HomeMy WebLinkAbout20151389.tiff UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC
3690 West 10th Street,2nd Floor
Greeley,CO 80634
Phone: 970-356-3551 Fax: 970-356-2063
September 13,2015
Board of County Commissioners Weld County, Colorado
.bbarker(&co.weld.co.us
PROPERTY ADDRESS:819 11th Street, Greeley,CO 80631
ORDER NO: 8737UTG
DEAR CUSTOMER:
ENCLOSED IS YOUR POLICY OF TITLE INSURANCE. THIS POLICY CONTAINS IMPORTANT
INFORMATION ABOUT THE REAL ESTATE TRANSACTION YOU HAVE JUST COMPLETED
AND IS YOUR GUARANTEE OF OWNERSHIP. PLEASE READ IT CAREFULLY AND RETAIN IT
WITH YOUR OTHER VALUABLE PAPERS.
A COMPLETE AND PERMANENT FILE OF THE RECORDS CONCERNING YOUR TRANSACTION
WILL BE MAINTAINED IN OUR OFFICE. THESE RECORDS WILL ASSURE PROMPT
PROCESSING OF FUTURE TITLE ORDERS AND SAVE MUCH VALUABLE TIME SHOULD YOU
WISH TO SELL OR OBTAIN A LOAN ON YOUR PROPERTY. VISIT OR CALL OUR OFFICE AND
SIMPLY GIVE US YOUR PERSONAL POLICY FILE NUMBER SHOWN ABOVE.
WE APPRECIATE THE OPPORTUNITY TO SERVE YOU AND WILL BE HAPPY TO ASSIST YOU
IN ANY WAY WITH YOUR FUTURE TITLE SERVICE NEEDS.
SINCERELY,
UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC
090/5-!3$9
7- 16-- 1
POLICY NO. OP-63700317
WESTCOR ALTA OWNER'S POLICY (6-17-06)
LAND TITLE INSURANCE COMPANY
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE
Any notice of claim and any other notice or statement in writing required to be given to the Company
under this Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY,a California corporation
(the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against
loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of:
I.Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law;or
(vii)a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.The term"encroachment"includes encroachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3.Unmarketable Title.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed as of the Date of Policy shown in Schedule A,
WESTCOR LAND TITLE INSURANCE COMPANY
Issued By:Unified Title Company of Northern Colorado,LLC /�� /�
By: / ►y c ly }�,K,'F�1
L i•
sident
, Attest: 1,44.tzut— ottrxe_A-/
•Secretary
4.No right of access to and from the Land.
5. The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and
zoning)restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action,describing any part of the Land, is recorded in the Public Records,but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land, is recorded in the Public
Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9.Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy,of a transfer of all
or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A
because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or
similar creditors'rights laws;or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
bankruptcy,state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed
or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys' fees,and expenses incurred in defense of any matter insured against by this Policy,but
only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the (b) not Known to the Company, not recorded in the Public
coverage of this policy, and the Company will not pay loss or Records at Date of Policy, but Known to the Insured
damage,costs,attorneys' fees,or expenses that arise by reason Claimant and not disclosed in writing to the Company
of: by the Insured Claimant prior to the date the Insured
1. (a) Any law, ordinance, permit, or governmental regulation Claimant became an Insured under this policy;
(including those relating to building and zoning) (c) resulting in no loss or damage to the Insured Claimant;
restricting,regulating,prohibiting,or relating to (d)attaching or created subsequent to Date of Policy
(i) the occupancy,use,or enjoyment of the Land; (however, this does not modify or limit the coverage
(ii) the character, dimensions, or location of any provided under Covered Risk 9 and 10);or
improvement erected on the Land; (e) resulting in loss or damage that would not have been
(iii) the subdivision of land;or sustained if the Insured Claimant had paid value for
(iv) environmental protection; or the effect of any
the Title.
violation of these laws, ordinances, or 4. Any claim,by reason of the operation of federal bankruptcy,
governmental regulations. This Exclusion 1(a) state insolvency, or similar creditors' rights laws, that the
does not modify or limit the coverage provided transaction vesting the Title as shown in Schedule A,is
under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or
(b) Any governmental police power. This Exclusion 1(b) (b)a preferential transfer for any reason not stated in
does not modify or limit the coverage provided under Covered Risk 9 of this policy.
Covered Risk 6. 5. Any lien on the Title for real estate taxes or assessments
2. Rights of eminent domain. This Exclusion does not modify imposed by governmental authority and created or
or limit the coverage provided under Covered Risk 7 or 8. attaching between Date of Policy and the date of recording
3. Defects, liens, encumbrances, adverse claims, or other mat- of the deed or other instrument of transfer in the Public
ters Records that vests Title as shown in Schedule A.
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
CONDITIONS
1.DEFINITION OF TERMS Risk 5(d), "Public Records" shall also include
The following terms when used in this policy mean: environmental protection liens filed in the records of the
(a)"Amount of Insurance":The amount stated in Schedule A, clerk of the United States District Court for the district
as may be increased or decreased by endorsement to this where the Land is located.
policy, increased by Section 8(b), or decreased by (I) "Title":The estate or interest described in Schedule A.
Sections 10 and 11 of these Conditions. (k) "Unmarketable Title": Title affected by an alleged or
(b)"Date of Policy": The date designated as"Date of Policy" apparent matter that would permit a prospective purchaser
in Schedule A. or lessee of the Title or lender on the Title to be released
(c)"Entity": A corporation,partnership,trust, limited liability from the obligation to purchase, lease,or lend if there is a
company,or other similar legal entity. contractual condition requiring the delivery of marketable
(d) "Insured": The Insured named in Schedule title.
A.(i)The term"Insured"also includes 2. CONTINUATION OF INSURANCE
(A) successors to the Title of the Insured by operation
The coverage of this policy shall continue in force as of Date
of law as distinguished from purchase, including
of Policy in favor of an Insured, but only so long as the
heirs, devisees, survivors, personal
representatives,or next of kin; Insured retains an estate or interest in the Land, or holds an
(B) successors to an Insured by dissolution, merger, obligation secured by a purchase money Mortgage given by a
consolidation,distribution,or reorganization; purchaser from the Insured, or only so long as the Insured
(C) successors to an Insured by its conversion to shall have liability by reason of warranties in any transfer or
another kind of Entity; conveyance of the Title. This policy shall not continue in
(D) a grantee of an Insured under a deed delivered force in favor of any purchaser from the Insured of either(i)
without payment of actual valuable consideration an estate or interest in the Land, or(ii) an obligation secured
conveying the Title by a purchase money Mortgage given to the Insured.
(1) if the stock, shares, memberships, or other 3. NOTICE OF CLAIM TO BE GIVEN BY
equity interests of the grantee are INSURED CLAIMANT
wholly-owned by the named Insured, The Insured shall notify the Company promptly in writing i
(2) if the grantee wholly owns the named Insured, p y p p y ( )
(3) if the grantee is wholly-owned by an in case of any litigation as set forth in Section 5(a) of these
affiliated Entity of the named Insured, Conditions, (ii) in case Knowledge shall come to an Insured
provided the affiliated Entity and the named hereunder of any claim of title or interest that is adverse to the
Title, as insured, and that might cause loss or damage for
Insured are both wholly-owned by the same
person or Entity,or which the Company may be liable by virtue of this policy, or
(4) if the grantee is a trustee or beneficiary of a (iii) if the Title,as insured, is rejected as Unmarketable Title.
trust created by a written instrument If the Company is prejudiced by the failure of the Insured
established by the Insured named in Schedule Claimant to provide prompt notice,the Company's liability to
the Insured Claimant under the policy shall be reduced to the
A for estate planning purposes. extent of the prejudice.
(ii) With regard to (A), (B), (C), and (D) reserving,
however, all rights and defenses as to any successor 4. PROOF OF LOSS
that the Company would have had against any In the event the Company is unable to determine the amount
predecessor Insured. of loss or damage,the Company may,at its option,require as
(e)"Insured Claimant": An Insured claiming loss or damage. a condition of payment that the Insured Claimant furnish a
(f) "Knowledge" or "Known": Actual knowledge, not signed proof of loss. The proof of loss must describe the
constructive knowledge or notice that may be imputed to defect, lien, encumbrance, or other matter insured against by
an Insured by reason of the Public Records or any other this policy that constitutes the basis of loss or damage and
records that impart constructive notice of matters affecting shall state, to the extent possible, the basis of calculating the
the Title. amount of the loss or damage.
