HomeMy WebLinkAbout971971.tiffRESOLUTION
RE: DECLARE CERTAIN PROPERTY SURPLUS, APPROVE RIGHT -TO -SELL LISTING
CONTRACT WITH SCOTT REALTY COMPANY AND AUTHORIZE CHAIR 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, State statute and the Weld County Administrative Manual require that all
items disposed of be declared surplus by the Board of County Commissioners, and
WHEREAS, the County has determined that certain property known as the Gowanda
Grader Shed, described in Exhibit "A" which is attached hereto and incorporated herein by
reference, is no longer required for County use, and
WHEREAS, the Board has been presented with an Exclusive Right -to -Sell Listing
Contract between Weld County, Colorado, by and through the Board of County Commissioners,
and Scott Realty Company concerning said property, with terms and conditions being as stated
in said contract, and
WHEREAS, after review, the Board deems it advisable to declare said property as
surplus and 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 property known as the Gowanda Grader Shed, as described in
Exhibit "A", be, and hereby is, declared surplus.
BE IT FURTHER RESOLVED by the Board that the Exclusive Right -to -Sell Listing
Contract between Weld County, Colorado, by and through the Board of County Commissioners,
and Scott Realty Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
971971
dt : d g PR0014
LISTING CONTRACT, SCOTT REALTY COMPANY - GOWANDA GRADER SHED
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of September, A.D., 1997.
BY.
Deputy r to the Board
APPROV ' AS TO FORM:
ounty Att
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL9RAD�
George EBaxter, Chair
Constance L. Herbgrt, Prp-Tem
Dale K. Hall
EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
(AYE)
W. H. Webster
971971
PR0014
Prepared by Douglas W. Wiindsheimer
page 1
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL
BEFORE SIGNING. Compensation charged by real estate brokers is not set by law. Such charges are established by each real estate broker.
DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER
AGENCY, SELLER AGENCY, SUBAGENCY OR TRANSACTION -BROKER
Scott Realty Company
1212 8th Avenue
Greeley, Colorado 80631
(970) 352-1212 (970) 352-1215 (Fax)
® Cr
Raarbra riseneox,uirr,
WELD COUNTY
EXCLUSIVE RIGHT -TO -SELL
LISTING CONTRACT
(RESIDENTIAL)
(SELLER AGENCY)
GREELEY , Colorado
Wednesday, August 27, 1997
Name(s) of Owner(s)
("Seller") hereby irrevocably appoint(s)
SCOTT REALTY COMPANY GREELEY, COLORADO 80631
("Broker") as Seller's exclusive agent for the purposes and under the terms specified herein, and the parties agree:
1. Purpose of Agency. The purpose of this agency contract ("Listing Contract") is to engage the efforts of Broker to accomplish
the sale of the real property legally described as:
21248 PART SE4S W4SW4 SECT !ON2 t TOWNSHJP3N RANGE67 - ABOUT .04 ACRES BEING THAT PART OF THE
SE4SW4SW4 W4 LYING SOUTH AND EAST OF THE PRESENT UPPR RIGHT OF WAY
also known as 8233 HIGHWAY 56 PLATTEVILLE COLORADO 80851
Street Address City State Zip
together with such items of personal property to be conveyed pursuant to Section 8 (collectively, the "Property').
2. Broker's Services. Broker is a limited agent of the Seller and will represent only Seller.
(a) Broker shall promote the interests of the Seller with the utmost good faith, loyalty and fidelity, including, but not limited to:
(1) Seeking a price and terms which are acceptable to the Seller; except that Broker shall not be obligated to seek additional offers to
purchase the Property while the Property is subject to a contract for sale;
(2) Presenting all offers to and from the Seller in a timely manner regardless of whether the Property is subject to a contract for sale;
(3) Disclosing to the Seller adverse material facts actually known by the Broker;
(4) Counseling the Seller as to any material benefits or risks of a transaction actually known by the Broker;
(5) Advising the Seller to obtain expert advice as to material matters about which the Broker knows but the specifics of which are beyond
the expertise of the Broker;
(6) Accounting in a timely manner for all money and property received; and
(7) Informing the Seller that such Seller may be vicariously liable for the acts of such Seller's agent or any subagent when the Broker is
acting within the scope of the agency relationship.
