HomeMy WebLinkAbout990537.tiff DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax(970) 353-6312
USES BY SPECIAL REVIEW APPLICATION
Application Fee Paid //('Z (Ql Receipt# 92 Z— Date
Recording Fee Paid Receipt# Date
Application Reviewed by:
TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
PARCEL NUMBER: 0 7 0 7 1 0 0 0 0 0 4 2 (12 digit number-found on Tax I.D.
Information or obtained at the Assessor's Office.
Section 10 , T 7 N, R 66 W-Total Acreage 1.73 Zone District AG Overlay Zone_
Property Address (if available) 1 541 5 Col ora do Highway 14. Ault. Colorado 80610
Amendment to uses approved in USR-1191. Additional uses are the
Proposed Use sale of a y agricultural product and repair of agricultural
machinery, equipment, fixtures and other items used in the agricultural industry.
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW
PERMIT
Name: Stanley E. Heinze Address: 15415 Colorado Highway 14
City/State/Zip: Ault, Co 80610Home Telephone: Business Telephone 834-1495
Name: Tnnie S Fahri zi ns Address: 15415 Col oradn Highway 14
City/State/Zip: Ault, Co 80610 Home Telephone: Business Telephone 834-1495
APPLICANT OR AUTHORIZED AGENT(if different than above).
Proposed owner of parcel and Applicant, -
Name: Robert A. Felte and Timothy R. Felte
Address: 6776 Weld County Road 74 City/State/Zip: Windsor, Colorado 80550
Home Telephone: 686-796n Business Telephone: 686-9393
DEPARTMENT OF PLANNING RVICES USE ONLY
Case# �g lnJ Cam'
Floodplain: O Yes /No Geologic Hazard: ❑ Yes S'No
I hereby state that all statements and plans submitted with the application are true and correct to the best of
my kWelt �riunty Planning Dept.
--,(�yG�/tar / ,
Rev: 1-27-97 NOV o 6 1998 Signature: Owner or Authbrized Agent Robert A.
Road File# Fel to
RE:
4"L
Timothy R. F It ! '
5
990537
BREGA & WINTERS P.C. ATTORNEYS AT LAW
November 6 1998
Weio&eu y Hi.04fiNu bait.
HAND DELIVERED
Ms. Julie Chester NOV 0 6 1999
Weld County Planning and Zoning RECEIVED
Bradley D. Laue 1400 N. 17th Avenue
Greeley, CO 80631
(970) 352-4805 RE: Application for Special Review Permit
Dear Julie:
GREELEY Please find enclosed an Application for Special Review Permit, along with
William W. Hughes Bradley D.Laue the documents noted on the County's Special Review Submittal Checklist. The
Pamela A. Shaddock documents concerning the septic system for the property are not included. I
Jerry D.Winters
understand that they have been forwarded to you. Along with this Application is the
DENVER $1,100 application fee. It is my understanding that we do not have to include a$500
James W. Bain
Stuart N.Bennett investigation fee. I have also included copies of the Special Review Plat Map which
Charles F. Brega had been submitted by Stanley Heinze and Louie Fabrizius. You had indicated to me
Robert R. Dormer
Kathleen M. Flynn that this map would be sufficient.
Jennifer S. Fox
'^y B. Howard
t C.Kaufman This letter will confirm that you indicated to me on the phone last week that
S. ott Lasher
Ronald S. Loser it is correct for Robert A. Felte and Timothy R. Felte to submit an Application under
Jack R. Luellen their names, even when they are not presently the owners of the property. I've also
Brian A. Magoon
Loren L.Mall included a copy of the contract with the present owners of the property, Stanley E.
Glenn Merrick
Scott T.Rodgers Heinze and Louie S. Fabrizius. There is an Amendment to the Contract also, and I
Jay John Schnell will provide you with a copy as soon as it is signed. You indicated on the phone that
COUNSEL you would be processing this Application immediately.
Jay W.Enyart
If you have any questions, please don't hesitate to call me.
One Norwest Center
1 700 Lincoln Street
Suite 2222 Sincerely,
Denver, CO 80203
Fax: (303) 861.9109
(303) 866-9400
Bradley D. Lau
BDL/kja
Enclosures
pc: Client(w/copies of enc.)
