HomeMy WebLinkAbout20191235.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF ASSIGNMENT OF CONTRACT TO BUY AND SELL
REAL ESTATE (1250 H STREET, GREELEY) AND AUTHORIZE CHAIR'S SIGNATURE
ON ALL 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, the Board has been presented with the Assignment of a Contract to Buy and
Sell Real Estate (Commercial) regarding a building located at 1250 H Street, Greeley, Colorado
("the Property"), for the sum of $4,700,000, and
WHEREAS, the purchase of the Property is desirable for the provision of additional offices
for County operations, and
WHEREAS, in accordance with Section 16-6 of the Weld County Home Rule Charter, a
notice dated January 23, 2019, was published February 1 and 15, 2019, in the Greeley Tribune,
the Board regarding such purchase because the amount is greater than $2,500,000, and
WHEREAS, a hearing before the Board was held on the 27th day of February, 2019, at
which time the Board deemed it advisable to continue the hearing to March 27, 2019, at 9:00 a.m.,
and
WHEREAS, the Board now deems it advisable to approve said Assignment and, therefore,
the purchase of the Property, and to authorize the Chair's signature on all necessary documents
to close said purchase.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Assignment of a Contract to Buy and Sell Real Estate (Commercial)
regarding a building located at 1250 H Street, Greeley, Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign all necessary documents to close said purchase.
CC: C�ICeitb G: (DWs, T
T I5G)
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2019-1235
PR0036
RE: APPROVE ACCEPTANCE OF ASSIGNMENT OF CONTRACT TO BUY AND SELL REAL
ESTATE (1250 H STREET, GREELEY)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WfELD COUNTY, COLORADO
ATTEST: dithiv
jek,:o.
Weld County Clerk to the Board
BY:
Deputy Cle to the Boar
APPAS TO F
ounty A orney
Date of signature: 4/7/(O
arbara Kirkmey r, Chair
Mike Freeman, Pro -Tern
2019-1235
PR0036
Wheeler Management Group
1130 38th Avenue, Suite B
Greeley, CO 80634
Phone (970115]-5860 Pax. 1970! 352-0 1 I7 www.wheelermgt.com
THIS FORM IfAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES
SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL, BEFORE SIGNNG,
CONTRACT TO BUY AND SELL REAL ESTATE
(COMMERCIAL)
(Property with No Residences)
Date: January 8. 2019
AGREEMENT
1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell, the Property described below
on the terms and conditions set forth in this contract (Contract).
2. PARTIES AND PROPERTY.
2.1. Buyer. Buyer, Great Northern Properties, [LIP and/or Assigns, will take title to the
Properly described below as a Colorado L.E.P.
2.2. Assignability. This Contract is assignable by Buyer, as specified in Additional
Provisions.
2.3. Seller. Seller, EWE Warehouse Investments XI. Ltd, is the current owner of the
Property described below,
2.4. Property. The Property is the following legally described real estate in the County of
Weld, Colorado: IA Weld County Business Park Tract C Minor; Parcel
#080331111004; Approximately 34,944 SF' office building located on
approximately 7.997 Acres (348, 349 SF) of land, known as 1250 H St., Greeley,
CO 80631, together with the interests, easements, rights, benefits, improvements and
attached fixtures appurtenant thereto, and all interest of Seller in vacated streets and
alleys adjacent thereto, except as herein excluded (Property).
2.5. Inclusions. The Purchase Price includes the following items (Inclusions):
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Seller's Initials:
Buyer's Initials:
2019-1235
2.5.1. Inclusions - Attached. if attached to the Property on the date of this Contract,
the following items are included unless excluded under Exclusions: lighting.
heating, plumbing, ventilating and air conditioning units, TV antennas, inside
telephone, network and coaxial (cable) 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),
garage door openers (including any remote controls). The following are owned by
the Seller and included (leased items should be listed under Due Diligence
Documents): solar panels, water softeners, security systems, and satellite systems
(including satellite dishes). If any additional items are attached to the Property
after the date of this Contract, such additional items are also included in the
Purchase Price.
2.5.2. Inclusions - Not Attached. lfon the Property, whether attached or not. on the
date of this Contract. the following items are included unless excluded under
Exclusions: storm windows. storm doors, window and porch shades, awnings.
blinds, screens, window coverings and treatments, curtain rods, drapery rods,
fireplace inserts, fireplace screens.. fireplace grates. healing stoves. storage sheds,
carbon monoxide alarms, smoke/tire detectors and all keys.
2.5.3. Personal Property - Conveyance. Any personal property must he conveyed at
Closing by Seller free and clear of all taxes (except personal property taxes for the
year of Closing). liens and encumbrances, Conveyance of all personal property
will be by bill of sale or other applicable legal instrument. without representations
and warranties.
2.5.4. Other Inclusions. The following items, whether fixtures or personal property are
also included in the Purchase Price: All permanently attached FF&E. Seller to
provide Buyer or Assignee of'Buyer with a list of included items on or before
Due Diligence Documents Delivery Deadline. Parties acknowledge that certain
FU&E arc owned by Startek and will he removed by Startek.
2.5.5. Parking and Storage Facilities. Ownership of the parking facilities on premises:
and ownership of the storage facilities on premises.
2.6. Exclusions. 'l'he following items arc excluded (Exclusions): Seller to provide Buyer or
Assignee of Buyer with list of excluded items, if any. on or before Due Diligence
Documents Delivery Deadline.
2.7. Water Rights, Well Rights, Water and Sewer Taps.
2.7.1. Deeded Water Rights. The following legally described v:ater rights. City water
and sewer. Any deeded water rights will be conveyed by appropriate deed at
Closing.
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Seller's Initials: _
Buyer's Initials: W Qt �_
2.7.2. Other Rights Relating to Water. The following rights relating to water not
included in §2.7.1. §2.7,3. §2.7.4 and §2.7.5, will be transferred to Buyer at
Closing: All existing water rights, if any, arc to he transferred to Buyer and/ot
Assignee at Closing.
2.7.3. Well Rights. Seller agrees to supply required information to Buyer about any
existingipermitted well on the Property. Buyer understands that if the well to be
transferred is a "Small Capacity Well'or a "Domestic Exempt Water Well." used
for ordinary household purposes. Buyer must, prior to or at Closing, complete a
Change in Ownership form for the well. If an existing well has not been
registered with the Colorado Division of Water Resources in the Department of
Natural Resources (Division). Buyer must complete a registration of existing well
form for the well and pay the cost of registration. If no person will he providing a
closing service in connection with the transaction. Buyer must file the form with
the Division within sixty days after Closing.
2.7.4. Water Stock Certificates. The water stock certificates to he transferred at
Closing are as follows: Any existing,
2.7.5. Conveyance. 1,'' Buyer is to receive any rights to water pursuant to §2.7.2 (Other
Rights Relating to Water), §2.7.3 (Well Rights). or §2.7.4 (Water Stock
Certificates), Seller agrees to convey such rights to Buyer by executing the
applicable legal instrument at Closing, if any.
3. DATES AND DEADLNES.
Item No. Retcren Event
ce
§4.3 Earnest Money Deadline
Title
§5.1 Record Title Deadline
3 §5.2 Record Title Ohjection.Deadline
4§§5.3 Oft=Record Title Deadline
5 §5.3 Off -Record Title Objection Deadline
6 5.4 Title Resolution Deadline
Seller's Property Disclosure
$ §7.1 Seller's Property Disclosure Deadline
Survey
9 §6.1 New Survey Deadline
10 §(i..3 New Survey Objection Deadline
11 ' §6i.3 ' New Survey Resolution Deadline
Inspection and Due Diligence
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Seller's initials:
Date or Deadline
5 days after MEC
10 days after MEC
47 days after MEC'
10 days after MEC
30 days after ME('
SO days after MEC
15 days aff.et Ml
40 days after MEC P
45 days after MEC 1,110/{
50 days after MEC t
Buyer's Initials: ~ �-�
12 §7.3 Inspection Objection Deadline
13 §7.3 Inspection Resolution Deadline
14 §7.5 Property Insurance Objection Deadline
15 §7.6 Due Diligence Documents Delivery
Deadline
I 6 §7.6 Due Diligence Documents Objection
Deadline
17 §7.6 Due Diligence Documents Resolution
Deadline
I8 §7.6 Environmental Inspection Objection
Deadline
19 §7.6 ADA Evaluation Objection Deadline
20 §8.1 Tenant Estoppel Statements Deadline
21 §8.2 Tenant Estoppel Statements
Objection Deadline
Closing and Possession
22 §9.2 Closing Date
23 §14
74 §14
25 §24
77 §24
28 §26.2
Possession Date
Possession Time
Acceptance Deadline Date
Acceptance Deadline Time
Buyer and/or Buyer's Assignee
acceptance of assigned existing
leases
Due Diligence Period
_
45 days after MEC
150 days after Iv1 EC
45 days after MEC
}$-e r e1---tat•fiif_''
45 days after MEC
50 days after MEC
45 days after MEC
45 days after MEC
40 days after MEC
45 days after MEC
60 days after MEC'
or sooner
Date of Closing
Time of Closing
January 15, 2019
12:00 noon
45 days from MEC
45 days from MEC
3.1. Applicability of Terms. Any box checked in this Contract means the corresponding
provision applies. Any box, blank or line in this Contract left blank or completed with
the abbreviation "N/A." or the word "Deleted" means such provision, including any
deadline, is not applicable and the corresponding provision of this Contract to which
reference is made is deleted. 11'no box is checked in a provision that contains a
selection of "None." such provision means that "None" applies. The abbreviation
"MEC" (mutual execution of this Contract) means the date upon which both parties
have signed this Contract.