(g)"Land" The land described in Schedule A, and affixed
improvements that by law constitute real property. The 5. DEFENSE AND PROSECUTION OF ACTIONS
term "Land" does not include any property beyond the (a) Upon written request by the Insured, and subject to the
lines of the area described in Schedule A, nor any right, options contained in Section 7 of these Conditions, the
title, interest,estate,or easement in abutting streets,roads, Company, at its own cost and without unreasonable
avenues, alleys, lanes, ways, or waterways, but this does delay, shall provide for the defense of an Insured in
not modify or limit the extent that a right of access to and litigation in which any third party asserts a claim
from the Land is insured by this policy. covered by this policy adverse to the Insured. This
(h)"Mortgage": Mortgage, deed of trust, trust deed, or other obligation is limited to only those stated causes of
security instrument, including one evidenced by electronic action alleging matters insured against by this policy.
means authorized by law. The Company shall have the right to select counsel of
(i) "Public Records": Records established under state statutes its choice (subject to the right of the Insured to object
at Date of Policy for the purpose of imparting constructive for reasonable cause) to represent the Insured as to
notice of matters relating to real property to purchasers for those stated causes of action. It shall not be liable for
value and without Knowledge. With respect to Covered and will not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses to submit for examination under oath, produce any
incurred by the Insured in the defense of those causes of reasonably requested information, or grant permission to
action that allege matters not insured against by this secure reasonably necessary information from third parties
policy. as required in this subsection, unless prohibited by law or
(b)The Company shall have the right, in addition to the governmental regulation,shall terminate any liability of the
options contained in Section 7 of these Conditions,at its Company under this policy as to that claim.
own cost, to institute and prosecute any action or 7. OPTIONS TO PAY OR OTHERWISE SETTLE
proceeding or to do any other act that in its opinion may CLAIMS;TERMINATION OF LIABILITY
be necessary or desirable to establish the Title, as In case of a claim under this policy, the Company shall have
insured, or to prevent or reduce loss or damage to the the following additional options:
Insured. The Company may take any appropriate action (a)To Pay or Tender Payment of the Amount of Insurance.
under the terms of this policy,whether or not it shall be To pay or tender payment of the Amount of Insurance under
liable to the Insured. The exercise of these rights shall this policy together with any costs, attorneys' fees, and
not be an admission of liability or waiver of any expenses incurred by the Insured Claimant that were
provision of this policy. If the Company exercises its authorized by the Company up to the time of payment or
rights under this subsection, it must do so diligently. tender of payment and that the Company is obligated to pay.
(c) Whenever the Company brings an action or asserts a Upon the exercise by the Company of this option, all liability
defense as required or permitted by this policy, the and obligations of the Company to the Insured under this
Company may pursue the litigation to a final policy, other than to make the payment required in this
determination by a court of competent jurisdiction,and it subsection, shall terminate, including any liability or
expressly reserves the right, in its sole discretion, to obligation to defend,prosecute,or continue any litigation.
appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE (b) To Pay or Otherwise Settle With Parties Other Than the
(a) In all cases where this policy permits or requires the Insured or With the Insured Claimant.
Company to prosecute or provide for the defense of any (i)To pay or otherwise settle with other parties for or in the
action or proceeding and any appeals, the Insured shall name of an Insured Claimant any claim insured against
secure to the Company the right to so prosecute or provide under this policy. In addition, the Company will pay
defense in the action or proceeding, including the right to any costs,attorneys' fees,and expenses incurred by the
use, at its option,the name of the Insured for this purpose. Insured Claimant that were authorized by the Company
Whenever requested by the Company, the Insured, at the up to the time of payment and that the Company is
Company's expense,shall give the Company all reasonable obligated to pay;or
aid (i) in securing evidence, obtaining witnesses, (ii) To pay or otherwise settle with the Insured Claimant
prosecuting or defending the action or proceeding, or the loss or damage provided for under this policy,
effecting settlement, and (ii) in any other lawful act that in together with any costs, attorneys' fees, and expenses
the opinion of the Company may be necessary or desirable incurred by the Insured Claimant that were authorized
to establish the Title or any other matter as insured. If the by the Company up to the time of payment and that the
Company is prejudiced by the failure of the Insured to Company is obligated to pay.
furnish the required cooperation, the Company's Upon the exercise by the Company of either of the options
obligations to the Insured under the policy shall terminate, provided for in subsections (b)(i) or i the Company's
including any liability or obligation to defend, prosecute, ( )( ) ( )
or continue any litigation, with regard to the matter or obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made,shall
matters requiring such cooperation.
terminate, including any liability or obligation to defend,
(b) The Company may reasonably require the Insured prosecute,or continue any litigation.
Claimant to submit to examination under oath by any
authorized representative of the Company and to produce 8.DETERMINATION AND EXTENT OF LIABILITY
for examination, inspection, and copying, at such This policy is a contract of indemnity against actual monetary
reasonable times and places as may be designated by the loss or damage sustained or incurred by the Insured Claimant
authorized representative of the Company, all records, in who has suffered loss or damage by reason of matters insured
whatever medium maintained, including books, ledgers, against by this policy.
checks, memoranda, correspondence, reports, e-mails, (a) The extent of liability of the Company for loss or damage
disks, tapes, and videos whether bearing a date before or under this policy shall not exceed the lesser of
after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized (i) the Amount of Insurance;or
representative of the Company, the Insured Claimant shall (ii) the difference between the value of the Title as insured
grant its permission, in writing, for any authorized and the value of the Title subject to the risk insured
representative of the Company to examine, inspect, and against by this policy.
copy all of these records in the custody or control of a third (b) If the Company pursues its rights under Section 5 of these
party that reasonably pertain to the loss or damage. All Conditions and is unsuccessful in establishing the Title, as
information designated as confidential by the Insured insured,
Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable (i) the Amount of Insurance shall be increased by 10%,
judgment of the Company, it is necessary in the and
administration of the claim.Failure of the Insured Claimant (ii) the Insured Claimant shall have the right to have the
•
loss or damage determined either as of the date the if a payment on account of a claim does not fully cover the
claim was made by the Insured Claimant or as of the loss of the Insured Claimant, the Company shall defer the
date it is settled and paid. exercise of its right to recover until after the Insured Claimant
(c) In addition to the extent of liability under (a) and (b), the shall have recovered its loss.
Company will also pay those costs, attorneys' fees, and (b)The Company's right of subrogation includes the rights of
expenses incurred in accordance with Sections 5 and 7 of the Insured to indemnities, guaranties, other policies of
these Conditions. insurance, or bonds, notwithstanding any terms or
9.LIMITATION OF LIABILITY conditions contained in those instruments that address
(a) If the Company establishes the Title, or removes the
subrogation rights.
alleged defect, lien, or encumbrance, or cures the lack of a 14.ARBITRATION
right of access to or from the Land, or cures the claim of Either the Company or the Insured may demand that the claim
Unmarketable Title,all as insured,in a reasonably diligent or controversy shall be submitted to arbitration pursuant to the
manner by any method, including litigation and the Title Insurance Arbitration Rules of the American Land Title
completion of any appeals, it shall have fully performed its Association ("Rules"). Except as provided in the Rules, there
obligations with respect to that matter and shall not be shall be no joinder or consolidation with claims or
liable for any loss or damage caused to the Insured. controversies of other persons. Arbitrable matters may include,
(b) In the event of any litigation, including litigation by the but are not limited to, any controversy or claim between the
Company or with the Company's consent, the Company Company and the Insured arising out of or relating to this
shall have no liability for loss or damage until there has policy, any service in connection with its issuance or the
been a final determination by a court of competent breach of a policy provision, or to any other controversy or
jurisdiction, and disposition of all appeals, adverse to the claim arising out of the transaction giving rise to this policy.
Title,as insured. All arbitrable matters when the Amount of Insurance is
(c) The Company shall not be liable for loss or damage to the $2,000,000 or less shall be arbitrated at the option of either the
Insured for liability voluntarily assumed by the Insured in Company or the Insured. All arbitrable matters when the
settling any claim or suit without the prior written consent Amount of Insurance is in excess of $2,000,000 shall be
of the Company. arbitrated only when agreed to by both the Company and the
10. REDUCTION OF INSURANCE; REDUCTION Insured. Arbitration pursuant to this policy and under the
OR TERMINATION OF LIABILITY Rules shall be binding upon the parties. Judgment upon the
All payments under this policy, except payments made for award rendered by the Arbitrator(s) may be entered in any
costs, attorneys' fees, and expenses, shall reduce the Amount court of competent jurisdiction.
of Insurance by the amount of the payment. 15. LIABILITY LIMITED TO THIS POLICY;
11.LIABILITY NONCUMULATIVE POLICY ENTIRE CONTRACT
The Amount of Insurance shall be reduced by any amount the (a) This policy together with all endorsements, if any,attached
Company pays under any policy insuring a Mortgage to which to it by the Company is the entire policy and contract
exception is taken in Schedule B or to which the Insured has between the Insured and the Company. In interpreting any
agreed, assumed, or taken subject, or which is executed by an provision of this policy, this policy shall be construed as a
Insured after Date of Policy and which is a charge or lien on whole.
the Title,and the amount so paid shall be deemed a payment to (b) Any claim of loss or damage that arises out of the status of
the Insured under this policy. the Title or by any action asserting such claim shall be
12.PAYMENT OF LOSS restricted to this policy.
