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Home My WebLink About982000.tiff RESOLUTION RE: APPROVE CONTRACT TO PURCHASE REAL PROPERTY FROM PUBLIC SERVICE COMPANY OF COLORADO AND AUTHORIZE CHAIR TO SIGN 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, the Board has been presented with a Contract to Purchase Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Public Service Company of Colorado, with terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract to Purchase Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Public Service Company of Colorado be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract, as well as any other necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D., 1998. BOARD OF COUNTY COMMISSIONERS 2L4/ WE COUNTY, COLORADO ATTEST: Constance L. Harbert, Chair Weld County Clerk to tle - _ -- - s C ./f ' W. H. bter, Pro-Tem BY: �o '� Deputy Clerk to the iN � 1 'i J-tx> it rg . Baxter APP AS TO ORM: Da K,K. Ha I ntyA y arbara J. Kirkmeyer 982000 (h F/1 e /) PRO015 rZ'A Welton Properties, Inc. '5th Street Welton Properties, Inc. e1000 Denver,CO 80202 303 571 7707 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCIAL SECTIONS OMITTED] November 02 , I 998 1. PARTIES AND PROPERTY. County of Weld a body politic and incorporate of the State of Colorado 'ouyer(s) [Buyer), (as j6/44/164// /t4t(aris/i / rrp(oSi.) agrees to buy, and the undersigned seller(s) [Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Weld , Colorado, to wit: a parcel of land in the NE 1/4 Section 28, Township 2 North, Range 66 West, 6th PM, -.Mich is generally depicted on the drawing attached as Exhibit A. The final legal description will be determined by a surveyor hired by the Buyer, with the Seller's approval of the final legal description. !enown as No. vacant land Weld County Colorado n/a Street Address\V City State Zip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements :ereon and all attached fixtures thereon,except as herein excluded(collectively the Property). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of •-.is contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire'burglar alarms, .ecurity devices, inside telephone wiring and connecting blocks jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen ipliances, sprinkler systems and controls, built-in vacuum systems (including accessories), and garage door openers including n a remote controls; ;b) if on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, ,creens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (e) a/a d) Water Rights. Purchase price to include the following water rights: :1/a r) Growing Crops. With respect to the growing crops Seller and Buyer agree as follows: _:/a 1.,e above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale, n/a teed or other applicable legal instrument(s) at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section 12. The :ollowing attached fixtures are excluded from this sale: r_/a 3. PURCHASE PRICE AND TERMS. The purchase price shall be $ $2,500 Per acre , payable in U.S. dollars by Buyer as follows. (Complete the applicable terms below.) (a) Earnest Money. 500.00 in the form of check , as earnest money deposit and part payment of the purchase price, .vable to and held by Welton Properties, Inc. ,broker, i its trust account on behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent, if any, a•or before closing. The balance of$ see paragraph 21 (purchase price less earnest money)shall be paid as follows: (b) Cash at Closing. see paragraph 21 , plus closing costs, to be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which .r dude cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check (Good Funds). Subject to the provisions Section 4, if the existing loan balance at the time of closing shall be different from the loan balance in Section 3, the adjustment shall be made Good Funds at closing or paid as follows: a/a (c) New Loan. [OMITTED-INAPPLICABLE] "hi printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7.96) 7353.7.96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED] sa FAST®Forms,'Box 4700, Frisco. CC 80443, Version 5.5,®RealFA$T®, 1998:Reg#CCOCOL223052 Meted by-Robert Holje, Broker Associate,Welton Properties,Inc. 10/06/98 09:11:40 Page 1 of 6 laverts) _ / Seller(s) (d) Assumption, [OMITTED-INAPPLIC _E] (e) Seller or Private Third-Party Financing. [OMITTED-INAPPLICABLE] 4. FINANCING CONDITIONS AND OBLIGATIONS. (OMITTED-INAPPLICABLE] 5. APPRAISAL PROVISION. (Check only one box) This Section 5 ❑ shall ® shall not apply. If this Section 5 applies, as indicated above, Buyer shall have the sole option and election to terminate this contract if the purchase price exceeds -he Property's valuation determined by an appraiser engaged by nit The contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal or written notice of termination and a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price,on or before pecember 17, 1998 _ (Appraisal Deadline). If Seller does not receive such written notice of termination on or before the appraisal deadline,Buyer waives any right to terminate under this section. 