4. PURCHASE PRICE AND TERMS.
4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by
I3u',er as follows:
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Seller's Initials:
Buyer's Initials �%
Item No. Reference Item
§4.1 Purchase Price
§§4.3 Earnest Money
§4.3 Second Deposit
§4.4 Cash at Closing
TOTAL
1
Amount Amount
S '4, 700. 000.00
$ 100. 000. 00
Nr A $ 100. 000.00
$ 4, 500. 000.00
4.700.000.0 $ 4. 700, 000. 0
0
4.2. Seller Concession. At Closing. Seller will credit to Buyer $ N/A (Seller Concession).
The Seller Concession may be used for any Buyer fee, cost, charge or expenditure to
the extent the amount is allowed by the Buyer's lender and is included in the Closing
Statement or Closing Disclosure, at Closing. Examples of allowable items to be paid
for by the Seller Concession include, but are not limited to: Buyer's closing costs, loan
discount points, loan origination fees, prepaid items and any other fee. cost. charge.
expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to
pay or credit Buyer elsewhere in this Contract.
4.3. Earnest Money. The Earnest Money set forth in this section, in the form of a Buyer's
or Assignee of Buyer's Business Check or Wire, will be payable to and held by Unified
Title Company. Greeley, CO (Earnest Money holder), in its trust account. on behalf of
both Seller and Buyer. The Earnest Money deposit must be tendered. by Buyer, with
this Contract. The second Earnest Money deposit is due on the expiration of the Due
Diligence Period. The parties authorize delivery of the Earnest Money deposit to the
company conducting the Closing (Closing Company), if any, at or before Closing. In
the event Earnest Money Holder has agreed to have interest on Earnest Money deposits
transferred to a fund established for the purpose of providing affordable housing to
Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing
on the Earnest Money deposited with the Earnest Money Holder in this transaction will
be transferred to such fund.
4.3.1. Return of Earnest Money. If Buyer has a Right to Terminate and timely
terminates, Buyer is entitled to the return of Earnest Money as provided in this
Contract, provided Buyer or the Assignee of Buyer returns the Due Diligence
Materials to Seller. If this Contract is terminated as set forth in §21 and, except as
provided in §20, if the Earnest Money has not already been returned following
receipt of a Notice to Terminate, Seller agrees to execute and return to Buyer or
Broker working with Buyer, written mutual instructions (e.g.. Earnest Money
Release form). within three days of Seller's receipt of such form.
4.4. Form of Funds; Time of Payment; Available Funds.
4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan
proceeds, Cash at Closing and closing costs, must be in funds that comply with
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Seller's Initials:
Buyer's initials: —
all applicable Colorado laws, including electronic transfer funds. certified
check, savings and loan teller's check and cashier's check (Good Funds).
4.4.2. Time of Payment; Available Funds. All funds. including the Purchase Price to
be paid by Buyer. must he paid before or at Closing or as otherwise agreed in
writing between the parties to allow disbursement by Closing Company at
Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer
represents that Buyer and Assignee of Buyer. as of the date of this Contract. do
have funds that are immediately verifiable and available in an amount not less
than the amount stated as Cash at Closing in §4.1.
TRANSACTION PROVISIONS
5. TITLE INSURANCE, RECORD TITLE AND OFF -RECORD TIT1,1,.
5.1. Evidence of Record Title.
5.1.1, Buyer Selects Title Insurance Company. Buyer will select the title insurance
company to furnish the owner's title insurance policy at Buyer's expense. On or
before Record Title Deadline, Buyer must furnish to Seller, a current
commitment for owner's title insurance policy (Title Commitment), in an amount
equal to the Purchase Price. Seller agrees to deliver a copy of its existing owner's
title policy to Buyer's Title Insurance Company.
5.1.2. Owner's Extended Coverage (OEC). The Title Commitment will contain
Owner's Extended Coverage (OEC), If the Title Commitment is to contain OEC,
it will commit to delete or insure over the standard exceptions which relate to: (I)
parties in possession, (2) unrecorded easements, (3) survey matters, (4)
unrecorded mechanics' liens. (5) gap period (period between the effective date
and time of commitment to the date and time the deed is recorded). and (6) unpaid
taxes, assessments and unredeemed tax sales prior to the year of Closing. Any
additional premium expense to obtain OEC will be paid by Buyer or Buyer's
Assignee. Regardless of whether the Contract requires OEC, the Title Insurance
Company may not provide OEC or delete or insure over any or all of the standard
exceptions for OEC. The Title Insurance Company may require a New Survey,
defined below, among other requirements for OEC. If the Title Insurance
Commitment is not satisfactory to Buyer, Buyer has a right to object under §5.4
(Right to Object to Title, Resolution).
5.1.3. Title Documents, Title Documents consist of the following: (1) copies of any
plats, declarations, covenants, conditions and restrictions burdening the Property.
and (2) copies of any other documents (or, if illegible, summaries of such
documents) listed in the schedule of exceptions (Exceptions) in the Title
Commitment furnished to Buyer (collectively, Title Documents).
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Seller's Initials:
Buyer's Initials:
5.1.4. Copies of Title Documents. Buyer must receive, on or before Record Title
Deadline, copies of all Title Documents. This requirement pertains only to
documents as shown of record in the office of the Weld County Clerk and
Recorder. The cost of furnishing copies of the documents required in this Section
will be at the expense of the Buyer or the Buyer's Assignee.
5.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title
Commitment and any of the Title Documents as set forth in §5,4 (Right to Object to
Title, Resolution) on or before Record Title Objection Deadline, Buyer's objection
may be based on any unsatisfactory form or content of the Title Commitment.
notwithstanding §10. or any other unsatisfactory title condition, in Buyer's sole
subjective discretion. If the Title Commitment or Title Documents are not received by
Buyer on or before the Record Title Deadline, or if there is an endorsement to the
Title Commitment that adds a new Exception to title, a copy of the new Exception to
title and the modified Title Commitment will be delivered to Buyer. Buyer has until
the earlier of Closing or ten days after receipt of such documents by Buyer to review
and object to: (I ) any required Title Document not timely received by Buyer, (2) any
change to the Title Commitment or Title Documents, or (3) any endorsement to the
Title Commitment, If Seller receives Buyer's Notice to Terminate or Notice of Title
Objection, pursuant to this §5.2 (Record Title), any title objection by Buyer is governed
by the provisions set forth in §5.4 (Right to Object to Title. Resolution). If Seller has
fulfilled all Seller's obligations, if any. to deliver to Buyer all documents required by
§5.1 (Evidence of Record Title) and Seller does not receive Buyer's Notice to
Terminate or Notice of Title Objection by the applicable deadline specified above.
Buyer accepts the condition of title as disclosed by the Title Commitment and Title
Documents as satisfactory.
5.3, Off -Record Title. Seller must deliver to Buyer, on or before the Off -Record Title
Deadline, true copies of all existing surveys in Seller's possession pertaining to the
Property and must disclose to Buyer all easements, liens (including, without limitation,
governmental improvements approved, but not yet installed) or other title matters
(including, without limitation, rights of first refusal and options) not shown by public
records, of which Seller has actual knowledge (Off -Record Matters). Buyer has the
right to inspect the Property to investigate if any third party has any right in the
Property not shown by public records (e.g.. unrecorded easement, boundary line
discrepancy or water rights). Buyer's Notice to Terminate or Notice of Title Objection
of any unsatisfactory condition (whether disclosed by Seller or revealed by such
inspection, notwithstanding §5.2 and §10). in Buyer's sole subjective discretion, must
be received by Seller on or before Off -Record Title Objection Deadline. If an Off-
Record Matter is received by Buyer after the Off -Record Title Deadline. Buyer has
until the earlier of Closing or ten days after receipt by Buyer to review and object to
such Off -Record Matter. If Seller receives Buyer's Notice to Terminate or Notice of
Title Objection pursuant to this §5.3 (Off -Record Title), any title objection by Buyer
and this Contract are governed by the provisions set forth in §5.4 (Right to Object to
Title, Resolution). If Seller does not receive Buyer's Notice to Terminate or Notice of
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Seller's Initials:
Buyer's Inirialk,
Title Objection by the applicable deadline specified above. Buyer accepts title subject
to such rights if any, of third parties of which Buyer has actual knowledge.