When liability and the extent of loss or damage have been (c) Any amendment of or endorsement to this policy must be
definitely fixed in accordance with these Conditions, the in writing and authenticated by an authorized person, or
payment shall be made within 30 days. expressly incorporated by Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is made
13. RIGHTS OF RECOVERY UPON PAYMENT a part of this policy and is subject to all of its terms and
OR SETTLEMENT provisions. Except as the endorsement expressly states, it
(a) Whenever the Company shall have settled and paid a claim does not(i) modify any of the terms and provisions of the
under this policy, it shall be subrogated and entitled to the policy, (ii) modify any prior endorsement, (iii) extend the
rights of the Insured Claimant in the Title and all other Date of Policy,or(iv)increase the Amount of Insurance.
rights and remedies in respect to the claim that the Insured 16.SEVERABILITY
Claimant has against any person or property, to the extent
of the amount of any loss, costs, attorneys' fees, and In the event any provision of this policy, in whole or in part, is
expenses paid by the Company. If requested by the held invalid or unenforceable under applicable law, the policy
Company,the Insured Claimant shall execute documents to shall be deemed not to include that provision or such part held
evidence the transfer to the Company of these rights and to be invalid, but all other provisions shall remain in full force
remedies. The Insured Claimant shall permit the Company and effect.
to sue, compromise, or settle in the name of the Insured 17.CHOICE OF LAW; FORUM
Claimant and to use the name of the Insured Claimant in (a) Choice of Law: The Insured acknowledges the Company
any transaction or litigation involving these rights and has underwritten the risks covered by this policy and
remedies. determined the premium charged therefor in reliance upon
the law affecting interests in real property and applicable to
the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the
Land is located.
Therefore, the court or an arbitrator shall apply the law of
the jurisdiction where the Land is located to determine the
validity of claims against the Title that are adverse to the
Insured and to interpret and enforce the terms of this
policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding
brought by the Insured against the Company must be filed
only in a state or federal court within the United States of
America or its territories having appropriate jurisdiction.
18.NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in
writing required to be given to the Company under this policy
must be given to the Company at: Westcor Land Title
Insurance Company, Attn.: Claims, 875 Concourse Parkway
South,Suite 200,Maitland,Florida 32751.
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company:
WESTCOR LAND TITLE INSURANCE COMPANY
2000 S.Colorado Blvd.
#1-3100,Denver,Colorado 80222
File No.: 8737UTG Policy No.: OP-63700317
Address Reference: 819 11th Street,Greeley,CO 80631
Amount of Insurance: $250,000.00
Date of Policy: August 4,2015 at the exact time of recording.
1. Name of Insured:
Board of County Commissioners Weld County,Colorado
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Board of County Commissioners Weld County,Colorado
4. The Land referred to in this policy is described as follows:
The East Thirty feet(E30')of Lot Eleven(11),and the West Fifteen feet(W15')of Lot Twelve(12),in Block
Seventy-seven (77),in the City of Greeley,County of Weld,State of Colorado.
Countersigned
Unified Title Company of Northern Colorado,
LLC
By:
Authorized Officer or Agent
Note: This policy consists of insert pages labeled Schedule A and B.This policy is of no force and effect unless all pages are included
along with any added pages incorporated by reference.
ALT.4 Owner's Policy(6-17-06)
Page I
Schedule 4
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B
File No.: 8737UTG Policy No.: OP-63700317
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by
reason of:
Rights or claims of parties in possession not shown by the public records.
2. Easements or claims of easements not shown by the public records.
3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a correct survey and
inspection of the land would disclose,and which are not shown by the public record.
4. Any lien,or right to a lien,for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof.
6. Any water rights or claims or title to water, in or under the land,whether or not shown by the public records.
7. Taxes and assessments for the year 2015,and subsequent years,a lien not yet due and payable.
8. Oil and gas lease between Greeley Board of Realtors,Inc.and Land Energy, Inc.recorded October 28,2010 at
Reception No.3728384,and any interests therein or rights thereunder.
9. Any and all unrecorded leases or tenancies and any and all parties claiming by,through,or under such leases or
tenancies.
10. All items as shown on the ALTA/ACSM Land Title Survey by king Surveyors,dated July 2,2015,No.2015451 ALTA.
Note:This policy consists of insert pages labeled Schedule A and B.This policy is of no force and effect unless all pages are included
along with any added pages incorporated by reference.
ALTA Owner's Policy(6-17-06)
Page 2
Schedule B
Anti-Fraud Statement
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false,
incomplete, or misleading facts or information to an insurance company for the purpose of
defrauding or attempting to defraud the company. Penalties may include imprisonment,
fines, denial of insurance and civil damages. Any insurance company or agent of an
insurance company who knowingly provides false, incomplete, or misleading facts or
information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from
insurance proceeds shall be reported to the Colorado division of insurance within the
department of regulatory agencies.
This anti-fraud statement is affixed to and made a part of this policy.
Form 110.1 Deletion of Item From Policy
ENDORSEMENT
File No: 8737UTG Attached to Policy No. OP-63700317
Issued by
WESTCOR LAND TITLE INSURANCE COMPANY
The Policy is hereby amended by deleting paragraphs 1, 2, 3 and 4 of Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms and
provisions thereof and of any prior endorsements thereto. Except to the extent
expressly stated, it neither modifies any of the terms and provisions of the policy and
any prior endorsements, nor does it extend the effective date of the policy and any prior
endorsements, nor does it increase the face amount thereof.
Dated: August 4,2015
By:
Authorized Officer or Agent
Property Technica
1719 9th St.
Greeley, CO 80631
Phone: (970)352-2998 Fax: (970)352-3780
1 I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 I (AE41-8-13)(Mandatory 1-14)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.OK
6
7 AGREEMENT TO AMEND/EXTEND CONTRACT
8
9 Date: July 29, 2015
10
11 1. This agreement amends the contract dated November 18, 2014 (Contract),between
12 Greeley Board Of Realtors Inc (Seller), and Board of County Commissioners Weld County,
Colorado
13 (Buyer),relating to the sale and purchase of the following legally described real estate in the County of Weld,
14 Colorado:
15 GR 5225 E3OFT L11 & W15FT L12 B1k 77
16
17
18 known as No. 819 11th Street Greeley Colorado 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. 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 Counter Proposal dated May 11th, 2015 paragraph 5.18 - Seller's obligations under
this Contract are contingent on Seller, within (90) days after MEC (the "Replacement
Property Deadline") August 10th, 2015. Seller hereby waives this contingency.
The Buyer's name shall be changed to "Board of County Commissioners Weld County,
Colorado".
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 August 4, 2015 5:00PM
00PM
40 Date Time
41
42
aD6-13B9
oytat.41 8-I9-2015 Pieav3y
48 Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be
49 made within five days of Earnest Money Holder's receipt of the written mutual instructions signed by both Buyer and Seller,
50 provided the Earnest Money check has cleared.
51 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money(notwithstanding any
52 termination of the Contract),Earnest Money Holder shall not be required to take any action. Earnest Money Holder,at its option
53 and sole subjective discretion,has several options: (1)await any proceeding,(2)interplead all parties and deposit Earnest Money
54 into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees,or(3)provide notice to
55 Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim(between Buyer and
56 Seller)containing the case number of the lawsuit(Lawsuit)within one hundred twenty days of Earnest Money Holder's notice to
57 the parties,Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder
58 does receive a copy of the Lawsuit,and has not interpled the monies at the time of any Order,Earnest Money Holder shall disburse
59 the Earnest Money pursuant to the Order of the Court.
60 12. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing
61 and signed by Buyer,Seller and Closing Company.
62 13. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing,Closing Company shall submit any
63 required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of
64 Natural Resources(Division),with as much information as is available,and the Division shall be responsible for obtaining the
65 necessary well registration information directly from Buyer.Closing Company shall not be liable for delaying Closing to ensure
66 Buyer completes any required form.
67 14. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company
68 to withhold a substantial portion of the proceeds of this sale when Seller is either of the following: (a)is a foreign person,or(b)will
69 not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an
70 exemption exists.
71 15. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
72 Commission.)
73
74
75
76 16. COUNTERPARTS. This document may be executed by each party,separately,and when each party has executed a copy,
77 such copies taken together shall be deemed to be a full and complete contract between the parties.
78 17. BROKER'S COPIES. Closing Company shall provide,to each broker in this transaction,copies of all signed documents
79 that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission.
80 18. NOTICE,DELIVERY,CHOICE OF LAW.
