HomeMy WebLinkAbout992655.tiff RESOLUTION
RE: APPROVE CONTRACT TO BUY AND SELL REAL ESTATE FOR MIGRANT HEAD
START PROGRAM IN GRAND JUNCTION, 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 Buy and Sell Real Estate
for the Migrant Head Start Program in Grand Junction, Colorado, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Human Services, and Remax Two Rivers Realty, Inc., c/o Steve
Fleming, on behalf of First Colorado Corporation, 125 Grand Avenue, Grand Junction, Colorado
81501, 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 Buy and Sell Real Estate for the Migrant Head
Start Program in Grand Junction, Colorado, between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department
of Human Services, and Remax Two Rivers Realty, Inc., c/o Steve Fleming, on behalf of First
Colorado Corporation, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, C L DO
ATTEST: XL/
' Dale K. Hall, Chair y
Weld County Clerk to th �:o- ��,Ir .'
ICCI , .
Le 'arbar J. Kirkmeyer, ro-Tem
BY: G ztt
<r1 U
Deputy Clerk to the Bo= ; «�
Georg xter
APPROVED AS TO FORM: A
A- . J eile
/
my A tornEy ` � /41/72(11�J,
Glenn aV�
992655
2b PR0016
Att\i ‘vr
MEMORANGJM
TO: Dale K. Hall, Chair
FROM: Walt Speckman, Executive Director, Human V
C:. Services
COLORADO DATE: October 29, 1999
SUBJECT:
Enclosed for Board approval is a request to purchase land in Grand Junction for the
Migrant Head Start Program.
If you have questions, please call me at extension 3317.
•
992655
Tie printed prn ntias of f�� mr have beCil a
pproved by the Colorado Rey Estate Commission.(CBS 3-9.49
THIS FORM HAS IMP:"�gTA►NT
EFORE SIGNIR.'�CONSEQUENCES AND THE pgRTl
S SHOULD CONSULT LEGAL AND TAX
OR OTHER COUNSEL
CONTRACT 'TO HUX .4 ND SELL REAi ESTATE
(VACAN'-LAND - FAi M-RANCH) OE DiV LOAN)
1.conditions set l :yer des to bu) Date;
mth in this c ittact. end the undersig: �d Seller agrees gees to se: the Property defined below on the terms
DEFINED TERMS and
a. Bea; B. er
a •
W COUNTY DIV1 ION OF HUMAN SERVICES
will take to the real prop, ;y described below as ❑
Joint 'Ie nits Q Tenants In F. aamoe fa Other
LOT 1 ; Pr—o-p�- he Property is the f►11o4wmg legally .escribed real estate
SIGHT PARK AX SCHEDULE 1};:945-033.. 14 10
inn the Cot o fb__
zrsFN sTaFF —"--� off o,' �monly k= own as No.
Street Ads �``�` 1—_-_,-.-------__..,
—i cry :
together w the interests, ttt .rlts, tights, bene City State Zip —
vacated stn ;and alleys adjar ;t thereto,except a. reap xcl sand att hed fixtu� appurtenant thereto, all interest of Seller in
ud
c. Dates and r nines.
Item No. Reference went .—
1 — Date or Deadline
§5a .pan Application .: �adliine 1 J n/a
2 §5b _pate Commitment )eadliue n/a
3 § 5c .chat's Credit Inf+v cation Dead' -171/a
4 § Sc Disa proval of Bud 's Credit Des•'line _ n/a
5 § 5d Exixistint Loan Doc vents Deadlir n/a
6 §Sd Objection to Existia ".pan Dead. 'e n/a
7 § 5d , iroval of Loan 1 infer Deadline n/a
8 § 6a Appraisal Deadline n/a
9 § 7a fitle Deadline November 16, 1999
10 § 7a ,Survey Deadline Nov
11 §lb a Document Request I 'W ine November 13, 1999
12 i 8a i Title Objection Dear fie November 23, 1999
13 §8b i Off-Record Matters :adline November 20, 1999
14 § 8b 'Off•Record Matters ( ;jectioe Deadline November 23, 1999
15 . § 10 I Seller's Property Dis+ ;sure Deadline November 04, 1999
16 § 10a IiLispection Objection )endure December 03, 1999
_17 § 10b Resolution Deadline December 06, 19:19
18 § 11 e Closing Date _ December 14, 1999
19 § 16 (Possession Date December 14, 1999
10_ § 16 P Possession Time 4:oe Pe.
21 '§ 28 _i Acc:epta■ce Dena'ie Date November 03, 19`19
22 § 28 Acreptaace DeadiF�e Time 5:00 PM
n/a 1n/ai __ n/a
n/a
n/a n/a
n/a Inca n/a
d. Attachments, The toilowina, exhi..is,attachments and adde da area part of this contract:
NONE______ T.. _
e. Applicability of Terms. A .:heck a. similar mark in a box ;nears that such provision is applicable. The at Ireviation
"N/A"means not applicable.
