HomeMy WebLinkAbout962370.tiff AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
THIS AGREEMENT is made this day of July, 1996,by and between the County of Weld,
a body corporate and politic in the State of Colorado, by and through the Board of County
Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631,
hereinafter referred to as "Seller," and the Town of Ault, Colorado, by and through its Board of
Trustees, whose address is 201 1st Street, Ault, Colorado 80610, hereinafter referred to as
"Purchaser."
WITNESSETH:
That in consideration of the payment by the Purchaser to the Seller of the sum of$10.00 and
in consideration of the mutual promises and covenants contained herein, Seller agrees to sell to the
Purchaser and Purchaser agrees to purchase from the Seller the real properties which are described
in the attached Exhibit "A", hereinafter referred to as the "Parcels."
The agreement of sale and purchase of the Parcels is subject to the following conditions:
1. Seller shall furnish to Purchaser a Special Warranty Deed for the Parcels, subject to
the terms as set forth in Paragraph 2., below. Title insurance, if requested by
Purchaser, shall be paid for by Purchaser.
2. Seller and Purchaser agree that Seller shall transfer to Purchaser a fee simple
determinable estate in the Parcels, with the possibility of reverter if the Parcels are
no longer used for the following purposes:
a. A "public purpose" by the Town of Ault. By way of example, but not
limitation, the term "public purpose" as used herein includes a park, town
hall, or fire station owned and operated by the Town of Ault.
b. A U.S. Post Office,owned and operated by the United States Postal Service..
3. Title for the Parcels shall be merchantable in Seller.
4. Given that the Parcels as owned by Seller are not currently subject to property taxes
and will not be subject to such taxes in the future if owned and used for the stated
purposes, no property taxes shall be due and payable by either party on the date of
delivery of deed.
5. The date of closing shall be the date of delivery of deed. The hour and place of
closing shall be designated by mutual agreement between Seller and Purchaser.
6. Possession of the Parcels shall be delivered to Purchaser upon closing and shall not
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Weld County CO JA Suitt Tsukamoto Clerk & Recorder 0.00 P2 d0/3
962370
be subject to any leases or tenancies.
7. Seller represents and warrants as of the day hereof and as of the date of the closing
that neither the execution of this contract nor the consummation of the transaction
provided for herein constitutes, or will result in, any breach of any of the terms,
conditions, or provisions, or constitute a default under any indenture, charter, bylaw,
mortgage, loan agreement, lien, lease, license,judgment, decree, order, instrument,
or other verbal or written agreement to which the Seller is a party of or which the
property is subject to, except as provided for herein.
8. All of the conditions,promises, and covenants stated herein shall be in full force and
effect, notwithstanding the conveyance of the Parcels by Special Warranty Deed as
outlined in Paragraph 1., above.
9. This Agreement contains the entire agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written.
vc/42.J-WITNESS WHEREOF, the parties hereto have subscribed their names this day of
,.du, 1996.
SELLER:
COUNTY OF WELD, A BODY
4 E L >,� CORPORATE AND POLITIC OF THE STATE
• a4 OF COLORADO,BY AND THROUGH THE
`��, h L1� BOARD BOARD OF COUNTY COMMISSIONERS
ism a C OF WELD COUNTY, COLORADO
"' k ,e o f BYL VAttit tel." /,)tic te/J�.i-51.
dv ri n, ', Barbara J. Kirkmey r, Chain'/ it 044,
�Y �. •
J PURCHASER:
• yyq , _' ' TOWN OF AULT, COLORADO, BY AND
ATI)TI 'ST.- .;'' THROUGH ITS BOARD OF TRUSTEES
By _I Clot .1 _ Lek By: \ i-a r-:sc
Patricia Lesh, Town Clerk Charles Hoff, Mayor
M:\W PFIL ES\AGREE\AU LTAGM.BTB
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2521546 B-1578 P-542 11/21/1996 01:47P PG 2 OF 3
EXHIBIT"A"
Parcels 3 and 4, First Replat, Tract"A", Block One of Ault West Subdivision, Ault, Colorado, according to the plat
thereof recorded at Book 1548,Reception Number 24922422 in the Office of the Weld County Clerk and Recorder.
2521546 B-1578 P-542 11/21/1996 01:47P PG 3 OF 3
4 WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
f FAX: (970) 352-0242
915 TENTH STREET
nRc.
GREELEY, COLORADO 80632
COLORADO July 12, 1996
Charles Hoff, Mayor
Town of Ault
P.O. Box 98
Ault, CO 80610
RE: Proposed Agreement and Special Warranty
Deed for Transfer of Property in Ault from
Weld County to the Town of Ault
Dear Mayor Hoff:
Enclosed please find the following:
A. Two originals of an Agreement for the Sale and Purchase of Real Estate for the Parcels 3
and 4, First Replat, Tract"A", Block 1 of Ault West Subdivision.
B. Draft Special Warranty Deed transferring the properties to the Town of Ault.
C. Copies of letters dated May 24, 1995, and August 15, 1995, describing the contemplated
transaction.
Please review the Agreement and the Special Warranty Deed to determine if they meet with your
approval. I ask you to specifically note paragraph 2. of the Agreement and the second full paragraph of
the Special Warranty Deed, wherein the possibility of reverter languages is set forth. I believe that the
reverter language is what is discussed in the 1995 letters between the County and the Town.
If the Agreement and the Deed are acceptable, please sign both originals and send the same to my office
at: P.O. Box 1948, Greeley, Colorado 80632. I will then see that the Agreement and the Deed are signed
by Commissioner Kirkmeyer.
Please feel free to call me at(970)356-4000, extension 4390 if you should have any questions or
comments regarding this letter or the enclosed.
Since ly,
ce T. Barker l 1�
Weld County Att rney
BTB/db:L t/Aultprop
pc: Don Warden
Russ Anson
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