81 18.1. Physical Delivery. Except as provided in§ 18.2,all notices must be in writing.Any notice or document to Buyer
82 is effective when physically received by Buyer,any individual buyer,any representative of Buyer,or Brokerage Firm of Broker
83 working with Buyer.Any notice or document to Seller shall be effective when physically received by Seller,any individual seller,
84 any representative of Seller,or Brokerage Firm of Broker working with Seller.Any notice or document to Closing Company shall
85 be effective when physically received by Closing Company,any individual of Closing Company,or any representative of Closing
86 Company.
87 18.2. Electronic Delivery. As an alternative to physical delivery,any signed documents and written notice may be
88 delivered in electronic form by the following indicated methods only: El Facsimile CI Email ❑X Internet ❑ No Electronic
89 Delivery. Documents with original signatures shall be provided upon request of any party.
90 18.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance
91 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property
92 located in Colorado.
Buyer's Name: Barbara Kirkmeyer, Chair-Board of Weld County
Comissioners
uyer's Signature: to
CL8-9-12.CLOSING INSTRUCTIONS 5/12/2015 18:38 Page 2 of 4
Property Technica
1719 9th St.
Greeley,CO 80631
Phone: (970)352-2998 Fax: (970)352-3780
1 I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 I (CL8-9-12)(Mandatory 1-13)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX
5 OR OTHER COUNSEL BEFORE SIGNING.
6
7 CLOSING INSTRUCTIONS
8
9 Date: May 12, 2015
10
11 1. PARTIES,PROPERTY. Greeley Board Of Realtors Inc,Seller,and
12 Weld County Colorado,Buyer,
13 engage Unified Title Co,Closing Company,who agrees to provide
14 closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property
15 known as No. 819 11th Street Greeley Colorado 80631
16 Street Address City State Zip
17 and more fully described in the Contract to Buy and Sell Real Estate,dated November 18, 2014,including any
18 counterproposals and amendments(Contract).All terms of the Contract are incorporated herein by reference. In the event of any
19 conflict between this Agreement and the Contract,this Agreement shall control,subject to subsequent amendments to the Contract
20 or this Agreement.
21 2. TITLE COMMITMENT,EXCEPTIONS AND POLICY. Closing Company 0 Agrees ❑ Does Not agree that:
22 upon completion of a satisfactory title search and examination,it will furnish a Title Insurance Commitment;and it will issue a
23 Title Insurance Policy provided that all requirements have been fulfilled. Closing Company El Agrees ❑ Does Not agree to
24 furnish copies of Exceptions.
25 3. INFORMATION,PREPARATION.CLOSING,RECORDING. Closing Company is authorized to obtain any
26 information necessary for the Closing. Closing Company agrees to prepare(excluding legal documents),deliver and record all
27 documents required or customarily recorded,and disburse all funds and pursuant to the Contract that are necessary to carry out the
28 terms and conditions of the Contract.
29 4. CLOSING FEE. Closing Company will receive a fee of$300. 00 for providing closing and
30 settlement services(Closing Fee).
31 5. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value
32 prior to receipt and disbursement of Good Funds,except as provided in§§9, 10 and 11.
33 6. DISBURSER. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be
34 separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree
35 that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made.
36 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: ❑ Cashier's Check,at
37 Seller's expense 0 Funds Electronically Transferred(wire transfer)to an account specified by Seller,at Seller's expense
38 ❑ Closing Company's trust account check.
39 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate,complete and detailed closing
40 statement to Buyer and Seller at time of Closing.
41 9. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract,
42 Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,and things of value to the
43 depositing party,upon which Closing Company will be relieved from any further duty,responsibility or liability in connection
44 with these Closing Instructions. In addition,any promissory note,deed of trust or other evidence of indebtedness signed by Buyer
45 will be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender.
46 10. RETURN OF EARNEST MONEY. Except as otherwise provided in§ 11,Earnest Money Dispute,if the Earnest Money
47 has not already been returned following receipt of a Notice to Terminate or other written notice of termination,Earnest Money
CL8-9-12.CLOSING INSTRUCTIONS 5/12/2015 18:38 Page 1 of 4
—
Address: 1150 0 Street P.O. Box 758
Greeley, CO 80632
Phone No.: 970-336-7204
Fax No.: 970-336-7233
Electronic Address:
Seller's Name: Neal Jandreau
Seller's Signa D to
Address: / 819 11th Street
Greeley, CO 80631
Phone No.:
Fax No.:
Electronic Address:
93
94
Closing Company's Name: Unified Title Co
�2.. �
uth zed Signature Title Date
Address: 3690 W 10th Street, 2nd Floor
Greeley, CO 80634
Phone No.: 970-356-3551
Fax No.: 9709356-2063
Electronic Address: bcoonrod@unifiedtitle.com
95
96
97 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
98
99 Dale Souther (Broker), ❑x Working with Seller ❑ Working with Buyer
100 engages Closing Company as Broker's scrivener to complete,for a fee not to exceed$5.00 at the sole expense of
101 Broker,the following legal documents: ❑x Deed X Bill of Sale El Colorado Real Estate Commission approved Promissory
102 Note ❑ Colorado Real Estate Commission approved Deed of Trust. Closing Company agrees to prepare,on behalf of Broker,
103 the indicated legal documents pursuant to the terms and conditions of the Contract.
104
105 The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible
106 for the accuracy of the above documents.
107
108
Brokerage Firm's Name: Property Technica, Inc
Broker's Name: Dale Souther
SaCUZ--
Broker's Signature: Date
CL8-9-12.CLOSING INSTRUCTIONS 5/12/2015 18:38 Page 3 of 4
Closing Company's Name: Unified Title Co
I
1/0S16C-
4.90fized Signature itle Date
109
CL8-9-12.CLOSING INSTRUCTIONS 5/12/2015 18:38 Page 4 of 4
Buyer's Name: Barbara Kirkmeyer, Chair-Board of
Weld County Comissioners
Buyer's Signature Date
Seller's Name: Neal Jandreau
7/Lcc
Seller's Signa e Date
43
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this 4{�-day of c,c;t,c-f— , 2015, by and between
the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of
County Commissioners, hereinafter referred to as "County," and,the Greeley Area Board of Realtors,
Inc., hereinafter referred to as "Tenant".
WHEREAS, County owns property located at 819 11`h Street in Greeley Colorado, the
"Property"), and
WHEREAS, Tenant desires to lease the Property, pursuant to the terms and conditions
contained herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1.TERMS AND DEFINITIONS -
1.1 Leased Premises shall mean the building located at 819 11`)Street, Greeley,CO 80631.
1.2 Lease Commencement Date shall be the 11 day of August, 2015. "Lease Expiration Date" shall be
the 315`day of July, 2016. "Lease Term" shall mean the twelve (12) month period between Lease
Commencement Date and Lease Expiration Date.
1.3 Security Deposit is the equivalent of the first month's rent: $100.00.
1.4 Base Rent shall be$100.00
1.5 Permitted Purpose means that Tenant may use the Leased Premises for any lawful purpose
incidental thereto.
1.6 Agent shall mean the Director of the Weld County Department of Buildings and Grounds, 1105 H
Street, Greeley, Colorado 80631 or any other agent specified in writing by Landlord pursuant to the
provisions for notice in this Lease.
1.7 Landlord's Mailing Address 1150 'O'Street, Greeley, Colorado 80632.
1.8 Tenant's Mailing Address 819 11th Street, Greeley, CO 80631
2. PREMISES
2.1 Lease of Premises. In consideration of the Rent and the provisions of this Lease, Landlord leases to
Tenant and Tenant accepts from Landlord the Leased Premises, subject to the terms and conditions set
forth herein.
2.2 Acceptance of Premises; Condition. Tenant has examined, and accepts the Building,
improvements, Premises, and any fixtures on the premises, in present condition. No
representation, statement, or warranty, express or implied, has been made by or on behalf of
Landlord as to the condition of the premises, or as to the use that may be made of same. In no
event shall Landlord be liable for any defect in the premises or for any limitation on the use of
the premises.
2.4 Parking. Tenant shall have all existing parking associated with the building.
3. PAYMENT OF RENT
1
3.1 Lease term Rent. Tenant agrees and covenants to pay to Landlord as Base Rent, without prior
notice of demand, and without any deduction or setoff whatsoever, as "Base Rent," the sum of one
hundred dollars ($100.00). Tenant shall pay to Landlord the Base Rent in equal monthly installments,
on the fifteenth day of each month during the Term of this Lease, without notice, demand, deduction
or offset (except as may otherwise be provided in this Lease). Said rental shall be paid to Landlord
at Weld County Government, Attention: Buildings&Grounds, P.O. Box 758, Greeley, CO 80632.