EXHIBIT
M:\F0670\001\OOILTOOI.BDL ■
United Plaza • 1100 Tenth Street, Suite 402 • P.O. Box 127 •Greeley, Colorado 80632 • Fax (970) 352.6547 • (970) 352-4805
990337
B R E G A & WINTERS P.C. ATTORNEYS AT LAW
November 9, 1998
Bradley D. Laue
(970) 352-4805 HAND DELIVERED
Ms. Julie Chester
Weld County Planning and Zoning
1400 N. 17th Avenue
GREELEY CO 80631
William Greeley,W. Hughes y,
Bradley D.Laue
Pamela A. Shaddock
Jerry D. Winters RE: Application for Special Review Permit
DENVER
James W. Bain Dear Julie:
Stuart N.Bennett
Charles F.Brega
Robert R. Dormer As I stated would be forthcoming in my letter of November 6, 1998, enclosed
Kathleen M.Flynn
Jennifer S. Fox please find ten copies of the Agreement To Amend/Extend Contract between
• ^y B. Howard Stanley E. Heinze and Louie S. Fabrizius, as Sellers, and Seeds Unlimited, a
t C. Kaufman
S .ott Lasher Colorado Limited Liability Company,by Timothy R. Felte, Member, and Robert A.
Ronald S. Loser
Luellen Felte, individually, and Timothy R. Felte, individually, as Buyers.
Jack R. L
Brian A. Magoon
Loren L.Mall
Glenn W. Merrick Please call me if you have any questions.
Scott T.Rodgers
Jay John Schnell
Sincerely,
COUNSEL
Jay W.Enyart
One Norwest Center
1700 Lincoln Street Bradley D. La e
Suite 2222
Denver. CO 80203
Fax: (303)861-9109(303) 866-9400 BDL/kja Ce t
Enclosures GO`lfik�)A\ �C\��
4.46
pc: Clients (w/o copies of enc.) O qw
Mi80670\001\OO1 LT004.JDW '40
United Plaza• 1100 Tenth Street, Suite 402 • P.O. Box 127 •Greeley, Colorado 80632 • Fax (970) 352-6547 • (970).352-4805
4f 062/)4-A-7
USE BY SPECIAL REVIEW QUESTIONNAIRE
This application is for a modification of an existing USR. This explanation to the
questionnaire will try to describe the historic use of the property and the use approved pursuant to
Special Use Permit No. 1191 (USR 1191) and the Modification of USR 1191 that the Applicant is
requesting.
1. The existing facility on the subject property was constructed in the early 1970s. The
use has been for farm machinery storage and seasonal storage and processing of onions. An office
with a half bath has also been a part of the facility. A farm scale has also been on the property for
most of the time since the construction of the building. A USR was also recorded in December 1986
by Harold Tateyama and Sons, the former owner.
USR 1191 was granted the present owners, Stanley E. Heine and Louie S.Fabrizius,
to manufacture and assemble weed burners and farm crop sprayers and to store, repair, and sell farm
machinery in the A (Agricultural Zone) District on the property. The Applicant is requesting that
several permitted uses be added to the uses already allowed under USR 1191. The use that
Applicant is requesting be added is "the sale of any agricultural product and repair of agricultural
machinery, equipment, fixtures, and other items used in the agricultural industry."
A contract exists between the present owners of the property, Stanley E. Heine and
Louie S. Fabrizius, to sell the property to Robert A. Felte and Timothy R. Felte, who are the
Applicants ("Applicant"). The Applicant will then lease the property to Seeds Unlimited, L.L.C.
("Seeds"). The Applicant's lease expires on March 1, 1999 on a building in Ault that it has used to
conduct the business it is proposing to use in this facility. The Applicant desires to purchase a
building for its business to conduct the uses already approved under USR 1191 and for the requested
uses pursuant to this Application. It will be able to terminate its lease before the March 1, 1999 date
by giving 60 days' notice to its landlord. The Applicant will operate the facility on or after the date
of closing of the purchase of the facility in the same manner that it has operated its business in Ault.
The majority of its business is comprised of the sale of agricultural products, including the sale of
seeds and the business of seed production, processing, storage, mixing, and blending of seed.