5.4. Right to Object to Title, Resolution. Buyer's right to object to any title matters
includes, but is not limited to. those matters set forth in §5.2 (Record Title). §5.3 (Off -
Record "l itle) and §10 (Transfer of Title). in Buyer's sole subjective discretion. if
Buyer objects to any title matter, on or before the applicable deadline, Buyer has the
following options;
5.4.1. Title Objection, Resolution. If Seller receives Buyer's written notice objecting
to any title matter (Notice of Title Objection), on or before the applicable
deadline, and if Buyer and Seller have not agreed to a written settlement thereof
on or before Title Resolution Deadline, this Contract will terminate on the
expiration of Title Resolution Deadline. unless Seller receives Buyer's written
withdrawal of Buyer's Notice of Title Objection (i.e.. Buyer's written notice to
waive objection to such items and waives the Right to Terminate for that reason).
on or before expiration of Title Resolution Deadline. If either the Record Tide
Deadline or the Off -Record Title Deadline, or both. are extended to the earlier of'
Closing or ten days after receipt of the applicable documents by Buyer, pursuant
to §5.2 (Record Title) or §5,3 (Off -Record "Title). the Title Resolution Deadline
also will be automatically extended to the earlier of Closing or fifteen days after
Buyer's receipt of the applicable documents: or
5.4,2 Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate
under §21.1, on or before the applicable deadline, based on any unsatisfactory
title matter, in Buyer's sole subjective discretion. Seller shall only be required to
cure objections that it agrees to in writing to cure, and if Seller fails to respond.
then Seller shall be deemed to have elected not to cure any of the objections.
5.5. Special Districts. SPECIAL TAXING DISTRICTS MAYBE SUBJECT TO
GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES
PRODUCED FROM ANNUAL. TAX LEVIES ON THE TAXABLE PROPERTY
WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY
BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT
SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING
IN INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS
WITHOUT SUCH AN INCREASE IN LEVIES. BUYERS SHOULD INVESTIGATE
THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED
BY CONTACTNG TIIE WELD COUNTY TREASURER, BY REVIEWING THE
CERTIFICATE OF DUE FOR PROPERTY, AND BY OBTAINING FURTHER
INFORMATION FROM THE BOARD OF WELD COUNTY COMMISSIONERS,
THE WELD COUNTY CLERK AND RECORDER, OR THE WELD COUNTY
ASSESSOR.
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Seller's Initials:
Buyer's Initials:
Buyer has the Right to Terminate under §21.1. on or before Off -Record Title
Objection Deadline. based on any unsatisfactory effect of the Property being located
within a special taxing district. in Buyer's sole subjective discretion.
5.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the
Property. or a right to approve this Contract. Seller must promptly submit this Contract
according to the terms and conditions of such right. If the holder of the right of first
refusal exercises such right or the holder of a right to approve disapproves this
Contract. this Contract will terminate. If the right of first refusal is waived explicitly or
expires. or the Contract is approved, this Contract will remain in full force and effect.
Seller must promptly notify Buyer in writing of the foregoing. If expiration or waiver
of the right of first refusal or approval of this Contract has not occurred on or before
Right of First Refusal Deadline, this Contract will then terminate
5.7. Title Advisory. The Title Documents affect the title, ownership and use of the
Property and should be reviewed carefully. Additionally, other matters not reflected in
the Title Doctunents may affect the title. ownership and use of the Property, including.
without limitation. boundary lines and encroachments, set -back requirements. area,
zoning, building code violations, unrecorded easements and claims of easements, leases
and other unrecorded agreements, water on or under the Property. and various laws and
governmental regulations concerning land use. development and environmental
matters.
5.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE
ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM 1HE
UNDERLYNG MINERAL ESTATE, AND TRANSFER OF THE SURFACE
ESTATE MAY NOT NECESSARILY INCI UDE TRANSFER OF THE
MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR
LEASE INTERESTS EN OIL. GAS. OTHER MINERALS, GEOTHERMAL,
ENERGY OR WATER ON OR UNDER SURFACE OF THE PROPERTY.
WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE
SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL.
GAS OR WATER.
5.7.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE
OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY
BE GOVERNED BY A SURFACE USE AGREEMENT, A
MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED
WITH THE WELD COUNTY CLERK AND RECORDER.
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Seller's Initials:
Ci
Buyer's Initials: \-kj
5.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR
ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT iS NOT
LIMITED TO, SURVEYING. DRILLING, WELL COMPLETION
OPERATIONS, STORAGE. OIL AND GAS, OR PRODUCTION FACILIT I.S.
PRODUCING WEi LS, REWORKING OF CURRENT WELLS. AND GAS
GATHERING AND PROCESSING FACILITIES.
5,7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK
ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY
ON OR ADJACENT TO THE PROPERTY, INCLUDNO DRI LiNG PERMIT
APPLICATIONS, THIS INFORMATION MAY BE AVAILABLE FROM
THE COLORADO O11, AND GAS CONSERVATION COMMISSION.
5.7.5. Title Insurance Exclusions. Matters set forth in this Section, and others, may
be excepted, excluded from. or not covered by the owner's title insurance
policy.
5.8. Consult an Attorney. Buyer is advised to timely consult legal counsel with respect to
all such matters as there are strict time limits provided in this Contract (e.g.. Record
Title Objection Deadline and Off -Record Title Objection Deadline).
6, NEW SURVEY.
6.1. New Survey. A New Survey in the form of a Survey acceptable to Buyer's Title
Insurance Company to remove survey exception is required and the following will
apply:
6.1.1. Ordering of New Survey. Buyer will order the New Survey. The New Survey
may also be a previous survey that is in the above -required form, certified and
updated as of a date after the date of this Contract.
6.1.2. Payment for New Survey. The cost of the New Survey will he paid, on or
before Closing by Buyer. Seller shall provide Buyer with a copy of its
existing survey. The New Survey shall be at Buyer's sole cost and expense.
6.1.3. Delivery of New Survey. Buyer, Seller, the issuer of the Title Commitment.
Buyer's Assignee and Buyer's attorney will receive New Survey on or before the
New Survey Deadline.
6.1.4. Certification of New Survey. The New Survey will he certified by the surveyor
to all those who are to receive the New Survey.
6.2. Buyer's Right to Waive or Change New Survey Selection. Buyer may select a New
Survey different than initially specified in this Contract or change to the New Survey
Objection Deadline. Buyer may. in Buyer's sole subjective discretion, waive a New
Survey.
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Seller's Initials:
Buyer's InitiAIs: Lt
6.3. New Survey Objection. Buyer has the right to review and object to the New
Survey. If the New Survey is not timely received by Buyer or is unsatisfactory to
Buyer. in Buyer's sole subjective discretion. Buyer may, on or before New Survey
Objection Deadline. notwithstanding §5.3 or §10:
6.3.1, Notice to Terminate. Notify Seller in writing that this Contract is terminated:
or
6.3.2. New Survey Objection. Deliver to Seller a written description ot'any matter
that was to be shown or is shown in the New Survey that is unsatisfactory and
that Buyer requires Seller to correct.
6.3.3. New Survey Resolution. If a New Survey Objection is received by Seller. on
or before the New Survey Objection Deadline, and if a Buyer and Seller have
not agreed in writing to a settlement thereof on or before the New Survey
Resolution Deadline, this Contract will terminate on expiration of the New
Survey Resolution Deadline, unless Seller receives Buyer's written withdrawal
of the New Survey Objection before such termination, i.e., on or before
expiration of the New Survey Resolution Deadline.
DISCLOSURE, INSPECTION AND DUE DILIGENCE
7. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY AND
DUE DILIGENCE.
7.1, Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline.
Seller agrees to deliver to Buyer the most current version of the applicable Colorado
Real Estate Commission's Seller's Property Disclosure form completed by Seller to
Seller's actual knowledge. current as of the date of this Contract.
7.2. Disclosure of Latent Defects; Present Condition. Seller must disclose to Buyer any
latent defects actually known by Seller. Seller agrees that disclosure of latent defects
will be in writing if'any are known by Seller. Except as otherwise provided in this
Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an "As
Is" condition. "Where is" and "With All Faults."
