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Home My WebLink About982388.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE AND AUTHORIZE CHAIR TO SIGN -TOWN OF LASALLE 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 an Agreement for the Sale and Purchase of Real Estate between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of LaSalle, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for the Sale and Purchase of Real Estate between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of LaSalle be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 1998, nunc pro tunc October 27, 1998. BOARD OF COUNTY COMMISSIONERS WEJ� COUNTY, COLORADO ATTEST: f6� ►i-�Yter` 4� B��i1,� � `19- Constance L. Harbert, Chair Weld County Clerk t,, r , ) -, ,tivs � dot )44iz. „'l.� n n, FT W. ebster, ro-Tem BY: ., Deputy Clerk to th� r.►L.,.j \ / EXCUSED 1K. all / ge E. Baxter AP>R O FORM: 4 4 o y A orney � J %�� Barb �ara J. Kirkmeyer &C.. CA F/ La-S<CC_-c_. 982388 PR0015 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE THIS AGREEMENT is made this 27 day of October, 1998, 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 La Salle, a municipal corporation of the State of Colorado, by and through its Board of Trustees, whose address is 119 Main Street, La Salle, Colorado 80645, hereinafter referred to as "Purchaser." WITNESSETH: That in consideration of the payment by the Purchaser to the Seller of the sum of$105,000.00 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 property, including any improvements located thereon, which is described as follows: Lots 1 through 16, Block 5, McCutcheons Addition, Town of La Salle, Weld County, Colorado, according to the plat recorded July 14, 1937, in the Office of the Weld County Clerk and Recorder at Book 1023, Page 79, hereinafter referred to as the "Parcel." The agreement of sale and purchase of the Parcel is subject to the following conditions: 1. Seller shall furnish to Purchaser a Special Warranty Deed for the Parcel. Any title insurance shall be paid for by Purchaser. 2. Title for the Parcel shall be merchantable in Seller. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient Special Warranty Deed for the Parcel to Purchaser on a date certain set by mutual agreement between Seller and Purchaser, conveying the Parcel free and clear of all taxes and free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not, free and clear of all liens and encumbrances, and subject to all applicable building and zoning regulations. 3. Given that both the Seller and Purchaser are tax exempt governmental entities, no property taxes shall be apportioned between them. 4. 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. 5. Time is of the essence hereof. Page 1 of 4 Pages 93�38l 6. Possession of the Parcel shall be delivered to Purchaser upon closing and shall not 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 Parcel by Special Warranty Deed as outlined in Paragraph 2,above,and shall not merge with the Special Warranty Deed. 9. Purchaser agrees to pay for any taps for utilities extending from the street or nearest location to the Parcel, which are in addition to those already servicing the Parcel. Such utilities include, but are not limited to,the following: water, sewer, electricity, gas, and telephone. 10. 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. 11. This Agreement shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 12. The Parcel shall be delivered in the condition existing as of the date of this Agreement, ordinary wear and tear excepted. In the event the Parcel shall be damaged by fire or other casualty prior to time of closing, this Agreement may be terminated at the option of Purchaser. Should Purchaser elect to carry out this Agreement despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Parcel, not exceeding, however, the total purchase price, less the value of the land. 13. By signing this document, Purchaser acknowledges that it understands 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 Agreement. 14. The parties hereby agree that neither has made or authorized any agreement with Page 2 of 4 Pages 95 58fFl respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 15. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall,to any extent,be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 16. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement . 17. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have subscribed their names this27thday of October, 1998. SELLER: COUNTY OF WELD, A BODY CORPORA 1 E AND POLITIC OF THE STATE OF COLORADO,BY AND THROUGH THE ATTEST: ' 'lU BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO r-rZ By; Ji Deputy Clerk tot \-; By- _ Constance L. Harbert, Chair (12/09/98) Page 3 of 4 Pages 9��38? PURCHASER: TOWN OF LA SALLE, A MUNICIPAL CORPORATION OF THE STATE OF ATTEST: COLORADO, BY AND THROUGH ITS 17�� BOARD OF TRUSTEES By:atita Cam/ t 067)- Anna Fallis, Town Clerk By: G W dell, Mayor M:\W PFILES\AGREE\LASALLE.W PD Page 4 of 4 Pages /9 SPECIAL WARRANTY DEED THIS DEED, Made this 29th day of June, 1999, between the County of Weld, a body corporate and politic of the State of Colorado of the County of Weld, State of Colorado, grantor(s), and whose legal address is 915 10th Street, Greeley, Colorado 80631, and the Town of La Salle, a municipal corporation of the State of Colorado of the County of Weld, State of Colorado, whose address is 119 Main Street, La Salle, Colorado 80645, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of One-Hundred Five-Thousand DOLLARS ($105,000), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), its heirs and assigns forever, all the real property, together with improvements, in any, statute, lying and being in the County of Weld, State of Colorado, to wit: Lots 1 through 16, McCutcheons Addition, Town of La Salle, Weld County, Colorado, according to the plat recorded July 14, 1937, in the Office of the Weld County Clerk and Recorder. also known by street and number as 229 N. 1st Street, La Salle, Colorado 80645. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right,title, interest, claim and demand whatsoever of the grantor(s) either in law or equity, of, in and to the above bargained premises with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), its heirs and assigns forever. The grantor(s) for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, I, Dale K. Hall, Chairman of the Board of County Commissioners of s aid County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 9th day of December, 1998, have hereunto set my hand and affixed the seal of said County this 29th day of June, 1999, for the uses and purposes therein set forth. AT r; 4b. rn" ! /J� f /�� COUNTY OF WELD, STATE OF g 5 i D �( COLORADO, A BODY POLITIC AND L tot igkiry ' • ' ARD OF CORPORATE OF THE STATE OF e. �,n�7 11W%�� 1u TONERS COLORADO 14 wit; 1/4 i BY: ,s43i t} Rr to the Board Dale K. Hall , Chairman STATE OF COLORADO ) County of Weld ) ss. The foregoing instrument was acknowledged before me this 29th day of June, 1999, by Dale K. Hall, as Chairm. ' : +f County Commissioners of the County of Weld in the State of Colorado. =��9 .= ' •VB��, /� igY L.f 1 } ' •0t c--!' Notary Public iCitUl9-REEF A. My commis Si i ekpiiSUHUETT 43 .P 1. OF Cps.` �_ t 1/< Way Gomm/sst.,n t4vor Ocroon t.Poo, 11111111111111111111111111111 11111E1 11111111 11111111 2704190 07/06/1999 12:51P Weld County CO 1 of 1 R 0.00 D 0.00 JR Suki Tsukamoto STATEMENT OF SETTLEMENT SELLER'S JZI PURCHASER'S ❑ PROPERTY ADDRESS: N/A SELLER: The County of Weld, a political subdivision of PURCHASER: Town of La Salle,a municipal corporation the State of Colorado of the State of Colorado SETTLEMENT DATE: June 29, 1999 DATE OF PRORATION:N/A LEGAL DESCRIPTION: Lots 1 through 16, McCutcheons Addition, Town of La Salle, Weld County,Colorado,according to the plat recorded July 14, 1937, in the Office of the Weld County Clerk and Recorder. Debit Credit I. Selling Price $105,000.00 2. Deposit, paid to Seller 3. Trust Deed, payable to 4. Trust Dee, payable to 5. Trust Deed, payoff to 6. Interest on Loan Assumed 7. Title Ins. Premium 8. Abstracting: Before Sale 9. After Salt: 10. Title Exam. by: 11. Recording: Warranty Deed 12. Trust Deed 13. Release 14. Other 15. Documentary Fee 16. Certificate of Taxes Due 17. Taxes for Preceding Year(s) 18. Taxes for Current Year 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins. Prem. Assumed--Policy No. Co. $ Yr. Term Expires Premium $ Days Unused at 0 per day 23. Premium for New Insurance 24. Hazard Ins. Reserve 25. FHA Mortgage Ins.Assumed 26. FHA Mortgage Ins. Reserve 27. Loan Service Fee(Buyer) 28. Loan Discount Fee (Seller) 29. Interest on New Loan 30. Survey and/or Credit Report 3 I. Appraisal Fee 32. Water and/or Sewer 33. Rents 34. Security Deposits 35. Loan Transfer Fee 36. Loan Payment Due 37. Broker's Fee Sub-totals Balance due from Buyer $105,000.00 TOTALS $105,000.00 $105,000.00 The above figures do not include sales or use taxes on personal property. APPROVED and ACCEPTED Purchaser Seller: THE COUNTY OF WELD, STATE OF COLORADO Purchaser BY: e/ Da�Hall,Chairman Board of County Commissioners of the County of Weld, State of Colorado M'.\W PF ILES\DEEDS\SETL ASAS.WPD STATEMENT OF SETTLEMENT SELLER'S ❑ PURCHASER'S �74 PROPERTY ADDRESS: N/A SELLER: The County of Weld, a political subdivision of PURCHASER: Town of La Salle,a municipal corporation the State of Colorado of the State of Colorado SETTLEMENT DATE: June 29, 1999 DATE OF PRORATION: N/A LEGAL DESCRIPTION: Lots I through 16, McCutcheons Addition, Town of La Salle, Weld County, Colorado, according to the plat recorded July 14, 1937, in the Office of the Weld County Clerk and Recorder. Debit Credit 1. Selling Price $105,000.00 2. Deposit,paid to Seller 3. Trust Deed,payable to 4. Trust Dee,payable to 5. Trust Deed,payoff to 6. Interest on Loan Assumed 7. Title Ins. Premium 8. Abstracting: Before Sale 9. After Sale 10. Title Exam. by: I I. Recording: Warranty Deed 12. Trust Deed 13. Release 14. Other 15. Documentary Fee 16. Certificate of Taxes Due 17. Taxes for Preceding Year(s) 18. Taxes for Current Year 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins. Prem. Assumed-- Policy No. Co. $ Yr. Term Expires Premium $ Days Unused at 0 per day 23. Premium for New Insurance 24. Hazard Ins. Reserve 25. FHA Mortgage Ins. Assumed 26. FHA Mortgage Ins. Reserve 27. Loan Service Fee(Buyer) 28. Loan Discount Fee(Seller) 29. Interest on New Loan 30. Survey and/or Credit Report 31. Appraisal Fee 32. Water and/or Sewer 33. Rents 34. Security Deposits 35. Loan Transfer Fee 36. Loan Payment Due 37. Broker's Fee Sub-totals Balance due to Seller $105,000.00 TOTALS $105,000.00 $105,000.00 The above figures do not include sales or use taxes on personal property. APPROVED and ACCEPTED Purchaser: THE TO OF LA SALLE, STATE OF COLO. Seller BY: Seller Gary W d 1, Mayor Hello