6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by Ait 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 8. EVIDENCE OF TTPLE• Seller shall furnish to Buyer, at Seller's expense, either a current commitment for owner's title insurance policy :n an amount equal to the purchase price or at Seller's choice, an abstract of title certified to a current date, on or before November 23, 1998 (Title Deadline). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the iesignated county or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this ection 5, constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts if instruments listed in the schedule of exceptions no later than 7 calendar days after 'Title Deadline. If Seller furnishes a title insurance commitment, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 9. TITLE. (a) Title Review. Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of unmerchantability of tie or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given "'Seller on or before 7 calendar days after Title Deadline, or within five (5) calendar days after receipt by Buyer of any Title Document(s) r endorsements) adding new Exception(s) to the tide commitment together with a copy of the Title Document adding new Exception(sl to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 8, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third arty(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before November 23, 1998 . If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. (c) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL. LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Seller on ur before the date set forth in subsection 9 (b), this contract shall then terminate. If Seller does not receive Buyer's n'nice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above. Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate; provided, however, Buyer may,by written notice received by Seller,on or before closing,waive objection to said unsatisfactory title condition(s). 10. INSPECTION. Seller agrees to provide Buyer on or before November 23, 1998 , with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee, shall have the right to have inspection(s) of the it ysical condition of the Property and Inclusions, at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of Sayer, is not received by Seller on or before December 02, 1998 (Objection Deadline), the physical condition of the Property and I_._lusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before November 23, 1998 _ (Resolution Deadline), this contract shall t'minate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving iection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a resuit of .oh inspection. ire printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96) ;BS3-7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED] tFA$T®Forms.Box 4700, Frisco.CO 80443, Version 5.5.©RealFA$T®, 1998;Rey/CCOCOL223052 noleted by-Robert Holle, Broker Associate,Welton Propertes, Inc. er(s) Seller(s) 10/06/98 09:11:40 Page 2 of 6 11. DATE OF CLOSING. The date of musing shall be see paraaraoh 21. , or by mutual agreement at an earlier date. The hour and place of closing shall be designated by mutual acreement of the Buyer and Seller 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient /special warranty deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except B/a Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b),(iv)inclusion of the Property within any special taxing district,(v)subject to building and zoning regulations. 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to he paid at closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed S 150.00 and shall be paid at closing by yhared equally by both Buyer and Seller .The local transfer tax of __IA. % of the purchase price shall be paid at closing by n/a . Any sales and use tax that may accrue because of this transaction shall he paid when due by n/a 15. PRORATIONS• General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges,owner's association dues,and interest on continuing loan(s),if any,and n/a shall be prorated to date of closing. 16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows: upon delivery of the deed subject to the following lease(s)or tenancy(s): n/a If Seller, after closing, fails to deliver possession on the date herein specified. Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of$ n/a per day from the date of agreed possession until possession is delivered.. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be deiivered in the condition existing as of the date of this contract, ordinary wear and tear excepted_ In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall he obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage. Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this contrac''. and the date of closing or the date of possession, whichever shall he earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality. or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. The rlsk of :oss for any damage to growing crops. by fire or other casualty, shall be home by the party entitled to the growing crops, if any, as provided in Section n and such party shall he entitled to such insurance proceeds or benefits for the growing crops,if any. 18. TIME OF ESSENCE/REMEDIES. 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 tende-ed when due, or if any other obligation hereunder is not performed or waived as herein provided. there shall be the following remedies: (a) IF BUYER IS IN DEFAULT: (Check one box only.) ❑(1) Specific Performance. Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. ®(2) Liquidated Damages All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDA TED DAMAGES and (except as provided in subsection (c)) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses. including attorney fees. 19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by broker or closing agent, unless mutual written instructions are received by the holder of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's :.e printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96) GBS3.7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (FINANCING SECTIONS OMITTED] aFA$T®Forms.Box 4700, Frisco, CO 80443, Version 5.5,ORealFA$T®,1998, Reg#CCOCOL223052 apleted by-Robert Holie.Broker Associate,Welton Properties,Inc. 10/06/98 09:11:40 Page 3 of 6 aer(s) Seller(s) • 42,5".ACCO or closing agent's option and sole discretion, terplead all parties and deposit any moneys rigs of value into a court of competent urisdiction and shall recover court costs and reasonable attorney fees. 20. ALTERNATIVE DISPUTE RESOLUTION:MEDIATION. If a dispute arises relating to this contract, and is not resolved, the parties and broker(s) involved in such dispute (Disputants) shall first proceed in good faith to submit the matter to mediation. The Disputants will -cintly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days from the date written notice requuesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise - agreed,shall terminate. This section shall not alter any date in this contract,unless otherwise agreed. 21. ADDITIONAL PROVISIONS: (The language of these additional provisions has not been approved by the Colorado Real Estate Commission). a. Sales Price, Legal Description. The sales price of $2,500.00 per acre is based on comparable sales information supplied by Weld County. The actual acreage to be conveyed shall be determined by a licensed surveyor, who will also create a new legal description. The surveyor's services will be paid for by the Buyer. The Seller shall have ultimate approval of the newly created legal description. b. Responsiblity - Planning, Zoning & Subdivision. Buyer will assume responsibility for any payments, requirements and actions which may be required under any applicable planning, zoning or subdivision law. c. Access Lioness. Seller will additionally grant to the Buyer an access license granting the right to cross Sellers transmission right-of-way. Seller will charge an additonal license fee of $500.00. d. "As-Is, Where-Is." Buyer agrees that it is purchasing the Property on an "As-Is, Where-Is" basis with no warranties of any kind, express or implied, either oral or written, made by Seller or any agent or representative of Seller with respect to the physical or structural condition of the Property or with respect to the existence or absence of petroleum or hazardous substances in, on, under, or affecting the Property or with respect to the compliance of the Property or its operation with any laws, ordinances, or regulations of any government or other body. Buyer acknowledges and agrees that Seller has not made and does not make any representations, warranties, or covenants of any kind or character whatsoever, whether express or implied, with respect to habitability, tenantability, or suitability for commercial purposes, merchantability, or fitness of the Property for a particular purpose, all of which warranties Seller hereby expressly disclaims. Buyer expressly assumes at closing all environmental and other liabilities with respect to the Property and releases and indemnifies Seller from same, whether such liability is imposed by statute or derived from common law including, but not limited to, liabilities arising under the comprehensive Environmental Response, Compensation, and Liability Act,. Solid Waste Disposal Act, Resource Conservation Recovery Act, Federal Water Pollution Control Act, all as amended, and comparable state laws, rules, or regulations. The