7.3. Inspection. Unless otherwise provided in this Contract, Buyer. acting in good faith. has
the right to have inspections (by one or more third parties, personally or both) of the
Property and Inclusions (Inspection), at Buyer's expense. Buyer must give 48 hours
advance notice to Seller and be accompanied by a representative of Seller during the
inspection. If (1) the physical condition of the Property, including, but not limited to.
the roof: walls, structural integrity of the Property. the electrical, plumbing. HVAC and
other mechanical systems of the Property, (2) the physical condition ol'the Inclusions,
(3) service to the Property (including utilities and communication services), systems
and components of the Property (e.g. heating and plumbing), (4) any proposed or
existing transportation project, road. street or highway. or (5) any other activity. odor or
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Seller's Initials:
Buyer's Initials: -.:1•1"""--3
noise (whether on or off the Property) and its effect or expected effect on the Property
or its occupants is unsatisfactory, in Buyer's sole subjective discretion. Buyer may, on
or before inspection Objection Deadline:
7.3.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
7.3.2. Inspection Objection. Deliver to Seller a written description of any
unsatisfactory physical condition that Buyer requires Seller to correct.
7.3.3. Inspection Resolution. Ilan Inspection Objection is received by Seller. on or
before Inspection Objection Deadline. and if Buyer and Seller have not agreed
in writing to a settlement thereof on or before Inspection Resolution Deadline
this Contract will terminate on Inspection Resolution Deadline unless Seller
receives Buyer's written withdrawal of the Inspection Objection before such
termination. i.e.. on or before expiration of inspection Resolution Deadline.
7.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract
or other written agreement between the parties, is responsible for payment for all
inspections, tests, surveys. engineering reports. or other reports performed at Buyer's
request (Work) and must pay for or restore any damage that occurs to the Property and
inclusions as a result of such Work. Buyer must not permit claims or liens of any kind
against the Property for Work performed on the Property. Buyer agrees to indemnify.
protect and hold Seller harmless from and against any liability, damage, cost or expense
incurred by Seller and caused by any such Work, claim, or lien. This indemnity
includes Seller's right to recover all costs and expenses incurred by Seller to defend
against any such liability, damage, cost or expense, or to enforce this section, including
Seller's reasonable attorney fees, legal fees and expenses. The provisions of this section
survive the termination of this Contract. This §7.4 does not apply to items performed
pursuant to an Inspection Resolution. All reports must he delivered to Seller, and all
inspectors must be licensed and insured in amounts not less than $1,000,000.00 and
such insurance shall name Seller as an additional insured.
7.5. Insurability. Buyer has the right to review and object to the availability, terms and
conditions of and premium for property insurance (Property Insurance). Buyer has the
Right to Terminate under §21.1, on or before Property insurance Objection
Deadline, based on any unsatisfactory provision of the Property Insurance, in Buyer's
sole subjective discretion.
7.6. Due Diligence.
7.6,1. Due Diligence Documents, Seller agrees to deliver copies of the following
documents and information pertaining to the Property (Due Diligence
Documents) to Buyer on or before Due Diligence Documents Delivery
Deadline:
Seller's Initials:
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Buyer's initials:.. __ J
7.6.1.L All contracts relating to the operation, maintenance and management of the
Property;
7.6.1.2. Property tax hills for the last 2 ) ears:
7.6.1.3. A list of all Inclusions to he conveyed to Buyer:
7.6.L4. All current leases, including any amendments or other occupancy
agreements, pertaining to the Property. Those leases or other occupancy
agreements pertaining to the Property that survive Closing are as follows
(Leases): Existing Lease with Startek. Buyer or Assignee of Buyer agree
that any proceeds received by Seller from early termination of existing lease
shall belong to Seller per §26.1.
7.6.1.5. All insurance policies pertaining to the Property and :::opies of any claims
which have been made for the past 2 years:
7.6.1.6. Soils reports, surveys and engineering reports or data pertaining to the
Property (if not delivered earlier under §5.3);
7.6.1.7. Any and all existing documentation and reports regarding Phase I and tl
environmental reports. letters, test results. advisories, and similar documents
respective to the existence or nonexistence of asbestos, PCB transformers.
or other toxic, hazardous or contaminated substances, and/or underground
storage tanks and/or radon gas. If no reports are in Seller's possession or
known to Seller, Seller warrants that no such reports are in Seller's
possession or known to Seller:
7.6.1.8. Any Americans with Disabilities Act reports. studies or surveys concerning
the compliance of the Property with said Act;
7.6.1.9. All permits, licenses and other building or use authorizations issued by any
governmental authority with jurisdiction over the Property and written
notice of any violation of any such permits, licenses or use authorizations, if
any: and
7.6.1.10. Other documents and information: Any documents pertinent to the Property
in Seller's possession. All materials made available to Seller shall be
deemed without representation of warranty by Seller as to the accuracy of
such materials or the ability of Buyer to rely upon such materials. The
materials shall be kept in confidence by Buyer_
7.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review
and object to Due Diligence Documents. If the Due Diligence Documents are not
supplied to Buyer or are unsatisfactory in Buyer's sole subjective discretion.
Buyer may, on or before Due Diligence Documents Objection Deadline:
•
Seller's Initials:
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Buyer's Initials: �'
7.6.2.1. Notice to Terminate. Notify Seller in writing that this Contract is
terminated: or
7.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written
description of any unsatisfactory Due Diligence Documents that Buyer
requires Seller to correct,
7.6.2.3. Due Diligence Documents Resolution. Ifa Due Diligence Documents
Objection is received by Seller, on or before Due Diligence Documents
Objection Deadline. and if Buyer and Seller have not agreed in writing to a
settlement thereof on or before One Diligence Documents Resolution
Deadline, this Contract will terminate on the Due Diligence Documents
Resolution Deadline unless Seller receives Buyer's written withdrawal of
the Due Diligence Documents Objection before such termination, re.. on or
before expiration of Due Diligence Documents Resolution Deadline.
7.6,3. Zoning. Buyer has the Right to Terminate under §2 I.I, on or before Due
Diligence Documents Objection Deadline, based on any unsatisfactory zoning
and any use restrictions imposed by any governmental agency with jurisdiction
over the Property. in Buyer's sole subjective discretion.
7.6.4. Due Diligence - Environmental, ADA. Buyer has the right to obtain
environmental inspections of the Property including Phase I and Phase II
Environmental Site Assessments. as applicable. Buyer will order or provide
Phase I Environmental Site Assessment, Phase Ii Environmental Site
Assessment (compliant with most current version of the applicable ASTM E1527
standard practices for Environmental Site Assessments) (Environmental
Inspection). Without representation of warranty. Seller shall provide Buyer any
existing Phase I report. In addition. Buyer. at Buyer's expense. may also conduct
an evaluation whether the Property complies with the Americans with Disabilities
Act (ADA Evaluation). All such inspections and evaluations must be conducted at
such times as arc mutually agreeable to minimize the interruption of Seller's and
any Seller's tenants' business uses of the Property. if any. If Buyer's Phase I
Environmental Site Assessment recommends a Phase II Environmental Site
Assessment, the Environmental Inspection Objection Deadline will be
extended by 30 days (Extended Environmental Inspection Objection Deadline)
and if such Extended Environmental Inspection Objection Deadline extends
beyond the Closing Date. the Closing Date will be extended a like period of
time. In such event, Buyer must pay the cost for such Phase I1 Environmental Site
Assessment. Notwithstanding Buyer's right to obtain additional environmental
inspections of the Property in this §7.6.4, Buyer has the Right to Terminate under
§21.1, on or before Environmental Inspection Objection Deadline, or if
applicable, the Extended Environmental Inspection Objection Deadline, based on
any unsatisfactory results of Environmental Inspection. in Buyer's sole subjective
discretion. All reports conducted shall be delivered to Seller. Buyer has the
Seller's Initials: _
Page 14 of 24
Buyer's Initials: —��.)
Right to Terminate under §21.1, on or before ADA Evaluation Objection
Deadline, based on any unsatisfactory ADA Evaluation, in Buyer's sole
subjective discretion.
7.7. Existing Leases; Modification of Existing Leases; New Leases. Seller states that the
only current Lease of the Property is to Startek. Seller represents to Buyer that Seller
will terminate the Startek Lease to end on or before em er . _ , as represented
in §26.1 on terms acceptable to Seller in it's sole and absolute discretio . Seller will not
enter into any new leases affecting the Property without the prior writte consent of
Buyer. which consent will not be unreasonably withheld or delayed.
