HomeMy WebLinkAbout860912.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE FROM
E. E. FOSTER AND SONS , INC. , AND AUTHORIZE CHAIRMAN TO SIGN
oo o WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
0 o Rule Charter , is vested with the authority of administering the
o affairs of Weld County, Colorado, and
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o WHEREAS, Weld County desires to purchase real estate on which
° cc w to place a communications tower, and
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0 WHEREAS, E. E. Foster and Sons , Inc. , has agreed to sell to
01 P4 Weld County a parcel, containing approximately five acres within
the following tract:
r a SW< of the SW1A, N1 of the SWa of Section 26 ,
m v Township 9 North , Range 66 West of the 6th
z P.M. , Weld County, Colorado,
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or WHEREAS, an Agreement for the purchase of the above-described
co w real estate has been presented to the Board, a copy of which is
o z attached hereto and incorporated herein, and
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WI < WHEREAS , after study and review, the Board deems it advisable
£ to approve said Agreement for the purchase of real estate from
1/4.0 .4, E. E. Foster and Sons, Inc.
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LA w NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement
concerning the sale and purchase of the hereinabove described real
estate from E. E. Foster and Sons , Inc. , be , and hereby is ,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Agreement.
860912
Page 2
RE: PURCHASE OF REAL ESTATE - E. E. FOSTER AND SONS , INC.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 22nd day of
September, A.D. , 1986.
BOARD OF COUNTY COMMISSIONERS
ATTEST: � C�(C�^✓'lane WELD COUNTY, COLORADO
Weld Courtly c °* a corder - •
and Cleritq• eiN J-equ nson Chairman
D ut a ty ,E k G.�.Tl 't'. ac ,fl-Tem
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ROVE AS TO F
Gene R. B -ntner
County Attorney /77/17M".
C. W r
o\ U Frank Yamagui4 ��, ��
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Atr'.099870
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
INCLUDING LAND AND ALL IMPROVEMENTS
nu THIS AGREEMENT, made at Greeley, Colorado, this 22nd day of
o September , 1986 , between WELD COUNTY, COLORADO, by and
p through the Board of County Commissioners of the County of Weld,
u hereinafter "Purchaser, " and E. E. FOSTER AND SONS, INC. , 927
a Fourth Street, Nunn, Colorado 80648 , hereinafter "Sellers. "
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o WITNESSETH:
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`13- w ca That in consideration of the payment by the Purchaser to
z• Sellers of the sum of TEN THOUSAND DOLLARS ($10 , 000 . 00) in cash ,
w• and other good and valuable consideration, Sellers agree to sell
o, a to the Purchaser and the Purchaser agrees to purchase from Sellers
'^ the below-described property: A parcel of land and all
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o improvements thereon including five (5) acres , more or less ,
'" a within the following tract: Southwest Quarter of the Southwest
w Quarter, North One-Half of the Southwest Quarter of Section 26 ,
m u Township 9 North, Range 66 West of the 6th P.M. , Weld County,
in Z Colorado. Said parcel of land is square in shape and located in
r -' the most southwestern corner of parcel. Said parcel of land and
n w all improvements thereon is hereinafter referred to as the
o a "Parcel" according to the terms and conditions set forth herein.
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o N w The agreement of sale and purchase of Parcel is subject to
co m w the following conditions:
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N ' 1 . Sellers shall furnish to Purchaser a special warranty
o ✓4 deed conveying only the surface rights of the Parcel. Title
w• z insurance to be provided by Sellers.
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Lo 2. Title shall be merchantable in Sellers, except as stated
LO VD in this paragraph and in paragraph 5 . Subject to payment or
4-1 rl � tender as above provided and compliance by Purchaser with the
w w other terms and provisions hereof, Sellers shall execute and
deliver a good and sufficient special warranty deed to Purchaser
on October 10 , 1986 , or, by mutual agreement , at an earlier date,
conveying the property free and clear of all taxes , except general
taxes for 1986 , payable January 1 , 1987 , 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
Page 1 of 5 Pages
and/or apparent easements, and subject to building and zoning
regulations and reserving all mineral rights to the Sellers .
coo 3 . General taxes for the year 1986 shall be apportioned to
o c..)
date of delivery of deed based on the most recent levy and the
,c„ p most recent assessment.
