HomeMy WebLinkAbout940778 RESOLUTION
RE: APPROVE CORRECTION TO AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE WITH
JOHN H. SYKES 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, on July 6, 1994, nunc pro tunc June 30, 1994, the Board of County
Commissioners signed Resolution #940632, approving an Agreement for Sale and
Purchase of Real Estate with John H. Sykes and thereby authorizing the Chairman
to sign any necessary documents in order to complete such sale and purchase, and
WHEREAS, a copy of said Resolution is attached hereto and is referred to
herein as Exhibit "1", and
WHEREAS, John H. Sykes has informed the Board of County Commissioners that
the correct entity to take title to said property is Sykes Realty, Inc. , a
Florida Corporation, which was formed on August 3, 1994, and
WHEREAS, in order to properly convey the title in said properties to Sykes
Realty, Inc. , the original agreement must be corrected to state the name of the
purchaser as "John H. Sykes, as agent for Sykes Realty, Inc. , a Florida
Corporation to be formed", and all of the conveying documents and any necessary
promissory notes, deeds of trust, and other evidence of conveyance and
encumbrances must reflect the name "Sykes Realty, Inc. , a Florida Corporation",
and
WHEREAS, it is therefore necessary to correct the original Agreement for
Sale and Purchase of Real Estate to reflect the proper names and to execute the
appropriate documents in order to properly convey and encumber the properties
using the name "Sykes Realty, Inc. , a Florida Corporation".
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Sale and Purchase of Real Estate with
John H. Sykes, executed on June 30, 1994, should be corrected to include the
following name in place of John H. Sykes: "John H. Sykes, as agent for Sykes
Realty, Inc. , a Florida Corporation to be formed."
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign any and all necessary documents in order to effectuate the
sale and purchase of said real estate in accordance with said corrected
agreement.
940778
&ON/ eL,: en ' SYKES
RE: CORRECTION TO AGREEMENT - JOHN H. SYKES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following
vote on the 15th day of August, A.D. , 1994.
Leidetat
WELDD OF TYUNCY ORADISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board49 1_,OjittA
W H ster, C airman
BY: t
Deputy l rk to the Board Dale Hall, Prom
APP ED AS TO FORM: C,
eo ge Baxter
County Atorne Constance L.H Harbert
141,2i4i .�.e „�
ara J. Kirkme r
940778
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
THIS AGREEMENT is made this 30th day of June, 1994, by and
between the County of Weld, a body corporate and politic in the
State of Colorado, by and through the Board of County Commissioners
of Weld County, whose address is 915 Tenth Street, Greeley,
Colorado 80631, hereinafter referred to as "Seller, " and JOHN H.
SYKES, as agent for SYKES REALTY, INC. , A FLORIDA CORPORATION TO BE
FORMED, whose address is 545 Sanctuary Drive, Unit B-404, Long Boat
Key, Florida 34228, hereinafter referred to as "Purchaser. "
WITNESSETH:
That in consideration of the payment by the Purchaser to the
Seller of the sum of $3 and in consideration of the mutual promises
and covenants contained herein, Seller agrees to sell to the
Purchaser and Purchaser agrees to purchase from the Seller the real
property which is described in the attached Exhibits "A" , "B" , and
"C" , hereinafter referred to respectively as "Parcel 1, " "Parcel
2, " and "Parcel 3 . "
The agreement of sale and purchase of said Parcels are subject
to the following conditions :
1 . Seller shall furnish to Purchaser a Special Warranty Deed
for said Parcels . Title insurance shall be paid for by
Purchaser.
2 . Purchaser agrees to pay to Seller the sum of $1 . 00 for
Parcel 1 and $1 . 00 for Parcel 2 .
3 . Seller and Purchaser agree that the current market value
for Parcel 3 is $121,837 . 00 . Consideration for the sale
of said Parcel by Seller to Purchaser shall be $1, unless
the sale or other transfer of all or part of Parcel 3 by
Purchaser occurs prior to June 29, 2004, in which
instance the Purchaser shall pay to the Seller that
balance of the current market value for Parcel 3 from the
date hereof, ($121,837 .00) declining on an equal basis
over ten ( 10) years according to the schedule shown in
the attached Exhibit "D. "
Purchaser agrees to execute a Note and Deed of Trust
which shall secure the current market value of Parcel 3
($121, 837 .00) and the declining balances thereof over ten
years .
4 . Title for said Parcels shall be merchantable in Seller.
Subject to payment or tender as above provided and
compliance by Purchaser with the other terms and
Page 1 of 3 Pages
940773
provisions hereof, Seller shall execute and deliver a
good and sufficient Special Warranty Deed for said
Parcels to Purchaser on a date certain set by mutual
agreement between Seller and Purchaser, conveying Parcel
1, Parcel 2 and Parcel 3 free and clear of all taxes 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, except those stated and set forth in
paragraph 3, above; and subject to all applicable
building and zoning regulations.
5 . Purchaser shall be responsible for the payment of all
property taxes for the year 1994, and each year
thereafter, beginning on the date of delivery of deed.
6 . The date of closing shall be the date of delivery of deed
as provided in paragraph 4 , above. The hour and place of
closing shall be designated by mutual agreement between
Seller and Purchaser.
7 . Time is of the essence hereof .
8 . Possession of said Parcels shall be delivered to
Purchaser upon closing and shall not be subject to any
leases or tenancies .
9 . 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 the Seller is a party of or which the
property is subject to, except as provided for herein.
10. All of the conditions, promises, and covenants stated
herein shall be in full force and effect, notwithstanding
the conveyance of said Parcels by Special Warranty Deed
as outlined in paragraph 4, above, or the execution of
the Note and Deed of Trust as outlined in paragraph 3,
above, and shall not merge with said Special Warranty
Deed, Note, and Deed of Trust.
11. Purchaser agrees to pay for the cost of any and all taps
or hook-ups for utilities extending from the street to
the Parcels. Such utilities include, but are not
necessarily limited to, the following: water, sewer,
Page 2 of 3 Pages
94077
electricity, gas, and telephone.
12 . This Agreement and the attached Promissory Note with
Provision for Forgiveness contains the entire agreement
and understanding between the parties to this Agreement
and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or
written.
13. Seller agrees to grade Parcel 1, Parcel 2 and Parcel 3
between the date hereof and the date of closing; in
accordance with the grading plan dated June 20, 1994
prepared for same by KLH Engineering Group. Time and
effort of Seller towards grading shall not exceed the
dedication of two high speed scrappers and two operators
for two eight hour days each.
IN WITNESS WHEREOF, a parties heret9 have subscribed their
names this , q0 q0 day of c , 196 (4.
� SELLER:
ATTEST: lifikekth COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
CLERK TO THE BOARD STATE OF COLORADO, BY AND
�', to/67
THROUGH ONE SOOFD EL CCOUNY
COMMISSIONERS OF WELD COUNTY,
BY: COLORADO
eputy Cler f �/
BY: � /.J /A®1.Q ,�l'� ('
W. H. Webs er, Chairman
A I{-e -I-. PURCHASER:
13r _ IJ .
As ts+ Car-O kc. Detc yet:n-1 !OH, H. SYKE ' , as agent for
1 S REALTY, C. , A FLORIDA
CORPORATION TO BE FORMED
SUBSCRIBED AND SWORN to before me this / ( day of
( is "" — , 199—'-. �iBCC Pteo TudC Vct/UE30, 19Sy
WITNESS my hand and official seal .
Notary Pub is fi
My commission expires : My CommissionExpiresJanuary10,1995
asykes.gjb
I% Page 3 of 3 Pages
940778
OFFICE BUILDING
PARCEL 1
WELD COUNTY BUSINESS PARK
LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West, of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 39" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 525. 00 feet; thence
South 00° 25' 21" West, a distance of 50. 00 feet to the South
right-of-way line of "O" Street, the Northwest Corner of Parcel
1, and the True Point of Beginning;
Thence South 89° 34 ' 39" East along the South right-of-way line
of "O" Street, a distance of 445.59 feet to a point on a curve to
the right having a radius of 30. 00 feet, a central angle of 89°
34' 40" , an arc distance of 46.90 feet, the long chord of which
bears South 44° 47/ 20" East, a distance of 42 .27 feet to a point
on the West right-of-way line of 11th Avenue; thence South 00°
00' 00" East along the West right-of-way line of 11th Avenue a
distance of 515. 74 feet; thence leaving said West right-of-way
line North 89° 34' 39" West, a distance of 592 .57 feet to a non-
tangent point on a curve concave to the Northwest having a radius
of 455. 00 feet, a central angle of 41° 18' 00" , an arc distance
of 327. 97 feet, the long chord of which bears North 21° 04' 21"
East, a distance of 320. 92 feet; thence North 00° 25' 21" East, a
distance of 245. 20 feet to the True Point of Beginning.