3.2 Late Payment. Rent not paid within ten (10) days of the date when due hereunder shall be subject
to a late charge until paid equal to one and one-half percent (11/2%) per month from the date when due,
until paid. In addition, if any installment of Rent is not paid within ten (10) days of the date when due
hereunder,Tenant shall pay to Landlord a late payment charge equal to ten percent (10%) of the
amount of such delinquent payment of Rent in addition to the installment of Rent then owing. Such
charges shall be payable only after nonpayment by Tenant continues for a period of five (5) days after
notice of default has been given by Landlord.Tenant acknowledges that late payment of Rent will cause
Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult
and impracticable to ascertain at this time.Accordingly, the parties agree that the foregoing late charges
represent a reasonable estimate of the loss and expense to be suffered by Landlord by reason of
Tenant's late payment.
3.3 Security Deposit The Security Deposit, as described in section 1.3 shall be paid in full on or before
lease date commencement.
4. IMPROVEMENTS AND POSSESSION
4.1 Improvements to Premises.The Property has been viewed and accepted by tenant. No
improvements are scheduled to take place.
5. UTILITIES
5.1 Services and Utilities. Tenant covenants and agrees to contract in Tenant's own name and to
pay as Additional or separate account,'all charges for water, sewage, disposal, storm drainage fees,
in suite natural gas, electricity, lighting, telephone or other utility services used, rendered or
supplied to or for the Premises. Tenant also agrees to provide janitorial services at the expense of the
Tenant.
5.2 No Liability. Landlord shall not be liable for, and Tenant shall not be entitled to, any red uction
of rental by reason of Landlord's failure to furnish any of the foregoing when such failure is caused
by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any
character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord.
Landlord shall not be liable under any circumstances for loss (including data loss) or injury to
property, however occurring, through or in connection with or incidental to failure to furnish any
of the foregoing.
6. MAINTENANCE
6.1 Maintenance by Tenant. Tenant shall maintain building in good working order which shall
include all business equipment, plumbing backups/plugs, snow removal, trash, janitorial, floor care,
2
and carpet care. Landlord shall have no obligation whatsoever to alter, remodel, improve, maintain,
repair, decorate or paint the Premises or any part thereof, and the parties hereto affirm that
Landlord has made no representations to Tenant respecting the condition of the Premises or the
Building except as specifically herein set forth.
6.2 Maintenance by Landlord. Landlord shall maintain the Premises including, but not limited
to, d oors, plate glass, plumbing (except backups/plugs), air conditioning, heating, ventilation, HVAC
controls and equipment, electrical systems, fixtures, , and appurtenances thereof, in good condition
and repair. Landlord shall repair and maintain the structural components of the Premises and the
Building, including, but not limited to, exterior walls, foundation, roof, plumbing, air conditioning,
heating, ventilation and electrical systems, common facilities and areas, and parking areas. IfLandlord
is required, however, to make-facility or structural repairs by reason of intentional or negligent acts
of Tenant or any person present on the Premises at the request of or for the benefit, direct or
indirect, of Tenant, Tenant shall pay Landlord's cost for making such repairs. Failure of Tenant to pay
such amount immediately shall constitute a material default hereunder. Landlord's obligation to
maintain as set forth above shall not include any supplemental air conditioning.
6.3 Landlord's Right to Cure. If Tenant refuses or neglects to repair the Premises or property as
required hereunder to the reasonable satisfaction of Landlord as soon as reasonably possible
after written demand, Landlord may make such repairs without liability on its part to Tenant for
any loss or damage that may accrue to Tenant's merchandise, personal property, fixtures, equipment
or leasehold improvements or to Tenant's business by reason thereof. Tenant shall pay Landlord's
cost for making such repairs, plus fifteen percent (15%) for overhead immediately upon presentation
of a bill therefore.
6.4 Overload. Tenant shall not install any electrical equipment that overloads the wiring panels,
etc., in the Premises. Tenant shall make at its own expense whatever changes are necessary to
relieve any overload condition and to comply with the requirements of the insurance underwriters or
the governmental authorities having jurisdiction.
6.5 Tenant's Use of Mechanical System. Tenant shall not, at all times during the Lease Term or
during its possession of the Premises, use any mechanical systems or structural
components (e.g., plumbing, heating, demising partitions) in such a manner as to cause damage
thereto.Tenant shall be responsible for, and shall reimburse Landlord for any associated repair.
7.TENANT'S COVENANTS
Tenant agrees to:
7.1 Permitted Use. Use the Leased Premises for the Permitted Purpose only and for no other
purposes.
7.2 Compliance with laws. Comply with the provisions of all current and future recorded covenants,
conditions and restrictions and all current and future building, zoning,fire and other governmental
Laws, ordinances, rules or regulations applicable to the Leased Premises and all current and future
requirements of the carriers of insurance covering the Project. Landlord shall provide Tenant with a
copy of any notice it receives from an insurance carrier pertaining to the Leased Premises insofar as
such notice sets forth an alleged failure to meet the carrier's requirements, and Tenant shall have ten
3
(10)days thereafter to remedy any failure to so comply; provided, however,that such compliance shall
not increase Tenant's insurance requirements hereunder.
7.3 Compliance with Laws; Waste; Nuisance. Tenant covenants that it shall: (a) at its sole cost
and expense, promptly comply with all laws, statutes, ordinances and governmental rules,
regulations or requirements (including, but not limited to, all environmental laws and regulations)
now in force or which may hereafter be in force, and with the requirements of any board of fire
insurance underwriters or other similar bodies now or hereafter constituted, relating to, or
affecting the condition, use or occupancy of the Premises, excluding structural changes not
related to or affected by Tenant's improvements or acts; (b) keep the Premises in clean, neat,
and orderly condition, free of objectionable noise, odors, nuisances, and will in all respects, and
at all times, fully comply with—all health and policy regulations; (c) not suffer, permit, or commit any
waste; and (d) not use, suffer or permit any person(s) to use the Premises or any part thereof,
or common elements (sidewalks, hallways, etc.) for conducting thereon any auction, distress, fire,
bankruptcy, or going out of business sale.
7.4 Insurance Rates. Tenant shall not do or permit anything to be done-in or about the Premises
nor bring or keep anything therein which will in any way increase the existing rate or affect any
fire or other insurance upon the Building or any of its contents, or cause cancellation of any
insurance policy covering said Building or any part thereof or any of its contents.
7.5 Indemnification. Tenant further agrees to defend, indemnify and hold harmless Landlord and any
manager, member, partner, officer, director, or employee of Landlord and any mortgagee (if any) of
Landlord, against any and all claims, demands, liabilities, costs and expenses (including without
limitation reasonable attorneys'fees and expenses, expert witness fees and post-judgment collection
costs) which Landlord may sustain at any time as a result of, arising out of, or in any way connected
with a breach of this agreement. Additionally, Tenant agrees to cease the activity which amounts to
such breach immediately upon receipt of written notice from Landlord or any regulatory or
governmental agency that such activity is in violation of any governmental laws,ordinances,
regulations or rules.Tenant shall give notice to Landlord of any hazardous substances that come to be
located on the Leased Premises.
8.ALTERATIONS, MODIFICATIONS, OR REPAIRS
8.1 Alterations and Additions by Tenant. Tenant shall not make or suffer to be made any
alterations, additions or improvements to the Premises or any part thereof without first obtaining
Landlord's written approval which shall not be unreasonably withheld. Tenant shall present to
Landlord plans and specifications for such work at the time approval is sought. Any alterations,
additions or improvements to the Premises, including, but not limited to, painting, wall
covering, paneling and built-in cabinet work, but excepting tenants personal property and
movable furniture and trade fixtures, shall on the expiration of the Term become a part of the
realty and belong to Landlord and shall be surrendered with the Premises, unless Landlord
otherwise elects. In the event Landlord consents to the making of any alterations, additions or
improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost
and expense, and shall be done in a good and workmanlike manner and diligently presented to
completion such that, except as absolutely necessary during the course of such work, the Premises
shall at all times be a complete operating unit.
4
8.2 Removal. Upon the written demand by Landlord given at least thirty (30) days prior to the end
of the Term, at Tenant's sole cost and expense, Tenant shall forthwith and with all due diligence,
remove any alterations, additions, or improvements made which have been designated by Landlord
to be removed, and repair any damage to the Premises caused by such removal.