(b) Broker shall not disclose the following information without the informed consent of the Seller:
(1) That the Seller is willing to accept less than the asking price for the Property;
(2) What the motivating factors are for the Seller to sell the Property;
(3) That the Seller will agree to financing terms other than those offered;
(4) Any material information about the Seller unless the disclosure is required by law or failure to disclose such information would
constitute fraud or dishonest dealing; or
(5) Any facts or suspicions regarding circumstances which may psychologically impact or stigmatize any real property pursuant to
Colorado law.
(c) Broker shall disclose to any prospective buyer all adverse material facts actually known by Broker including but not limited to adverse
material facts pertaining to the title to the Property and the physical condition of the Property, any material defects in the Property,
and any environmental hazards affecting the Property which are required by law to be disclosed.
3. Sale. "Sale of the Property' or "Sale" means the voluntary transfer or exchange of any interest in the Property or the voluntary
creation of the right to acquire any interest in the Property (including a contract or lease).
4. Effect of this Listing Contract. By this appointment, Seller agrees to conduct all negotiations for the Sale
of the Property only through Broker, and to refer to Broker all inquiries received in any form from real estate brokers, salespersons,
prospective buyers, tenants or any other source during the time this Listing Contract is in effect. Seller authorizes Broker to disclose any
facts about the Property. In addition, Seller agrees that any Broker compensation which is conditioned upon the Sale of the Property shall be
earned by Broker as set forth herein without any discount or allowance for any efforts made by Seller or by any representative of Seller in
connection with the Sale of the Property.
5. The Listing Period. Broker's authority shall begin Wednesday, August 27, 1997
, and shall continue through Thursday, February 27, 1997 ("Listing Period").
6. Price and Terms. Price: U.S. $70 000.00 Terms:
CASH OR NEW LOAN
Minimum amount of earnest money deposit U.S. $500.00 in the form of PERSONAL CHECK
7. Deposits. Broker is authorized to accept earnest money deposits pursuant to a proposed Sale contract. Broker is authorized
to deliver the earnest money deposit to the closing agent, if any, at or before the closing of the Sale contract.
8. Price to Include. The purchase price intlUdes the following items if owned by Seller (a) if attached to the Property
on the date of the agreement for Sale: 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, built-in vacuum systems ( including accessories), and garage door
openers including ANY _ remote controls; (b) if on the Property whether attached or not on the date of this Listing Contract: storm windows,
storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace
grates, heating stoves, storage sheds, all keys and (c)
- - NONE OTHER - -
The printed portions of this form, except the (ftalle/zed/DWWFERENTIA TED) insertions, have been approved by the Colorado Real Estate Commission(LC10-9.95)
Scott Realty Company
Seller's Initials:
0403 9723415340007
15:34:59 08/27/97 SSE -PRO"' V4.0 01993.1999 Oes,hx. 1-000-795.7759
971971
page 2
Prepared by Douglas W. 1/1findsheimer
Section
The above
and tear
excluded
9.
to Broker
and other
encumbrance
In
All monetary
and buyer
The Property
If the Property
payment
to Broker.
10.
and a policy
11.
preceding
- - NONE
FHA
apportioned
12.
DELIVERY
, subject
13.
(including,
zoning
the Property
Seller agrees
14.
(a) Commission.
(1)
(2)
8. (continued)
described items ("Inclusions") shall be conveyed by Seller to buyer by bill of sale at closing, all In their present condition, ordinary wear
excepted, conveyed free and clear of all taxes, liens and encumbrances unless assumed by buyer. The following attached fixtures are
from the Sale:
--NONE--
Title and Encumbrances. Seller represents to Broker that title to the Property is solely in Seller's name. Seller shall deliver
true copies of all relevant title materials, lease(s) and survey(s) in Seller's possession and shall disclose to Broker all easements, liens
encumbrances, if any, on the Property , of which Seller has knowledge. Seller authorizes the holder of any obligation secured by an
on the Property to disclose to Broker the amount owing on said encumbrance and the terms thereof.
case of Sale, Seller agrees to convey, by a SPECIAL WARRANTY deed, only that title Seller has in the Property.
encumbrances (such as mortgages, deeds of trust, liens, financing statements) shall be paid by Seller and released except as Seller
may otherwise agree. Existing monetary encumbrances are as follows:
--NONE--
is subject to the following leases and tenancies:
-- NONE - -
has been or will be assessed for local improvements installed at the time of signing a Sale contract, Seller will be responsible for
of same unless otherwise agreed. Broker may terminate this Listing Contract upon written notice to Seller that title is not satisfactory
Evidence of Title. Seller agrees to furnish buyer, at Seller's expense, Sis1lec'eo4eetuas= a commitment for,
of, title insurance er-+ + to the Property certified to a current date in the amount specified by any Sale contract.