Said parcel of land contains 6. 219 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
ll�
~v\ C
Michael C. Ketterling,
June 21, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EXHIBIT "A"
940778
OFFICE BUILDING
PARCEL 2
WELD COUNTY BUSINESS PARK
LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 525. 00 feet; thence
South 00°25' 21" West, a distance of 50. 00 feet to the South
right-of-way line of "O" Street, the Northeast Corner of Parcel
2 , and the True Point of Beginning;
Thence South 00° 25' 21" West a distance of 245. 20 feet to a
point on a curve to the right having a radius of 455. 00 feet, a
central angle of 41° 18' 00" , an arc distance of 327 . 97 feet, the
long chord of which bears South 21° 04' 21" West, a distance of
320.92 feet; thence North 89° 34' 39" West, a distance of 84 .52
feet to a non-tangent point on a curve concave to the Northwest
having a radius of 395. 00 feet, a central angle of 46° 39' 03",
an arc distance of 321. 61 feet, the long chord of which bears
North 23° 44 ' 52" East, a distance of 312 .80 feet;
thence North 00° 25' 21" East, a distance of 245.20 feet to a
point on the South right-of-way line of "O" Street;
thence along said South right-of-way line South 89° 34 ' 39" East
a distance of 60 . 00 feet to the True Point of Beginning.
Said parcel of land contains 0. 798 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
JJ C .
Michael C. Ketterl
June 21, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EXHIBIT "B"
940778
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585. 00 feet; thence
South 000251 21" West, a distance of 50. 00 feet to the South
right-of-way line of "O" Street, the Northeast Corner of Parcel
3, and the True Point of Beginning;
Thence South 00° 25' 21" West a distance of 245. 20 feet to a
point on a curve to the right having a radius of 395. 00 feet, a
central angle of 46° 39' 03", an arc distance of 321. 61 feet, the
long chord of which bears South 23° 44' 52" West a distance of
312 . 80 feet; thence South 47° 04' 24" West, a distance of 19. 03
feet; thence North 89° 34' 39" West, a distance of 332 . 31 feet;
thence North 00° 25' 21" East, a distance of 545. 50 feet to a
point on the South right-of-way line of "O" Street; thence along
said South right-of-way line South 89° 34' 39" East a distance of
470. 00 feet to the True Point of Beginning.
Said parcel of land contains 5. 594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
.fix c .
Mic ael_CC. Ketterling, E
July 5, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EXHIBIT "C"
940779
EXHIBIT "D"
Year Balance
August 11, 1994 to August 10, 1995 $121,837 . 00
August 11, 1995 to August 10, 1996 109 ,653 . 30
August 11, 1996 to August 10, 1997 97 ,469 .60
August 11, 1997 to August 10, 1998 85,285 . 90
August 11, 1998 to August 10, 1999 73, 102 .20
August 11, 1999 to August 10, 2000 60, 918 .50
August 11, 2000 to August 10, 2001 48,734 . 80
August 11, 2001 to August 10, 2002 36,551 . 10
August 11, 2002 to August 10, 2003 24, 367 .40
August 11, 2003 to August 10, 2004 12 , 183 . 70
4dn'77R
RESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE WITH JOHN H. SYKES
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, Weld County currently owns property referred to as the Weld County
Business Park, located southwest of the intersection of 11th Avenue and '0'
Street, and
WHEREAS, said property was purchased in 1987 with Federal funds designated
specifically to be used for the purpose of upgrading and developing economically
depressed and blighted areas, and
WHEREAS, John H. Sykes desires to purchase property in the Weld County
Business Park, which property is more specifically described in the attached
Exhibits "A", "B", and "C", and
WHEREAS, Mr. Sykes plans to build a building on said property and
thereafter to lease the building and property to Sykes Enterprises, Inc. , for use
as the "Sykes Customer Support Center, " which will employ persons for work in the
field of computer software customer support, and
WHEREAS, the Board of County Commissioners deems it desirable to sell said
property to John H. Sykes, in order to assist in the creation of new jobs in Weld
County, Colorado, and
WHEREAS, the Board recognizes that sale of said property to Mr. Sykes will
benefit the citizens of Weld County, Colorado, in other ways, including, but not
limited to, the transfer of property from a non-taxable to taxable status and the
construction of buildings in an area of Weld County which has been recognized as
in need of development, and
WHEREAS, said construction will provide additional jobs in the construction
and computer industries which will have an economic benefit to the citizens of
Weld County, and
WHEREAS, in consideration of the sale of the real estate described in the
attached Exhibits "A", "B", and "C", John H. Sykes will pay the sum of $3. 00 and
will execute a Note and Deed of Trust for the real property described in the
attached Exhibit "A" in favor of Weld County for a period of ten years with a
declining annual balance in order to secure the continued ownership of the
property by John H. Sykes, and
WHEREAS, the Board of County Commissioners now deems it advisable to
authorize and approve the sale of the real estate described in the attached
Exhibits "A", "B", and "C", to John H. Sykes for the consideration as described
in the agreement for such sale.
EXHIBIT 1 940632
n _ _ „ 940773
AGREEMENT FOR SALE AND PURCHASE - SYKES
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the sale of the real estate described in the attached
Exhibits "A", "B", and "C" be, and hereby is, authorized and approved for the
consideration as described in the agreement for such sale which has been
presented to the Board.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign any and all necessary documents to effectuate the sale.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 6th day of July, A.D. , 1994, nunc pro tunc
June 30, 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ALL
WELD CCOUNTYY,, COLORADO
Weld Cou k / /1 /X/1 / ( d Q4
W. H!`We{sLer, Ch irman
/ Deputy Clerk to the Board Da ., Hall, Pr TTem
'APPROVED AS TO FORM: c. 7/. x/t,
George . Baxter
ounty Atto ey Constance L. Harbert
/ '6arbara J. Kirkm yer
940632
940779
OFFICE BUILDING
PARCEL 1
WELD COUNTY BUSINESS PARK
LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P .U. D . , a
subdivision within the city of Greeley, county of Weld, state of
Colorado ; more particularly described as follows :
Commencing . at the Northeast Corner of Section 31 , Township 6
North, Range 65 West, of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 39" West to the North Quarter Corner of said
Section 31 , with all bearings contained herein being relative
thereto ; thence North 89° 34 ' 39" West along the North line of
the Northeast Quarter (NE1/4 ) a distance of 525 . 00 feet; thence
South 00 ° 25 ' 21" West, a distance of 50 . 00 feet to the South
right-of-way line of "0" Street, the Northwest Corner of Parcel
1, and the True Point of Beginning;
Thence South 89 ° 34 ' 39" East along the South right-of-way line
of "0" Street, a distance of 445 . 59 feet to a point on a curve to
the right having a radius of 30 . 00 feet, a central angle of 89 °
34 ' 40" , an arc distance of 46 . 90 feet, the long chord of which
bears South 44 ° 47 ' 20" East, - a distance of 42 . 27 feet to a point
' on the West right-of-way line of 11th Avenue; thence South 00°
00 ' 00" East along the West right-of-way line of 11th Avenue a
distance of 515 . 74 feet; thence leaving said West right-of-way
line North 89" 34 ' 39" West, a distance of 592 . 57 feet to a non-
tangent point on a curve concave to the Northwest having a radius
of 455 . 00 feet, a central angle of 41° 18 ' 00" , an arc distance
of 327 . 97 feet, the long chord of which bears North 21° 04 ' 21"
East, a distance of 320 . 92 feet; thence North 00° 25 ' 21" East, a
distance of 245 . 20 feet to the True Point of Beginning.
Said parcel of land contains 6 . 219 acres , more or less , and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:/422...4
Michael C. Ketterling,CPE
June 21, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
B 1449 REC 02396261 07/06/94 15 : 54 $0 . 00 2/004
F 1658 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
• EXHIBIT "A"
•
940774
OFFICE BUILDING
PARCEL 2
WELD COUNTY BUSINESS PARK
LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P .U. D . , a
subdivision within the city of Greeley, county of Weld, state of
Colorado ; more particularly described as follows :
Commencing at the Northeast Corner of Section 31 , Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89 ° 34 ' 29" West to the North Quarter Corner of said
Section 31 , with all bearings contained herein being relative
thereto ; thence North 89 ° 34 ' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 525 . 00 feet; thence
South 00°25 ' 21" West, a distance of 50 . 00 feet to the South
right-of-way line of "O" Street, the Northeast Corner of Parcel
2 , and the True Point of Beginning;
Thence South 00° 25 ' 21" West a distance of 245 . 20 feet to a
point on a curve to the right having a radius of 455. 00 feet, a
central angle of 41° 18 ' 00" , an arc distance of 327 . 97 feet, the
long chord of which bears South 21° 04 ' 21" West, a distance of
320 . 92 feet; thence North 89 ° 34 ' 39" West, a distance of 84 . 52
. feet to a non-tangent point on a curve concave to the Northwest
having a radius of 395 . 00 feet, a central angle of 46 ° 39 ' 03" ,
an arc distance of 321. 61 feet, the long chord of which bears.
North 23 ° 44 ' 52" East, a distance of 312 . 80 feet;
thence North 00° 25 ' 21" East, a distance of 245 . 20 feet to a
point on the South right-of-way line of "0" Street;
thence along said South right-of-way line South 89 ° 34 ' 39" East
a .distance of 60 . 00 feet to the True Point of Beginning.