foregoing assumption and release shall survive. closing. All statements of fact or disclosures, if any, made in this agreement or in connection with this agreement, do not constitute warranties or representations of any nature. This section shall survive delivery of the deed at closing. a. Corporate Indenture. This contract is expressly contingent upon the Seller obtaining a release of the property from the Seller's corporate indenture not later than 90 days from the date of this contract. Seller shall apply for a release of the troperty from the Seller's corporate indenture within fourteen (14) days after all contingencies in the contract have been satisfied or removed. In the event Seller does not obtain a release of the property, for any reason, then this contract shall be null and void and of no further force- or effect and all parties shall be relieved of all obligations hereunder, subject to Paragraph 19 relating to earnest money. In the event Seller obtains a release of the property, then closing shall be scheduled within ten (10) days of receipt of said release of corporate indenture. f. Property Taxes. Seller pays taxes under "unit assessment". As such, proration of taxes is not possible. Seller shall be responsible for taxes until the date of closing. After closing, the property will be transferred to the County property tax rolls and the Buyer will be responsible for payment of the taxes from the date of the printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3.7.96) 'BS3-7-96, VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED] eai'A$T®Forms, Box 4700,Frisco,CO 80443, Version 5.5,ORealFA$T®, 1998:Reg#CCOCOL223052 - ;.T,pteted by-Robert Holle, Broker Associate,Welton Properties, Inc. 10/06/98 09:11:40 Page 4 of 6 3uyer(s) Seller(s) c'_osiug. g. NOT Approved. These Additional Provisions have not been approved by the Colorado Real Estate Commission. They were prepared by legal counsel for use by Public Service Company of Colorado. h. N/A. When used in this contract ^a/a" should be interpreted as not applicable. 22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 23. TERMINATION• In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to Section 19. 24. SELLING COMPANY BROKER RELATIONSHIP. The selling broker, Welton Properties, Inc. and its salespersons have been engaged as Seller's agent Selling Company has previously disclosed in writing to the Buyer that different relationships are available which include buyer agency, seller agency. subagency,or transaction-broker. 25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer, or, if this box is checked ❑ when received by Selling Company. 26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company. 27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties,or enforceable unless made in writing and signed by the parties. 28. ENTIRE AGREEMENT- This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto,whether oral or written,have been merged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before November 02, 1998 (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete :ontract between the parties. County of Weld • a body politic and incorporate of the State of Colorado 933 N. 11th Avenue, Greeley, CO 80631 • Bus. 970 356-4000 ext 375 Fax #:/ 970 352-2868 BUYER I .�J 4.fi/.,K DATE 10/14/98 By: Constance L. Harbert, Chair, Board of County Commisioners of the County of Weld Public Service Company of Colorado a Colorado corporation P O Box 840, Denver, CO 80201-0840 Bus.#: 30.4� `5 117 840 Fax #: 303 571-7880 SELLER —pk�t+ > DATE af,• / v By: Robert W. Yeager, Manager Real Estate The undersigned Broker(s) acknowledges receipt of the earnest money deposit specified in Section 3, and Selling Company confirms its Broker Relationship as set forth in Section 24. Selling Company: a printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7.96) 353.7.96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED] kin.PAST®Forms.Box 4700,Frisco,CO 80443. Version 5.5,©RealFA$T®,1998;Reg#CCOCOL223052 . •pleted by-Robert Holje,Broker Associate.Welton Properties,Inc. 10/08/98 09:11:40 Page 5 of 8 Welton Properties, Inc. 550 15th St. , Suite 1000 Denver, Colorado 80202 Phone: 303-571-7841, Fax: 303-571-7880 By: Signature Robert Holje Date Listing Company n/a By Signature Date g/a Address City State Zip ?'tone n/a Fax n/a Note: Closing Instructions should be signed at the time this contract is signed. • -he°rioted portions of this form have been approved by the Colorado Real Estate Commission.