Prorations. General taxes for the year of closing, based on the taxes for the calendar year Immediately
closing, rents, water and sewer charges, homeowner's association dues, and interest on continuing loan(s), if any, and
OTHER - - shall be prorated to date of closing.
or private mortgage insurance premium O shall ® shall riot be apportioned to the date of closing. Any such amounts shall be
as follows: * * NOT APPLICABLE * *
Possession. Possession of the Property shall be delivered to buyer as follows:
OF DEED
to leases and tenancies as described in Section 9.
Material Defects - Broker Disclosures - Inspection. Seller agrees that any defects of a material nature
but not limited to, structural defects; soil conditions; violations of health, zoning or building laws; nonconforming uses and
variances) actually known by Broker must be disclosed by Broker to any prospective buyer. Seller agrees that any buyer may have
and Inclusions inspected.
to provide buyer with a Seller's Property Disclosure form completed to the best of Seller's current, actual knowledge.
Commission to Broker.
In consideration of the services to be performed by Broker, Seller agrees to pay Broker as follows:
Sale Commission. (i) T _ (%) of the gross sales price in U. S. dollars, or (ii)
* * NOT APPLICABLE * * .
Lease Commission. (i) N/A (%) of the gross rent under the lease in U.S. dollars, or (ii)
**NOT APPLICABLE**
(b) When
(1)
(2)
(3)
with
extensions
earned
contract
(c) When
made
the
by
(d) Lease
the
Earned. Such commission shall be earned upon the happening of any of the following:
Any Sale of the Property within the Listing Period by Seller, by Broker or by any other person;
Broker finding a buyer who is ready, willing and able to complete the transaction as specified herein by Seller; or
Any Sale of the Property within 180 calendar days subsequent to the expiration of the Listing Period ("Holdover Period") to anyone
whom Broker negotiated and whose name was submitted, in writing, to Seller by Broker during the Listing Period (including any
thereof); provided, however, that Seller shall owe no commission to Broker under this subsection (3) if a commission is
by another licensed real estate broker acting pursuant to an exclusive right -to -sell listing contract or an exclusive agency listing
entered into during the Holdover Period.
Applicable and Payable. The commission obligation shall apply to a Sale made during the Listing Period or
during any extension of such original or extended term. The commission described in subsection (a)(1) shall be payable at the time of
closing of the Sale as contemplated by subsection (b)(1) or (b)(3) , or upon fulfillment of subsection (b)(2) where either the offer made
such buyer is defeated by Seller or by the refusal or neglect of Seller to consummate the Sale as agreed upon.
and Lease Option Commissions. If the transaction consists of a lease or a lease and right to purchase the Property,
commission relating to the lease shall be as provided in subsection (a)(2), payable as follows:
* * NOT APPLICABLE * '
15.
or any
16.
(a) Broker
(Check
Limitation on Broker's Compensation. Broker shall not accept compensation from the buyer, the buyers agent,
entity participating in or providing services for the Sale without the written consent of Seller.
Other Brokers, Assistance - Multiple Listing Service.
shell seek assistance from and offer compensation to the following brokers outside of the listing company.
all that apply):
(1) Other Brokers representing Seller ("Subagents").
representing Seller owe duties of utmost good faith, loyalty and fidelity to Seller only. Seller may be vicariously liable
the acts of Subagents when acting In the scope of the agency relationship.)
will offer compensation to Subagents as follows: (i) (%) of the gross sales price in U.S. dollars, or (ii)
(Subagents
for
Broker
__N/A
* * NOT APPLICABLE * *
The printed portions of this form, except the (italiclxed/DIFFERENTIA TED) insertions, have been approved by the Colorado Real Estate Commission(LC10-9-95)
Scott Realty Company
Seller's initials:
15:34:59 08/27/97 SSS-PROm V4.0 0 1993- 1998 Oecinc. 1.800-795-7759
04O3 9723415340007
971971
Prepared by Douglas W. Windsheimer
page 3
Section 16. (continued)
IXX1 (2) Brokers representing the buyer ("Buyer Agents").
(Buyer Agents representing the buyer owe duties of utmost good faith, loyalty and fidelity to buyer only. Seller is not vicariously liable
for the ads of Buyer Agents.)
Broker will offer compensation to Buyer Agents as follows: (i) __.___•b ___ (%) of the gross sales price in U.S. dollars, or (ii)
' * NOT APPLICABLE * '
XX1 (3) Brokers assisting the buyer in the transaction but not acting as agents
Brokers").