Said parcel of land contains 0 . 798 acres , more or less , and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
/X."4 ".<1;eite-\",,
Michael C. Ketterling, t
June 21 , 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
B 1449 REC 02396261 07/06/94 15 : 54 $0 . 00 3/004
F 1659 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "B"
94077s
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P. U. D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado ; more particularly described as follows:
Commencing at the Northeast Corner of Section 31 , Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89 ° 34 ' 29" West to the North Quarter Corner of said
Section 31 , with all bearings contained herein being relative
thereto; thence North 89 ° 34 ' 39" West along the North line of
the Northeast Quarter (NE1/4 ) a distance of 585 . 00 feet; thence
South 00°25' 21" West, a distance of 50 . 00 feet to the South
right-of-way line of "0" Street, the Northeast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25 ' 21" West a distance of 245 . 20 feet to a
point on a curve to the right having a radius of 395 . 00 feet, a
central angle of 46° 39 ' 03 " , an arc distance of 321. 61 feet, the
long chord of which bears South 23 ° 44 ' 52" West a distance of
312 . 80 feet; thence South 47 ° 04 ' 24" West, a distance of 19 . 03
feet; thence North 89 ° 34 ' 39" West, a distance of 332 . 31 feet;
. thence North 00° 25 ' 21" East, a distance of 545 . 50 feet to a
point on the South right-of-way line of "0" Street; thence along
said South right-of-way line South 89° 34 ' 39" East a distance of
470 . 00 feet to the True Point of Beginning.
Said parcel of land contains 5 . 594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:/1 •
444\44
MicI'iael C. Ketterling, E
July 5 , 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
B 1449 REC 02396261 07/06/94 15 : 54 $0 . 00 4/004
F 1660 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "C"
940'7'73
AKterlfa2b3 it o'clock M. ,
_No.
DEED OF TRUST
THIS DEED OF TRUST, dated June 30, 1994, between John H. Sykes, the grantor herein, whose address is 545 Sanctuary Drive,
Unit B-404, Long Boat Key, Florida 34228, and the PUBLIC TRUSTEE of the County of Weld, in the State of Colorado.
Witnesseth:
The grantor, to secure a promissory note dated June 30, 1994, for the total rincipal sum of $121,837.00 payable to the
order of the County of Weld, State of Colorado, by and through the Ho unty Commissioners of Weld County, the
beneficiary herein, whose address is 915 Tenth Street, Gkeeley, Color 8 after the date thereof, with no interest
due thereon and subject to the provisions and conditione ,.or forgiveness t forth in said promissory note, does
hereby grant and convey unto said Public Trustee the folrpwwi desa bed ro arty, situate in the County of Weld, State
of Colorado, to wit: �
All of the real property described in the attached "Exhi t ao
C
Ui ra`➢
r ti raj'
lessee
7.3 ( y�
TO HAVE AND TO HOLD the same together with all its appurt ances, in trustCfrtheless, that in case of default in the
payment of said note or any part thereof, or in the perfo ance of any omises and covenants set forth in said
note or as hereinafter set forth, then upon the beneficiary (note hold notice of election and demand for sale,
said Public Trustee, after advertising notice of said sale weekly, for not less than four weeks, in some newspaper of
general circulation in said County, shall sell said property in the manner provided by law in effect at the time of
filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of
the proceeds of said sale said Trustee shall retain or pay first all fees, charges and costs and all moneys advanced for
taxes, insurance and assessments, or on any prior encumbrance, with interest thereon, and pay the amount due on said
note, rendering the overplus (if any) unto the grantor; and after the expiration of the time of redemption, said Trustee
shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or
any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee simple,
and that said property is free of encumbrances, except the promissory note and deed of trust securing a first mortgage on
said property which shall not exceed eighty per cent (80%) of the market value of said property. Such first mortgage
shall be recorded subsequent to the date hereof. Such first mortgage may be satisfied and a new or replacement recorded
indebtedness from time to time and this Deed of Trust shall be subordinate thereto.
The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for
fire and extended coverage in an amount equal to the unpaid balance of said note with loss payable to the beneficiary,
will deliver a copy of the policy to the beneficiary, and will pay all taxes and assessments against said property and
amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums, taxes, or amounts due on prior
encumbrance, the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder, and in
case of foreclosure, the grantor will pay all reasonable attorney's fees incurred by the beneficiary.
Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said
property, the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall become
additional indebtedness due hereunder, and the grantor does hereby release and waive all claims in said property as a
homestead exemption or other exemption now or hereafter provided by law.
It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants
herein, then said amount hereby secured may at the option of the beneficiary become due and payable at once, anything in
said note to the contrary notwithstanding and possession of said property will thereupon be delivered to the beneficiary,
and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be
appointed by any court of competent jurisdiction.
Whenever used herein the singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs,
personal representatives, successors, and assigns of the parties hereto.
Executed the day and year first above written.
'
JO HI H. SYKES
STATE OP.polo1AD0) 71`I
: ing,OstrFAent was acknowledged before me this 30th day of June, 1994, by John H. Sykes.
My Comatriwerm ekpires r 'J ) , 19 %1O. Witness my han ��d0�official seal. •
rF Or c. y2lOD fit d.1 itn )
otary Public
)P.O. &r 258, a) 8063*
Address
No. 9238. Rev. 6-85 DEED OF TRUST (Public Trustee) without Due on Sale Clause 6-85
WHEN RECORDED RETURN TO:
R 1449 REC 02396263 07/06/94 15 : 55 $0 , 00 1/002
V 1664 MARY ANN FEUERSTEIN CL ;RK RECORDER WELD CO, CO
940778
8 7449 RFC -39626.i 07/06/94 15 : 55
F' 1665 MARY ANN FEUt.:R$TF.iN CLERK & RECoHDRR WELD CO, CO
c'0
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34 ' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585. 00 feet; thence
South 00°25' 21" West, a distance of 50 . 00 feet to the South
right-of-way line of "O" Street, the Northeast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25' 21" West a distance of 245 . 20 feet to a
point on a curve to the right having a radius of 395. 00 feet, a
central angle of 46° 39 ' 03" , an arc distance of 321. 61 feet, the
long chord of which bears South 23 ° 44' 52" West a distance of
312 . 80 feet; thence South 47° 04 ' 24" West, a distance of 19 . 03
feet; thence North 89° 34 ' 39" West, a distance of 332 . 31 feet;
thence North 00° 25 ' 21" East, a distance of 545 . 50 feet to a
point on the South right-of-way line of "O" Street; thence along
said South right-of-way line South 89 ° 34 ' 39" East a distance of
470. 00 feet to the True Point of Beginning.
Said parcel of land contains 5. 594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
/VIA"
' c
Michael C. Ketterling, E
July 5, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EXHIBIT "A"
940779
ATTACHED DOCUMENTS WERE CANCELLED AUGUST, 1994, AND AMENDED
AGREEMENT FOR SALE AND PURCHASE AGREEMENT WAS FINALIZED
AUGUST 15, 1994 - SEE DOCUMENT #940778
L. DODGE, DEPUTY
o'clock M. ,
4W240207g • Recorder.
SPECIAL WARRANTY DEED
John H. Sykes, whose legal address is 545 Sanctuary Driv Unit 8-404, Long
Boat Key, Florida 34228, for good and valuable considerati , in hand paid, hereby
sell(s) and convey(s) to the County of Weld, a body corpo to and politic of the
State of Colorado, whose address is 915 Tenth Street, G eley, Colorado, County of
Weld and State of Colorado, the following real propert in the County of Weld and
State of Colorado, to wit:
All of the real property described in the tached Exhibits "A", "B", and
"C,.
with all its appurtenances and warrant s) the title against all persons claiming
under John H. Sykes.
Signed and delivered this I. day of , 1914 .
BY:
aliti
J hn H. Sykes
STATE OF COLORADO )
SS.
COUNTY OF WELD )
/ e } re+gding nstrumeat .was acknowledged before me this // day of
,19/Y, by John H. Sykes.
gy CGCM:1'16' n expires MyO niss)unExpiresJanuary10,1 19
•.Maine4e( 4: . hand and official seal.
• 1
Not y Pubriej /`�
Name an Address of Person Creating Newly
Creat Legal Description (S 38-35-106.5, C.R.S.)