8.3 Liens. Tenant covenants and agrees not to permit or suffer, and to cause to be removed
and released, any mechanic's, materialmen's or other lien on account of supplies, machinery,
tools, equipment, labor or material furnished or used in connection with the construction,
alteration, improvement, addition to or repair of the Premises by, through or under Tenant. At
least fifteen ( 15) days prior to any alterations, additions or improvements, Tenant shall provide
written notice to Landlord of the date of commencement of same. Prior to the commencement
of any alterations, additions or improvements, Tenant shall post in conspicuous locations and
maintain on the Premises and Building Notices of Owner's Non-Liability as Landlord may from time
to time require in writing. Tenant shall have the right to contest, in good faith and with
reasonable diligence, the validity of any such lien or claimed lien, provided that Tenant shall give
to Landlord such security as may be reasonably requested by Landlord to insure the payment of
any amounts claimed, including interest and costs, and to prevent any sale, foreclosure or
forfeiture of any interest in the Property on account of any such lien, including, without
limitation, bonding, escrow or endorsement of the title insurance policy of Landlord and any
holder of a mortgage or deed of trust encumbering the Property.
8.4 Signage. Tenant shall obtain the prior approval of the Landlord before placing any additional sign or
symbol in, or visible from, doors or windows or elsewhere in or about the Leased Premises, or upon any
other part of the Building or Project, including building directories, regardless of size or value.Any signs
or symbols which have been placed without Landlord's approval may be removed by Landlord at
Tenant's expense. Upon expiration or termination of this Lease, all signs installed by Tenant shall be
removed at Tenant's expense and any damage resulting therefrom shall be promptly repaired by
Tenant,or such removal and repair may be done by Landlord and the cost charged to Tenant as Rent.
All signage to be installed on or about the Leased Premises shall be in conformance with any and all
existing sign codes and regulations.
8.5 Repairs.Tenant,at its sole expense,shall maintain the interior of the Leased Premises in a neat,
clean and sanitary condition. If Tenant fails to maintain or keep the Leased Premises in good repair and
such failure continues for ten (10) business days after receipt of written notice from Landlord, or if such
failure results in a nuisance or health or safety risk, Landlord may perform any such required
maintenance and repairs and the cost thereof shall be payable by Tenant as Rent within ten (10)
business days of receipt of an invoice from Landlord.Tenant shall also pay to Landlord the costs of any
repair to the Leased Premises, Building or Project necessitated by any act or neglect of Tenant.
9. INSURANCE
9.1 Tenant's Insurance. Tenant shall, at its own expense, procure and maintain during the Lease Term
sufficient insurance to cover any activities conducted on the premises, and any items owned by the
Tenant present on the premises.
10. ASSIGNMENT AND SUBLETTING
10.1 Assignment Prohibited. Tenant shall not, either voluntarily or by operation of law, assign,
5
transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall
not sublet the Premises or any part thereof, or any right or privilege appurtenant thereto, or
suffer any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy
or use the Premises, or any portion thereof, without first obtaining Landlord's written consent,
which may be withheld in Landlord's sole discretion.
10.2 Consent Required. Any assignment or subletting without such consent shall be void, and shall,
at the option of Landlord, constitute a default under this Lease. A consent to one assignment,
subletting, occupation or use by any other person shall not be deemed to be a consent to any
subsequent assignment, subletting,occupation or use by any other person.
10.3 Landlord's Rights in Event of Assignment. If this Lease is assigned or if the Premises or any
portion thereof are sublet or occupied by any person other than Tenant, Landlord may collect
Rent from such assignee or other party, and apply the amount collected to the Rent reserved
hereunder, but such collection and application shall not constitute a consent to or waiver of the
necessity of consent to such assignment, subleasing or other transfer, nor shall such collection and
application constitute the recognition of such assignee, sub-lessee, or other party as the tenant
hereunder or a release of Tenant's obligations hereunder or a waiver of any default by Tenant under
this provision. In the event that Landlord shall consent to an assignment or sublease hereunder,
Tenant shall pay to Landlord reasonable fees, not to exceed $750.00 for the processing of such
assignment or sublease.
10.4 No release of Obligations. No subletting or assignment, even with the consent of Landlord,shall
relieve Tenant of its primary obligation to pay the Rent and to perform all of the other obligations to
be performed by Tenant hereunder.The acceptance of Rent by Landlord from any other person shall
not be deemed to be a waiver by Land lord of any provision of this Lease or to be a consent to any
assignment,subletting or other transfer.Consent to one(1) assignment,subletting or other transfer
shall not be deemed to constitute consent to any subsequent assignment,subletting or other transfer.
10.5 Recapture. As material consideration for the execution of this Lease by Landlord,Tenant hereby
agrees that whenever it delivers notice to Landlord that it desires approval of a sublease or
assignment, Landlord shall have the right to review the terms and conditions of such proposed
sublease or assignment and shall have a right for a period of fifteen (15) business days, to cancel this
Lease as to the portion of the Leased Premises to be assigned or subleased, and enter into a direct
Lease with any prospective sublessee or assignee.Such fifteen (15) day period shall commence upon
Tenant's delivery to Landlord of notice of the terms of the proposed assignment or sublease and
financial statements for the proposed assignee or sublessee. If Landlord exercises its right to cancel
this Lease Tenant shall surrender possession of all,or the applicable portion, of the Leased Premises
which is the subject of this right to cancel, as the case may be, not later than the date on which the
proposed sublease or assignment term would commence. If this Lease is canceled as to a portion of the
Leased Premises only, a written amendment describing the modification to the Leased Premises shall
be executed by both parties and attached to this Lease, and the Rent after the date of cancellation
shall be equitably abated.
11. HAZARDOUS MATERIALS
11.1 Compliance with Regulations.Tenant shall strictly comply with all statutes, laws, codes,
ordinances, rules, regulations and precautions now or hereafter mandated or advised by any federal,
6
state, local or other governmental agency with respect to the use, generation, storage, or disposal of
hazardous, toxic, or radioactive materials (collectively referred to as"Hazardous Materials"). Landlord
shall have the right, but not the obligation, at all reasonable times to inspect the Leased Premises and to
conduct tests and investigations to determine whether Tenant is in compliance with the foregoing
provisions.As used herein, Hazardous Materials shall include, but not be limited to,those substances
defined as"hazardous substances or pollutant or contaminant," "hazardous materials," "hazardous
wastes," "toxic substances," "regulated substances," or other similar designations in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended,42 U.S.C. § 6901,et seq.;
the Resources Conservation and Recovery Act,42 U.S.C. § 1801, et seq.;the Toxic Substances Control
Act, 15 U.S.C. § 2601,et seq.; paragraph 9001 of the Solid Waste Disposal Act, as amended by paragraph
601 of the Hazardous and Solid Waste Amendments of 1984; end any other federal, state or local
governmental statutes, laws, ordinances, and codes, including any and all rules, and regulations, and
precautions promulgated thereunder(collectively, "Environmental Laws" ).Tenant shall not cause, or
allow anyone else under the control of Tenant to cause, any Hazardous Material to be used, generated,
stored, discharged, released or disposed of in, upon or about the Leased Premises or Building, including
all common areas, without the prior written consent of Landlord,which consent may be withheld or
revoked at any time, in the sole discretion of Landlord.Tenant's indemnification of Landlord shall extend
to all liability, including all foreseeable and unforeseeable consequential damages and all fines,
penalties, assessments or charges that may be assessed for the disposal, discharge or release of
Hazardous Materials in, upon or about the Leased Premises, directly or indirectly arising out of the use,
generation, storage,transportation, or disposal of Hazardous Materials by Tenant or anyone under
Tenant's control. Neither the written consent by Landlord to the use, generation, storage, or disposal of
Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, codes,
regulations, and precautions pertaining to Hazardous Materials shall excuse Tenant from Tenant's
obligation to indemnification pursuant to this subsection.Tenant's obligation pursuant to the foregoing
indemnity shall survive the termination of this Lease.
12 LANDLORD'S RESERVED RIGHTS
12.1 Additional Rights Reserved to Landlord. Without notice and without liability to Tenant, or without
effecting an eviction or disturbance of Tenant's use or possession, Landlord shall have the right to (a)
grant utility easements or other easements, subdivide or make other changes in the legal status of the
land underlying the Leased Premises,the Building or the Project as Landlord shall deem appropriate in
its sole discretion; provided such changes do not substantially interfere with Tenant's use of the Leased
Premises for the Permitted Purpose; (b) enter the Leased Premises at reasonable times, and at any time
in the event of an emergency, to inspect, alter or repair the Leased Premises or the Building and to
perform any acts related to the safety, protection,sale or improvement of the Leased Premises or the
Building; (c) install and maintain signs on and in the Building and the Project; and (d) make such
Regulations as, in the reasonable judgment of Landlord, may be needed from time to time for the safety
of the tenants,the care and cleanliness of the Leased Premises,the Building and the preservation of
good order therein. Notwithstanding the foregoing, however, such changes shall (i) be performed so as
to not materially interfere with Tenant's use of the Leased Premises; and (ii) provide for reasonable,
temporary alternative access, parking or services to the extent interruption thereof results from such
changes.