3. INCLUSIONS AND EXC1 ci9a6. 5--
..,a, ....,m.0 not opium.. ..
3. INCLUSIONS AND EXCLUSION:
a. The Purchase Price includes the folk wing items(Inclusions):
(1) Fixtures. If attached to the Pr petty on the date of this cons net, lighting, heating,plumbing, ventilating, and air
conditioning fixtures, inside telephone wiring and cornecting blocks/jacks, plants, n irrors, floor coverings, intercom systems, sprinkler
systems and controls; and
NONE OTHER
(2) Other Inclusions. If on the Property whether attached or not in the date of this contract:
storm winds +, storm doors,window and porch shades, awnings, blinds, screens, w Idow coverings, curtain rods, drapery rods, storage
ES 3.8-99,Co,,. :to Buy end sail ROM Estate(Vacant Lana-Farm-Ranch)
teelFA3TW Form Lo 4700,Frew,CO 80443, Version 8.00,CRash A$TW.1999;Rep,TCOCOL222482
:ORIpNMea by•S E FLEMING,OWNER/BROKER ASSOCIATE,RE'MAX TWO RIVERS REALTY.INC. paps 1 of 8
IuYa(e) 10/29/9915:1404 `er(s) �_
10/23.'1399 15:1!5 9702420955 REMAX TWO RIVERS PAGE 03
NONE, O'C •
(3) Tt AdFixtures. With respect to trade fixtures,Seller at yer agree as follows:
n/a
(4) Water Rh'bts. The following legally deathbed water ri.
Air EXC. ..
Di (5) Growing Crops. With respect to the greying crops Sell"mil Buyer agree as follows:
a
b. Inatrtneah of Transfer. The Inclusions a' to be conveyed at Closing free and clear of all taxes, liens and
encumbrar, "s,except as provided in§ 12.Conveyance shall be bill of sale or other applicable legal instrurnrut(s).
Any water ?Jets shall be conveyed by n/R Jeed or other applicable'cgal inshument(s).
Esek lo,,. The following attached fixtures; excluded from this sale.
n/a
4. PURCHASE PRICE AND TERMS. The Purchase Pt e set forth below shall be Dyable in U.S.Dollars by Buyer es follows:
Item No. Reference Item
A mint
�onst
1 §4 Purchase Price $ 90,000.00
2 §4a Earnest Money
3,000.00
3 §4h New Loan n/a
4 §lc Assumption Ba a
n/a
S §4d :teller or Privab inenciag
n
87,
6 §4e Cash at Closing 000.00
7 TOTAL S 90,000.001)$ 90,000.00
a. Earnest one _ The Earnest mey set forth -I this Section,in the for. of 1.000 00 .,_,is part payment of
the Purchase Price and shall be payable to and he! ,y FTRST CC:n may ,h, is trust account,on behalf of both Seller and
Buyer.The parties authorize delivery of the flame ion,depos .to the Closing Company. if any,at or before Closing.
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7. EVIDENCE OF a ITLE.
a. Evidence of Title;Survey. On or I:'fore Title Deadline(§2c),Seller shall cause to be furnished to Buyer,at Seller's
=peruse,a current commibn,mt for owner's tide maul rte policy in wi amount equal to the Purchase Price or if this box is checked, ❑
an Abstract of title certlfie-1 to a current date. If a ti: insurance co mitment is fu nished,it O Shall ®Shall Not commit to delete
3r insure over the standard c'motions which relate to
(I) pan in possc. ion,
(2) o u aded eas lertb,
(3) sir matters,
(4) any:unrecorded mechanics''.::us,
5 34-a9,Contract to Boy and Soh Rail FWn(Vacant land-Ft'a-Ranch)
WAS,.Forms,Box 4100,Frisco,1:0 00443. venivn 0.00,Meer"Vin,19RA.Reg#100001222452
Voted by-STEVE FLEMINO,OW;fER/BROKER ASSOCIATE,RF-MAX TWO RIVERS REALTY,INC. Pala 2 of#
`Y.'9/95 14::15:12
10/29/1999 15:15 9702420955 REMAX TWO RIVERS PAGE 04
(6) unpaid taxes, ass( sments and unredeemed tax sales prior to the year of Closing.
Any additional premium expense :o obtain this additional coverage shall be paid by D Buyer ®Seller. An amount ict to
e::=:eed $Pia far the a st of any improvement location certificate or survey shall be paid by O Buyer ❑ Seller.