S sykes.arn DOC
2402078 B-1454 P-1005 08/11/94 04:39P PG 1 OF 4 R0000
Mary Ann Feuerstein Weld Co. , Clerk & Recorder
OFFICE BUILDING
/
PARCEL 1 /
WELD COUNTY BUSINESS PARK „,
LEGAL DESCRIPTION /`f
A part of Tract "B" , Weld County Business Park P.U.D. , a /,/
subdivision within the city of Greeley, county of Weld, stat of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, ownship 6
North, Range 65 West, of the 6th Principal Meridian, d
considering the North line of the Northeast Quarter NE1/4) to
bear North 89° 34 ' 39" West to the North Quarter C ner of said
Section 31, with all bearings contained herein b ng relative
thereto; thence North 89° 34 ' 39" West along th North line of
the Northeast Quarter (NE1/4) a distance of 5 . 00 feet; thence
South 00° 25' 21" West, a distance of 50. 00 eet to the South
right-of-way line of "O" Street, the North st Corner of Parcel
1, and the True Point of Beginning;
Thence South 89° 34 ' 39" East along th South right-of-way line
of "O" Street, a distance of 445.59 f et to a point on a curve to
the right having a radius of 30. 00 et, a central angle of 89°
34 ' 40" , an arc distance of 46. 90 eet, the long chord of which
bears South 44° 47 ' 20" East, a stance of 42 . 27 feet to a point
on the West right-of-way line o 11th Avenue; thence South 00°
00' 00" East along the West ri t-of-way line of 11th Avenue a
distance of 515. 74 feet; the e leaving said West right-of-way
line North 89° 34 ' 39" West./ a distance of 592 . 57 feet to a non-
tangent point on a curve cgficave to the Northwest having a radius
of 455. 00 feet, a central/angle of 41° 18' 00" , an arc distance
of 327 . 97 feet, the long chord of which bears North 21° 04' 21"
East, a distance of 320 . 92 feet; thence North 00° 25' 21" East, a
distance of 245. 20 fe to the True Point of Beginning.
Said parcel of land contains 6. 219 acres, more or less, and is
subject to any rig s-of-way or other easements as granted or
reserved by instr ments of record or as now existing on said
parcel of land.
Legal Descript on prepared by:
'4_
Michael C. Ketterling,
June 21, 994
KLH Eng ' eering, Inc.
822 7t Street, Suite 5
Creel , Colorado 80631
EXHIBIT "A"
1
2402078 B-1454 P-:1005 08/11/94 04:39P PG 2 OF 4
OFFICE BUILDING
PARCEL 2 //
WELD COUNTY BUSINESS PARK /
LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 1, Township 6
North, Range 65 West. of the 6th Principal Meridi , and
considering the North line of the Northeast Quar er (NE1/4) to
bear North 89° 34 ' 29" West to the North Quarte Corner of said
Section 31, with all bearings contained herei being relative
thereto; thence North 89° 34 ' 39" West along he North line of
the Northeast Quarter (NE1/4) a distance of 25. 00 feet; thence
South 00°25' 21" West, a distance of 50. 00 feet to the South
right-of-way line of "O" Street, the Nor east Corner of Parcel
2 , and the True Point of Beginning;
Thence South 00° 25' 21" West a dista ce of 245. 20 feet to a
point on a curve to the right havin a radius of 455. 00 feet, a
central angle of 41° 18 ' 00" , an a distance of 327 . 97 feet, the
long chord of which bears South 2 ° 04 ' 21" West, a distance of
320. 92 feet; thence North 89° 34 39" West, a distance of 84 . 52
feet to a non-tangent point on curve concave to the Northwest
having a radius of 395 . 00 fee , a central angle of 46° 39' 03" ,
an arc distance of 321. 61 fe , the long chord of which bears
North 23 ° 44 ' 52" East, a distance of 312 . 80 feet;
thence North 00° 25' 21" E st, a distance of 245. 20 feet to a
point on the South right- f-way line of "O" Street;
thence along said South fight-of-way line South 89° 34 ' 39" East
a distance of 60. 00 fe to the True Point of Beginning.
Said parcel of land ntains 0.798 acres, more or less, and is
subject to any righ -of-way or other easements as granted or
reserved by instru ents of record or as now existing on said
parcel of land.
Legal Descripti n prepared by:
Michael C. etterling,
June 21, 1 94
KLH Engi ering, Inc.
822 7th treet, Suite 5
Greeley, Colorado 80631
EXHIBIT "B"
2402078 B-1454 P-1005 08/] 1/94 04:39P PG 3 OF 4
OFFICE BUILDING
PARCEL 3 Zee
WELD COUNTY BUSINESS PARK /I/
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, ate of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section , Township 6
North, Range 65 West. of the 6th Principal Meridi , and
considering the North line of the Northeast Quar r (NE1/4) to
bear North 89° 34 ' 29" West to the North Quart Corner of said
Section 31, with all bearings contained herei being relative
thereto; thence North 89° 34 ' 39" West alon the North line of
the Northeast Quarter (NE1/4) a distance o 585 . 00 feet; thence
South 00°25' 21" West, a distance of 50. 0 feet to the South
right-of-way line of "0" Street, the No heast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25' 21" West a dis nce of 245 . 20 feet to a
point on a curve to the right havi g a radius of 395 . 00 feet, a
central angle of 46° 39 ' 03" , an rc distance of 321. 61 feet, the
long chord of which bears South 3° 44 ' 52" West a distance of
312 . 80 feet; thence South 47° 4 ' 24" West, a distance of 19 . 03
feet; thence North 89° 34 ' 39 West, a distance of 332 . 31 feet;
thence North 00° 25' 21" Ea , a distance of 545. 50 feet to a
point on the South right-o way line of "0" Street; thence along
said South right-of-way 1 ne South 89° 34 ' 39" East a distance of
470 . 00 feet to the Trueint of Beginning.
Said parcel of landtains 5. 594 acres, more or less, and is
subject to any right of-way or other easements as granted or
reserved by instrum is of record or as now existing on said
parcel of land. /
I
Legal Descriptio prepared by:
II / c
Mi.c ael C. K= terling, E
July 5, 199a
KLH Engine= ing, Inc.
822 7th S eet, Suite 5
Greeley, olorado 80631
/
EXHIBIT "C"
2402078 B-1454 P-1005 08/11/94 04:39P PG 4 OF 4
.
at o'clock M. ,
AR241:12U79 No. Recorder.
SPECIAL WARRANTY DEED
i
The County of Weld, a body corporate and politic of the State of lorado,
whose address is 915 Tenth Street, Greeley, Colorado, County of Weld, d State of
Colorado, for the consideration of Three Dollars ($3.00) , in hand pai , hereby
sell(s) and convey(s) to Sykes Realty, Inc. , a Florida Corporation, hose legal
address is 545 Sanctuary Drive, Unit B-404, Long Boat Key, Florida 4228, the
following real property in the County of Weld and State of Colora , to wit:
All of the real property described in the attached E ibits "A", "B",
and "C",
with all its appurtenances and warrant(s) the titl against all persons claiming
under Weld County.
//
Signed and delivered this // day of , ill � %/ a T 19
ATTEST: �sr/,r/ /+ � a.L
% c; 1eascorporate and
CLERK TO THE BOARD
) LA\BY: 07/ 41 BY: - 4 h�Jqyq.1 )0 �r`v . (.
W. H. Webster, Chairman
Board of County Commissioners
of the County of Weld, State of
Colorado
STATE OF COLORADO
) ss.
COUNTY'OF WELD
/ ( day of
'The for oin instrument was acknowledged before me this
194?(../, by W. H. Webster, Chairman, Board of County
C �`se; ner of he County of Weld State o rlorado.
My Commission Expires January iv,I wJi
= t,14y•ComcN` eion expires 19 Witness my hand and
off tA.alrs'ea .
Not Pub >c
Q8�A -
Name and dress of Person Creating Newly
Created al Description (5 38-35-106.5, C.R.S.)
2402079 B-1454 P-1006 08/11/94 04:39P PG 1 OF 4 REC DOC
awdeykes.gjb Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
OFFICE BUILDING
PARCEL 1
WELD COUNTY BUSINESS PARK
LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state
Colorado; more particularly described as follows: /
Commencing at the Northeast Corner of Section 31, To ship 6
North, Range 65 West, of the 6th Principal Meridian, an
considering the North line of the Northeast Quarter (N /4) to
bear North 89 ° 34 ' 39" West to the North Quarter Cor r of said
Section 31 , with all bearings contained herein bein relative
thereto; thence North 89 ° 34 ' 39" West along the rth line of
the Northeast Quarter (NE1/4) a distance of 525 . 0 feet; thence
South 00° 25' 21" West, a distance of 50. 00 fe to the South
right-of-way line of "0" Street, the Northwes Corner of Parcel
1, and the True Point of Beginning;
Thence South 89° 34 ' 39" East along the S uth right-of-way line
of "0" Street, a distance of 445 . 59 fee to a point on a curve to
the right having a radius of 30. 00 fee , a central angle of 89°
34 ' 40" , an arc distance of 46 . 90 fee , the long chord of which
bears South 44 ° 47 ' 20" East, a dist nce of 42 . 27 feet to a point
on the West right-of-way line of 11 h Avenue; thence South 00°
00' 00" East along the West right- f-way line of 11th Avenue a
distance of 515 . 74 feet; thence eaving said West right-of-way
line North 89° 34 ' 39" West, a stance of 592 . 57 feet to a non-
tangent point on a curve conc e to the Northwest having a radius
of 455 . 00 feet, a central an e of 41° 18' 00" , an arc distance
of 327 . 97 feet, the long ch rd of which bears North 21° 04 ' 21"
East, a distance of 320 . 92 feet; thence North 00° 25' 21" East, a
distance of 245 . 20 feet the True Point of Beginning.
Said parcel of land co ains 6 . 219 acres, more or less, and is
subject to any rights of-way or other easements as granted or
reserved by instrum is of record or as now existing on said
parcel of land. /
Legal Descripti prepared by:
4,I c
Michael C. Cetterling,
June 21, 994
KLH Engi eering, Inc.
