HomeMy WebLinkAbout880129.tiff RESOLUTION
RE: APPROVE OFFER OF SALE OF COUNTY PROPERTY AND AUTHORIZE
CHAIRMAN TO SIGN NECESSARY DOCUMENTS
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, in January, 1981 , the Board did declare certain
property, described as part of Lot 5 , Section 18 , Township 2
North, Range 66 West of the 6th P.M. , Weld County, lying West of
River in Division 1 , Lupton Meadows Subdivision, as surplus, and
WHEREAS, said property was advertised for bids, but no bids
were received at that time, and
WHEREAS, the Board has now been offered a Contract for the
sale of said property, with the terms and conditions being as
stated in the Contract, a copy of which is attached hereto and
incoporated herein by reference, and
WHEREAS, after study, the Board deems it advisable to approve
said Contract, subject to capitalization of the oil and gas
production on the property, and adjustment of the price.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract with
Ladislav Nemecek concerning the sale of the above described
property be, and hereby is, approved, subject to the
capitalization of the oil and gas production on the property and
adjustment of the price.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign the necessary documents.
,r;
��� 880129
Page 2
RE: CONTRACT FOR SALE OF PROPERTY
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
February, A.D. , 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: p WEL COUNTY, COLORADO
Weld County .lerk and Recorder a i � .-j
and Clerk to the Board en R. Bra tner, Chairman
C.W. Kir•y, Pr•--Tem
D puty County erk
APPROVED AS TO FORM: Ja que•:ne so
Go .,a
tfp b
Cou y Attorney c% -.>' '
Frank Y$4[iaghi
880129
• .1.L. .he printed portions of this form approved
SEARS & ASSOCIATES by the Colorado Real Estate Commission
INC. REAL ESTATE
(SC 24-2-81)
303/U7-2130 - 3001129.0132 - 303/715'2291
uo DENVER AVENUE—FORT LUPTON.COLORADO IOW
FARM AND RANCH CONTRACT
TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
February 8 19 88
I.The undersigned agent hereby acknowledges having received from Ladislav Nemecek
the sum of$ 500.00 ,in the form of check
to be held by J.L. Sears and Associates, Inc broker,in broker's escrow or trustee account,as earnest money and part
payment for the following described real estate in the County of Weld
Colorado tower. Part of Lot 5, Section 18, T2N, R66W lying West of River in Division 1 ,
Lupton Meadows Subdivision.
together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of a permanent nature currently on the
premises except as hereinafter provided,in their present condition,ordinary wear and tear excepted,known as No. unnumbered
vacant ground ,and hereinafter called the Property.
(Street Address.City.Zip) Ladislav Nemecek
2. Subject to the provisions of paragraph 19,the undersigned person(s)
(as joint tenants/tenants in common),hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called
Seller,hereby agrees to sell the Property upon the terms and concl�Oyf{b�./ooa��a}}a�stated herein.
3.The purchase rice.shall be U.S.$ 'g°000'Q0�(fpco•00, 500.00 as follows: $ 500•00 hereby receipted for:
Y,-3HEl in cash at closing
900 9Sud
4.Price to include the following personal propertyNone
to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes,liens and encumbrances,except:
None
and except any personal property liens in any encumbrance specified in paragraph 12.The following fixtures of a permanent nature are excluded from
this sale:
None
5. Price to include the following water rights- none
0.If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a)apply for such loan,(b)execute all
documents and furnish all information and�ppuments required by the lender,and(c)pay the customary costs of obtaining such loan.Then if such loan is
not approved on or before N/tt ,19 ,or if so approved but is not available at time of closing.this
contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser.
7.If a note and trust deed or mortgage is to be assumed,Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer
fee not to exceed$ N/A and(2)an interest rate not to exceed N/A %per annum.If the loan to be as-
sumed has provisions for a shared equity of variable interest rates or variable payments,this contract is conditioned upon the Purchaser reviewing and
consenting to such provisions.If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such consent without
change in the terms and conditions of such loan except as herein provided.
8.If a note is to be made payable to Seller as partial or full payment of the purchase price,this contract shall not be assignable by Purchaser without
written consent of Seller.