Applicant will also be selling agricultural-related products, such as batteries for farm machinery and
doing repair on and storing of farm machinery. Its business falls under 31-4; "Uses by Special
Review in Agricultural District." Specifically, Applicant's business falls under the uses described
in 31.4.2 (farm equipment sales, repair, and installation facilities) and(seed production, processing,
storage, mixing, blending and sales). The building for the business is also allowed under 31.3.1.
(structures for storage of equipment) and 31.3.5 (office incidental to the operation of the uses). A
sign may also be erected that would comply with the provisions of Section 42. Also, Applicant will
operate under 31.4.18, allowing an accessory use, i.e. truck loading dock and/or truck scale.
Hazardous waste will not occur nor be stored on the property.
All set-back requirements are currently in compliance with Weld County Regulations.
990.637
2. Applicant's Application is consistent with the intent of the Weld County
Comprehensive Plan. The facility and its use do not adversely impact the agricultural district by
uncontrolled or undirected industrial use. The requested modified use will conduct activities (sales
and service)pertinent to agricultural production. Farm equipment and the repair and storage of farm
equipment and seed production and the sale of seeds and the processing, storage, mixing, and
blending of seed is an integral part of agricultural production. The activity is similar to the historic
activity for this facility, i.e. farm machinery storage and repair, onion storage and processing, and
related office activity.
The subject property was taken out of crop production in the early 1970s and has been
used for crop and machinery storage, equipment repair, and crop processing since that time. The
farm machinery storage and repair and the sale of farm products, such as batteries, will be a small
part of Applicant's business, and the sale of agricultural seed will be the majority of the business
conducted on the property. The County's goal to promote the development of commercial and
industrial use that is directly dependent upon the agricultural industry describes the intended
modifications to USR 1191 requested by Applicant.
The property is less than one and one-half miles west of Ault, a small agricultural
community. The historic access is very easily seen for over a mile either east or west and is located
adjacent to Highway 14. These accesses are in compliance with the policies and regulations of the
Ag Zone District. There will be no change in the access. No additional cost will be incurred by the
public, governments, or neighbors. A residential structure is not contemplated in this Application.
3. This Application is consistent with the intent of the Weld County Zoning Ordinance
and the Agricultural District. Since the early 1970s, this facility has been in use for storage,
processing and sale of vegetable crops as described in 31.2.4. and 5. and under USR ] 191 has been
used for the manufacture and assembly of agricultural weed burners and farm crop sprayers and to
store, repair, and sell farm machinery. This facility has also been used as an accessory use in the A
District for storage of equipment and agricultural products described in 31.3.1 and incidental office
use described in 31.3.5. The Use by Special Review granted back in December 1986 is described
in 31.4.2. (agricultural service, sorting, grading and packing vegetables).
No new buildings are contemplated to be constructed.
As noted above, the uses allowed under USR 1191 are being requested by the
Applicant to be allowed to be continued with the addition of seed production, processing, storage,
mixing, blending and sales under 31.4.2., plus the additional sale of any agricultural product
pursuant to 31.4.2. (grain and feed sales) and any accessory use to those uses under 31.4.18.
The sale of any agricultural product and the sale and repair of agricultural machinery,
equipment, fixtures and other items used in the agricultural industry will take place entirely within
the building or on the property.
2
9905&7
4. The land adjacent to the north, west, east, and south is irrigated farm land with rural
residences and various size and degree of farm shops. All uses are in the Agricultural District.
Across the road to the southwest is an onion storage facility with two residences, owned by the
previous owner of the subject property. Adjacent farmland is owned by the City of Thornton.
Crop and machinery"farm shop" sheds are very common for this Ag Zone area. They serve
many uses from the storage of machinery or crops to farm repair, maintenance, construction, even
miscellaneous manufacturing or fabricating of farm equipment.