822 7t Street, Suite 5
Creel , Colorado 80631
EXHIBIT "A"
2402079 B-1454 P-1006 08/11/94 04:39P PG 2 OF 4
OFFICE BUILDING
PARCEL 2
WELD COUNTY BUSINESS PARK
LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, wnship 6
North, Range 65 West. of the 6th Principal Meridian, d
considering the North line of the Northeast Quarter NE1/4) to
bear North 89° 34 ' 29" West to the North Quarter rner of said
Section 31, with all bearings contained herein ing relative
thereto; thence North 89° 34 ' 39" West along e North line of
the Northeast Quarter (NE1/4) a distance of 25 . 00 feet; thence
South 00°25 ' 21" West, a distance of 50. 0 feet to the South
right-of-way line of "O" Street, the No east Corner of Parcel
2 , and the True Point of Beginning; ,
/a
Thence South 00° 25' 21" West a di ance of 245 . 20 feet to a
point on a curve to the right ha ng a radius of 455 . 00 feet, a
central angle of 41° 18 ' 00" , 9, arc distance of 327 . 97 feet, the
long chord of which bears Sogt'h 21° 04 ' 21" West, a distance of
320. 92 feet; thence North 8rr 34 ' 39" West, a distance of 84 . 52
feet to a non-tangent poiryt on a curve concave to the Northwest
having a radius of 395 . 0(9 feet, a central angle of 46° 39 ' 03" ,
an arc distance of 321/.1 feet, the long chord of which bears
North 23 ° 44 ' 52" Eas ', a distance of 312 . 80 feet;
thence North 00° 25',/21" East, a distance of 245. 20 feet to a
point on the South fight-of-way line of "O" Street;
thence along said south right-of-way line South 89° 34 ' 39" East
a distance of 60,60 feet to the True Point of Beginning.
Said parcel of/ and contains 0. 798 acres, more or less, and is
subject to an ' rights-of-way or other easements as granted or
reserved by , nstruments of record or as now existing on said
parcel of 1 nd.
Legal Des iption prepared by:
Michae C. Ketterling,
June , 1994
KLH gineering, Inc.
822 th Street, Suite 5
Gre ley, Colorado 80631
EXHIBIT "B"
2402079 B-1454 P-1006 08/11/94 04:39P PG 3 OF 4
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U. D. , a tir
subdivision within the city of Greeley, county of Weld, statf
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, T wnship 6
North, Range 65 West. of the 6th Principal Meridian, a
considering the North line of the Northeast Quarter ( 1/4) to
bear North 89° 34 ' 29" West to the North Quarter Copper of said
Section 31, with all bearings contained herein bei g relative
thereto; thence North 89° 34 ' 39" West along the orth line of
the Northeast Quarter (NE1/4) a distance of 585 00 feet; thence
South 00°25' 21" West, a distance of 50 . 00 fe to the South
right-of-way line of "O" Street, the Northeast Corner of Parcel
3 , and the True Point of Beginning; /
Thence South 00° 25 ' 21" West a distant of 245 . 20 feet to a
point on a curve to the right having radius of 395. 00 feet, a
central angle of 46° 39 ' 03" , an arc istance of 321. 61 feet, the
long chord of which bears South 23 ° 44 ' 52" West a distance of
312 . 80 feet; thence South 47° 04 ' 44" West, a distance of 19 . 03
feet; thence North 89° 34 ' 39" st, a distance of 332 . 31 feet;
thence North 00° 25' 21" East, / distance of 545. 50 feet to a
point on the South right-of-4y line of "O" Street; thence along
said South right-of-way line/South 89° 34 ' 39" East a distance of
470 . 00 feet to the True Pont of Beginning.
Said parcel of land con ins 5 . 594 acres, more or less, and is
subject to any rights-If-way or other easements as granted or
reserved by instrumens of record or as now existing on said
parcel of land.
//
Legal Description/prepared by:
c .
Mic ael C. K terling, E
July 5 , 199
KLH Engine ing, Inc.
822 7th S eet, Suite 5
Greeley, olorado 80631
EXHIBIT "C"
2402079 B-1454 P-1006 08/11/94 04:39P PG 4 OF 4
/
Axe-came REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE �'`
August 11, 1994 Date
a
,
John H. Sykes Grantor (Borrower) / .
r
County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County Original Beneficiary ender)
June 30, 994 Date of Deed of Tr t
July 6, 199 Recording Date o Deed of Trust
Weld County of Rec ding
02396263 Reception a d/or Film Nos.
Reception No. Film No. of Record Deed of Trust
1449 Book an Page of Deed of
Book No. Page No. Trust
TO THE PUBLIC TRUSTEE OF w D COUNTY (The Public Trustee o which the above Deed of Trust
conveys the said property. )
Please execute this relea e, as the indebtednes secured by the Deed of Trust has been
fully or rtiie y a' t e purpose of the D d of Trust has been fully satisfied.
ATTEST:'V / - . BOARD COUNTY C MMI SIIONERS OF WELD COUNTY,
COLD --!- s��� /Ldl£sat !/0/„.(
CLERK TO r B Ar`� `°N
r-" r
j,; ////(1C-s_/
\ W H. Webster, Chairman
BY: / '/-, -r G '.r mss'
(Deputy Clerk to he Board
STATE OF COLORADO ) sa c , A \
COUNTY OF WELD , ) \.
Th €bregoing•,&t�tachment to Pr missory Note ted June 30, 1994 was acknowledged before
me on _...4 !`//j i/Yi`y , 1994 y Dale K. Hall, o-Tem, for W. H. Webster, Chairman, Board
of County ¢¢Wesionere of wel county, Colorado. My Commission Expires January 10,199J
r
$j4dd WW byU Land and official seal. Date Corymtpssss Dn pires
`', OF Notary Public
RELEASE OF DEED OF TRUST '
WHEREAS, the ab ve-referenced Grantor(s) , by Deed of ust, conveyed certain real
property described in said Deed of Trust to the Public Trust a of the county referenced
above, in the St to of Colorado, to be held in trust to cure the payment of the
indebtedness ref red to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has beek fully or partially paid
and/or the pur se of the Deed of Trust has been fully satisfied as et forth in the written
request of th current owner and holder of the said indebtedness. `\
NOW, THE FORE, in consideration of the premises and the paymenttof the statutory sum,
receipt of hich is hereby acknowledged, I, as the Public Trustee in the County first
referenced above, do hereby remise, release and quitclaim unto the prd ent owner or owners
of said r al property, and unto the heirs, successors and assigns of ch owner or owners
forever„ 11 the right, title, and interest which I have under and by virt e of the aforesaid
Deed of rust in the real estate described therein, to have and to hold he same, with all
the prrileges and appurtenances thereunto belonging forever; and further do hereby filly
and ab olutely release, cancel and forever discharge said Deed of Trust. 6013 i 149k
Public Trustee
r C
BY Gtre_it.c oY� C Z idt/11Ld/
Deputy Public Trustee
STATE OF COLORADO )
as.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on AUG 1 t 19941 , 1994 by
' i . , . _ 'iVlllrb as the iytifdt1 /7 Public Trustee of Weld County, Colorado.
Witness by hand and official seal. Date C mmission.Rxpi /' APRIL 4, 199
Notary Public /
Original Note and Deed of Trust ReturneJ to: -
Received by
2402082 P-1454 P-1009 08/11/94 04:42P PG 1 OF REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
t o'clock M. ,
ARd40dUtl3 go.
DEED OF TRUST
THIS DEED OF TRUST, dated August 11, 1994, between SYKES REALTY, INC., A FLORIDA CORPORATION, the grantor herein, who
address is 545 Sanctuary Drive, Unit 0-404, Long Boat Key, Florida 34228, and the PUBLIC TRUSTEE of the County of w d,
in the State of Colorado.
/
Witnesseth: /r
i
The grantor, to secure a promissory note dated August 11, 1994, for the total principal sum of $121,837.00 yable to the.
order of the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld unty, the
beneficiary herein, whose address is 915 Tenth Street, Greeley, Colorado 80631, after the date thereof, th no interest
due thereon and subject to the provisions and conditions for forgiveness as set forth in said promisso note, does
hereby grant and convey unto said Public Trustee the following described property, situate in the Co ty of Weld, state
of Colorado, to wit:
All of the real property described in the attached "Exhibit A."
TO HAVE AND TO HOLD the same together with all its appurtenances, in trust neverthele , that in case of default in the
payment of said note or any part thereof, or in the performance of any of the promis and covenants set forth in said
note or as hereinafter set forth, then upon the beneficiary (note holder) filing n ice of election and demand for sale,
said Public Trustee, after advertising notice of said sale weekly, for not less an four weeks, in some newspaper of
general circulation in said County, shall sell said property in the manner prov ded by law in effect at the time of
filing said notice and demand, at public auction for cash, at any proper plac designated in the notice of sale. out of
the proceeds of said sale said Trustee shall retain or pay first all fees, arges and costs and all moneys advanced for
taxes, insurance and assessments, or on any prior encumbrance, with inter t thereon, and pay the amount due on said
note, rendering the ovsrplus (if any) unto the grantor; and after the e iration of the time of redemption, said Trustee
shall execute and deliver to the purchaser a deed to the property sold/ The beneficiary may purchase said property or
any part thereof at such sale.