If€he cost exceeds this amount, ilia shah pay the excess on or before Closing.The improvement location certificate or survey
shall be received by Buyer on or before Survey Deadline (§ 2c). Seller shall cause the title insurance policy to be delivered to Buyer as
soon as practicable at or after Closing.
b. Conies of Exceptions. A nor before Title Deadline (§ 2c), Seller, at Seller's expense, shall furnish to Buyer, (1) a
copy of any plats, declarations, covenants. condition:e and restrictions burdening the Property, and(2) if a title insurance commitment is
required to be furnished,and if this box is necked Cl Copies of any Other Documents (or, if illegible, summaries of such documents)
listed in the schedule of exceptions (Est •ptions). riven if the box is not checked, Seller shall have the obligation to furnish these
documents pursuant to this subsection if requested by Buyer any time on or before the Document Request Deadline (§2c). This
requirement shall pertain only to documerm as shown of record in the office of the clerk and recorder(s). The abstract or title insurance
commitment, together with any copies or: immaries of such documents furnished pursuant to this Section, constitute the title documents
(Title Documents).
8. TITLE.
a. Title Review. Buyer shs.l have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability
of title or of any other unsatisfactta title : -audition shown by the Title Documents shall be signed by or on behalf of Buyer and given
to Seller on or before Title Objection Der:►line (§7c), or within five(5) calendar days after receipt by Buyer of any Title Document(s)
or endorsements)adding new Exception(s) to the titre conunitment together with a copy of the Title Document adding new Excepi€on(s)
to title.If Seller does not receive Buyer`s no ice by thc date(s)specified above,Buyer accepts the condition of title as disclosed by the""ale
Documents as satisfactory.
b. Matters not Shown heel•a Public glee ords. Seller shall deliver to Buyer,on or before Off-Record Matters Deriline
(§ 2c)true copies of all lease(s)and surve 's) in Sellar'a possess pertaining to the Property and shall disclose to Buyer all ease' sots,
liens or other title matters not shown by the oublic re(ords of wh, Seller has actual knowledge.Buyer shall have the right to inspe t the
Property to determine if any third party(ie,) has any right in 1 Property not shown by the public records (such as an unrecorded
easement, unrecorded lease, or boundary fne discrpancy), W ... t notice of any unsatisfactory condition(s) disclosed by Sell or
revealed by such inspection shall be signed by or on behalf of 1 er and given to Seller on or before Off-Record Matters Objection
Deadline (§2c). If Seller does not receive Layer's ne..ice by sale ...c,Buyer accepts title subject to such rights, if any,of third parties of
whit;, 'yer has actual knowledge.
Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
INDEBTEDNESS THAT IS PAID BY REVENUES PRO�q' ICED FROM ANNUAL TAX LEVIES ON THE TAXABLE
PROPERTY WITHIN SUCH DISTRIC1,S. PROPERTY OV ERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR
INCREASED MILL LEVIES AND EXCESSIVE TAX E""kkDENS TO SUPPORT THE SERVICING OF SUCH DEBT
WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
INDEBTEDNESS WFIHOUT SUCH AN INCREASE IN n^r!tL LEWES. BUYER SHOULD INVESTIGATE THE DEIcT
FINANCI G REQUIREMENTS OF THE AUTHORIZL.. GENERAL OBLIGATION INDEBTEDNESS OF SUC2l
DISTRIC S,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIR
FOR AN I'(CREASE IN SUCH MILL LEVIES.
In the event the Property is heater within z. special taxing district and Buyer desires to terminate this contract as a resin` if
written not ce is received by Seller on or bef re Off Record Mats.r Objection Deadline (§ 2c), this contract shall then terminate If
Seller does not receive Buyer's notice by such date, Foyer accepts rue effect of the Property's inclusion in such special taxing distri. ;s)
and waives the right to so terminate.
d. Right to Curt. If Seller receives notice of tin'eerchantabilify of title or any other unsatisfactory title condition(s u
commitmer terms as provided in § 8 a or t above, Seller shall u: reasonable effort to correct said items and bear any nominal exp. ,e
to correct t:ce same prior to Closing. If sue: unsatisfactory title eedition(s) tare not corrected on or before Closing, this contract st.- II
then terminate;provided, however, Buyer r> y, by written notice rcc ived by Seller, on or before Closing,waive objection to such items.
e. Title Advisory. The T. = Documents affect the title, ownership and use of the Property and should be reviewed
carefully. : Iditionally, other matters not affected in the Title eocuments may affect the title, ownership and use of the Property,
including v .dtout limitation boundary lines Ind encroachments,a';:a,zoning, unrecorded easements and claims of easements, leases and
other unre:orded agreements, and various laws and govertlmen :1 regu'ations concerning land use, development and environmental
matters. T:^e surface estate may be owne separately from the .mderlying mineral estate, and transfer of the surface estate dues
not necessrrily include transfer of the to Metal rights. Third artics may hold interests in oil, gas, other minerals, geothermal
energy or->�ater on or under the Proper ,which interests may give them rights to enter and use the Property. Such matters mny
he exclude° from the title insurance policy _toyer is advised to timely consult legal counsel with respect to all such matters as there r',
strict time limits provided in this contract( .rg., Title Objection Deadline [§2c] and Off-Record Matters Objection Deadline [§ 2c').