5. a. In addition to the two owners, two to ten people will periodically use this
facility.
b. It is estimated that two of the three owners of Seeds, who are also the
Applicant, will be present at the outset and possibly up to ten employees, ten
to fifteen years in the future.
c. Hours of operation shall be 7:00 a.m. to 7:00 p.m., with 7:00 a.m. to 5:00
p.m. being common.
d. There shall be no additional buildings constructed.
e. No animals shall be on the site except for occasional pets and/or a couple of
cats to keep the mice population in check.
f. Normal automobile traffic by employees and customers of Seed's business
will access the property. An occasional semi-tractor with trailer shall bring
materials to the property. Initially, the two owners of Seeds will ingress,
park, and egress numerous times per day. Ultimately, the semi-tractors with
trailers may increase to five to ten times per month. Other delivery trucks,
i.e. UPS and general supplies, may happen from one to five times per day.
g. The Ault Rural Fire Department provides fire protection to the subject
property. The subject property is only one and one-half miles from the fire
department.
h. North Weld County Water District historically provided domestic water to
the subject property. This shall continue. The Applicant is splitting the cost
of a separate tap for the property with the present property owners. That
separate tap will be in place before Applicant purchases the property. There
is no irrigation and no need for any irrigation.
i. There is an existing operating individual sewage disposal system on the
property, and it will continue to be used for the one bathroom. As a portion
3
99063
of the resolution approving USR 1191,the resolution required that the septic
structure must be permitted, and prior to that permitting, the septic system
was to be reviewed by a Colorado-registered professional engineer. The
resolution required that,in the event the system was found to be inadequately
sized or constructed, the system be brought under compliance with current
regulations. The present owners of the property are endeavoring to comply
with this requirement. Applicant is requiring that the present owners of the
property bring the system in compliance with current regulations before
Applicant purchases the property. It is Applicant's understanding that a
report from the Health Department has been submitted to the Planning
Department.
j. The existing storage and processing shed has been on the property since the
early 1970s. It will continue to be used to store and sell seeds, repair of
machinery, and do all other functions in compliance with and allowed by
USR 1191 and the modification of that permit as requested hereunder.
6. Similar to the requirements in regard to the septic system, the September 30, 1998
Resolution required that the present owners of the property submit to the Department of Planning
Services for review and approval a detailed landscape/screening plan. The present owners of the
property have indicated to the Applicant that the plan has been submitted to the Planning
Department. Applicant has made its obligation to close the purchase of the property contingent on
the submission of a landscape/screening plan to the County by the present property owners.
7. Upon completion of the proposed use,machinery and equipment and any agricultrual
products which were sold from the building will be removed. Any incidental termination debris will
be removed. In the event of any soil contamination, it shall be treated and brought back to normal
standards, although that contamination is not anticipated.
8. Similar to the resolution requirements in regards to the septic system and the
landscape/screening plan, the present owners of the property are being required by the County to
submit a storm water drainage plan to the Department of Public Works for review and approval.
Applicant has indicated to the present owners of the property that it will not close the purchase of
the property until that storm water drainage plan is approved by the Public Works Department of the
County.
9. This site requires no construction. There may be minor remodeling of the interior of
the building on the property so Applicant can conduct his business on the property.
10. Waste will be located in a dumpster-type of vessel outside at the northwest corner of
the existing large building. There will be some outside storage of agricultural products Applicant
may loan or sell to customers and farm machinery which may be sold on consignment. There will
not be outside storage of seeds that Applicant may sell. Flammable material will not be stored in
the building on the property.
Mi\F0670\001\001 M5001.BDL
4 92,03-3 7
ADDENDUM
THIS ADDENDUM adds to, modifies, amends, and clarifies the printed Commercial
Contract to Buy and Sell Real Estate, to which it is attached, between Seeds Unlimited, a colorado I X
limited liability company, as buyer ("Buyer"), and Stanley E. Heinze and Louie S. F{azius, as ll�
sellers ("Seller"), and any inconsistency between the Addendum and printed contract shall be
governed by this Addendum. {�
1. The purchase price is$225,000.00. Buyer has paid$7,000.00 to North Weld County
Water District for the water tap, which sum of$7,000.00 is deemed earnest money and subject to
the provisions of paragraph 7. hereafter. After giving Buyer credit for one-half of the $7,000.00
earnest money, or$3,500.00, as provided in paragraph 7. below, the balance of$221,500.00, subject
to adjustments and prorations, is payable at closing.
2. This contract is contingent upon Buyer obtaining a loan in an amount and upon terms
and conditions satisfactory to Buyer, in Buyer's sole discretion, on or before closing. If such loan
is not so obtained by closing, then Buyer may terminate this contract, and Buyer's earnest money
of$7,000.00 shall be returned to Buyer.