The grantor covenants that at the time of delivery of these resents, he is seized of said property in fee simple,
and that said property is free of encumbrances, except the pr ssory note and deed of trust securing a first mortgage cr
said property which shall not exceed eighty per cent (80%) of he market value of said property. Such first mortgage
shall be recorded subsequent to the date hereof. Such fire mortgage may be satisfied and a new or replacement recorder
indebtedness from time to time and this Deed of Trust she be subordinate thereto.
The grantor also covenants that he will keep all tidings insured with a company approved by the beneficiary for
fire and extended coverage in an amount equal to the npaid balance of said note with loss payable to the beneficiary,
will deliver a copy of the policy to the beneficl , and will pay all taxes and assessments against said property and
amounts due on prior encumbrances. If grantor e 1 fail to pay insurance premiums, taxes, or amounts due on prior
encumbrance, the beneficiary may pay the same a all amounts shall become additional indebtedness due hereunder, and ir
case of foreclosure, the grantor will pay all easonable attorney's fees incurred by the beneficiary.
Should the beneficiary hereunder be e a party to any action affecting this deed of trust or the title to said
property, the grantor agrees that all co t costa and a reasonable attorney's fee paid by the beneficiary shall become
additional indebtedness due hereunder, nd the grantor does hereby release and waive all claims in said property ae a
homestead exemption or other exemptio now or hereafter provided by law.
/
It is agreed that in case of efault in payment of said principal or interest or a breach of any of the covenants
herein, then said amount hereby ecured may at the option of the beneficiary become due and payable at once, anything ir.
said note to the contrary notw hstanding and possession of said property will thereupon be delivered to the beneficiary,
and on failure to deliver su possession the beneficiary shall be entitled to a receiver for said property, who may be
appointed by any court of c patent jurisdiction.
Whenever used here the singular number shall include the plural, the plural the singular, and the use of any
gender shall be applic le to all genders. All of the covenants herein shall be binding upon the respective heirs,
personal representat es, successors, and assigns of the parties hereto.
Executed the ay and year first above written.
4 - -4. Carpeie te. .Peter_reti-ce,ry JOHN SYKEs, PRES DEI,
/j �YXE REALTY, INC., A RIDA CORPORATION
STATE OF COLORADO)1 r i.
�. wed
COUNTY OP'WELD, t). l '.
The ;riming inst
rument trument was acknowledged before me this /( day of (1; 4,c)- , 1994, by John H. Sykes,
President, SYKES REALTY, INC., A FLORIDA RPOBA
' ,f ' `- MyCIXnmiSSi00E)cPireS emery X995
My Commission expires , 19 Witness my hand ani4zrcW
ial seal.(
&k
9i. /0 ' , _ �n x
'J
-11.1
—
Address c,G(, ,
No. 923B. Rev. 6-85 DEED OF TRUST (Public Trustee) without Due on Sale Clause 6-85
WHEN RECORDED RETURN TO:
2402083 B-1454 P-1010 08/11/94 04:43P PG 1 OF 2 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quart f Corner of said
Section 31, with all bearings contained here ' being relative
thereto; thence North 89° 34' 39" West alon the North line of
the Northeast Quarter (NE1/4) a distance 585. 00 feet; thence
South 00°25' 21" West, a distance of 50. 0 feet to the South
right-of-way line of "O" Street, the N theast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25' 21" West a di,4tance of 245. 20 feet to a
point on a curve to the right haying a radius of 395. 00 feet, a
central angle of 46° 39 ' 03" , a/ arc distance of 321. 61 feet, the
long chord of which bears Souph 23° 44 ' 52" West a distance of
312 . 80 feet; thence South 477 04 ' 24" West, a distance of 19 . 03
feet; thence North 89° 34 ' 49" West, a distance of 332 . 31 feet;
thence North 00° 25' 21" East, a distance of 545. 50 feet to a
point on the South right/of-way line of "O" Street; thence along
said South right-of-waj line South 89° 34' 39" East a distance of
470. 00 feet to the TyUe Point of Beginning.
Said parcel of la . contains 5. 594 acres, more or less, and is
subject to any r ' •hts-of-way or other easements as granted or
reserved by ins ruments of record or as now existing on said
parcel of lane .
Legal Descr ' •tion prepared by:
11 e „ �rte'"iI7
Mic ae C. Ketterling, E
July , 1994
KLH ' gineering, Inc.
822 th Street, Suite 5
Gr- - ley, Colorado 80631
EXHIBIT "A"
2402083 B-1454 P-1010 08/11/94 04:43P PG 2 OF 2
AR24ch jdll PROMISSORY NOTE WITH PROVISION FOR FORGIVENESS
$121, 837 . 00 Greeley, Colorado
August 11, 1994
The undersigned, SYKES REALTY, INC. , A FLORIDA CORPORATION,
hereinafter referred to as "Maker" , hereby promises to pay to the
order of the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, Colorado, the sum of
$121,837 . 00, to be repaid without interest in ten equal annual
installments , due and payable commencing one year from the making
of this Note and continuing each year thereafter until full and
final payment is made. The annual payments will be excused if, and
only if, on each of the anniversary dates the Maker is the legal
and equitable owner of the real estate which is described in the
attached "Exhibit A. " The principal balance shall be reduced by the
amount of any excused payment. Notwithstanding the foregoing
provision, if said real estate is the subject of a "prohibited"
transfer at any time before August 10, 2004, the entire balance of
this Note shall become due and payable immediately.
For purposes of this Note, a "prohibited" transfer includes the
sale thereof . A "prohibited" transfer does not include:
1 . The creation of a lien or incumbrance subordinate to the
Deed of Trust securing this Note;
2 . The transfer of title by devise or descent, or to Maker' s
apparent heirs, or to a corporation controlled by Maker or his
apparent heirs, or by operation of law upon the death of a joint
tenant; or
3 . A sale or other transfer to which the Board of County
Commissioners of Weld County, Colorado, consents in writing.
Notwithstanding any other provision of this paragraph, the Board of
County Commissioners of Weld County, Colorado, shall have no right
to declare a default if the County of Weld, State of Colorado, and
the transferee mutually agree in writing to the assumption of the
indebtedness by the transferee.
This Note shall be subordinate to the Deed of Trust and Promissory
Note for a first mortgage on said real estate which shall not
exceed 80 percent of market value.
Maker acknowledges that the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,
Colorado, has transferred to it the ownership of said real estate,
with current market value as of the date of the signing of this
Note in the amount shown above, for the purpose of the development
of a business located on said real estate, and a condition for
forgiveness of this Note is that the undersigned continues to own
1
2402080 8-1454 P-1007 08/11/94 04:40P PG 1 OF 3 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
said real estate for at least ten years from the date of the Note.
The undersigned further acknowledges that the purpose of this Note
and the accompanying Deed of Trust is to secure and assure
compliance with that condition. The undersigned further
acknowledges that the transfer of said real estate to it
constitutes sufficient and adequate consideration for this Note.
The indebtedness evidenced by this Note is secured by a Deed of
Trust, dated August 11, 1994 and, until released, said Deed of
Trust contains additional rights of the noteholder.
AWesk"
CCUX�� - is
B1 A5-st. pc.rti-c. 'S -Y 1 JO N . SYKES, Pr ident
SY E REALTY, C. , A FLORIDA
CO RATION
SUBSCRIBED AND SWORN ttoo before me this /7 day of
l
W NESS my hand and official seal .
t
No'tiry Pu it
io
• . •`Aft '• • •
Qariion expires :
`';p U
F n_
pneykes.gjb
2
2402080 B-1454 P-1007 08/11/94 04:40P PG 2 OF 3
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34 ' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585. 00 feet; thence
South 00°25' 21" West, a distance of 50. 00 feet to the South
right-of-way line of "O" Street, the Northeast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25' 21" West a distance of 245. 20 feet to a
point on a curve to the right having a radius of 395. 00 feet, a
central angle of 46° 39 ' 03" , an arc distance of 321. 61 feet, the
long chord of which bears South 23 ° 44 ' 52" West a distance of
312 . 80 feet; thence South 47° 04 ' 24" West, a distance of 19 . 03
feet; thence North 89° 34 ' 39" West, a distance of 332 . 31 feet;
thence North 00° 25' 21" East, a distance of 545. 50 feet to a
point on the South right-of-way line of "O" Street; thence along
said South right-of-way line South 89° 34 ' 39" East a distance of
470. 00 feet to the True Point of Beginning.