9. L1:AD-BASED PAINT. 'i!)less e:tempt, if the improvements on. the Property include one or more residential dwellings) t>r
which a budding permit was issued prior to January 1, 1978,this contract shall be void unless a completed Lead-Based Paint Disclosu •
(Sales) fort is signed by Seller and the reqt'red real estate licensee(s),which must occur prior to the parties signing this contract.
10. PROPERTY DiSCLOSU a E AN'i INSPECTION. On or before Seller's Property Disclosure Deadline (§ 2c), Sell.
agrees to p ovide Buyer with a writrxt disc losure of adverse matters regret-lingthe Property completed by Seller to the best of Seller s
current act^al knowledge-
a. Inspection Obiection Dc_, Rine. Wryer shall have the right to save inspections) of the physical condition of the
Property ah. 1 Inclusions, at Buyer's expense if the physical condition of the Properr or Inclusions is unsatisfactory in Buyer's subjective
discretion, luyer shall,on or before Inapt on Obit-Mon Deadline (§ 2c):
(I) notify Sells a writing that this contract is terminated, or
(2) provide Se • with a ,eritten description of any unsatisfactory physical condition which Buyer requires
Seller to m red(Notice to Correct).
Tr.,n44fn.. nneirr ie not...r,,.;„.€1 t• cisller nn nr heir're tnenretinn f)hiertban Deadline (S 2c1. the nhvsical condition of the
(2) provide Seller with a written description of any unsattstactory physical common wmen buyer requires
Seller to correct(Notice to Correct).
If written notice is not received by r on or before Inspection Objection Dead, (§ 2c), the physical condition of the
Property and Inclusions shall be deemed to be satisfactory to Buyer.
b. Reaolrc ion Deadline. If a Notice to Correct is received by Seller and if B std Seller have not agreed in writing to
a settlement thereof on before Resolution Deadline (§ 2c), this contract shall rminate calendar day following
the Resolution
Deadline, 'Mess helot such termination Seller receives Buyer's written withdrawal of the T to Correct.
c. Dane e;Liens; Indemnity. Buyer is responsible for payment car all ins ors, surveys, engineering reports or for
any other v irk perform :i at Buyer's request and shall pay for any damage which or:curs tot roperty and Inclusions as a result of such
activities. {' iyer shall r !.permit claims'NB
r liens of any kind against the Property for inspectio , surveys,engineer ng reports and for any
other work 4erformed r the Property at Buyer's reu _
harmlesswiry _it _ ....oral s..ae..i:m_'71�i5.:ndamnilY inciudeS.---
FIRST 'OT.ORA DO ,DRP
12. d'RANSF'E' O�FF TITLE. Subject otender o(7 "
,.
I t
Ili
I.
1 I arc comp lance sy Buyer with th-r other
Ions ,ereo , en r shall execute and deliver a good and sufficient Entail . WARRANTY
conveyor ;the Propee 'free and ear of all taxes except thed.kl to Buyer,title&nal be
conveyer free and c art of all : P general a liens ees for the year impr sing_Except as provided herein,a o shall be
s including fTitle toy governmental for special vernents installed a; of the date of i rs
signature. hereon,wh; 'ter assess:- or not. Atli be conveyers subject to:
thu specific l epsilons described by reference to recorded documents as reflected in the Title Documents accel by
Buyer in 'ceordance Oh § Sa[1 :Review],
disc Onion utill: y easements,
the specifical 'described rights of third parties not shown by the public records of which Buyer has actual knot ge
and whic were accei xi by Buy,: in accordance with§ 8b[Matters Not Shown by the Public Records],and
inc r ion of the roperty within any special taxiig district, and
the nefits one: ,urdens of any d,;duration and;tarty,wall agreements,if ant, and
odic Ida
13. ' 1YMENT F ENCUI :BRANCES, Any encumbrance required to be paid sl 11 be paid at or before Closing from the•
proceeds 'this trans lion or fro. any other source.
14. : OSING( )STS;DCI :UMENTS AND SERVICES. Buyer and Seller shall p; r, in Good Funds, their respective Closing
costs and II other itc s required, o be paid at Clo :,,,,„ xcept at: otherwise provided herein Buyer and Seller shall sign and complete
all custon, ry or reasr ably requi: 4 documents at or before Closing. Fees for real estate C using services shall be paid at Closing by.