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Q 4. The date of closing shall be the date of delivery of
o w deed as provided in paragraph 2. The hour and place of closing
O 3 shall be designated by Sellers.
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`o- q 5 . Except as stated in paragraph 2 and this paragraph, if
a title is not merchantable and written notice of defect (s) is given
w by Purchaser or Purchaser' s agent to Sellers or Sellers' agent on
ma or before date of closing, Sellers shall use reasonable effort to
'^ correct said defect (s) prior to date of closing. If Sellers are
o unable to correct said defect (s) on or before date of closing, at
~ a Sellers ' option and upon written notice to Purchaser or
a• Purchaser' s agent on or before date of closing, the date of
r
mu closing shall be extended thirty (30) days for the purpose of
m z correcting said defect (s) . Except as stated in paragraph 2 , if
H title is not rendered merchantable as provided in this paragraph
Ln H 5, at Purchaser' s option , this contract shall be void and of no
a effect and each party hereto shall be released from all
w obligations hereunder and all payments and things of value
o w- received hereunder shall be returned to Purchaser provided,
rn w however , that in lieu of correcting such defect (s) , Sellers may,
o z within said thirty (30) days, obtain a commitment for owner' s
N < title insurance policy in the amount of the purchase price
>, reflecting title insurance protection in regard to such defect (s) ,
U a and the Purchaser shall have the option of accepting the then
a existing insured title in lieu of such merchantable title. The
lD O Sellers shall pay the full premium for such owner' s title
'f) r- insurance policy.
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M w 6 . The Sellers agree to release the Purchaser from all
consequential damages , except as otherwise set forth herein in
paragraph 8 and except damages caused by the negligent or willful
misconduct of the Purchaser or its employees , present or
prospective, to the remainder of Sellers ' property arising out of
the operation and maintenance, or repair of the radio tower which
Purchaser intends to locate on the Parcel.
7 . Time is of the essence hereof. If any note or check
received as earnest money hereunder or any other payment due
Page 2 of 5 Pages 'cc"l`'- '�
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 SELLERS ARE IN DEFAULT, (1) Purchaser may elect to
oo oo treat this contract as terminated, in which case all payments
o and things of value received hereunder shall be returned to
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Purchaser and Purchaser may recover such damager as may be
proper, or (2) Purchaser may elect to treat this contract as
o being in full force and effect and Purchaser shall have the
o w right to an action for specific performance or damages , or
0 3 both.
o
q (b) IF PURCHASER IS IN DEFAULT, (1) Sellers may elect to
x treat this contract as terminated, in which case all payments
o and things of value received hereunder shall be forfeited and
w
rn w retained on behalf of Sellers and Sellers may recover such
'n damages as may be proper, or (2) Sellers may elect to treat
o �' this contract as being in full force and effect and Sellers
~ x x shall have the right to an action for specific performance or
w damages, or both.
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LIIz (c) Anything to the contrary herein notwithstanding, in the
rIH event of any litigation arising out of this contract , the
iF court may award to the prevailing party all reasonable costs
o a and expenses , including attorneys ' fees.
w
or w 8. Sellers shall apply to Weld County, at Purchaser' s
m w expense, for authorization pursuant to Weld County Subdivision
o z Regulations , to create the two lots as shown on Exhibit "A. "
t, < Expenses shall include costs of application fees , and recording
o • costs. This contract shall be contingent on final approval and
v a recordations of appropriate plats by Weld County. Seller to
z provide and pay for required survey of parcel.
m ry
ir, r 9 . Possession of the property shall be delivered to
Purchaser upon closing and shall not be subject to any leases or
w w tenancies . Sellers shall assume all costs of compensating any
tenants or leaseholders for any damages as a result of the taking
of any remainder.