Said parcel of land contains 5. 594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
Mic ael C. Ketterling, E
July 5, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EXHIBIT "A"
2402080 B-1454 P-1007 08/11/94 04:40P PG 3 OF 3
ATTACHMENT TO PROMISSORY NOTE DATED JUNE 30, 1994
AR29UdUd1
r
The Board of County Commissioners of Weld County, Colorado,
hereby declare and acknowledge the complete cancellation and
satisfaction of the attached Promissory Note of John H. Sykes by
reason of the execution of a new substitute note in the same amount
and containing the same terms and conditions by SYKES REALTY, INC. ,
A FLORIDA CORPORATION. In view of such cancellation and
satisfaction, the Board hereby requests the Public Trustee of the
County of Weld, Colorado, to mark the attached note "CANCELED,
August 11, 1994" and to issue its Release of the Deed of Trust
securing such note, such Deed of Trust having been recorded July 6 ,
1994 in Book 1449 as Reception No. 02396263 of the records of the
Clerk and Recorder of Weld County, Colorado.
Dated this ' EIV\ day of August, 1994 .
ATTEST: ' 4-lt/�7 BOARD OF COUNTY COMMISSIONERS
rrn j / vvv OF WELD COUNTY CO RADO
Cnt:R,l�il0,7I-)'>y.. BOARD ✓£�
OZ
Bf\ , %
—
7 i2p BY:
Ieputy\C erk to the Board \ W. H. Webster, Chairman
STATE OF COLORADO )
ss .
COUNTY OF WELDAA m
^.:The..'t 'regoing Attachment to Promissory Note Dated June 30,
19,4 ,Wpf. Aakhowledged before me on 4,,j,ft,,ter,-/- // , 1994 by
pa pt. Eh111 Pro-Tem, for W. H. Webster, Chairman, Board of County
Cmmmiess'iopers of Weld County, Colorado.
Witness by hand and official seal .
Date Commission Expires /, = - '7
/ f 1
‘Otary ubl c
2402081 8-1454 P-1008 08/11/94 04:41P PG 1 OF 4 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
AK13462kd �,�
PROMISSORYsNQTE WITH PROVISION FOR FORGIVENESS
01,
$121,837 . 00 Greeley, Colorado
June 30, 1994
The undersignedio g n H eSykes'y Z einafter referred to as "Maker" ,
hereby promises te to o! of the County of Weld, State of
Colorado, by and tti t B of County Commissioners of Weld
County, Colorado, t}44 r of 21, 837 . 00, to be repaid without
interest in ten equ annual installments, due and payable
commencing one year fr the making of this Note and continuing
each year thereafter until full and final payment is made. The
` N annual payments will be excused if, and only if, on each of the
anniversary dates the Maker is the legal and equitable owner of the
real estate which is described in the attached "Exhibit A. " The
Z principal balance shall be reduced by the amount of any excused
f\ payment. Notwithstanding the foregoing provision, if said real
TI) estate is the subject of a "prohibited" tr er at any time before
r_ June 29, 2004 , the entire balance of the to hall become due and
payable immediately. / �� ��\ 1A
I P For purposes of this Note a "pro Ybite "\t a3y�Per includes the
\--) sale thereof. A "prohibi ad-" f�_ do s n't include:
1 . The�cr t�1otof a lien)l inCumbrance subordinate to the
C4 V Deed of Trust� 4se4u�h.ng thi/s Nc�tf�,
p � ;� S � . T e' trans o `title by devise or descent, or to Maker' s
% apparirs, or a corporation controlled by Maker or his
r J apparent heirs, or operation of law upon the death of a joint
q� � tenant; or
3 . A sale or other transfer to which the Board of County
_ Commissioners of Weld County, Colorado, consents in writing.
c ' 4) Notwithstanding any other provision of this paragraph, the Board of
S1 County Commissioners of Weld County, Colorado, shall have no right
to declare a default if the County of Weld, State of Colorado, and
the transferee mutually agree in writing to the assumption of the
indebtedness by the transferee.
This Note shall be subordinate to the Deed of Trust and Promissory
Note for a first mortgage on said real estate which shall not
exceed 80 percent of market value.
Maker acknowledges that the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,
Colorado, has transferred to it the ownership of said real estate,
with current market value as of the date of the signing of this
Note in the amount shown above, for the purpose of the development
of a business located on said real estate, and a condition for
forgiveness of this Note is that the undersigned continues to own
1
B 1449 REC 02396262 07/06/94 15 : 54 $0 . 00 1/003
F 1661 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
2402081 8-1454 P-1008 08/11/94 04:41P PG 2 OF 4
said real estate for at least ten years from the date of the Note.
The undersigned further acknowledges that the purpose of this Note
and the accompanying Deed of Trust is to secure and assure
compliance with that condition. The undersigned further
acknowledges that the transfer of said real estate to it
constitutes sufficient and adequate consideration for this Note .
The indebtedness evidenced by this Note is secured by a Deed of
Trust, dated June 30, 1994 and, until released, said Deed of Trust
contains additional rights of the noteholder.
/ J H. SYK S
rfil
SUBSCRIBED AND SWORN t to_ kjefore me this SQ day of
1
WITyESS my hand and official seal .
Notary Pu is
ry' co
My commission expires : /// /9(p
pnsykes.gjb
$0
. 00 2/003
E 1449 RXC 02396262 07/06/94 15 : 54
H 1662 MARY ANN FEUERSTEIN CLERK & RECORDER WELD Co, CO
2402081 B-1454 P-1008 08/11/94 04:41P PG 3 OF 4
2
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34 ' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585. 00 feet; thence
South 00°25' 21" West, a distance of 50 . 00 feet to the South
right-of-way line of "0" Street, the Northeast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25 ' 21" West a distance of 245. 20 feet to a
point on a curve to the right having a radius of 395 . 00 feet, a
central angle of 46° 39 ' 03" , an arc distance of 321. 61 feet, the
long chord of which bears South 23 ° 44 ' 52" West a distance of
312 . 80 feet; thence South 47 ° 04 ' 24" West, a distance of 19 . 03
feet; thence North 89° 34 ' 39" West, a distance of 332 . 31 feet;
thence North 00° 25 ' 21" East, a distance of 545. 50 feet to a
point on the South right-of-way line of "0" Street; thence along
said South right-of-way line South 89° 34 ' 39" East a distance of
470 . 00 feet to the True Point of Beginning.
Said parcel of land contains 5 . 594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
c
c
Mic ael C. Ketterling, E
July 5 , 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
R 1449 HC 02396262 c;7/06/94 1.5 : 54 $0 . 00 3/00.+
F 1663 MAI?Y APH1 frE0kRvTTN CT.NRK & RECORDER WELD CO, C
2402081 B-1454 P-1008 08/11/94 04:41P PG 4 OF 4
EXHIBIT "A"
Aii2 4iJ2i1?3 LIEN WAIVER RELEASE
TO: Sykes Realty Inc (hereinafter referred to as "the Owner")
FROM: Tiger of Northern Colorado
PROJECT: Sykes Customer Support Center 1515 N 1 lth Ave, Greeley,Colorado
1. The undersigned does hereby release all Mechanic's Liens Rights, Miller Act Claim (40 USCA), Stop Notice,
Equitable Liens and Labor and Material Bond Rights resulting from labor and/or materials, subcontract work,
equipment or other work,rents, service or supplies heretofore,alteration,additions to or repair of the above
described project.
2. It is acknowledged that other adequate consideration has been received by the undersigned for this release.
3. In further consideration of the payment made or to be made as above set forth,and to induce the contractor to
make said payment,the undersigned agrees to defend and hold harmless the owner,contractor and/or lender,
and/or the principal and surety form any claim or claims hereinafter made by the undersigned and/or its material
suppliers,subcontractors or employees,servants,agents or assigns of such persons against the project. The
undersigned agrees to indemnify or reimburse all persons so relying upon this release for any and all sums,
including attorney's fees and costs,which may be incurred as the result of any such claims.
4. It is acknowledge that the designation of the above project constitutes an adequate description of the property
and improvements for which the undersigned has received consideration for this release.
5. It is further warranted and represented that all such claims against the undersigned or the undersigned's
subcontractors and/or material suppliers have been paid or that arrangements, satisfactory to the owner and
contractor,have been made for such payments.
6. It is acknowledged that this release is for the benefit of and may be relied upon by the owner,the contractor,
and construction lender and the principal and surety on any labor and material bond for the project.
7. In addition to the foregoing ,this instrument shall constitute a full, final and complete release of all rights,
claims and demands of the undersigned against the contractor arising out of or pertaining to the above referenced
project. If partial, all rights and claims on the project are released up to and including the 11 day of
August , 1994.
Dated this 11 day of August ,1994.
FIRM Tiger of Northern Colorado
Name of fine or person giving release
4) lor
BY 1J(a�t t 0 j
yIJ tt I Date
WITNESS 1.-'-tom- .�0 W
DATE Rt.(
2402073 B-1454 P-1000 08/1L/94 03:59P PG :1 OF 1 REC00 D0C
Mary Ann Feuerstein Weld Co. , Clerk & Recorder
•
pt(24112U74
LIEN WAIVER RELEASE
TO: Sykes Realty Inc (hereinafter referred to as"the Owner".)
FROM: Doty Construction
PROJECT: Sykes Customer Support Center 1515 N 11th Ave, Greeley,Colorado
1. The undersigned does hereby release all Mechanic's Liens Rights, Miller Act Claim (40 USCA), Stop Notice,
Equitable Liens and Labor and Material Bond Rights resulting from labor and/or materials, subcontract work,
equipment or other work,rents,service or supplies heretofore,alteration,additions to or repair of the above
described project.
