sum of TWO
HUNDRED THOUSAND SIX HUNDRED SEVENTY-SEVEN DOLLARS ($200 , 677 .00)
to Seller at the time of the delivery of the Warranty Deed.
Page 1 cf 4 Pages
880420
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o 4 . Except as stated in paragraphs 2 and 5 and this
io paragraph, if title, for Parcel is not merchantable and written
0 notice of defect(s) is given by Purchaser or Purchaser' s agent to
Q Seller or Seller ' s agent on or before the date of closing, Seller
0 w shall use reasonable efforts to correct said defect (s) prior to
O3 the date of closing. If Seller is unable to correct said
oz defect (s) on or before the date of closing, at Seller ' s option and
a upon written notice to Purchaser or Purchaser ' s agent on or before
z the date of closing, the date of closing shall be extended thirty
o (30) days for the purpose of correcting said defect (s) . Except as
O w stated in paragraph 5 , if title for Parcel is not rendered
merchantable as provided in this paragraph 4 at Purchaser ' s
o option, this contract shall be void and of no effect and each
a party hereto shall be released from all obligations hereunder and
w all payments and things of value received hereunder, if any, shall
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aou be returned to Purchaser provided, however, that in lieu of
z correcting such defect(s) , Seller may, within said thirty (30)
o H days , obtain a commitment for a title insurance policy in the
off amount of the purchase price and the Purchaser shall have the
0 a option of accepting the then existing insured title in lieu of
w such merchantable title. The Seller shall pay the full premium
to w for such title insurance policy.
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• z 5 . 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
w z party, if the total indebtedness secured by the liens on the
property exceeds the purchase price, this contract shall- be void
m r-- and of no effect, and each party hereto shall be released from all
�• 0., obligations hereunder and all payments and things of value
0 received hereunder, if any, shall be returned to Purchaser.
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6 . 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 :
(a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to
treat this contract as terminated, in which case all payments
and things cf value received hereunder, if any, 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.
Pace 2 of 4 Pages
880420
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o (b) IF PURCHASER IS TN DEFAULT, (1) Seller may elect to
treat this contract as terminated, in which case all payments
m oo and things of value received hereunder, if any, shall be
Q forfeited and retained on behalf of Seller and Seller may
recover such damages as may be proper, or (2) Seller may
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o elect to treat this contract as being in full force and
o x effect and Seller shall have the right to an action for
`' w Q specific performance or damages , or both.
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o (c) Anything to the contrary herein notwithstanding, in the
co w event of any litigation arising out of this contract, the
Ln court may award to the prevailing party all reasonable costs
o ' and expenses , including attorney' s fees .
-ix
w 7 . Possession of Parcel shall be delivered to Purchaser
m u upon closing and shall not be subject to any leases or tenancies .
w8 . The Seller represents and warrants as of the day hereof
w F and as of the date of the closing that neither the execution of
o a this contract nor the consummation of the transaction provided for
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herein constitutes, or will result in, any breach of any of the
in w terms, conditions , or provisions , or constitute a default under,
m w any indenture, charter, bylaw, mortgage, loan agreement, lien,
d z lease , license , judgment, decree , order, instrument or other
ro z verbal or written agreement to which Seller is a party of or is
o subject to, or to which the property is subject to , except as
w provided herein.
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co co 9 . In the event the property is substantially damaged by
o, m o fire , flood, or other casualty between the date of this contract
L-t—to and the date of delivery of the Deed, Purchaser may elect to
w w terminate this contract; in which case , all payments and things of
value received hereunder, if any, shall be returned to Purchaser.
10 . Seller agrees to remove all underground tanks prior to
the date of closing as set forth in paragraph 3 above .
11 . Purchaser agrees to install chain link fencing along the
northern and northwest boundary of Parcel after the date of
closing as set forth in paragraph 3 above .
12 . All cf the conditions stated herein shall be in full
force and effect, not withstanding the conveyance of Parcel by
Warranty Deed as outlined in paragraph 2 above , and shall not
merge with said Warranty Deed.
Pace 3 of 4 Pages 880420
w o IF WITNESS HEREOF, the parties hereto have subscribed their
o names this 25th day of May , 1988 .
ov ATTEST: WELD COUNTY, COLORADO, a body
corporate and politic of the
I-4 Weld County erk and Recorder State of Colorado, by and
o
0 3 and Clerk to the Board through the BOARD OF COUNTY
o a COMMISSIONERS WELD COUNTY,
Is-q1 By: 0-44-77L-c.-/ COLORADO, Seller
eputv County erk C &At
By:
ucoi a Chairman for Seller
(The following section to be completed by Purchaser)
co u Signed this - day of , 1988 .
NZ
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SCHOOL DISTRIC 6 , Purchaser
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nw By: 111 V '
N W
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Title: p�Y"AMY"
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0 SUBSCRIBED AND SWORN to before me this gd, day of
a a 17/1 , 1988 .
coo, WITNESmy hand and official seal.
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Page 4 of 4 Pages 3d0420
6/13/88
Purported copy of Agreement for Sale and Purchase of Real Estate including Land and All
Improvements was given to Don Warden, Finance Director, to send to School District 6.
This action was requested by Mr. Warden.
880420
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