8. TENANT ESTOPPFJ. STATEMVNTS.
8.1. Tenant Estoppel Statements Conditions. lithe Startek Lease is not terminated, then
Buyer has the right to review and object to any Estoppel Statements. Seller must obtain
and deliver to Buyer on or before Tenant Estoppel Statements Deadline, statements
in a form and substance reasonably acceptable to Buyer, from each occupant or tenant
at the Property (Estoppel Statement) attached to a copy of the Lease stating:
8.1.1. The commencement date of the !.ease and scheduled termination date of the
Lease:
8.1.2. That said Lease is in full force and effect and that there have been no
subsequent modifications or amendments;
8.1.3. The amount of any advance rentals paid, rent concessions given, and deposits
paid to Seller:
8.1.4. The amount of monthly (or other applicable period) rental paid to Seller;
8.13. That there is no default under the terms of said Lease by landlord or occupant:
and
8.1.6. That the I .ease to which the Estoppel is attached is a true, correct and complete
copy of the I ease demising the premises it describes.
8.2. Tenant Estoppel Statements Objection. If the Startek Lease is not terminated. then
Buyer has the Right to Terminate under §21.1, on or before Tenant Estoppel
Statements Objection Deadline, based on any unsatisfactory Estoppel Statement, in
Buyer's sole subjective discretion, or if Seller fails to deliver the Estoppel Statements on
or before Tenant Estoppel Statements Deadline. Buyer also has the unilateral right to
waive any unsatisfactory Estoppel Statement.
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Buyer's Initials•
CLOSING PROVISIONS
9. CLOSNG DOCUMENTS, INSTRUCTIONS AND CLOSING.
9.1. Closing Instructions. Colorado Real Estate Commission's Closing Instructions are
not executed with this Contract.
9.2. Closing. Delivery of deed from Seller to Buyer will he at closing (Closing). (.'losing
will be on the date specified as the Closing Date or by mutual agreement at an earlier
date. The hour and place of Closing will he as designated by mutual agreement of
Seller, Buyer and Title Company.
9.3. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs. quality,
and extent of service vary between different settlement service providers (e.g.,
attorneys, lenders. inspectors and title companies).
10. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and
compliance by Buyer with the other terms and provisions hereof, Seller must execute and
deliver a good and sufficient Special Warranty Deed to Buyer. at Closing, conveying the
Property free and clear of all taxes except the general taxes for the year of Closing. Except
as provided herein. title will he conveyed free and clear of all liens, including any
governmental liens for special improvements installed as of the date of Buyer's signature
hereon. whether assessed or not. Title shall be conveyed subject to:
10.1. Those specific Exceptions described by reference to recorded documents as reflected in
the Title Documents accepted by Buyer in accordance with Record Title,
10.2. Distribution utility easements (including cable TV),
10.3. Those specifically described rights of third parties not shown by the public records of
which Buyer has actual knowledge and which were accepted by Buyer in accordance
with Off -Record Title and New Survey..
10.4. inclusion of the Property within any special taxing district, and
10.5. Any special assessment if the improvements were not installed as of the date of Buyer's
signature hereon, whether assessed prior to or after Closing. and
10.6. Any other exceptions not objected to by Buyer, and/or Buyer's Assignee within the
record tide objection period.
11. PAYMENT OF ENCUMBRANCES. Any encumbrance required to he paid will be paid
at or before Closing from the proceeds of this transaction or from any other source
Paee 16 of 24
Seller's Initials.
Buyer's Initials:
12_ CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES.
12.1. Closing Costs. Buyer and Seller must pay. in Good Funds. their respective closing
costs and all other items required to be paid at Closing, except as otherwise provided
herein.
12.2. Closing Services Fee. The fee for real estate dosing services most be paid at
Closing. One -Half by Buyer and One -Half by Seller.
12.3. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction
must he paid when due by Buyer Seller One -Half by Buyer and One-half by Seller.
13. PRORATIONS. The following will he prorated to Closing Date. except as otherwise
provided:
13.1. Taxes. Personal property taxes, if any. special taxing district assessments, if any. and
general real estate taxes for the year of Closing, based on the Most Recent Mill Levy
and Most Recent Assessed Valuation.
13.2. Other Prorations. Water and sewer charges, propane, interest on continuing loan. and
prorations normal to the sale of commercial property in the City of Greeley.
13.3. Final Settlement. Unless otherwise agreed in writing, these prorations are final.
14. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at
Possession Time, subject to no pending Leases.
GENERAL PROVISIONS
15. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE.
1 51. Day. As used in this Contract, the term "day" means the entire day ending at 11:59
p.m.. United States Eastern Time (Standard or Daylight Savings as applicable).
15.2. Computation of Period of Days, Deadline. In computing a period of days, when the
ending date is not specified, the first day is excluded and the last day is included (e.g.,
three days after MEC). If any deadline falls on a Saturday, Sunday or federal or
Colorado state holiday (Holiday), such deadline will be extended to the next day that
is not a Saturday, Sunday or Holiday.
16. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND
SERVICES; CONDEMNATION; AND WALK-THROUGH. Except as otherwise
provided in this Contract. the Property, Inclusions or both will be delivered in the
condition existing as of the date of this Contract. ordinary wear and tear excepted.
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Buyer's Initials:.
16.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by
fire. other perils or causes of loss prior to Closing in an amount of not more than 25
percent of the total Purchase Price (Property Damage), and if the repair of the damage
will be paid by insurance (other than the deductible to be paid by Seller). then Seller,
upon receipt of the insurance proceeds. "ill use Seller's reasonable efforts to repair the
Property before Closing Date. Buyer has the Right to Terminate under §21. 1. on or
before Closing Date if the Property is not repaired before Closing Date or if the
damage exceeds such sum. Should Buyer elect to carry out this Contract despite such
Property i)amage, Buyer is entitled to a credit at Closing for all insurance proceeds that
were received by Seller (hut not the Association, if any) resulting from damage to the
Property and Inclusions, plus the amount of any deductible provided for in the
insurance policy. This credit may not exceed the Purchase Price. In the event Seller has
not received the insurance proceeds prior to Closing, the parties may agree to extend
the Closing Date to have the Property repaired prior to Closing or. at the option of
Buyer. (1) Seller must assign to Buyer the right to the proceeds at Closing. if acceptable
to Seller's insurance company and Buyer's lender: or (2) the parties may enter into a
written agreement prepared by the parties or their attorney requiring the Seller to
escrow at Closing from Seller's sale proceeds the amount Seller has received and will
receive due to such damage. not exceeding the total Purchase Price, plus the amount of
any deductible that applies to the insurance claim.
16.2. Damage, inclusions and Services. Should any Inclusion or Service (including utilities
and communication services), system, component or fixture of the Property
(collectively Service) (e.g.. heating or plumbing). fail or be damaged between the date
of this Contract and Closing or possession, whichever is earlier. then Seller is liable for
the repair or replacement of such Inclusion or Service with a unit of similar size, age
and quality, or an equivalent credit. less any insurance proceeds received by Buyer
covering such repair or replacement. If the tailed or damaged Inclusion or Service is
not repaired or replaced on or before Closing or possession. whichever is earlier, Buyer
has the Right to "Terminate under §21.1, on or before Closing Date, or, at the option of
Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such
Inclusion or Service. Such credit must not exceed the Purchase Price.
16.3. Condemnation. in the event Seller receives actual notice prior to Closing that a
pending condemnation action may result in a taking of all or part of the Property or
Inclusions. Seller must promptly notify Buyer, in writing, of' such condemnation action.
Buyer has the Right to Terminate under §21.1. on or before Closing Date. based on
such condemnation action, in Buyer's sole subjective discretion. Should Buyer elect to
consummate this Contract despite such diminution of value to the Property and
Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds
awarded to Seller for the diminution in the value of the Property or inclusions. but such
credit will not include relocation benefits or expenses. or exceed the Purchase Price
Page IR of 24
Sciler's Initials:
Buyei's Initiate
16.4. Walk -Through and Verification of Condition. Buyer, upon reasonable notice. has
the right to walk through the Property prior to Closing to verify that the physical
condition of the Property and Inclusions complies with this Contract.
17. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract.
Buyer and Seller acknowledge that the respective broker has advised that this Contract has
important legal consequences and has recommended the examination of title and consultation
with legal and tax or other counsel before signing this Contract.
18. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates
and deadlines in this Contract. This means that all dates and deadlines are strict and absolute.
If any payment due, including Earnest Money and additional deposit, is not paid, honored or
tendered when due. or if any obligation is not performed timely as provided in this Contract
or waived, the non -defaulting party has the following remedies:
18.1. If Buyer is in Default.
18.1.1. Liquidated Damages, Applicable. Seller may cancel this Contract. All Earnest
Money (whether or not paid by Buyer) will be paid to Seller and retained by
Seller. It is agreed that the Earnest Money specified in §4.1 is LIQUIDATED
DAMAGES, and not a penalty, which amount the parties agree is fair and
reasonable and (except as provided in §7.4. §19. §20 and §21). said payment of
Earnest Money is SELLER'S ONLY REMEDY for Buyer's failure to perform the
obligations of this Contract. Seller expressly waives the remedies of specific
performance and additional damages.