®One-II; °f by Buys, and Onc-i ialf by Seller GI Buyer O Seller O Other n/a
1 ^ local list fee tax of; /a %of the Purchase Pt ice shall be aid at Closing use tax the, may scan- because of his transaction shall be paid when due by !tier.
y Buyer O Seller. Any sales and
15. F :ORATIO, S. The fin owing Buyer O, her
a. Text, Personal property shall be prorated to Closing Date (§2c),except as +the[wise provided:
for the Ca !odor Yea! immediau .y Precede s, if g Closing ®The, Most Recent Mill Levy, and general real estate taxes for the year of l
nd Most Recent issessm n The O Taxer
b. Rent
Rents Rents Actually Buyer Sell r shall ass ;all leases: a Buyerannd Buyer shall assure vsu 1 � Security deposits held by Seller shall be credited to
leases-
via
c. Othe Proratios;r _ Water, sewer charges; and interest on continuing loan(s if any;and
NON}, QTR. R
d. Final 1ettlememt, Unless otherwise agreed in writing, these proration shall ,e final.
16. Pt iSESSION Possess;ie n of the Property shall be delivered to Buyer oil Posse .WOO Date andPossession Time (§ 2c),
subject to tl,:,following ase(s)or l; aancy(s):
DATA Ok• & IVERY 1 nFED
If; tiler, after i„ ',osing, fail to deliver possession as specified, Seller shall be subject h sviction and shall be additionally liable
to Buyer fo: myment of .511.._0.11 .,, per day from the Possession Date (§2c)until:iossession is delivered.
17. N( (ASSIGN, BLE; Tit: ; contract shall , a assignable by Buyer without Seller's prior written consent. Except as so
restricted,ti s contract sl all inure to the benefit of suet winding upon the heirs, personal representatives,successors and assigns of the
parties.
IS. CCADITtON(.F AND D_ MACE TO PROPERTY AND INCLUSIONS. Except at otherwise provided in this contract,the
Property, Inciusions orb-th shall be delivered in the condition exis ' as of the date of this cc
&act, ordinary wear and tear exec fled.
a• Casual sansurmsce. In the event the Property Of Inclusions shall be darn ged by fire or other casualty pr r to
Closing, in i amount of not more hen ten percent of the total Purchase Price, Seller shall be ihligated to repair the same befo.r the
Closing Da, , (§ 2c). In i e event srch damage is not repaired within said time or if the damage exceed such sum,this contact it ,be
terminated r• the option f Buyer by delivering to Seller written notice of termination. Shook Buyer elect to carry out this ccatract
despite such lmage, Be er shall be entitled to a credit, at Closing, for all the insurance pros:eds resulting from such damage 'o the
Property arc nclusiohs i,,gable to ;seller hut not the owners' asst lotion, if any, plus the amoun of any deductible nrnvided for in .e,ri insurance pc, -^y,such CP 'it not to erre.- flit.+-h., ...._,___-.
..wnaou. onown Unger elect to carry out this contract
Property and inclusions onss payable to Seller butn e credit, at he owners' association, if ano, for all n plur the a insurancemotc�dI any deductible ble prov from ided damage
in such
insurance policy,such credit not to exceed the t .Purchase Pelee.
b. Daman;InduiionyServieta. Should anv Inclusion(s) or service(s) (including systems and components of the
Property,e.g. heating,plumbing, rc.) fail or be damaged-be: an the date of this conEract and Closing or possession, whichever shall be
earlier, then Seller shall be liable for the repair or replacer t of such Inclusion(s) or service(s) with a unit of sini!ar size, age and
quality, or an equivalent credit,bu only to t to extent that thz +aintenance or replacement of such Inclusion(s), service=:s) or fixture(s) is
not the responsibility of the own -rs asso iation, if any, s any insurance proceeds received by Buyer covering such repair or
replacement. The risk of loss for .ny damage to growing c is, by fire or other casualty, shall be borne by the party entitled to 'he
growing crops, if any, as provided in § 3 ant such party sh: be entitled to such insurance proceeds or benefits for the growing or =s,
if ,my.
c. NV ilk-Through; "✓erifleatian of Condition Buyer, upon reasonable notice, shall have the right to -a11(througu '.IC
Property prior to Cl-.sing to verify that the physical condition I the Property and Inclusions complies with this contract.
19. RECOMMENDATION OF LEGAL AND TAX' ^UNSEL. By signing this document, Buyer and Seller a-knowledge at
die Selling Company or the Listing Company has advised ,: this document has important legal consequences and ft .: recomtnt d the examination oft de and consultation with legal and tax - their counsel before signing this contract.
20. TIME OF ?SSENCE AND REMEDIES, Time is of the essence hereof If any note or check received as Earnest Ma ,ty
hereunder or any O1 ayment dee hereunder is not pairl hnnored or tendered when due, or if any other obligation ,tereunder is a of
performed or waiver: a^ ;rein provided,there shall be the f wing remedies:
a. If Buyer is in Default:
(1) Specific?,'erformance. Seller may elect to treat this contract as canceled,
things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damagese
es as may
'roper, or Seller may elect to treat `his contract as being in fell force and effect and Seller shall have the right to spec are performer
x damages,or both.