12.2 Entry By Landlord. Landlord reserves and shall at any and all times have the right to enter the
Premises, inspect the same, supply any service to be provided by Landlord to Tenant hereunder, to
submit the Premises to prospective purchasers or tenants, to post notices of non-responsibility,
7
and to alter, improve or repair the Premises and any portion of the Building of which the Premises are
a part that Landlord may deem necessary or desirable, without abatement of rent. Tenant hereby
waives any claim for damages or for any injury or inconvenience to or interference with Tenant's
business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned
thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with
which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and
files, and Landlord shall have the right to use any and all means which Landlord may deem proper to
open said doors in an emergency, in order to obtain entry to the Premises without liability to
Tenant except for any failure to exercise due care for Tenant's property. Any entry to the Premises
obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be
construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an
eviction of Tenant from the Premises or any portion thereof.
13 CASUALTY
13.1 Termination by Landlord. If the Building is made substantially untenantable, or if Tenant's use and
occupancy of the Leased Premises are substantially interfered with, due to damage to the common
areas of the Building, or the Leased Premises are made wholly or partially untenantable by fire or other
casualty, Landlord may, by notice to Tenant within sixty (60) days after the damage, terminate this lease,
and Rent shall be abated from the time the fire or other casualty occurred.
13.2 Restoration. If the Leased Premises are made partially or wholly untenantable by fire or other
casualty and this Lease is not terminated as provided above, Landlord shall not be obligated to restore
the Leased Premises to the condition immediately prior to such casualty.
13.3 Termination by Tenant. If the Landlord does not terminate this Lease as provided above, and
Landlord fails within one hundred eighty (180) days after the date of such casualty to restore the
damaged Common Areas or the Leased Premises to enable Tenant to reoccupy and use the leased
Premises in the manner contemplated by this Lease,Tenant shall have the right to terminate this Lease
by giving Landlord prior notice within five (5) days after the end of such one hundred eighty(180) day
period; provided that the time for Landlord to perform shall be extended by any delay caused by or
attributable to Unavoidable Delay. If Landlord determines that it will be unable to restore such
damaged areas within such one such hundred eighty(180) day period, Landlord shall have the right to
cease its performance and provide Tenant with written notice (the "Extension Notice") of such inability.
The Extension Notice shall set forth the date on which Landlord reasonably believes that such damaged
areas will be restored. Upon receipt of the Extension Notice,Tenant shall have the right to terminate
this Lease by providing notice of termination to Landlord within five (5) days after the date of delivery of
the Extension Notice. In the event that Tenant does not terminate this Lease within such five (5) day
period,the time for the Landlord to restore such damaged areas shall be extended to be the date set
forth in Landlord's Extension Notice or amended Extension Notice as the case may be.
13.4 Rent and Pro-rations. In the event of termination of this Lease pursuant to this paragraph, Rent
shall be prorated on a per diem basis and paid to the date of the casualty, unless the Leased Premises
shall be tenantable, in which case Rent shall be payable to the date of the Lease termination and if only
partly tenantable,Tenant shall receive abatement to the extent that portion is untenantable. If the
Leased Premises are wholly untenantable and this Lease is not terminated, Rent shall abate on a per
diem basis from the date of the casualty until the Leased Premises are ready for occupancy by Tenant. If
part of the Leased Premises are untenantable, Rent shall be prorated on a per diem basis and partially
8
abated in accordance with the part of the Leased Premises which is usable by Tenant until the damaged
part is ready for Tenant's occupancy. Notwithstanding the foregoing, if any damage was proximately
caused by an actor omission of Tenant, its employees, agents, contractors, licensees or invitees, then, in
such event,Tenant agrees that Rent shall not abate or be diminished during the term of this Lease.
14. CONDEMNATION
14.1 Rent Abatement. If all or any part of the Leased Premises shall be taken under power of eminent
domain or sold under imminent threat to any public authority or private entity having such power,this
Lease shall terminate as to the part of the Leased Premises so taken or sold, effective as of the date
possession is required to be delivered to such authority. In such event Base Rent and Tenant's Pro Rata
Share of Excess Operating Costs—shall abate in the ratio that the portion of Tenant's Square Footage
taken or sold bears to Tenant's Square Footage.
14.2 Lease Termination. If a partial taking or sale of the Leased Premises, the Building or the Project (a)
substantially reduces the Tenant's Square Footage, resulting in an inability of Tenant to use the Leased
Premises for the Permitted Purpose, or (b) renders the Building or the Project_commercially unviable to
Landlord, in Landlord's sole opinion, either Tenant in the case of(a), or Landlord in the case of(b), may
terminate this Lease by notice to the other party within thirty(30) days after the terminating party
receives written notice of the portion to be taken or sold.Such termination shall be effective one
hundred eighty (180) days after notice thereof, or when the portion is taken or sold, whichever is
sooner.All condemnation awards and similar payments shall be paid and belong to Landlord, except for
any amounts awarded or paid specifically to Tenant by the acquiring agency for removal and
reinstallation of Tenant's trade fixtures and personal property,Tenant's moving costs or Tenant's
goodwill.
15. INDEMNITY
15.1 Indemnity. Tenant agrees to defend, indemnify and save harmless Landlord against and from any
and all claims, demands, actions, damages, liability and expense in connection with or for loss of or
damage to property or injury or death to any person from any cause whatsoever while in, upon or about
the Leased Premises, or from any such claim, demand, or the like arising from or out of any occurrence
in, upon or about the Leased Premises, by or on behalf of any person,firm or corporation arising from
Tenant's use of the Leased Premises or the conduct of its business or from any activity, work, or thing
done, permitted or suffered by Tenant, in, upon or about the Leased Premises, and Tenant shall further
defend, indemnify and save Landlord harmless against and from any and all claims arising from any
Event of Default, or arising from any act or negligence of Tenant,or any of its agents, contractors,
servants, employees or licensees, and from and against all costs, attorneys'fees, expenses and liabilities
incurred in or arising from any such claim or action or proceeding brought thereon; and in case any
action or proceeding is brought against Landlord by reason of any such claim,Tenant upon notice from
Landlord covenants to resist or defend at Tenant's expense such action or proceeding by counsel
reasonably satisfactory to Landlord.Tenant, as a material part of the consideration to Landlord, hereby
assumes all risk of damage to property in, upon or about the Leased Premises,the Building or the
Project from any source and to whomever belonging, and Tenant hereby waives all claims in respect
thereof against Landlord, except to the extent such damage is caused by Landlord's gross negligence or
willful misconduct.The foregoing waiver shall inure only to the benefit of Landlord and its agents, and
the exception to such waiver for Landlord's gross negligence or willful misconduct shall inure only to the
benefit of Tenant and its agents and to no other party.
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15.2 Limitation of Landlord's Liability. The obligations of Landlord under this Lease do not constitute
personal obligations of the individual managers, members, partners,shareholders, directors, officers,
employees,or agents of Landlord, and Tenant shall look solely to Landlord's interest in the Building and
to no other assets of Landlord,for satisfaction of any liability in respect of this Lease.Tenant will not
seek recourse against the individual managers, members, partners, shareholders, directors, officers,
employees or agents of Landlord or any of their personal assets for such satisfaction. Notwithstanding
any other provisions contained herein, Landlord shall not be liable to Tenant, its contractors, agents or
employees for any consequential damages or damages for loss of profits.
16.TENANT'S DEFAULT AND LANDLORD'S REMEDIES
16.1 Tenant's Default. It shall be an "Event of Default" if Tenant shall(a)fail to pay when due any(i)
monthly installment of Base Rent or of Tenant's Pro Rata Share of Excess Operating Costs, (ii) or any
other Rent; (b)violate or fail to perform any of the other conditions, covenants or agreements herein
made by Tenant, and such violation or failure shall continue for thirty(30)days after written notice
thereof to Tenant by Landlord except that if within the thirty(30) day period Tenant commences and
thereafter proceeds diligently to remedy the violation or failure,Tenant shall not be in default
hereunder if Tenant has fully and completely remedied such violation or failure on or before the date
which is sixty(60) days from the effective date of such notice from Landlord to Tenant of such violation
or failure; (c) make a general assignment for the benefit of its creditors or file a petition for bankruptcy
or other reorganization, liquidation, dissolution or similar relief; (d) have a proceeding filed against
Tenant seeking any relief mentioned in (c) above which is not discharged within sixty(60) days
thereafter; (e) have a trustee, receiver or liquidator appointed for Tenant or a substantial part of its
property; (f) abandon or vacate the Leased Premises for more than six(6)consecutive months;or(g)
default under any other space lease within the Building or Project.
16.2 Remedies on Default. Landlord shall have the following remedies if Tenant commits an Event of
Default.These remedies are not exclusive;they are cumulative in addition to any remedies now or later
allowed by law or in equity.