18.2. If Seller is in Default: Buyer may elect to either (i) treat this Contract as canceled, in
which case all Earnest Money received hereunder will be returned and Buyer or lii)
Buyer may elect to treat this Contract as being in full force and effect and Buyer has the
right to specific performance. These are the sole and exclusive remedies of Buyer.
19. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding.
in the event of any litigation relating to this Contract, prior to or after Closing Date, the court
must award to the prevailing party all reasonable costs and expenses, including reasonable
attorney fees, legal fees and expenses.
20. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money
Holder must release the Earnest Money following receipt of a written termination notice
from Buyer (together with copies of the reports) or a default notice from Seller. in the event
of any controversy regarding the Earnest Money, Earnest Money Holder is not required to
release the Earnest Money. Earnest Money Holder. in its sole subjective discretion, has
several options: (I) wait for any proceeding between Buyer and Seller; (2) interplead all
parties and deposit Earnest Money into a court of competent jurisdiction, (Earnest Money
Holder is entitled to recover court costs and reasonable attorney and legal tees incurred with
such action): or (3) provide notice to Buyer and Seller that unless Earnest Money Holder
receives a copy of the Summons and Complaint or Claim (between Buyer and Seller,
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Seller's Initials:
Buyer's Initials �--
containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of
Earnest Money !folder's notice to the parties, Earnest Money Holder is authorized to return
the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the
Lawsuit and has not interpled the monies at the time of any Order, Earnest Money Holder
must disburse the Earnest Money pursuant to the Order (tithe Court, This Section will
survive cancellation or termination of this Contract.
21. TERMINATION,
21,1. Right to Terminate. if a party has a right to terminate, as provided in this Contract
(Might to Terminate), the termination is effective upon the other party's receipt of a
written notice to terminate (Notice to Terminate). provided such written notice was
received on or before the applicable deadline specified in this Contract. if the Notice to
Terminate is not received on or before the specified deadline, the party with the Right
to Terminate accepts the specified matter, document or condition as satisfactory and
waives the Right to Terminate under such provision.
21.2. Effect of Termination. In the event this Contract is terminated. all Earnest Money
received hereunder will be returned and the parties are relieved of all obligations
hereunder, subject to §7.4, § 19. and §20.
22. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This
Contract, its exhibits and specified addenda, constitute the entire agreement between the
parties relating to the subject hereof, and any prior agreements pertaining thereto, whether
oral or have been merged and integrated into this Contract. No subsequent modification of'
any of the terms of this Contract is valid, binding upon the parties. or enforceable unless
made in writing and signed by the parties. Any right or obligation in this Contract that. by its
terms, exists or is intended to be performed after termination or Closing survives the same.
Any successor to a Party receives the predecessor's benefits and obligations of this Contract.
23. NOTICE, DELIVERY, AND CHOICE OF' LAW.
23.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in
writing and is effective when physically or electronically received by such party, any
individual named in this Contract to receive documents or notices for such party.
(except any notice or delivery after Closing must be received by the party. not Broker
or Brokerage Firm). Notices must include copies to each party's lawyers.
23.2. Electronic Notice. As an alternative to physical delivery, any notice. maybe
delivered in electronic form to Buyer or Seller, any individual named in this
Contract to receive documents or notices for such party (except any notice or
delivery after Closing must be received by the party; not Broker or Brokerage Firm),
at the electronic address of the recipient by facsimile or email.
23.3. Electronic Delivery. Electronic Delivery of documents and notice may be
delivered by: (1) email at the email address of the recipient. (2) a link or access to
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Seller's initials: _
Buyer's Initials.
A website or server provided the recipient receives the information necessary to
access the documents. or (?) facsimile at the Fax No. of the recipient.
23.4. Choice of Lan. This Contract and all disputes arising hereunder are governed by and
construed in accordance with the laws of the State of Colorado that would he
applicable to Colorado residents who sign a contract in Colorado for real property
located in Colorado.
24. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless
accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party receives notice of such acceptance pursuant to the methods set forth in §23 on
or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this
document will become a contract between Seller and Buyer. A copy of this Contract may be
executed by each party, separately, and when each party has executed a copy thereof, such
copies taken together are deemed to be a full and complete contract between the parties.
25. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in
good faith including. but not limited to, exercising the rights and obligations set forth in
the provisions of Title Insurance, Record Title and Off -Record Title, New Survey and
Property Disclosure, Inspection, Indemnity, Insurability and Due Diligence.
ADDITIONAL PROVISIONS AND ATTACHMENTS
26, ADDITIONAL PROVISIONS.
26.1. Seller shall terminate any current leases including the Startek Lease to end on or before
February 28, 2019 on terms and conditions acceptable to Seller in its sole and absolute
discretion. "Phis lease termination shall be in the form acceptable to Buyer and/or
Buyer's assignee and Buyer and/or Buyer's Assignee's attorney, in their reasonable
opinion, prior to closing. Buyer or Assignee of Buyer agree that any proceeds received
by Seller from early termination of existing lease shall belong to Seller. if the lease
termination is not acceptable to Seller prior to the end of the Due Diligence Period, then
Seller shall have the option to terminate this contract whereupon the deposit shall be
returned to Buyer and the parties shall he released from all obligators and liabilities
under this contract. except those that expressly survive closing.
26.2. DUE DILIGENCE PERIOD: Buyer has 45 days from Mutual Execution of
Contract (MEC) to fully inspect the property, title, unrecorded property facts,
easements, egress/ingress, environmental, zoning for intended use, existing
survey/plats. FIVAC. utilities/wells/sump pumps/septic tanks. acceptance of
Startek lease, and Startek Lease termination agreement. and any other item Buyer
deems necessary, in Buyer's sole opinion, to accept property "as -is, where -is."
Should Buyer, in Buyer's sole opinion. determine any finding unsatisfactory,
Buyer may rescind the purchase agreement and immediately have the Earnest
Money refunded, upon delivery to seller of all of its reports and the return of
Seller's due diligence materials, within the time frame set forth in the Contract
(i.e. prior to the Due Diligence Document Objection Deadline)
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Seller's Initials.
Buyer's Initials.
26.3, The Buyer. John D. Wheeler. is a licensed real estate broker in the state of
Colorado
26.4. Arldress for Seller's Counsel:
Ilene Robert
Greenberg Traurig, PA
133 SE 2nd Avenue, Miami. FL 33131
e-mail: koherti(uigtlaw. Corn
26.5. Assignability by Buyer: Buyer shall have the right to assign so long as
Seller (i) receives written evidence of Assignee's tangible net worth and
assumption of Buyer's obligations under this contract. and (ii) a firm
commitment in writing from Buyer's Assignee that it accepts the
obligations of Buyer under this Contract.
27. ATTACHMENTS.
27.1. The following disclosure forms are attached but are not a part of this Contract: Weld
County property teport and description of Property.
SIGNATURES
Buyer's Name: GREAT NORTHERN PROPERTIES. LLLP AND/OR ASSIGNS
Buyer's Signature: `A--1 ate: i i r at
John b. Wheeler '�� l ` jlD /
Address: 1 130 38th Avenue. Suite B /
Greeley. CO 80634
Phone No,: (970) 352-5860
Fax No.: (970) 352-0117
Email Address: informationAwhcelermgt.com
{NOTE: If this offer is being countered or rejected, do not sign this document. Refer to §28]
Seller's Name: EWE WAREIIOI F INVESTMENTS XI., I I'I)
Seller's Signature: �-""r Date:
Name of Seller's Signor andTitle:LCLA.4?o
Address: c/o Easton & Associates
10165 NW 19th Street
Miami, FL 31172-2529
Phone No.. ;A '1E 7 13 Lx_5/
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Seller's Initials:
Buyer's initials:
Email Address:
Fax No.:
28. COUNTER; REJECTION. This offer is Countered Rejected. Initials only of party (Buyer
or Seller) who countered or rejected offer:
END OF CONTRACT TO BUY AND SE.1.L, REAL ESTATE
29. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To he completed by Broker working with Buyer)
Broker does not acknowledge receipt of Earnest Money deposit. Broker agrees that if
Brokerage Firm is the Earnest Money Holder and, except as provided in §20. if the Earnest
Money has not already been returned following receipt of a Notice to Terminate or other
written notice of termination. Earnest Money Holder will release the Earnest Money as
directed by the written mutual instructions. Such release of Earnest Money will be made
within five days of Lamest Money Holder's receipt of the executed written mutual
instructions, provided the Fames! Money cheek has cleared.
Broker is working with Buyer as a 1 ransaction-Broker in this transaction.