("Transaction -
(Transaction -Brokers must exercise reasonable skill and care for the parties. Seller is not vicariously liable for the acts of Transaction -Brokers.)
Broker will offer compensation to Transaction - Brokers as follows: (i) ____1_5_ __ (%) of the gross sales price in U.S. dollars, or (ii)
* ' NOT APPLICABLE ' *
(b) Broker [XXX twill L _ J will not submit the Property to a multiple listing service.
17. In -Company Dual Agency and Transaction -Broker. If a written Dual Agency Addendum or Transaction - Broker
Addendum is signed by Seller, Broker may show Property to buyers represented or assisted by Broker.
18. Forfeiture of Payments. In the event of a forfeiture of payments made by a buyer, the sums received shall be divided between
Broker and Seller, one-half thereof to Broker, but not to exceed the commission agreed upon herein, and the balance to Seller.
19. Cost of Services; Reimbursement. Unless otherwise specified In Section 28, Broker shall bear all expenses
incurred by Broker, if any, to market the Property and to compensate cooperating brokers, if any. Broker will not obtain or order any other
products or services unless Seller agrees in writing to pay for them promptly when due. Unless otherwise agreed, Broker shall not be
obligated to advance funds for the benefit of Seller in order to complete a closing (Examples: surveys, radon tests, soil tests, title reports,
engineering studies). Seller shall reimburse Broker for payments made by Broker for such other products or services
authorized by Seller.
20. Maintenance of the Property. Seller agrees that Broker shall not be responsible for maintenance of the
Property nor shall Broker be liable for damage of any kind occurring to the Property, unless such damage shall be caused by the negligence
of Broker.
21. Other Sellers. Seller acknowledges that Broker may have agreements with other sellers to market and sell their properties.
22. Nondiscrimination. The parties agree not to discriminate unlawfully against any prospective buyer because of the race,
creed, color, sex, marital status, national origin, familial status, physical or mental handicap, religion or ancestry of such person.
23. Recommendation of Legal Counsel. By signing this document, Seller acknowledges that Broker has advised
that this document has important legal consequences and has recommended consultation with legal and tax or other counsel, before
signing this contract.
24. 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 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.
25. Attorney Fees. In case of arbitration or litigation between Seller and Broker in their respective capacities, the parties
agree that costs and reasonable attorney fees shall be awarded to the prevailing party.
26. Modification of this Listing Contract. No subsequent modification of any of the terms of this Listing Contract
shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties.
27. Entire Agreement. This Listing Contract constitutes the entire agreement 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 Listing Contract.
28. Additional Provisions:
( The language of these additional provisions has not been approved by the Colorado Real Estate Commission).
(A) SCOTT REALTY CO- AGREES TO OFFER FOR SALE THE SUBJECT PROPERTY IN CONJUNCTION WITH A. 1990,
TITAN, MOBILE HOME, WIN: 22110870420A&B, OWNED BY GEORGE A. AND CARRIE E. MADDOX. HOWEVER, THE
SALE OF THE SUBJECT PROPERTY WILL NOT BE SUBJECT TO OR CONTINGENT UPON THE SALE OF SAID
MOBILE HOME.
29. Copies of Agreement. This Listing Contract is executed in multiple copies and Seller acknowledges receipt of a copy of this
Listing Contract signed by Broker.
30. Counterparts. If more than one person is named as a Seller herein, this Listing Contract may be executed by each Seller,
individually, and when each Seller has executed a copy of this Listing Contract, such copies taken together shall be deemed to be a full and
complete contract between the parties. SELL //jJ
iX E Date of signature T 9 V'p — / .19 / 7.
iF
Seller D COUNTY
Date of signature . 19 .
Seller:
Seller's Address: COURTBOIWSL GREELEY COLORADO. 80631 Ph: (t)70) 350-4000
Accepted:
-' Scott Realty Company 1212 8th Avenue
tea-- Greeley, Colorado 80631
By Douglas W. Windsheimer (970) 352-1212 (970) 352-1215 (Fax)
The printed portions of this form, except the (itallcized/OIFFERENTIA TED) insertions, have been approved by the Colorado Real Estate Commission(LC10-9-95)
Scott Realty Company
15:34:59 08/27/97
0403 9723415340007
$5$ -PRO"' W.0 a 1993- 1996 Oes,hc. 1400-795-7759
971971
Prenared by Douglas W. Windsheimer
Scott Realty Company
1212 8th Avenue
Greeley, Colorado 80631
(970) 352-1212 (970) 352-1215 (Fax)
®
Beare o ..