3. This contract is contingent upon Buyer's obtaining a Use by Special Review Permit
from Weld County on or before closing to use the property for the sale of agricultural products and
the repair of agricultural equipment, machinery, fixtures and other items used in the agricultural
industry. If such permit is not obtained on or before closing, Buyer may terminate this contract, and
Buyer's earnest money of$7,000.00 shall be returned to Buyer.
4. Buyer's obligation to close under this contract is contingent upon obtaining an access
permit from Weld County and the Colorado Department of Transportation for the uses described in
paragraph 2 of this Addendum.
5. This contract is contingent upon obtaining approval by Weld County to use a septic
tank and leach field for sewer purposes on or before closing. If such approval is not obtained on or
before closing, then Buyer may terminate this contract, and Buyer's earnest money of$7,000.00
shall be returned to Buyer.
6. This contract is conditioned upon obtaining landscaping approval from Weld County
on or before closing. If such approval is not obtained on or before closing, Buyer may terminate this
contract, and Buyer's earnest money of$7,000.00 shall be returned to Buyer.
7. The parties acknowledge that Buyer has paid$7,000 to the North Weld County Water
District in order to purchase a separate water tap. This contract is conditioned upon obtaining this
water tap on or before closing. If such water tap is not obtained on or before closing, Buyer may
terminate this contract. The parties agree to share the cost of this water tap. If this contract closes,
then Buyer will be given credit of$3,500 towards the purchase price. If this contract does not close,
7 99os31 � '>�
Seller will pay Buyer$7,000 within ten (10)days after the contract is terminated. Seller will install
the water line from the tap to the building at Seller's expense.
8. The property has a steel building and office located upon it. Seller agrees to re-roof
the office and install a new drain downspout by the office on or before closing at Seller's expense.
9. Seller will, at Seller's expense, repair the electric overhead door so that it is in good
working order on or before closing.
10. Seller warrants that there are three(3)different tenants who each rent a small portion
of the north end of the building, who are as foll s:
rAQrrxiv5
a. John Embus lease small portion under an oral month-to-month tenancy
for the rental sum of$300.00 per month. The rent is payable on the first day of each month,
and the month-to-month tenancy runs from the first day of each month to the last day of the
month. Js TY
b. Paul Pope EntwiS Males a small portion under an oral month-to-month
tenancy for the rental sum of.$ O per month. The rent is payable on the first day of each
month, and the month-to-month tenancy runs from the first day of each month until the last
day of the month.
c. Jeff Pope and Jim Pope lease a small portion under an oral month-to-month
tenancy for a rental sum of$266.00 per month. The rent is payable on the first day of each
month, and the month-to-month tenancy runs from the first day of each month until the last
day of the month.
Seller warrants that there are no written leases with the aforementioned three tenants and that
all are leasing under oral month-to-month tenancies which can be terminated upon ten (10) days'
written notice prior to the end of the monthly tenancy.
BUYER: SELLER:
SEEDS UNLIMITED,
a Colorado limited liability company
�
STANLEY E. HEINZE
By ]� V2-, 7r
Timoth�te, Member
D
OUIE S.Toliateffrff8S ✓
FAt3��S
M:\F0670\001\001 AD001.JO W
99o37
•
•
•
. - . - Brega & Winters P.C. r�I.-icy
Attorneys At Law /
United Plaza
1100 Tenth Street Suite 402
Greeley, Colorado 80631
Phone: (970) 352-4805, Fax: (970) 352-6547
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND TIIE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTIIER COUNSEL BEFORE SIGNING.
COMMERCIAL
CONTRACT TO BUY AND SELL REAL ESTATE
[NEW LOAN[
October d d , 1998
1. PARTIES AND PROPERTY.
Seeds Unlimited, a Colorado limited liability company
buyer(s) [Buyer], (asjoifliet(aiiA /tga4il‘h/do4 4hI) agrees to buy, and the undersigned sellers) [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:
Lot A of Recorded Exemption No. 0702-10-3-RE902 recorded September 3, 1986 in Book
1126 as Reception No. 02067980, being a part of the Southwest 1/4 of Section 10,
Township 7 North, Range 66 West of the 6th P.M. ,
County of Weld, State of Colorado, containing two (2) acres, more or less.
