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AGREEMENT FOR SALE AND PURCHASE OF UNITS OF
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
This agreement, made and entered into this 20th day of July, 1994, •
between Michael .1. fonaldsnn. as Agent fnr a third party , whose
address is 1730 S College Shire Lill Ft cntltnc rn Rns7s
hereinafter referred to as "SELLER", and Thompson S. Collins, Jr.
•
as Agent for a Third Party , whose address is
745 N. Lincoln Avenue, Loveland, CO 80537
hereinafter referred to as "PURCHASER"; •
WITNESSETH
SELLER has been allotted 8 acre foot units, hereinafter referred
to as "UNITS" of water of the Northern Colorado Water Conservancy
District, hereinafter referred to as "NCWCD". The PURCHASER agrees to
purchase from SELLER and SELLER agrees to sell to PURCHASER 8 UNITS •
of NCWCD water according to the following terms and conditions:
1. PURCHASE PRICE: The purchase price of the UNITS shall be One Thousand
Five Hundred and No/100 Dollars ($1,500.00) per UNIT, for a
total purchase price of: Twelve Thousand and NO/100 DOLLARS ($12,000.00)
payable as follows:
a. The sum of One Thousand two Hundred and NO/100 Dollars,
($1,200.00) as earnest money deposit and held by said Escrow Agent
in its escrow account, due and payable by a Third Party upon the
Third Party's acceptance of this this agreement; and
b. The balance of the purchase price, in the amount of:
Ten Thousand Eight hundred and NO/100 DOLLARS ($10,800.00) in cash
or certified funds shall be deposited by the Third Party with and held
by said Escrow Agent in its escrow account on or before July 29, 1994,
or not later than one day prior to the regularly scheduled NCWCD Board
Meeting at which this transfer is to be considered and acted on by the
NCWCD Board of Directors.
2. ESCROW AGENT: The parties hereto agree and appoint as Escrow
Agent: Donaldson S Company
Address: 1730 So. College #4, Ft. Collins, Colorado
3. NCWCD BOARD APPROVAL: A properly completed application for
transfer for the UNITS as required to obtain NCWCD,s approval
must be prepared and ready for presentation to the NCWCD Board
Directors for the regularly scheduled meeting to be held
August 12, 1994.
4. CLOSING: Closing and disbursement of Eunds to the SELLER from
escrow shall be completed upon receipt by the Escrow Agent of
notice from NCWCD of approval of the allotment contract to the
account of the PURCHASER, which closing and disbursement of
Eunds shall occur no later than fourteen (14) days after the
date of the NCWCD Board of Directors Meeting as referenced in
paragraph three (3) above.
EXHIBIT
962407 J
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5.NCWCD TRANSFER FEE: Purchaser shall pay any transfer fee required
by the NCWCD.
6. OWNERSHIP REPORT: The SELLER shall furnish an ownership report at
SELLERS expense and be responsible for providing written proof
•
that the 8 UNITS are not encumbered OR shall provide written
statements from lenders having a security interest in said 8
UNITS stating under what terms and conditions the lender
will release said 8 UNITS from any mortgage, deed of trust or
other security instrument.
7. THIRD PARTY CONTINGENCY: Both PURCHASER and SELLER recognize the
need for obtaining approving signatures from various third
parties, including but not limited to, lien holders and the
NCWCD Board of Directors to accomplish this transfer, further
it is agreed that both PURCHASER and SELLER will cooperate and
shall exercise their timely and best due diligence effort to
obtain same. If after reasonable effort either party is unable
to obtain the required signatures, then the Escrow Agent shall
be directed to return all monies placed in escrow to the PURCHASER
and this agreement shall become null void.
