HomeMy WebLinkAbout20173799RESOLUTION
RE: APPROVE FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - HOSHIKO LAND, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a First Amendment to Purchase and Sale
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Hoshiko Land,
LLC, commencing September 6, 2017, with further terms and conditions being as stated in said
amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 First Amendment to Purchase and Sale Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Hoshiko Land, LLC, be and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 2017, nunc pro tunc September 6, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia„, �C �
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
VED AS
ty Attorney
Date of signature: I t i' "7 1 1'7
Ju ie A. Cozad, Chair
can P. Conway
arbara Kirkmeyer
cc: PLOCT•7/ ER/rMc)
tl ►3Olt7
teve Moreno, Pro -Tern
2017-3799
EG0074
MEMORANDUM
TO: Clerk to the Board DATE: 11/1/2017
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Amendment to Purchase Agreement
RE: CR 47 IMPROVEMENT PROJECT
HOSHIKO LAND, LLC
Approval of First Amendment to Purchase and Sale Agreement Between Weld County and
Hoshiko Land, LLC. This Amendment is being requested by the landowner to address concerns
related to the construction of the irrigation pipeline.
,2 0/7- 37
C-&OO7H
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT BETWEEN WELD COUNTY AND
HOSHIKO LAND LLC
This AMENDMENT ("Amendment") is made to that certain PURCHASE AND SALE AGREEMENT
("Agreement") dated September 6, 2017 and recorded at reception number 4333558 in the records of the Weld
County Clerk and Recorder, between Hoshiko Land LLC, ("Owner") and the County of Weld, a body corporate
and politic of the State of Colorado ("County").
WHEREAS, Owner has entered into a certain Farm Lease ("Lease") with Steve E. Kelly ("Tenant") which is
attached hereto and by this reference made a part hereof, covering portions of the following described lands located
in Weld County, Colorado ("Lands"), to -wit:
Township 6 North, Range 65 West, 6th P.M.
Section35: E2NE4 and the NE4SE4; and
WHEREAS, County, through its construction contractor Interstate Highway Construction ("IHC"), intends to
construct an underground pipeline ("Pipeline") to convey water to the Lands with which Tenant can irrigate the
Lands in accordance with the Lease; and
WHEREAS, Owner cannot guarantee to Tenant that Tenant will not incur damages in the event of County's failure
and/or inability to construct the Pipeline so Tenant can adequately irrigate the Lands in a timely manner; and
WHEREAS, County and Owner desire to amend certain terms within the Agreement to account for these issues.
THEREFORE, County and Owner enter into this Amendment for the purpose of amending the Agreement
according to the following terms.
1. Paragraph 6 on page 2 of 5 of the Agreement is deleted in its entirety.
2_ A new section 4 on page 3 of 5 is added:
County shall reimburse Owner for, and shall indemnify and hold Owner harmless against, any damages
Owner may incur as a result of any activity conducted by County, its employees, contractors, invitees,
successors or assigns, specifically related to the aforementioned Pipeline, and that payment for any such
damages shall be the sole and exclusive responsibility and liability of County.
3. The date of August 18, 2017 listed in Paragraph 5 on page 2 of 5 under "OWNER'S RIGHTS AND
RESPONSIBILITIES" and Paragraph 1 on page 3 of 5 under "COUNTY'S RIGHTS AND
RESPONSIBILITIES" shall be changed to November 1, 2017.
4355145 Pages: 1 of 2
11/27/2017 10:38 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
FaiK Ill II
Indemnification Agreement
Hoshiko Land, LLC - The County of Weld
Page 1
2017-3799
IN WITNESS WHEREOF, the Parties have set their hands effective as of the -day and year first above written.
AnEST:
By: Deputy Crk fo the B
ty Clerk to th ; Board
Owner:
HOSHIKO LAND. LLC
By its sole owner: Hoshiko Resources, Inc.