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES
AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
OTHER COUNSEL BEFORE SIGNING.
TRANSACTION -BROKER
ADDENDUM
(for In -Company Transactions)
1. AMENDMENT TO AGENCY CONTRACT. This Transaction -Broker Addendum is part of an
Exclusive Right -To -Buy Contract dated , 19 or a
Listing Contract dated Wednesday, August 27, 1997 between the broker named below and its sales agents
("Broker"), and the undersigned Buyer or Seller. If this addendum is used with a lease or rental transaction, the word "Seller" shall mean "Landlord",
and the word "Buyer" shall mean "Tenant". This Addendum will control in the event of any conflict with the contract to which it is attached.
2. LIMITATION ON BROKER'S AGENCY OBLIGATIONS. When acting as the agent for one party (either Buyer or
Seller), Broker has duties and obligations which include utmost good faith, loyalty, and fidelity to that one party. If the party consents, however,
Broker may act as a Transaction -Broker when both Seller and Buyer have a working relationship with the same real estate company
(In -Company Transaction"). A Transaction -Broker is a broker who assists the parties throughout a contemplated real estate transaction
with communication, interposition, advisement, negotiation, contract terms , and the closing of the transaction without being an agent or
advocate for the interest of any party to the transaction. Seller and Buyer shall not be vicariously liable for acts of a Transaction -Broker.
(a) If this addendum is signed by Seller, Broker will act only as the exclusive agent for Seller wtien the Property is shown to
a prospective buyer who has a working relationship with another licensed real estate company, but will act only as a Transaction -Broker
in an In -Company Transaction.
(b) If this addendum is signed by Buyer, Broker will act only as the exclusive agent for Buyer when showing properties
that are not listed with Broker, but will act only as a Transaction -Broker in an In -Company Transaction.
The remaining provisions of this addendum describe significant changes to the obligations
of Broker when acting as a Transaction -Broker in an In -Company Transaction.
3. MATTERS THAT CAN BE DISCLOSED BY A TRANSACTION -BROKER. Except as set forth in Section
4, Broker, when acting as a Transaction -Broker, may disclose any information to one party that Broker gains from the other party if the
information is relevant to the transaction or party.
4. MATTERS THAT CANNOT BE DISCLOSED BY A TRANSACTION -BROKER. Broker, when acting as
a Transaction -Broker, shall not disclose the following information without the prior consent of Seller and Buyer:
(a) That Buyer is willing to pay more than the purchase price offered for the property;
(b) That Seller is willing to accept less than the asking price for the property;
(c) What the motivating factors are for any party buying or selling the property;
(d) That Seller or Buyer will agree to financing terms other than those offered;
(e) Any material information about the other party unless either:
(1) the disclosure is required by law,
(2) the disclosure pertains to adverse material facts about Buyer's financial ability to perform the terms of the transaction,
(3) the disclosure pertains to Buyer's intent to occupy the property as a principal residence, or
(4) failure to disclose such information would constitute fraud or dishonest dealing.
5. NO DUTY FOR TRANSACTION -BROKER TO INVESTIGATE. Broker, when acting as a
Transaction -Broker, has no duty to conduct an independent inspection of the property for the benefit of Buyer and has no duty to
independently verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker, when acting as a
Transaction -Broker, has no duty to conduct an independent investigation of Buyer's financial condition or to verify the accuracy or
completeness of any statement made by Buyer.
6. ADDITIONAL PROVISIONS.
* * NONE OTHER * *
AccepteJj
Date of signature 7 - / , 19 97
Seller Vit:..r.D COUNTY
Seller:
Seller's Address: COURTHOUSE, GREELEY, COLORADO. 80631
Scott Realty Company
By: ii
Douglas W. VYndsheimer
Date of signature , 19
Ph: (970)366 - 4000
1212 8th Avenue
Greeley, Colorado 80631
(970) 352-1212 (970) 352-1215 (Fax)
The printed portions of this form, except the (italicized/DIFFERENTIA TED) insertions, have been approved by the Colorado Real Estate Commission(TBA29-1-04)
Scott Realty Company
15:37:13 08/27/97
0403 9723415340007
$s6 -PRO"' V/.0 O 1993 - 1996 Oes,flc. 1-000-795-7759
9719';1 •
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