knownasNo. 15415 Colorado Hiahwav 14 Ault Colorado 80610
Street Address City State Zip
together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all
improvements thereon 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
contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms,
security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen
appliances, sprinkler systems and 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,screens, curtain rods,drapery rods,all keys and (c)
air compressor, propane tank, two office desks, two desk chairs, scale house, scale
The above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale at the closing, free and clear of all taxes,
liens and encumbrances,except as provided in Section 12. The following attached fixtures are excluded from this sale:
none
•
3. PURCHASE PRICE AND TERMS.The purchase price shall be S 225, 000. 00 , payable in U.S. dollars by Buyer as I
follows: (Complete the applicable terms below.)
(a) EarnestMoney
S 7,000.00 in the form of (See Addendum) , as earnest money deposit and part payment of the purchase price, payable
to and held by (See Addendum attached) ,broker,
in its trust account on behalf of both Seller aad Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent,
if any, at or before closing. one—half of
The balance of$ 221.500 .00 (purchase price lesjearnest money)shall be paid as follows:
(b) Cash at Closing
S (See Addendum) , plus closing costs, to be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which
include cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check (Good Funds). Subject to the provisions
of 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
in Good Funds at closing or paid as follows:
(c) New Loan
$ (See Addendum) by Buyer obtaining a new loan,This loan will be secured by a( 1st,2nd,etc.) deed of trust.
The Loan shall be amortized over a period of years at approximately $ per month including principal
',nil interest not to exceed % per annum, plus, if required by Buyer's lender, a monthly deposit of 1/12 of the estimated annual
estate taxes, property insurance premium, and mortgage insurance premium. If the loan is an adjustable interest rate or graduated
payment loan, the monthly payments and interest rate initially shall not exceed the figures set forth above.
Loan discount points, if any,shall be paid to lender at closing and shall not exceed % of the total loan amount. Notwithstanding
the loan's interest rate,the first loan discount points shall be paid by
and the balance, if any, shall be paid by
Buyer shall timely pay a loan origination fee not to exceed %of the loan amount and Buyer's loan costs.
(d) Assumption (OMITTED-INAPPLICABLE]
(c) Seller or Private Third-Party Financing. [OMITTED- INAPPLICABLE]
NANCING CONDITIONS AND OBLIGATIONS.
(a) Loan App lc ' If Buyer is to pay all or part of the purchase price as set forth in 3 by obtaining a new loan or
if an existing loan is not to ased at closing, Buyer, if required by such lender, sh e written application within
calendar days from acceptance of this co u er shall cooperate with Seller n er to obtain loan approval, diligently and timely
pursue same in good faith, execute all documents an I II information ocuments required by the lender, and, subject to Section 3,
timely pay the costs of obtaining such loan or lender consent.
(h) Loan Approval. If Buyer is to pay all or part purchase price by o new loan as specified in Section 3, this contract
conditional upon lender's approval of the new I or before
.ot so approved by said date, this contr terminate.
(c) Existing Loan Revie TED-INAPPLICABLE]
(d) Assum - alance- [OMITTED- INAPPLICABLE]
redit Information. [OMITTED- INAPPLICABLE)
5. APPRAISAL PROVISION. (Check one box only.)This Section 5 O shall O shall not apply.
The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS-2-7-96)
CBSZ-7.96. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN]
ReatFAST®Forms.Box 4700,Frisco,CO 80443, Version 5.5.OReaIFAST®. 1998:Reg"CC000L223897
Complete b Jerry D.Winters,Attorney at Law,Brega 8 Wnlers P.C.Attorneys At Law
10/22/98 12:56:25 age 1
Buyer(s) /OS j Seller(s)
• If this Section 5 applies; at indicated above, Buyer shall have the sole option and elction to terminate this contract if the purchase price exceeds the
Property's valuation determined by an appraiser engaged by Buyer or Buyer's lender
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 from lender which confirms the Property's valuation is less than the purchase price, on or before closing
(Appraisal deadline). If seller does not receive such written notice of termination on or before the appraisal deadline, Buyer waives any right to terminate
vier this section.