9.Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser
10.An abstract of title to the Property,certified to date,or a current committment for title insurance policy In an amount equal to the purchase price,at
Seller's option and expense,shall be furnished to Purchaser on or before March 5 , 19 88 . If Seller elects to fur-
nish said title insurance committment.Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
11.The date of closing shall be the date for delivery of deed as provided in paragraph 12.The hour and place of closing shall be as designated by
J.L. Sears and Associates, Inc.
12.Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14.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 awl sufficient
general March warranty deed to Purchaser on 11 , ,19 ,or,by mutual agreement,
at an earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except none
free and clear of all liens for special improvements in-
stalled as of the date of Purchaser's signature hereon,whether assessed or not;free and clear of all liens and encumbrances excepfl One
except the following restrictive covenants which do not contain a right of reverter: None
and except the following specific recorded and/or apparent easements: those now existing
and subject to building and zoning regulations.
13.Except as stated in paragraphs 12 and 14,if title 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 date of closing,Seller shall use reasonable effort to correct said defect(s)prior to date of closing.If Seller is unable to
correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,
the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 14,if title is not rendered mer-
chantable as provided in this paragraph 13,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.
14.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 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 re-
turned to Purchaser.
15.General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents.FHA
mortgage insurance premium and interest on encumbrances,if any,and none
shall be apportioned to date of delivery of deed.Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction.
16.With respect to the growing crops Seller and Purchaser agree as follows: no growing crops, all pasture, waste
final settlement and delivery of deed
17.Possession of the Property shall be delivered to Purchaser on
subject to the following leases or tenancies:
none
If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for a daily rental of
$ no until possession is delivered.
18.The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing shall be on Seller:provided,however,that
if Seller shall maintain insurance on said improvements which will compensate for the full replacement value thereof,and if Purchaser elects to carry
out this contract despite such damage.Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damage to growing crops,by fire
or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16,and such party shall be entitled to the insurance proceeds.
if any.
19.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 PURCHASER IS IN DEFAULT,then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on be-
half of Seller and both parties shall thereafter be released from all obligations hereunder.It is agreed that such payments and things of value areLIOUI-
' DATED DAMAGES and are(except as provided in subparagraph(c))the SELLER'S SOLE AND ONLY REMEDY for the purchaser's failure to perform
the obligations of this contract.Seller expressly wafves the remedies of specific performance and additional damages.
(b)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 damages as may be proper,or(2)Purchaser may elect to treat th is contract as
being in full force and effect and Purchaser 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 expense,including attorneys'fees.
20.Purchaser and Seller agree that in the event of any controversy regarding the earnest money or things of value held by broker,unless satisfactory
mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and
discretion,may interplead any moneys or things of value into the court and may recover court costs and reasonable attorneys' fees.
21. Additional provisions:
This agreement is contingent upon purchaser entering into agreement to purchase property
adjoining this parcel on the south (Lot 6) prior to March 1 ,1988.
Purchaser has been informed that this property is i.n a flood plain and special
consideration must be given to building here.
Note: See attached addendum.
February
19
22.{fgthis proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before •
19 8$ ,this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs.successors and assigns of
�such�PPa 'es.except as stated in paragraph ag` 8. J,/ /�
� '��l.teda zf 5 A Broker J.L. Sears and Associates, Inc.
rchaser 1 Date /
By �A----(/'ta...
Purchaser Date
Purchaser's Address
(The following section to be completed by Seller and Listing Agent)
23.Seller accepts the above proposal this <Z nG day of February , 19 88 . and agrees to pay a commission of
—7— %of the purchase price for services in this transaction,and agrees that.in the event of forfeiture of payments and things of
of value received hereunder,such payments and things of value shall be divided between listing broker and Seller-one-half there of to said broker,but not
c d the commission,and the balance to Seller.
to iAz K7l �
Seller Seller
Seller's Address
J.L. Sears and Associates, Inc.
Listing Broker's Name and Address
140 Denver Avenue , Fort Lupton, CO 80621
857-2930
629-0432 Metro
UPDATE LEGAL FORMS O
P.O BOX 1815-GREELEY.COLORADO 80632
303/356-6380 (SC 24-2-81)
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