8. DEFAULT: Time is of the essence hereof; if any note, check or
other payment due hereunder is not paid, honored or tendered
when due or if any other obligation hereunder is not performed
as herein provided, there shall be the following remedies:
a. IF PURCHASER IS IN DEFAULT, then all payments and things of
value received hereunder shall be forfeited by PURCHASER and
retained on behalf of SELLER and both parties shall be there-
after released from all obligations hereunder.It is agreed
that such payments and things of value are LIQUIDATED DAMAGES
and are the SELLERS SOLE AND ONLY REMEDY for the PURCHASER'S
failure to perform the obligations of this agreement.
b. IF SELLER IS IN DEFAULT, 1. ) PURCHASER may elect to treat
this agreement as terminated, in which case all payments and
things of value received hereunder shall be returned to
PURCHASER and PURCHASER may recover damages as may be proper,
or 2. ) PURCHASER may elect to treat this agreement as being
in full force and effect and PURCHASER shall have the right
to an action for SPECIFIC PERFORMANCE OR DAMAGES OR BOTH.
c. ANYTHING TO THE CONTRARY NOTWITHSTANDING, in the event of any
litigation arising out of this agreement, the court may award
to the prevailing party all reasonable costs and expenses,
including attorney's fees.
9. GOVERNING LAW: This agreement shall be governed by, the laws of
the State of Colorado.
10. BINDING EFFECT: This agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective
heirs, administrators, successors and assigns.
11. LEGAL AND TAX ADVICE: All parties are advised to seek tax and
legal advice before entering into this agreement.
12. ACCEPTANCE: If all parties have not signed this agreement by
5:00 P.M. July 22, 1994, it shall be null and void.
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9624fr
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13. COMMISSION: The Commission paid by S LLER shall
all be as follows:
Seller shall pay a commission of f/dO per UNIT for
services rendered in this ransaction.
14. Purchaser shall have the use of said water for 1994 and pay 1994
assessments.
15. It is hereby acknowledged by all party's hereto that Thompson S.
Collins, Jr. is a licensed Colorado Real Estate Broker and that
this agreement will be fully assigned to a Third Party Purchaser
with said Third Party Purchaser accepting the full and entire
obligation of satisfying the terms and conditions of this Agreement.
Upon acceptance of this agreement by the Third Party Purchaser
Thompson S. Collins, Jr. will be relieved of all obligations as
Purchaser.
16. ACCEPTANCE: SELLER(S) accept this agreement this _ day of July, 1994.
PUR H R: Thomps n S lips, Jr. ,
04;a#6/ ./ ,i//9Y
SELLER: 4
ate,
Date
Date
Donaldson & C mpany
By: •
Dat
Lovelan ealty
,
By:
Date
ASSIGNMENT: This Agreement is hereby assigned to
Address:
The above Third Party hereby ac pts the a signment of th agreement and
hereby agrees to assume the full and total responsibility's of this
agreement and further agrees to relieve and hold Thompson S. Collins, Jr.
harmless of any and all obligations asL Pur er.
Acceptance of Assignment: ideksr �+
By: �i �T 2-a/- ? y
Date
By:
Date
Assignor• /"/7 962497
ate
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SENT BY:TA TITLE 6REfl—EY CO p-16-94 4:41PM : —) 303 484 9482:# 2
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1 1400 WIC 01344017 61/01/83 34.08 48.00 1/001
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TINS DIM,
i. rioglwd e/h/a this b day RkMrd R.ahul.na url Mew.. STATE DDWNCNtMT in' z• .-
Out 9.$.9, = :`_'-
- _ et the Coiner of veld and
State of colored., grantor, and $ '�
lassie U. Nasal !a!!1 and kin I. UrsaL
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who.* l.Oal addle. 10 7017 last County Need 30, Port Collin., Colored. 40171
of tag Owner of weld Ltd !late of Colorado, /raters. i 'a:is.
wISWBU last tin ■raster for sad la seaeidaratlq of than sum of YN0 RUNDSID naoraaD _
NM 00/1 0, (0100.000.00) Dollar!, eta receipt sad sr an of Wish Is hereby n -
scamovlad0ed Ms anted, Mrpaiad sold sad ceen y.d, Cod by tbass prnseate does _
net, Dorsals, sell, and wain tato no ys their hotel tad staline e
fleet, s ■ but la east %seaay, al. real property, tasse sr
with Lm Mt L. a. ii a y, asst 1 f 16 s01 4-
wl{h aspnva.sds. !f Cop. aatWta, lying and M1n5 la la ;suety . Weld !tat.
et Colorado, daaatLM as fOllewu 71,7;.7 71'‘'
The awl/4 and the sl/lfl1/4 of tootle. la, Township 1 Perth, Mag. 47 Watt of the sob , c.