'KO, I ro2011Voiiiiii.",—
�`'Brokerage Firm's compensation or co►d i�sion is tpaid by Listing Brokerage Firm. A,17.. --
G/ ., continission shall be aid at Closing by Seller/o to CBRE and 2.0% to Wheeler
/ Management Group. Inc. No commission shall be due if the closing is not consummated for
any reason.
Brokerage Firm's Name: Wheeler Management Group. Inc.
Broker's Name: Ron Randel. CCIM. James Vetting. CCIM
Broker's Signature:
Address. l 130"3'8'{rAvenue_ Suite B
Greeley. CO 80634
Phone Nc.: t;y70) 352-5860
Fax No.: (970) 352-01 17
Email Address: intbrrnation@wheelermatcorn
//Amy/7
Date: r -/(9
30. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Broker working with Seller)
Broker does not acknowledge receipt of Earnest Money deposit_ Broker agrees that if
Brokerage i-irm is the Earnest Money, Holder and. except as provided in §20. if the Earnest
Money has not already been returned following receipt of a Notice to Terminate or other
written notice of termination. Earnest Money Holder will release the Earnest Money as
Pace 23 of 24
Seller's Initials'
..
Buyer's Initials:
Jirecic,l h•- iht •,,titter, mutual irsirt:ciit,ns. St,ch re:ease i'aniest ?.ignC= aril `e o,ttcse
•tlthirt rlC hat's 0.` l :trnc t Alane`v Iletfie.rrt re:eliii u the exe'.: if:i-i...wen In;i u31
i rtctrLh_t1:`ns r. viiied the ' ,.::lest \tvelf Ch,^it
Rrr,l er i• t 'e r iltt` sc Yl. Pitty:'i' ;ts i r nslctiy!- 3roket' in this transaction.
aim
c0fllEcnsbr.o1S SCC ii �ItP sS;t)t1 li tu be oak! t'5 Se! ci •i,y%?.:(nrirni S vC,
)l tt hC mud at C I sing t"' Sella i• to C BRi ,tt.t, 2.1P/0 to V heck r Ma.:ag nic t.:
^vo c 'nn:tstitfn shall be .Inc ti the ,'t.`Sing's Eot eo :s;J:T1etneI ti•;
cr `,aide: Pelt Kd.\ (.C' \i
J / e
:l..iiltt,y gilt'' J1'I, t'rlrh4\ut `Ii:l:
fort ('",nn, i Ct S•.?'_=.
.ax ^> (n7ttl ;x7,'
:..nal� �. •�+;ic pe f;.kclit
24 of 24
/
. k 47,./y
1
2
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
7
8
9
I0
11 1.
12 ._z.
HEELER
MANAGEMENT
GRO1 JP, INC.
Wheeler Management Group
1130 38th Avenue, Suite B
Greeley, CO 80634
Phone: (970) 352-5860 Fax: (970) 352-0117
www.wheelermgt.com
1.3
14 Colorado:
15
16 .
17
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
l (AE41-6-IS) (Mandatory 1-19)
18 known as No. 1250
H Sr
19
20
AGREEMENT TO AMEND/EXTEND CONTRACT
Date: March 20, 2019
This agreement amends the contract dated M,,1 it (Contract), between
(Seller), and t r g ..1, i, t,::;, f . •, e
(Buyer), relating to the sale and purchase of the following legally described real estate in the County of
Greeley,
Street Address
City
Co
State
8063: (Property).
Zip
2I NOTE: If the table is omitted, or H' any item is left blank or is marked in the "No Change" column, It means no change to
22 the corresponding provision of the Contract. If any item is marked in the "Deleted" column. it means that the
23 corresponding provision of the Contract to which reference is made is deleted.
24
25 2. § 3.1. Dates and Deadlines. [Note: This table may be omitted if inapplicable.] OMITTED AS INAPPLICABLE.
26
27 3. Other dates or deadlines set forth in the Contract are changed as follows:
28
29
30
31 4. Additional amendments:
32 t? : V:' ;3 t ve.s <� J S' e .? ? .' t,, t ., . e r e•rrr , 7,r Joe ._. c ;i.. s r. :' . <': ' o/,k' r 4
ser.. -.r .. 0c . 0 ;art =sv me r;,.s
• '),.n:' l) p,)t7 W''2,i ,.:?tin try 5 .3tt y
33
34
35 All other terms and conditions of the Contract remain the same.
36
37
38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party
39 to this document receives notice of such acceptance on or before M,. rct; 2.5 201.9 12'00 noon M.'DT,
40
41
42
Date Time
AFAl-6.18. AGREEMENT TO AME, I/ EXTEND CONTRACT 3/19/2019 14:51 Page tor 2
;;- l/
Buyer initials71K.-..
Seller initials
Buyer's Name:
Buyer's Signature
3/2c)
T7 ,
Seller's Name: � _, t ur > z :A -
Seller's Signature
43
/7
Date
3/2. / I
Date
AE41.6-18. AGREEMENT TO AMEND/EXTEND CONTRACT 3/19/2019 14:51
Buyer Initials Seller initials
Psgelof2
DocuSign Envelope ID: 7B334971-E2A4-4782,802/1-5444484FAAED
Wheeler Management Group
HEELER 2130 38th Avenue, Suite B
MANAGEMENT Greeley, CO 80634
GROUP INC. Phone: (970) 352-5860 Far: (970) 352-0117
www.wheelcrmgt.com
IThe printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
2 I (AE4I-6-18) (Mandatory l -I9)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
7 AGREEMENT TO AMEND/EXTEND CONTRACT
8
9
Date: March i 2, 2019
10
I I 1. This agreement amends the contract dated Oct ,.her 2, 2018 (Contract), between
12 ^t4 e>arehouse _nvestntenta XL Ltd (Seller), and Great Northern Properties, LLLP and/or Assigns
13 (Buyer), relating to the sale and purchase of the following legally described real estate in the County of Weld,
14 Colorado:
IS L4 Field County Business Park Tract C Minor; Parcel #090331111004; Approximately
16 34,944 SF office building located on approximately 7.997 Acres (348, 349 .SE') of
17 land
18 known as No. 1250 Ii SC
Greeley CO 80631 (Property).
19 Street Address City State Zip
20
21 NOTE: If the table is omitted, or if any item is left blank or is marked in the "No Change" column, it means no change to
22 the corresponding provision of the Contract. If any item is marked in the "Deleted" column, it means that the
23 corresponding provision of the Contract to which reference is made is deleted.
24
25 2. $ 3.1. Dates and Deadlines. [Note: This table may be omitted if inapplicable.] OMITTED AS INAPPLICABLE.
26
27 3. Other dates or deadlines set forth in the Contract arc changed as follows:
28 No Change
29
30
3I 4. Additional amendments:
32 .3. 1) 411 interest in phi: contract is herety assigned and transfnrr_ci to: County
t ;Vold, a body corporate and politic of the. State of Colorado,
The closing data shall .be Thursday, April 11, 2019.
33
34
35 All other terms and conditions of the Contract remain the same.
36
37
38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party
39 to this document receives notice of such acceptance on or before March 19, 2019 12:00 noon MOT
40 Date Time
41
42
EEMENT TO AMEND/EXTEND CONTRACT 3/12/2019 15:17
Seller initials
Page I of 2
DoctmSign Envelope ID: 78334971-E2A4-4782-BD2A-54444841AAED
Buyer's Name: Jchn D S„'ze<-r'"-'-
.-6ocuSigned by:
\.--g23lC38$FBEE}455.
buyer s , lgnature
Seller's Name: ;tom' R•*a r eh i avo t7rants XL TD
Date
Seller's Signature Date
43
AE4 t-6.18. AGREEMENT TO AMEND/EXTF YU CONTRACT 3/12/2019 15:17
Buyer initials
Page 2 of 2
Seller initials
FEER
MANAGEMENT
GROUP, INC.
Wheeler Management Group
1130 38th Avenue, Suite B
Greeley, CO 80634
Phone: (970) 352.5860 Far: (970) 352-0117
wwµ:wheelermgt.com
i I The printed portions of this form, except differentiated additions. have been approved by the Colorado Real Estate Commission.
2 I (AE41-6-18) (Mandatory 1-19)
3
4 THUS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
7 AGREEMENT TO AMEND/EXTEND CONTRACT
8
9
10
1 I 1. This agreement amends the contract dated October 2, 2018 (Contract), between
12 EWE Warehouse Investments XL Ltd (Seller), and Great Northern Properties, LLLP and/or Assigns
13 (Buyer), relating to the sale and purchase of the following legally described real estate in the County of Weld,
14 Colorado:
15 14 Weld County Business Park Tract C Minor; Parcel #080331111004; Approximately
16 34,944 SF office building located on approximately 7.997 Acres (348,349 SF) of
17 land
18 known as No. 1250 H St
19
20
21
23
24
25
Greeley
Dale: February 20, 20I9
CO 80631
Street Address
City
State Zip
(Property).