10 . The Sellers represent and warrant as 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
Page 3 of 5 Pages c-'s',._
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 Sellers are parties of is
subject or to which the property is subject, except as provided
herein.
11. The sale and purchase of Parcel according to the terms
m p stated herein shall be contingent upon the results of radio
o u propagation testing of Parcel by Purchaser. Sellers agree to
allow Purchaser or its agents entry upon Parcel for the purpose of
`" o conducting said radio propagation testing and soil tests after the
Ca date of signing of this Agreement and before the scheduled date of
a closing. If the results of said propagation testing are not
o satisfactory to the Purchaser, this Agreement shall be null and
0a void and Purchaser shall not be obligated to purchase Parcel.
vow Purchaser agrees to inform Sellers of the results of said
a propagation testing at least ten (10) days before the scheduled
o date of closing.
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m a 12. The sale and purchase of Parcel according to the terms
° stated herein is contingent upon Purchaser' s receiving approval
r4 z and obtaining any necessary permits from Federal, State, and local
w governments for the placement and operation of a radio tower upon
" a Parcel.
mu
Lc) H 13 . The purchase and sale of Parcel according to the terms
w contained herein is contingent upon Purchaser' s obtaining electric
o a power from Home Light and Power Company and telephone service from
w Mountain Bell.
o
m w 14 . Sellers agree to allow Purchaser access to Parcel for
rn z the purpose of wiring Parcel for the necessary electricity to
N z operate the radio antenna proposed for the site after the date of
o signing of this Agreement and before the scheduled date of
u a• closing.
w
a 15. Purchaser shall permit Sellers to place one radio
,`n° r- antenna on any constructed tower , provided it is properly licensed
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by all local, state, and federal authorities and does not
interfere with any use by Purchaser.
m w
16. Sellers shall pay for and obtain title insurance for
parcel.
Page 4 of 5 Pages ?
If this proposal is accepted by Sellers in writing and
Purchaser receives notice of such acceptance on or before
September 19 , 1986 , this instrument shall become a contract
between Sellers and Purchaser and shall inure to the benefit of
the successors and assigns of such parties.
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IN WITNESS HEREOF, the parties hereto have subscribed their
in o names this
� 22nd `� day of` September , 1986 .
A ATTEST: '!f 42A 1 uCttr1 BOARD OF COUNTY COMMISSIONERS
0 3 (A );, i , ,, ' WELD COUNTY, COLORADO
Weld County Clerk & R=corder C `\
o a and Clerk to the B••#' BY ._ cvn..eU
� w
� ,p $ �Ch irm for u chaser
w ueputy ,CoJ'w y, : rrk
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o.--I x (The following section to be completed by Sellers . )
a 41/2..,,,r4,,,
��'U Sellers accept the above proposal this ,I7 day of
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\ 1986.
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President, E. Foster, Sons, Inc.
a r .Sai eTBED AND SWORN to before me this / day of
o a /e_4_,..,, 1986 .
a -v-tOTNE$ my hand and official seal. //
// ���"//��f
o c` Notary Public
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a My commission expires:
1/40 cn
,- m My C mmissign iF.Ecpires June B, 1'9% r care ----t/"" Secretary/ggeasur r, E.E.. Foster & Sons, Inc.
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;.8CRIBED AND SWORN to before me this /1"7.--.1=-- day of
16 ,,,,e!< � , 1986.
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'I`PN SS my hand and official sea rL
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otary 4� Pu is
My commission expires:
Vv ;ummicL n c,<pires Stine 8, I 99
Page 5 of 5 Pages CM"'
The Warranty Deed for this property was recorded on December
22 , 1986 , at Book 1139 , Reception Number 02081715 , in the records
of the Weld County Clerk and Recorder.
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