(2) Liuuidat;:I Daoaattn. All payments and things of value received hereunder shall be forfeited by Buyer and
'etained on behalf of Seller and boat parties shall thereafter be released from all obligations hereunder. 1t is agreed this' such payments
ind things of value are LIQUIDA ILD DAMAGES and (except as provided in subsection c) are SELLER'S SOL AND ONLY
tEMEDY for Buyer's failure to pc %nn the obligations of this contract. Seller expressly waives the remedies of specific performance
tad additional damages.
b. if Seller is in Defaullt: Buyer may elect to treat this contract as canceled, in which case all payments and things of
aloe received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this
ontract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both.
c. Costs and Espeasa. lit the event of any arbitration or litigation relating to this contract, the arbitrator or court shall
ward to the prevailing party all reasonable costs and expenses,including attorney fees.
I. MEDIATION. if a dispu'.e arises relating to this contract,prior to or after Closing, and is not resolved, the parties shall first
3-9-08,Contract to Buy and Sill Real Est la(Vacant lane-Fann-Ranch)
FAST®Fo.me Bra 4700,File,.CO 80443, Version(L0U CRaaIFA3T®,1999:Rag.TCOCOL222482
prefect by-STEVE FLEMING,O+VNER/SRO;(ER ASSOCIATE.RE/MAX TWO RIVERS REALTY,INC.
Page 4 of e
10/20/99 14:30:12
10/29/1999 i::15 9702420955 P.EMAX TWO RIVERS PAGE 05
proceed in good faith to submit the matter to mediation.Mediation is a prof":s in wld lie parties meet with an impartial person who
helps to resolve the dispute informally and confidentially_Mediators cannot impose b'. ng decisions. The parties to the dispute mind
agree before any settlement is binding The parties will jointly appoint an ac :ptable n tor and will share t;qually in the cost of sec,.I
mediation.The mediation,unless otherwise agreed,shall terminate in the ev.at the eat, lispute is not resolaed 30 calendar days front
the dale written notice requesting mediation is sent try one party to the oth (s). This .tion shall not alter any date in this conmae,,
unless otherwise agreed.
22. EARNEST MONEY 'ISPUTEs_Notwithstanding any termination .f this COll A,Buyer and Seller agree that,in the event of
any controversy regarding the I.,west Money and things of value held by bra en or Clot Company(unless mutual written instructions
are received by the holder of tit,Earnest Money and things of value),broker or Closing npany shall not be required to take any action
but may await any proceeding,.sr at broker's or Closing Company's option and sole disc on,may interplead all parties and deposit any
moneys or things of value into court of competent jurisdiction and shall reco:et court c. :and reasonable attorney fees.
23. TERMINATION. In the event this contract is terminated, all prvrnents a.. _kings of value received hereunder shall b�.returned and the parties anal'be relieved of all obligations hereunder,subject In§§10c. ,nd 22.
24. ADDITIONAL PROVISIONS. (The language of these additiottai provision s not been approved by the Colorado Rea'
Estate Commission.)
SEE FSRTAre A RFLUtRV MlLIE PART OF TATS AfRFRMFNT
23. ENTIRE AGREEMENT:SUBSEQUENT MODIFICATION;SURVIVAL. uis contract constitutes the entire contract
between the parties reining to tIc,subject hereof,and any prior agreements pertaining then o,whether oral or written,have been merged
and integrated into this contract No subsequent modification of. :of the terms of this cc tract shall be valid,binding upon the parties,
or enforceable unless made in caning and signed by the parties. Any obligation in this c 'tract which,by its terms, is intended to be
perform-:1 after termination or Closing shall survive the same.
26. FACSIMILE, Signatt:res 1..1 May O May Not be evidenced by facsimile. I. cuintets with original signatures shall b.
provide to the other party at Closing,or earlier upon request of any party.
27. NOTICE. Except for;he notice requesting mediation described in§21,any not.te to Buyer shall be effective when receive.:
by Buys..or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company.
28, reOTICE OP ACCEPTANCE;COUNTERPARTS. This proposal shall expo. unless accepted in writing, by Buyer and
Seller, o evidenced by their siatnatures below and the offering party receives notice o acceptance pursuant to § 27 on or befoo
Aecepte Ce Deadline Date and Acceptance Deadline Time(§2c).If accepted,this doc Rent shall become a contract between Seller
and Buy r.A copy of this document may be executed by each party,separately,and when ash party has executed a copy thereof,such
copies it en together shall he deemed to be a fill and complete contract between the parties.
WELL COUNTY °IETTi0 NOGG"
BUYER DATE 11/01/99
Dy, Dale K. Hal , air, We d Co my Board of Commissioners
'NOTE: if this offer la being a mitered or reivcted,do out sign this document.Refer lc 291
SELLER
_—_DATE
SELLER
DATE
29. ( ',INTER;REJECTION. This offer i; O Countered O Rejected.
Initials oc:y of party(Buyer or::'eller)wino mankind or rejected offer
END OF CONTRACT
Note:Clot erg Instructions should be signed on or before Title Deadline.