NOTE: If the table is omitted, or if any item is left blank or is marked in the "No Change" column, it means no change to
the corresponding provision of the Contract. If any item is marked in the "Deleted" column, it means that the
corresponding provision of the Contract to which reference is made is deleted.
2. § 3.1. Dates and Deadlines. (Note: This table may he omitted if inapplicable.(
Item
No.
Reference
Event
Date or Deadline
§4.3
Alternative Earnest Money Deadline
No Change
No
Change
X
Deleted
Title
2
§ 8.L§ 8.4
§ 8.2.§ 8.4
Record Title Deadline
Record Title Objection Deadline
No Change
March 28, 2019-77
days from MEC
No Change
No Change
April 1, 2019-80
days from NEC
No Change
r
X
3
4
§ 8.3
§ 8.3
Off -Record Title Deadline
Off -Record Title Objection Deadline
Title Resolution Deadline
x
5
X
6
§ 8.5
7
§ 8.6
Right of First Refusal Deadline
Owners' Association
X
8
§ 7.2
§ 7.4
Association Documents Deadline
Association Documents Termination Deadline
9
No Change
No Change
x
X
Seller's Disclosures
10
§ 10.1
§ 10.1()
Seller's Property Disclosure Deadline
Lead -Based Paint Disclosure Deadline CBS I. 2, Fl
No Change
No Change
X
11
X
AE41-6-18. AGREENIFE ) AMEND ,XTENI) CONTRACT 2/20/2019 13:56
Buyer Initials
Page 1 of 3
Seller initials
LD
Loan and Credit
12
§ 5.1
Loan Application Deadline
No Change
X
13
§ 5.2
Loan Termination Deadline
No Change
X
14 § 5.3
Buyer's Credit Information Deadline
�
No Change
X
15 § 5.3
Disapproval of Buyer's Credit Information Deadline
No Change
X
16 § 5.4
Existing Loan Documents Deadline
No Change
X
;using oan ocuments Termination Deadline
No Change
No Change
No Change
x
18
§ 5.4
§ 4.7
Loan Transfer Approval Deadline
Seller or Private Financing Deadline
X
19
X
Appraisal
20
§6.2
§ 6.2
§ 6.2
Appraisal Deadline
Appraisal Objection Deadline
Appraisal Resolution Deadline
21
No Change
No Change
No Change
X
X
22
X
Survey
23
§ 9.1
§ 9.3 New 1LC or New Survey Objection Deadline
§ 9.3
New ILC or New Survey Deadline
ALTA COMPLETED
24
No Change
No Change
X
5
New ILC or New Survey Resolution Deadline
X
Inspection and Due Diligence
26
§ 10.3
Inspection Objection Deadline
March 26, 2019-75
days from MEC
No Change
27
28
§ 10.3
§ 10.3
Inspection Termination Deadline
Inspection Resolution Deadline
X
April 1, 2019-80
days from MEC
March 26, 2019-75
days from MEC
No Change
March 26, 2019-75
days from MEC
April 1, 2019-80
days from AEC
March 26, 2019-75
days from MEC
March 26, 2019-75
days from MEC
No Change
No Change
March 21, 2019-70
days from MEC
March 26, 2019-75
days from MEC
29
§ 10.5
Property Insurance Termination Deadline
30
§ 10.6
§ 10.6
Due Diligence Documents Delivery Deadline
Due Diligence Documents Objection Deadline
X
31
32
§ 10.6
Due Diligence Documents Resolution Deadline
33
§ 10.6
Environmental Inspection Objection Deadline CBS2, 3, 4
34
§ 10.6
ADA Evaluation Objection Deadline CBS2. 3, 4
35
§ 10.7
Conditional Sale Deadline
!.cad -Based Paint Termination Deadline CBS I, 2. Fl
Estoppel Statements Deadline CBS2, 3, 4
X
36
10.10
X
37 § I I.I. 11.2
38
§ 11.3
Estoppel Statements Termination Deadline CBS"_', 3.4
Closing and Possession
39
§ 12.3
Closing Date
April I0, 2019-90
days from MEC
At Closing
At time of closing
March 26, 2019-75
days from MEC
March 26, 2019-76
days from MEC
40 l §17
41
§ 17
§4.3
Possession Date
Possession Time
SECOND EARNEST MONEY DEPOSIT
5100,000.00
§26.2
DUE DILIGENCE PERIOD ENDS
26
27 3. Other dates or deadlines set forth in the Contract are changed as follows:
AEA1-6.lS. AGREEMENT TO AMEN IVTEND CONTRACT 2/2012019 13:56
41)
ttuycr initials
Page 2 of 3
Seller initials
28 3.I) §26.1) BUYER AND SELLER TO ACCEPT STARTER LEASE CANCELLATION DOCUMENT
29 ON OR BEFORE Tuesday, March 26, 2019, which is 75 days from MEC
3.2) §26.1) STARTER CONTRACT TO BE TERMINATED ON OR BEFORE Monday, April
1, 2019, which is 79 days from MEC
30
31 4. Additional amendments:
32 No Change
33
34
35 All other terms and conditions of the Contract remain the saute.
36
37
38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party
39 to this document receives notice of such acceptance on or before February 22, 2019 12:00 noon MDT .
40 Date Time
41
42
Buyer's Name: John D Wheeler
24g-5//7
Buyer's Signature Date
Seller's Name: EWE Warehouse Investments XL LTD
Seller's Signature
43
al/AD-17
AE41-6.18. AGREEMI1•;NT TO AMEND/EXTEND CONTRACT 2/20/2019 13:56
Buyer initlats
.76 ti
Page 3 of 3
Seller initials
Seller: EWE Warehouse Investments XL, Ltd
Buyer: Great Northern Properties
Property: 1250 H Street, Greeley, CO 80631
Updated 2/20/ 19
Event
# of Days
From MEC
Actual Date
MEC
Sellers Prop Disclosure DL/Due Diligence
Does Delivery DL
EM Deadline
5 days from
MEC
Thursday, January 10, 2019
Tuesday, January 15, 2019
Date
Completed
Completed
Record Title DL/Off-record Title DL
10 days from
MEC
Monday, January 21, 2019
Off -Record Title Obj DL
I Survey DL
30 days from
MEC
Monday, February 11, 2019
40 days from
MEC
Tuesday, February 19, 2019
Survey Obj DL
45 days from
MEC
Monday, February 25, 2019
Survey Res DL
50 days from
MEC
Friday, March 1, 2019
Tenant Estoppel DL
70 days from
MEC
Thursday, March 21, 2019
Inspect Obj DL/Prop Insur Obj DL/Due
Dil Does Obj DL/ Environ Inspect Obj
DL/ADA Eval Obj DL/Tenant Estoppel
Obj DL/
DUE DILIGENCE PERIOD
ENDS/BUYER AND SELLER
ACCEPTANCE OF LEASE
CANCELLATION DOCUMENT/
SECOND EM DEPOSIT DUE $ioo,000
Record Title Obj DL
75 days from
MEC
77 days from
MEC
Tuesday, March 26, 2019
Thursday, March 28, 2019
STARTEK CONTRACT TO BE
TERMINATED on or before
79 days from
MEC
Monday, April 1, 2019
Title Res DL/Inspect Res DL/Due Dil
Does Res DL
80 days from
MEC
Monday, April 1, 2019
Closing Date
90 days from
MEC
Wednesday, April 10, 2019
**MEC= Mutual Execution of Contract This Contract MEC= Thursday. January io. 2019
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Board of Weld County Commissioners will consider the
purchase of a property in an amount greater than $2,500,000 that was not identified in the 2019
county budget in its Hearing Room, Weld County Administrative Building, 1150 O Street, Greeley,
Colorado, on the day and at the time specified. This notice is in accordance with Section 16-6 of
the Weld County Home Rule Charter.
DATE: February 27, 2019
TIME: 9:00 A.M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 23, 2019
PUBLISHED: February 1, 2019 in the Greeley Tribune
PUBLISHED: February 15, 2019 in the Greeley Tribune
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
I Lucy Montoya
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GR.EELEEY TRIBUNE,
DA�s
T1
DATED: January. 23, 20
.The Tribu•ne
F ebr.;ary 1,
� a /
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
contained in the
First day of February A.D. 2019 and the last
publication thereof in the issue of said newspaper
bearing the date of the
Fifteenth day of February A.D. 2019 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3,1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
February 1, 15, 2019
Total Charges:
12.30
15th day of February 2019
My Commission Expires 08/13/2022
Notary Public
\MCKIE G GARRET iS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
MY COMMISSION EXPIRES AUGUST 13, 2022
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