6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by
Buyer
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 TITLE. Seller shall furnish to Buyer, at Seller's expense, 0i0h\)%a current commitment for owner's title insurance policy in an
amount equal to the purchase price ok\t�llee§ )6 lye 1/4 pl,iO(tc\ NeAt(AVereiMa(A,on or before December 01. 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
designated county or counties. The title insurance commitment, together with any copies oknatitliapp of instruments furnished pursuant to this
Section 8, constitute the title documents (Title Documents). Buyer, or Buyer's designee, W ti S lller, in writing, to furnish copies or abstracts
of instruments listed in the schedule of exceptions no later than 3 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
title 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
to Seller on or before 30 calendar days alter Title Deadline, or within five (5) calendar days after receipt by Buyer of any Title Document(s)
or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) 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
party(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 closing . 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.
s) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID
BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON TIIE TAXABLE PROPERTY WITIIIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCII 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 TIIE INABILITY OF SUCII A DISTRICT TO DISCIIARGE SUCII INDEBTEDNESS WITHOUT SUCH AN INCREASE
IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF TIIE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS
OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCII 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 or before the date set forth in subsection 9 (b), this contract shall then terminate. If Seller does not receive Buyer's
notice 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. Buyer or any designee, shall have the right to have inspection(s) of the physical condition of the Property and Inclusions,
at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Seller on or before
March 15. 1999 (Objection Deadline), the physical condition of the Property and Inclusions 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 Closing (Resolution Deadline), this contract shall terminate three calendar days following
the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving objection to any unsatisfactory condition.
Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection.
I I. DATE OF CLOSING. The date of closing shall be April 01. 1999 or by mutual agreement at an earlier
date.The hour and place of closing shall be designated by jnutual agreement of Buyer and Seller and the title co
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 general 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
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
ot; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer in
6__ordance 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. PAYMENTS 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 be 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 $ 150. 00 and shall be paid at closing by
one-half by Buyer and one-half by Seller . The local transfer tax of %of the purchase price shall
be paid at closing by Buyer (documentary fee) . Any sales and use tax that may accrue
because of this transaction shall be paid when due by N/A
15. PROBATIONS. 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
at time of closing
. be prorated to date of closing.
16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows:
The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS-2-7-96)
CBS2-7-96. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN]
RealFASTS Forms,Box 4700,Frisco,CO 80443, Version 5.5,OReaiFASTS,1998;Reg*CCOCOL223897
completed by-Jerry D.Writers,Attorney at Lew,Dregs & Winters P.C.Attorneys At Law / p�
8uyer(s"E 10/22/98 08:23:17 e 2/dY
Seller(s)
5:7
` I
' (See Addendum 'attached hereto. )
subject to the following lease(s)or tenancy(s):
'See Addendum attached hereto. )
If Seller, alter 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$ 100.00 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
delivered 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 be obligated to
j 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 contract and the date of closing or the date of
possession, whichever shall be 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.
15. 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 tendered 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.)
❑(I) 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 LIQUIDATED
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.
.9. 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
i or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent
jurisdiction and shall recover court costs and reasonable attorney fees.
20. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises between the parties 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 jointly 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 requesting 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).
See Addendum attached hereto and made a part hereof.
Buyer's attorney
22. RECOMMENDATION OF LEGAL COUNSEL.
By signing this document, Buyer and Seller acknowledge that the\\S\114\
04341ekl\b\`tfal,INI \l"k\nAkY\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.
214\st"1)l\IN(3,`QolvmAN1onte atom Auiwbo( \hawriNg\b\am\
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ and its salespersons
isAtommthAgom
SetlI MvV akj�cks\ty�kkb\s\VhW\he(\ktitikA`tAVk\4tb' 101)\kliVeckWalAl\sb AVAk�Rilbk\Lk4`i�c+c thlaMierVg1 k\yfilv\kgekA)\
sWA IAk\k�r�C\Nk\b]olc\r\
25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer, o\M\laaaax\a;\c`hac)kaa\'j\\Araa \aaa\by\
Sr"n1k k)Q)V\
i ..o. NOTICE TO SELLER.