(C853.7-96) C S3.7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED] RereFA$T®Forms,Box 4700, Frisco.CO 80443, Version 5.5,®ReaIFA$T®, 1998;Reg#CCOCOL223052 ;.rnpleted by-Robert Holje, Broker Associate,Welton Properties,Inc. Page 8 of 6 10/06/98 09:11:40 Seller(s) Guyer(s) 957:;(1a) 1 I I I I 1 I I M N _m 0 Z 0 i Q H Z 't O I 0 2 I W H I ZILI - U X J CC O N -. __ _________ 7 1 I t z mm N.T NI nl m0 N- pp uNN M ,l£,9S°6B N N N • — — ---- — m N N CO N O a 1Y N iw cy r P P¢ Z 4 N W A z OOF6 H K _n. Jay U wm s v ' o mm sC "V m to O °Q N ro ` '►. `�... C • \0 u • '1 m u GG ,-°�r a r' 9h06� tie\ r°�°r: w dA ro'd 'sea,iss- QC' '' O �� 4-2),,\ pi),s ° dr.e°A CO N D. Fop cs"dd;. �P^e0y dr '' Chi to °d>`z p N ilU 1Z I'�� .. IC) yj. l'4 t' P e -;1): s K) ' d\d`a P°j h') Q)t GA.\dr`e IN TO:I - orPs 0 dT°d 2r r 3 N - r e PI r. -N \ su 8V p d° r In o u l 00 ge l u 2 u Y • o � �M" M ..5SZS 68 s i XIS 4.14€:::,: i::::::.: ;)11.4:24:• ictm_ ... - z ¢q� yyb V - 1 REAL ESTATE TAX AGREEMENT Escrow No. : 8048723 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: Vacant Land Weld County, Colorado that taxes for the current year have been adjusted as of this date as follows: BASIS FOR PRORATION Taxes have been prorated on the basis of the previous year's taxes in the amount of NONE. AGREEMENT FOR READJUSTMENT The above tax proration is considered to be final settlement. ASSESSMENTS It is further understood and agreed between the purchasers and the sellers that: Special improvements now in are paid in full. OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE. THE INFORMATION ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S/TREASURER'S OFFICE AND/OR APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSNATION TITLE INSURANCE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY RELEASE TRANSNATION TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED. APPROVED AND ACCEPTED: Purchaser(s) Seller(s) County of Weld, a body politic and Public Service Company of Colorado. a corporate of the State of Colorado Color orporation BY ( / _ BY �1 C N�Ae/ntie ,. r. 2ki BYBY Name/n i e / me i e This agreement executed this 28th day of January. 2000. ESCROW NO. : 8048723 TOTAL P.03 SAN 27 '00 09:04 970 352 2312 PPGE.03 TRAN9NATION TITLE INSURANCE COMPANY A Reliance Group Holdings Company CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. To: TRANSNATION TITLE RE: Vacant Lard INSURANCE COMPANY weld County, Colorado 1. Public Service Company of Colorado, a Colorado Corporation (SELLER) and County of Weld, a body politic and corporate of the State of Colorado (PURCHASER) engage TRANSNATION TITLE INSURANCE CO. (CLOSING AGENT), who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of Weld and State of Colorado, to wit: A parcel of Land in the NE4 of 28.2-66, Lot A, RE2375 also known as: Vacant Lard, Weld County, Colorado 2. Closing Agent is authorized to obtain information and agrees to prepare, obtain deliver and record alt documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated November 2, 1998, with ALL amendments end counterproposals attached (Contract), and made part of this document. 3. Legal documents will be prepared by Closing Agent at the expense of Buyer and Seller. 4. Closing Agent wilt receive a fee not to exceed$150.00 for providing these Closing end settlement services To be the expense of equally between the parties. 5. Closing Agent is authorized to receive funds and to disburse funds when all funds received are either:avai table for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of financial institution in which the funds ere to be deposited or a financial institution upon which the funds are to be drawn("Good Funds"). 6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in paragraphs 12 and 13. T. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to Purchaser and Setter by Closing Agent or Agent or Purchaser's lender on or before closing. 8. Seller will receive the net proceeds of closing es indicated: IX) Closing Agent's Trust Account Check, C ) Cashier's Check at Seller's expense, I ) Funds electronically transferred (wire transfer) to an account specified by the Seller, at Setter's expense. 9. Purchaser end Seller will furnish any additional information and documents required by Closing Agent which will be necessary to complete this transaction. and Purchaser and seller further agrees to sign and complete all and customary required documents at closing to fulfill the Contract. 10. Closing Agent will prepare and deliver an accurate, complete end detailed closing statement to Purchaser end Seller at time of closing. 11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before closing to disburse Good Funds. 12. The Closing Agent is to comply with the instructions of the Purchaser's Lender regarding the payment of all reel property taxes end special assessments, despite any provision in these printed Closing Instructions or the Sale and Purchase Agreement to the contrary. The parties agree to, and do hereby, hold closing Agent and the title insurance company harmless regarding said real property taxes and epeeist assessments paid or to be paid by others. 13. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty. responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Purchaser, shall be voided by Closing Agent, with the originel(a) returned to Purchaser and copy to Purchaser's lender. 14. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies, documents, end things of value received from any party except Purchaser's lender, Closing Agent shall retain such items until (1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and seller shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its sole discretion, commence a civil action to interpleed, or interplead in any existing civil action, any documents, monies or other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsibility end Closing Agent shall be entitled to all court coats and reasonable attorneys' fees. 15. These closing instructions may only be amended or terminated by written Instructions signed by Purchaser, Seller and Closing Agent. 16. special Instructions: APPROVED AND ACCEPTED Seller(s) Purchaser(s) Closing Agent Public servi company o1 Colorado, a County of Weld, e body politic end ' By: Kelly L. Belden 01/28/00 Colorado C aeration corporate of the State of ColJoyfdo BT ill ylfL iteg L"{ A-Pate Neme/Ia ILL ,y'�-1,YGrAa' 1 BY me/Title Name/Title . ._j IAN 27 '00 09:04 970 357 2312 PPGE.02 TRANSNATION TITLE INSURANCE COMPANY 1113 Tenth Avenue Greeley, CO 80631 (970) 352-2283 Escrow Officer: Kelly L. Belden Title No. : 8048723 Escrow Officer Date : January 28, 2000 BUYER'S CLOSING STATEMENT Buyer(s): County of Weld, a body politic and Seller(s): Public Service Company of Colorado, a corporate of the State of Colorado Colorado Corporation Property: Vacant Land Weld County, Colorado A parcel of land in the NE4 of 28-2-66, Lot A, RE2375 DEBIT CREDIT Contract Sales Price 810,897.50 Deposits by Buyer 500.00 PRORATIONS LENDER CHARGES: RESERVES TITLE CHARGES REAL ESTATE CLOSING FEE 75.00 TAX CERTIFICATES 15.00 RECORDING FEES, TRANSFER TAXES Warranty Deed 10.00 DOCUMENTARY FEE 1.09 RESOLUTION 10.00 ADDITIONAL CHARGES ***** SUB TOTAL 11,008.59 500.00 RECEIPT DUE FROM BUYER 10,508.59 811,008.59 811,008.59 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. County of Weld, a body politic and Broker corporate of the State of Colorado By: BY /L a Transnation Title Insurance Company - � 2'Z 6 �—_ Name/Ti tle - By: Kelly L. Belden Name/Title _J _J 1111111 11111 111111 111111 1111 1111111111II11111111111111 2746871 01/31/2000 12:12P JA Suki Tsukamoto -1 of 2 R 10.00 D 1.09 Weld County CO 07 When recorded, mail to: PUBLIC SERVICE COMPANY OF COLORADO 550 15°1 Street Suite 1000 Denver, Colorado 80202-4205 Attention: Corporate Real Estate Information This Space Reserved For Recording SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this as'* day of January, 2000, between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, whose address is al); 550 15thStreet, Suite 1000, Denver, Colorado 80202-4205 (hereinafter referred to as "Grantor"), and COUNTY OF WELD, a body politic and corporate of the State of Colorado whose address 1 is P.O. Box 758, Greeley, Colorado 80632 (hereinafter referred to as"Grantee"): WITNESSETH, that the Grantor, for the sum of Ten Thousand Eight Hundred Ninety-seven and 50/100 Dollars ($10,897.50), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements., if any, situated, lying and being in the County of Weld, State of Colorado, described as follows:, Lot A of Recorded Exemption No. 1309-28-1-RE2375, recorded February 18, 1999 as Reception No.2673927, being a part of the SE/4NE/4 and the NE/4SE/4 of Section 28,Township 2 North,Range 66 West of the C'P.M., County of Weld, State of Colorado. Also known by street and number as: (Vacant Land—No Address) TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above-bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person and persons claiming the whole or any part thereof, by, through or under the Grantor. 111111111111111111111111IIII111111 HEM BEM III 2746871 01/31/2000 12:12P JA Suki Tsukamoto 2 of 2 R 10.00 0 1.09 Weld County CO This conveyance is made by Grantor and accepted by Grantee subject to all exceptions, reservations, rights-of-way, easements, restrictions, leases and matters of record. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its Executive Vice President and CFO , and its corporate seal to be hereunto affixed, attested by its Assistant Secretary, the day and year first above written. e ` 9ANYQ, •, PUBLIC SERVICE COMPANY OF a nr•.o o F'`p', COLORAD ,u:o Cv'tos 6; V, 10 A Colors c poration, Cei% most/ dais- (1-e /%Q (.)n7 Its AssistantW.ecretary y: Richard C. Kelly Its: Executive Vice President and CFO STATE OF COLORADO § § SS: CITY OF DENVER AND COUNTY OF DENVER § The fore oing instrument was acknowledged be ore me this j(o day of 000 1449, ,Qe L G • rd2_0� as.,24-.v.42., . VP 4 C •O and Jtn �ni aQ /1� t a.9.c) as Assistant Secretary of Public Service Company of Colorado4 Colorado corporation. Witness my hand and official seal. V Notary Public [I.t. 1 L2 My Commission expires 7 dyj app Hello