By: De
By: Denise A. Leafgren, Sec
County:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, STATE OF COLORADO
By: Diana L. Tomoi, Vice President (Date)7
(Date)
4355145 Pages: 2 of 2
11/27/2017 10:38 AM R Fee:$0.00
VIII l �Al �ly�'�IIii+ l+ N�I�'rP � �ril�h 1I III
Indemnification Agreement
Hoshiko Land, LLC — The County of Weld
Page 2
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
Bruce Barker
Wednesday, November 1, 2017 9:45 AM
Esther Gesick
FW: Land conveyance documents and instructions
QCD for HOSHIKO LAND, LLC - CR64 & CR47 (Revised 10.27.17).doc; QCD for
HOSHIKO LAND, LLC - US34 & CR49 (Revised 10.27.17).doc; FARM LEASE (Kelly)
2017-2018.pdf; First Amendment to Purchase and Sale Agreement - Hoshiko (Revised
DRAFT 10.31.17).docx
Please include for today's added agenda items. Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Dennis Hoshiko [mailto:dhoshiko@yahoo.com]
Sent: Tuesday, October 31, 2017 7:43 PM
To: CenturyLink Customer <hawkstone4@q.com>; DON TOMOI <dontomoi@msn.com>
Cc: Jim Fuller <jimrfuller@gmail.com>; Doug Brown <dbrown@bdwfirm.com>; Ed Cordes <ed@cordesco.com>; Tiffane
Johnson <tvjohnson@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Mike Freeman
<mfreeman@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Bruce
Barker <bbarker@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Barbara
Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Julie Cozad <jcozad@weldgov.com>;
Steve Moreno <smoreno@weldgov.com>
Subject: Land conveyance documents and instructions
All,
The attached documents have all been reviewed and preliminary approved by Weld County
("County") relating their acquisition of land owned by Hoshiko Land, LLC ("HLLLC") in association
with the pending expansion of Weld County Road 47 ("CR 47").
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I have communicated with various County staff members about the need to record a new and
corrected deed to replace the faulty deed that was recorded a couple of years ago when land was
conveyed by HLLLC to the County in association with the expansion of CR 49.
In addition, I also requested the County to amend the Purchase and Sale Agreement Between Weld
County and Hoshiko Land, LLC to indemnify HLLLC of any damages our tenant farmer, Steve Kelly
(see attached Farm Lease) may incur as a result of the County's inability and/or failure to adequately
construct the pipeline that conveys water to irrigate the subject farm next year. Attached is the First
Amendment to Purchase and Sale Agreement Between Weld County and Hoshiko Land, LLC
("Amedment Agreement") that I have proposed minor revisions to which accomplishes that purpose.
HLLLC administrative assistant and Public Notary, Gloria Johnson, has two (2) copies of the deed for
the conveyance of the CR 47 land and two (2) copies of the deed for the conveyance of the CR 49
land, all of which are signed by myself and notarized.
Denise and Diana need to contact Gloria and make arrangements for her to notarize their signatures
on the aforementioned deeds tomorrow, Wednesday, November 1, 2017. Afterward, Denise and
Diana can hand deliver the signed and notarized fully deeds to Tiffane Johnson (970)400-3766 at the
offices of the Weld County Public Works Department, located at 1111 Street, Greeley (click the
following link for
directions): https://www.google. com/maps/place/Department+of+Public+Works/ a(�40.446448,-
104.702104,15z/data=!4m5!3m4! 1 s0x0:0xa6f549f7436f8134!8m2!3d40.446448!4d-104.702104
When Denise and Diana deliver the deeds to Tiffane, Tiffane should present Denise and Diana with a
check made payable to Hoshiko Land, LLC for the amount of One Hundred Twenty -Eight Thousand
One Hundred Sixty -Six Dollars ($128,166.00).
Finally, Denise and Diana should sign two (2) copies of the the Amendment Agreement that include
my revisions to it that they can then leave with Gloria who will in turn, convey them to me for my
signature and subsequent return to the County.
Thank you,
Dennis
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