2. It is acknowledged that other adequate consideration has been received by the undersigned for this release.
3. In further consideration of the payment made or to be made as above set forth, and to induce the contractor to
make said payment,the undersigned agrees to defend and hold harmless the owner, contractor and/or lender,
and/or the principal and surety form any claim or claims hereinafter made by the undersigned and/or its material
suppliers, subcontractors or employees, servants,agents or assigns of such persons against the project. The
undersigned agrees to indemnify or reimburse all persons so relying upon this release for any and all sums,
including attorney's fees and costs, which may be incurred as the result of any such claims.
4. It i.s acknowledge that the designation of the above project constitutes an adequate description of the property
and improvements for which the undersigned has received consideration for this release.
5. It is further warranted and represented that all such claims against the undersigned or the undersigned's
subcontractors and/or material suppliers have been paid or that arrangements, satisfactory to the owner and
contractor,have been made for such payments.
6. It is acknowledged that this release is for the benefit of and may be relied upon by the owner,the contractor,
and construction lender and the principal and surety on any labor and material bond for the project.
7. In addition to the foregoing ,this instrument shall constitute a full, final and complete release of all rights,
claims and demands of the undersigned against the contractor arising out of or pertaining to the above referenced
project. If partial,all rights and claims on the project are released up to and including the 11 day of
August , 1994.
Dated this 11 day of August ,1994.
FIRM Doty Construction
Name of firm or person giving release
BY /47. //- c7y
Date
WITNESS �' -AAA "r"I
DATE - ( ( -Q V
REC D0C
2402074 R-1454 P-1001 08/11/94 04:38P PG 1 OF 1 0.00
Mary Ann Feuerstein Weld Co. , Clerk & Recorder
AR24U2i175
LIEN WAIVER RELEASE
TO: Sykes Realty Inc (hereinafter referred to as"the Owner".)
FROM: SHALO IGLUM131MC5 4 HEAT' iNiG
PROJECT: Sykes Customer Support Center 1515 N l lth Ave, Greeley,Colorado
I. The undersigned does hereby release all Mechanic's Liens Rights,Miller Act Claim(40 USCA), Stop Notice.
Equitable Liens and Labor and Material Bond Rights resulting from labor and/or materials,subcontract work,
equipment or other work,rents,service or supplies heretofore,alteration,additions to or repair of the above
described project.
2. It is acknowledged that other adequate consideration has been received by the undersigned for this release.
3. In further consideration of the payment made or to be made as above set forth,and to induce the contractor to
make said payment,the undersigned agrees to defend and hold harmless the owner,contractor and/or lender,
and/or the principal and surety form any claim or claims hereinafter made by the undersigned and/or its material
suppliers,subcontractors or employees,servants,agents or assigns of such persons against the project. The
undersigned agrees to indemnify or reimburse all persons so relying upon this release for any and all sums,
including attorney's fees and costs,which may be incurred as the result of any such claims.
4. It is acknowledge that the designation of the above project constitutes an adequate description of the property
and improvements for which the undersigned has received consideration for this release.
5. It is further warranted and represented that all such claims against the undersigned or the undersigned's
subcontractors and/or material suppliers have been paid or that arrangements, satisfactory to the owner and
contractor, have been made for such payments.
6. It is acknowledged that this release is for the benefit of and may be relied upon by the owner,the contractor,
and construction lender and the principal and surety on any labor and material bond for the project.
7. In addition to the foregoing,this instrument shall constitute a full, final and complete release of all rights.
claims and demands of the undersigned against the contractor arising out of or pertaining to the above referenced
project. If partial,all rights and claims on the project are released up to and including the I I day of
BueuST, 1994.
Dated this I 1 day of AO( L)ST ,1994.
FIRM S444:ll& PLum RInlG $ \- EATI_NCY
Name of fii nnnor person giving release
BY K c,<.44,4„) 6 -/7 Sy
1 Date
WITNESS ..(1.11 ( 0111
DATE a /1119`/
2402075 B-1454 P-1002 08/11/94 04:38P PG 1 OF 1 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
Ake 41121:1713 LIEN WAIVER RELEASE
TO: Sykes Realty Inc (hereinafter referred to as "the Owner".)
FROM: Landmark Builders of Greeley, Inc.
PROJECT: Sykes Customer Support Center 1515 N 1 lth Ave, Greeley,Colorado
I. The undersigned does hereby release all Mechanic's Liens Rights,Miller Act Claim(40 USCA), Stop Notice,
Equitable Liens and Labor and Material Bond Rights resulting from labor and/or materials,subcontract work,
equipment or other work, rents, service or supplies heretofore,alteration,additions to or repair of the above
described project.
2. It is acknowledged that other adequate consideration has been received by the undersigned for this release.
3. In further consideration of the payment made or to be made as above set forth,and to induce the contractor to
make said payment,the undersigned agrees to defend and hold harmless the owner, contractor and/or lender,
and/or the principal and surety form any claim or claims hereinafter made by the undersigned and/or its material
suppliers, subcontractors or employees, servants,agents or assigns of such persons against the project. The
undersigned agrees to indemnify or reimburse all persons so relying upon this release for any and all sums,
including attorney's fees and costs,which may be incurred as the result of any such claims.
4. It is acknowledge that the designation of the above project constitutes an adequate description of the property
and improvements for which the undersigned has received consideration for this release.
5. It is further warranted and represented that all such claims against the undersigned or the undersigned's
subcontractors and/or material suppliers have been paid or that arrangements, satisfactory to the owner and
contractor,have been made for such payments.
6. It is acknowledged that this release is for the benefit of and may be relied upon by the owner,the contractor,
and construction lender and the principal and surety on any labor and material bond for the project.
7. In addition to the foregoing ,this instrument shall constitute a full, final and complete release of all rights,
claims and demands of the undersigned against the contractor arising out of or pertaining to the above referenced
project. If partial,all rights and claims on the project are released up to and including the 11 day of
August , 1994.
Dated this 11 day of August ,I994.
FIRM ®-n/,QX -0 n /J &/t
Name
of firm or person givin elease
BY ln. �nc0 8-1 1-t 4
PA.D , Date
WITNESS� �/
DATE 5'"///-f
2402076 B-1454 P-1003 08/11/94 04:38P PG 1 OF 1 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
AH24t12077
LIEN RELEASE AND PAYMENT AGREEMENT (3D
THIS AGREEMENT is made between SYKES REALTY BA., INC. ,
( "SYKES" ) , a Florida corporation, and the Board of Commissioners of
the County of Weld, Colorado, (the "County" ) .
For a valuable consideration, the receipt of which is hereby
acknowledged, SYKES does hereby agree to pay, satisfy, and cause to
be released, any and all mechanic 's, materialman's, or other,
similar, liens attaching to, or claimed upon, the real estate
described in the attached Exhibit A, and arising in any fashion
from the construction of a computer support center being
constructed upon such property by SYKES.
Further, SYKES agrees to indemnify, save, and hold County
harmless from any mechanic's, materialman's, or other, similar,
liens, or claims of liens, arising out of such construction, and
which may be claimed against County, or any ownership interest it
may have had in the property, from and including June 30, 1994
through August 11, 1994 . This indemnity extends to all
expenditures reasonably incurred by County in defending itself, or
the subject property, from such claims. Ca)
Cal
SYKES REALTY GO:, INC.
By �
'''h" 'i Pe slcalls'V
ATTEST:
Asst. G rpa 5 max...
STATE OF COLORADO )
ss.
COUNTY OF WELD
"llfie'.J'6pegoing instrument was acknowledged before me this
1It);od-a qt' August, 1994, by John H. Sykes, President, SYKES REALTY,
INC. 4,iieFLORIDA CORPORATION.
ht/Commission Expires Januaryy 10,1895
14y--Commission expires , 19 Witness my hand and
official seal.
a�a
N ary uic(
915 Tenth`-Street
f:\wp51\mike\SYRELIEN.AGR
Greeley, CO 80631
2402077 B-1454 P-1004 08/11/94 04:39P PG L OF 2 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585. 00 feet; thence
South 00°25' 21" West, a distance of 50. 00 feet to the South
right-of-way line of "0" Street, the Northeast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25' 21" West a distance of 245. 20 feet to a
point on a curve to the right having a radius of 395. 00 feet, a
central angle of 46° 39' 03" , an arc distance of 321. 61 feet, the
long chord of which bears South 23° 44 ' 52" West a distance of
312 . 80 feet; thence South 47° 04 ' 24" West, a distance of 19 . 03
feet; thence North 89° 34 ' 39" West, a distance of 332 . 31 feet;
thence North 00° 25' 21" East, a distance of 545. 50 feet to a
point on the South right-of-way line of "0" Street; thence along
said South right-of-way line South 89° 34' 39" East a distance of
470 . 00 feet to the True Point of Beginning.
Said parcel of land contains 5. 594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
Mic ael C. Kette`rli g, E
July 5, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EXHIBIT "A"
2402077 8-1454 P-1004 08/11/94 04:39P PG 2 OF 2
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