BROKER ACKNOWLIEDGMENT5. The undersigned Broker(s)acknowledges receipt of the Earnest Money deposit specified in
§4 and,wide not a party to the contract,agrees to cooperate upon request with any mediation conducted under§2I_Satire Company Brokerage Relationship. The Selling Company and its licensees have been engaged in this transaction as
❑Buyer Agent L-I Seller Agent/Subagent LI Dual Agent 0 Transaction-Broker.
Eisele Company Broker.ac Retatiaeahip._ The Listing Company and its licensees have been engaged in this transaction as
Sober Aleut L-I Dad Agent UTrargetion-Broker.
BROKER[•:'COMPENSATION DISCLOS,IRE.
Selling Company's compensation or commissica is to be pad by: O
Other u A Buyer O Seller ®Listing Company
(To be corn;feted by Listing Company) Listing Company's compensation or conunission is to be paid by: O Buyer O Seller
Other ad.a :__
Selling Company
i 3-9ar,Cent,•::t to buy and Sall Real Ranee(Vacant Land-Finn-Ranch)
FASTS Fortran :oar 4700,Edson.CO 00443, Vernon 8.00,ORa18FAsi®,1999;Rapt 1 COCOL2a20a2
pblee ty-ST' rC FLEMINO.OVVNER/BROl FR ASSOC\TE,REAV0(TWO RIVERA REALTY,INC.
P:, Sala
1a/to/cr to 38.12 ,
10/29/1999 15:15 J/02420955 REttAX T4J0 RIVERS PAGE 06
RE/MAx TNO RIVERS RF_ALTY, 1t1C.
125 GRAND AVENUE
GRAND JUNCTION, CO 81501
Phone: (970)
243-3939, Fax: (970) 242-0955
Signature STEVE FLEM INC Date
Listing ('ampany:ELL r Cnr.onnro roRp
Listing C'mpany's Address: T) ,rrrNc T (Name of Company)
Listing C., TelephoneL9N c o A15 Q?
mpany's No:n/.. Listing Coanpu•.y's Fax N /a
by:
Signaler, -
Date
•
a 3-H0,Contltct le Pvo one Sat R+e,tietate(Veeant Land-F•m i-
OMITS Fon11a.844 4700,Flom CO ^.0M2, Vunion 6.00,GR.YFAS1 at,Ino;kr,94 TCOCOL2224$2
npleled by•STT.VE FLEMSNG.OWNFt?'WROKER ASSOCIATE.MAMA TWO RIVERS REALTY.INC. Page Goff
10129100 19 3$:12
10/29/1999 15:24 9702420955 REMAX TWO RIVERS PAGE 01
Mint A
Closing s contingen,upon the Ywchaser being fitnttshod by the Seller written
,. urisdkctiun aver the [natter that
x?&::
governmental authores having 1 and other outside
lntirnenat:om utlnty,water, sewer linos, strum sewers,dxerc ar tbh • 'Ynxprov trfor ' '®n of water and sewage of 9uP£tcient wow:ity to aiotera the
Property as fully d- :,eloped in ,)0 rd anc
a s alter the date f th s Ccmttact Glotsiagnsottls1oti.on sltull
be received nu la.e tin [bitty t ) Yon indicating the results
oontlnp`nt upon th Purchaser toeing fumiahed by the Seller a written rep
of a current phase :ir level I e.virortmental assessment of the property cochart
ndat l y datequalified
engineers,which n 'essment skill be received ne later than thirty(DO) days after to of.'ttus
Contra);L. The ass intent shat::include,but not be limited to, a race= iletarc s,h. ao'ttampinanty,or
and sampling if dr sled necessary, to determine the presence of any
any other substanc r,on or ucder the Property, the presence of whit: nay be a violation of any
taw or regulation c any local, state, or federal government or which tay he a nuisance or health
threat to occupant (2 the Pnmerty or other persona in the area. If, ii lie sole opinion of
Purcha'er, utility, titer,sower tines, storm sewers, and other outsid mprovemertes or the
transmission of w r and see age of insufficient capacity to service 'n Property r 3 fi.11ly
developed in area: 'rote with Purchaser's plan, or the phase l or lev i cnvtnmme'ttul
assessi rents oftha operty r:,veal pollutants,contaminants,or any 't:er substances, on or under
the Priiiiarty, the 1 :once of which may be a violation of any law a `gelation of any local,
state, o: federal g- rrunent c r which may be a nuisance or health 0 •tt!. to occup Ms of the
Property or other sons in tee area, the Purchaser Shull be entitled to terminate is Contract us
set fors;[ in Item t: ',lbw.
li. This C tract is ct atingant upon the Purchaser receiving site plan wet,
approval from the ay or CJrtnd Junction,Colorado,and any other applicable governmental
authorities having, rrisdictiot over this matter. far the toe of'the Property as a Heed start Center
in acct:rdanee wit he Punch acr's plan tic die Property. Denial of site plan or'eoi'itt t apprtwal
shall entitle the P^ ;Maser to terminate this Contract as set forth in Item C,, below.