P.N., CoWty Of Weld, littt of alerada
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else knows by street and muter as 38848 Weld County Road 23, . Colorado 50411 , .r
10011W wilt all asd dsNlar its baradltta.sts and appertauw a literalist. :-
M1 , or is Urdu sad the la had Iona, tussled.? eat ti
caul n
, . 1s fits thereof, mod all the **tat..ostat.. richt, title, f
elaLa sad domed whateseror of the swatter. a la law or equity, of. to a t`
Rose I. the abrrm bargained prroises, with the herditaaeetd ad apperttaaaeas. .4) ...���...((((((���iii w
TO VATS UM to iota tlo sold praise above barsolad and duerlbme, with tae
•ppurtaasacn. -este the a that, helve sad aisles, forever. had W a
is for tinsel!, hit heirs asd pnaaal Lva, does aesonat, feast, tarsals,
and n mod
• e to a with t\a ■tant..a, their toles and as.laos, that at Ike Slot of too
.. asaallag •d d.l`vory of then he /a wall soLsa Of the 'remises Cleve ,�,t, .
Tfy t ass good. sere porf.tt. sba.ltte and laeteaalhle estate as ambers , le _ 4%
tt.. 1e }Coe lash. sad has geed .Iola, full power ad lawful wth.rley is grant. 7i
barsa a all and assay the ass la must ant fere at /e, sad tame tte use. en f , 3.
•yd -�. fro sad clear m� all tent Dad tansies, sales, lieu,
3 Si ohaterot kid or assure .aver, Pt
CL ;instal Nan !or 1993 and subsequent yarq escape .aenannte, nstrlaliens, ....
;'] eennants, sonditlona, rea.nationa and rights of way of roeerl, Li sari h' '�➢
Tho Pratt.. stall sod will WARffT MD FORMS eartxe t\a theva-ba salad prealaa '
la the quiet lad parsabls goaeasiar of the 9raatrse, Clair hairs sad afelgest apalsat r
na LLL all ass every p penesa lawfully oletainq tie w0010 of toy part thereof.
TM singular Rumor shall aselda the plural, the plural eta singular, and the use of any
geni er stall be tpppplleahls to all gedare.
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in VIM./ walPiOP the pratar has statutes this deed a taie date *it fort% .beer.
1 - Mohave L. Paal(nd a/k/a Richard Maitland * Ar
1,1-
/SASS O► =tonal= 1
1 es. Thee foregoing
dal otrAOent at~as 1093knowledged beteg, a
County of Weld ) Y
by Rlaard L. Neshland a/k/a Richard Peahlsnd '
I u Witness my land and official seal.
_ My canialon sapless July 10, 1Hf '
• i !!!s..tooZ....�rer.wd7aT PUBLIC -
3f, ,,ee t3 111] Tenth Avenue
No. ieu Its-vi la Creoles. Colo.... 40431
noon, ,� 4�VLdV'
9624!!!7
TD_ASAMERICA TITLE INSURANCE L.4PANY
Commitment No. : 8032518 C-2
SCHEDULE B - Continued
EXCEPTIONS
7. Undivided one-half of all oil, gas and other minerals, as conveyed
to Ellen Marian Nashland, by Mineral Deed recorded August 17, 1956
in Book 1458 at Page 30, and any interests therein or rights
thereunder.
8. Any and all unredeemed tax sales, if any.
NOTE: Upon receipt of a Certificate of Taxes Due evidencing
that there are no existing open tax sales, the above
exception will not appear on the policy to be issued
hereunder.
NOTE:
The following notices pursuant to CRS 9-1.5-103 concerning
underground facilities have been filed with the Clerk and
Recorder. These statements are general and do not necessarily
give notice of underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784 .
(c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book
1229 as Reception No. 2175917 .
(d) Western Slope Gas Company, recorded March 9, 1983 in Book 990
as Reception No. 1919757 .
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362407
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