Any notice to Seller shall be effective when received by Seller aai\t\n\g\ao\i1/21,14
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 wring>by Buyer and Seller, as
evidenced by their signatures below, and the offering party receives notice of such acceptance on or before October 01d . 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
' contract between the parties.
the printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS-2-7-96)
:BS2-7.96. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN]
lealFAST®Forms,Box 4700,Frisco,CO 80443, Version 5.5.CReatFAST®, 1998;Reg#CCOCOL223897
:ompl_ Jerry D.Winters,Attorney at Law,Braga & Winters P.C.Attorneys At Law
�luyer(s) 10/22/98 0623:17 (.. )4115:,
Seller(s)
O9'6337
tr-1S
•
Seeds Unlimited, a Colorado limited liability company
20b34 Weld ounp
Roa6Q Eat pn, CO 80615 rI
BUYER /IQ_ DATE of2.tbBy: Timothy R Fee, Member 'V1l
t e�
n
SELLER DATE /Q/7Y 92
Stanley E. inze
c/o Stanle E. Heinze, l3Jt& Weld County Road 80, Ault, CO 80610
SELLER „� /�
DATE /tJ -a�_ �3F
aL%f�-d_ tanley E. Heinze, �+a0 Wel County Road 80, Ault, CO 80610
t3N47
undersigned Broker(s) acknowledges receipt of the earnest money deposit specified in section 3, and Ing
Company -• firms its Broker Relationship as set forth in Section 24.
Selling Company
By:
I
Signature
Date
Listing Company
By
Ignature
Address Date
Ph.•
Note: Closing Instructions should be signed at the time this contract is signed.
I
The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS-2-7-96)
..852-7.96. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN)
2ealFAST®Forms,Box 4700,Fdsco,CO 80443, Version 5.5,OReaWFAST®, 1998;Reg#CCOCOL223897
3ompleted by-Jerry D.Wnters,Attorney at Lew,Braga 8 Winters P.C.Attorneys At Law
10/22/98 08:23:17 Page 4 of 4
99G':.‘.)13 .7
•
The printed portions of this form have been approved
by the Colorado Real Estate Commission.(AE4I-I-94)
TI/IS FORM IIAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
AGREEMENT TO AMEND/EXTEND CONTRACT
November 5 19 98
RE:Contract dated October 28 , 19 98 between Seeds Unlimited,
a Colorado T.imitad Liahility Company _,(Buyer)and
Stanley E. Heinze and Louie S. Fabrizius ,(Seller),
relating to the sale and purchase of the following described real estate in the County of Weld
Colorado.
Lot A of Recorded Exemption No. 0702-10-3—RE902 recorded September 3, 1986 in
Book 1126 as Reception No. 02067980, being a part of the Southwest 1/4 of
Section 10, Township 7 North, Range 66 West of the 6th P.M. , County of Weld,
State of Colorado, containing two (2) acres, more or less.
known as No. 15415 Colorado Highway l 4 at I t r l r3 Rnr l n (Property).
Street Address City State Zip
Buyer and Seller hereby agree to amend the aforesaid contract as follows:
I. The date for closing and delivery of deed is changed to , 19
2. The date for furnishing commitment for title insurance policy or abstract of title is changed to
, 19
3. The date for delivering possession of Property is changed to , 19
4. The date for approval of new loan is changed to , 19
5. The date for lender's consent to loan assumption or transfer of Property is changed to
, 19
6. Other dates set forth in said contract shall be changed as follows:
7. Additional amendments:
The Buyers of the property shall be Robert A. Felte and Timothy R. Felte
as tenants in common.
All other terms and conditions of said contract shall remain the same.
Seller Stan ey E. Heinz se Louie S. Fabriz3_u
p
Date of Seller's signature i/LS / _, 19 98 Dat f S Iler's signal re , 19 98
SEEDS UNLIMITED, a Colorado Limited 51 0411
ry i ity Company `Roflert A. elte inrlywidu ly
BBy: //��}y'ri�'�--ss �r .t
uyer T3tnothyr R el e, Mef _ auYe'I Timoth R. Celt indiv' wally
Date of Buyer's signature tj�/' f _, 19 98 Date of Buyer's signature h 0 f/ J , 19 98
No.AE4I-1-94. AGREEMENT TO AMEND/EXTEND CONTRACT !`^ - 3 3T) ��
Bradford Publishing,1743 Wazce St..Denver,CO 80202-(303)292-2500-10-96 (// /q(//)� /
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