C. 'ibis C inset is c' adngen( upon the Purchaser obtaining a building pee:nit(upon
proper application the Pur'iiaser)which will permit the construction or locutiirai of mobile
homes or manatee red lwrne)on the Property for use as a Head Start Center in accordance with
Purchaser's plan is the horny and in accordance with the City of Grand Junctions applicable
zoning ordinance, esenial,of;, building permit shall entitle the Perclatser to tennittute this
Contract as set tart in Item L'., below.
U. Phis Cs :tract is contingent upon the Purchaser conducting u neighborhood survey to
determine if there a:iris opposition to the location ot'u plead Start ['enter on the+tie and, if such
opposltiun loci ar a: in the veto opinion of the Purchaser. Purchaser shell be entitled to terminate
this Contract us eat tbrth in'teen B., below.
E. The re escntatioee and warranties of the Seller contained in this Conte act will he true
as of tine date oft : Closing, .end the Seller will have performed,observed, and complied whit all
of his agreements riot to or cm the Bete of the Chasing hi accordance with the terms of this
Contract. In the c era any at the aho.'c-describe.[ conditions precedent are riot fulfilled in
accordance with V s Contract, unless waived by eschaser.Purchaser shall be cnt'.tled w
terminate this Con_:act on notice to Seller at least tan(10)days prior to the date o:'closing. The
tenure of the Puree:aaer to give such notice of termination shall constitute a waive::of such
conditlon(s). In the event of such ten unation, the earnest money deposited pursuant to this
Contract shall be returned to Purchaser forthwith, and I'll rights and obligations of the parties
under this C rntrat:t shall henecthrth Le terminated.
10/29,'1999 15:15 9/02420955 REMAX TWO RIVERS PAGE 02
KDIIBIT A
A. Cloying is contir tent upon the Pun:haser being ftu'nished by the Seller written
intnrmation limn the appi .ble governmental authorities having jurisdiction over the matter that
there are available to the t party outside
utility, water, sewer lines, storm sewers,and other oc_
- .. .. . _.-.....-- utsi -...
'.E/MAX TWO RIVERS REALTY, INC.
125 GRAND AVENUE
GRAND JUNCTIONi GO 81501
engineers, which assessnv shell be received no later than thirty(30) days utter the date of this
contract. The 01809131141e sell include, but tint be limited to, a rouorits searen, site Inspection
and sampling if deemed m tesary, to determine the presence of any pollutants, contaminants, or
any other substances„on c seder the Property, the presenr:e of which may be a violation of any
law or regulation of any lc I, state, or.federal government or which may he a nuisance or health
threat to u,ccupants of the patty or other persons in the urea. if, in the sole opinion of
Purchases, utility, water, r, "er lines, storm .,ewers, and other outside improvement»for the
transmiss=on of water and vage of insufficient capacity to service the Property as frilly
developer' in accordance v i Purchaser'.,plan, or the phase i or level I euvinmmental
assessmer d of the Property weal pollutants,contaminants, or any other substances, on or under
the Pripet ", the presence C. ,vhich may be a violation of any law or regulation or any local,
elute, or ti rat governmew r which may be it nuisance or health threat to occuptwts et the
Property c Ither persons in to area, the Purchaser shell he entitled to terminate this Contract a i
set ftnth lr em E., below.
H. us Contract is c: tingent upon the Purchaser receiving site :o arid zoning
approval t a the City ofCir: ct Junction, Colorado, and any other appli, le governmental
authorities evingjuriadietio- vet this matter, for the use tfthe Propert a(lead Start Center
in act:ordn e with the Pure' act's plan for the Property. Denial of site r or zoaiag approval
shall entiti he Purchaser a uminnte this Contract to set forth in item f elow.
C. us Contract is c,oroingent upon the Purchaser obtaining a bu rig permit(upon
proper app.: nation by the Pure eser)which will permit the construction tl actttiun of nubile
homes or n nufecttred homes on the Property for use as a Head Stan Cr it in.accorduru:e with
Purchaser's Ian for the Property and in accordance with he City of Grant unction's applicable
zoning ordi wage. Denial of building permit shall enlitir the Purchaser terminate this
Contract as et forth in item fit, below,
U. iris Contract is contingent upon the Purchaser conducting a neighbrirhood survey to
determine i 9'there exists opposition to the location uf'a Read Start Center on the site end, if such
. . _. . . . REJIw ♦ l ._ n ..... 9vrJ as r..dwn.ivf,.C„,•'•L•., 1+-
AX T VO RIVERS RE6'tLTY, INC.
12.'i GRAND AVEN lE
GRANC JUNCTION, CO 81501
Phone: (970) 2. 1-3939, F flh1TIII11Q
The printed portion : of this form ,a,_
Hello