CONTINUE LEASE. Landlord may continue this Lease in full force and effect. In such case,the Lease will
continue in effect so long as Landlord does not terminate Tenant's right to possession, and Landlord
shall have the right to collect Rent when due. During the period such Event of Default continues,
Landlord can enter the Leased Premises and relet them, or any part of them,to third parties for Tenant's
account.Tenant shall be liable immediately to Landlord for all reasonable costs Landlord incurs in
reletting the Leased Premises including,without limitation, broker's commissions, expenses of
remodeling the Leased Premises required by the reletting,and like costs. Reletting can be for a period
shorter or longer than the remaining term of this Lease.Tenant shall pay to Landlord the Rent due under
this Lease on the date the Rent is due, less the Rent Landlord receives from any reletting. No act by
Landlord allowed by this paragraph shall terminate this Lease unless Landlord notifies Tenant that
Landlord elects to terminate this Lease.
TERMINATE LEASE. Landlord can terminate Tenant's right to possession of the Leased Premises at any
time. No act by Landlord other than giving notice to Tenant shall terminate this Lease.Acts of
maintenance,efforts to relet the Leased Premises or the appointment of a receiver on Landlord's
initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's
right to possession. On termination, Landlord has the right to recover from Tenant:
(a)The worth, at the time of the award,of the unpaid Rent that had been earned at the time of
termination of this Lease;
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(b)The worth, at the time of the award, of the amount by which the unpaid Rent that would have been
earned after the date of termination of this Lease until the time of the award exceeds the amount of the
loss of Rent that Tenant proves could have been reasonably avoided;
(c)The worth, at the time of the award, of the amount by which the unpaid Rent for the balance of the
term after the time of the award exceeds the amount of the loss of Rent that Tenant proves could have
been reasonably avoided;
(d) Any other reasonable amount, and court costs, necessary to compensate Landlord for all detriment
proximately caused by such Event of Default, including, without limitation,any unamortized brokerage
commissions attributable to this Lease, or any unamortized costs of tenant improvements.
RECEIVER. Landlord shall have the right to have a receiver appointed to collect Rent. Neither the filing of
a petition for the appointment of a receiver nor the appointment itself shall constitute an election by
Landlord to terminate this Lease.
COST OF RE-LETTING PREMISES. Upon the occurrence of an Event of Default and Landlord's reentering
of the Premises,Tenant agrees to pay to Landlord, as an additional item of damages, the reasonable
cost of repairs, alterations, redecorating, lease commissions and Landlord's other expenses incurred in
reletting the Leased Premises to a new tenant.
WAIVER. Tenant hereby waives any right of redemption or relief from forfeiture under any present or
future law, if Tenant is evicted or Landlord takes possession of the Leased Premises by reason of the
occurrence of any Event of Default hereunder.
17. TAXES
17.1 Taxes. Landlord shall pay and discharge all real property taxes and assessments which are
levied, assessed, imposed or charged upon the Premises or Property if any. Tenant shall pay and
discharge all personal property taxes which are levied, assessed, imposed or charged upon its
personal property (including, but not limited to, leasehold improvements, equipment, furniture,
fixtures and personal property located in the Premises) or which arise out of or result from the
activities carried on by Tenant upon the Premises. Such taxes shall be paid by the party owing such
taxes promptly when due, provided that each party reserves the right, at their own cost and expense,
to contest any taxes or assessments which it deems to be improper or unreasonable.
18.TERMINATION
18.1 Surrender of Leased Premises. On expiration of this Lease, if no Event of Default exists,Tenant
shall surrender the Leased Premises in the same condition as when the Lease Term commenced,
ordinary wear and tear excepted. Except for furnishings, trade fixtures and other personal property
installed at Tenant's expense, all alterations, additions or improvements, whether temporary or
permanent in character, made in or upon the Leased Premises, either by Landlord or Tenant,shall be
Landlord's property and at the expiration or earlier termination of the Lease or any Renewal Term shall
remain on the Leased Premises without compensation to Tenant; provided that, if Landlord requests in
writing,Tenant shall, at its expense and without delay, remove any alterations, additions or
improvements,that are not defined as Landlord's property made to the Leased Premises by Tenant and
designated by Landlord to be removed, and repair any damage to the Leased Premises or the Building or
the Project caused by such removal. If Tenant fails to repair the Leased Premises, Landlord may
complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. If Tenant
fails to remove such property as required under this Lease, Landlord may dispose of such property in its
sole discretion without any liability to Tenant,and further may charge the cost of any such disposition to
Tenant.
11
18.2 Holdover Tenancy. If Tenant shall hold over after the Lease Expiration Date or at the end of any
Renewal Term,Tenant shall be deemed, at Landlord's option,to occupy the Leased Premises as a tenant
from month to month. During such tenancy, Tenant agrees to pay Landlord, monthly in advance, rent in
the amount of$100 and to be bound by all of the terms, covenants and conditions herein specified. If
Landlord relets the Leased Premises or any portion thereof to a new tenant and the term of such new
lease commences during the period for which Tenant holds over, Landlord shall be entitled to recover
from Tenant all costs and expenses, reasonable attorneys'fees, post-judgment collection costs,
damages (including any reasonable relocation costs or other damages occasioned to such new tenant
and asserted against Landlord) and loss of profits incurred by Landlord as a result of Tenant's failure to
deliver possession of the Leased Premises to Landlord when required under this Lease, together with
any other remedies provided to-Landlord hereunder. After a month to month holdover tenancy has
been initiated, either party may terminate the lease upon 15 days notice before the end of the rental
month.
18.3 Early Termination. This Lease may be terminated early by Tenant upon 30 days notice.
19. MISCELLANEOUS
19.1 Quiet Enjoyment. Subject to the rights of Landlord to enter into the Leased Premises as provided,
if and so long as Tenant pays all Rent and timely keeps and performs each and every term, covenant and
condition herein contained on the part of Tenant to be kept and performed,Tenant shall quietly enjoy
the Leased Premises without hindrance by Landlord.
19.2 Severability. The parties intend this Lease to be legally valid and enforceable in accordance with
all of its terms to the fullest extent permitted by Law. If any term hereof shall be stricken from this Lease
to the extent unenforceable, the same shall be as if it never had been contained herein. Such invalidity
or unenforceability shall not extend to any other term of this Lease, and the remaining terms hereof
shall continue in effect to the fullest extent permitted by Law, the same as if such stricken term never
had been contained herein.
19.3 Applicable Law. This Lease shall be construed according to the laws of the State of Colorado and
the provisions hereof shall be construed in accordance with their fair meaning. Each of the parties has
agreed to the use of the particular language hereof(and in all attached Schedules), and any questions of
doubtful interpretation shall not be resolved solely by any rule or interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the draftsman.The
subject captions; use of different type fonts; or boldfaced, italicized or underlined words have been
inserted for convenience only and shall not be used to alter or interpret the content of this Lease.
19.4 Choice of Venue. Weld County shall be the proper venue for any disputes arising from this lease.
19.5 Binding Effect.The covenants, conditions, warranties and agreements contained in this Lease shall
be binding upon and inure to the benefit of the parties and their respective heirs, successors and
permitted assigns.
19.6 Time. Time is of the essence of this Lease.
12
19.7 Entire Agreement. This Lease and the Schedules attached set forth all the covenants, promises,
agreements, representations, conditions, statements and understandings between Landlord and Tenant
concerning the Leased Premises and the Building, and there are no representations, either oral or
written between the parties other than those in this Lease. Without limiting the foregoing,Tenant,
hereby,specifically waives any claims, rights, or defenses based on any warranties, representations or
guarantees, whatever their form, made at any time, by any party, negligently made or otherwise, except
those warranties, representations or guarantees contained in this Lease.This Lease shall not be
amended or modified except in a writing signed by both parties. Failure to exercise any right in one or
more instance shall not be construed as a waiver of the right to strict performance or as an amendment
to or modification of this Lease.
19.8 Notices. All notices, consents and approvals pursuant to this Lease shall be in writing, sent by(a)
reputable messenger or courier service; (b) a reputable private carrier of overnight mail; (c) personal
delivery by agent of Landlord, Managing Agent, or Tenant;or(d) mailed by United States mail, postage
prepaid, certified mail, return receipt requested, in each case addressed (i) to Landlord or Tenant at the
address designated above with a copy to the Managing Agent, or(ii)to such other address as may
hereafter be designated by either party by written notice.Such notice shall be effective on the earlier to
occur of delivery to the stated address (or upon refusal to accept delivery)or if mailed, three (3) days
after posting at a United States Post Office, when mailed by certified mail to Landlord or Tenant at the
address designated above with a copy to the Managing Agent.
19.9 Force Majeure. Neither party to this Agreement shall be liable to the other for delays in delivery
or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes,
war, flood, earthquakes or Governmental actions.
19.10 Authority.Tenant warrants and represents that it has full authority to enter, into this Lease;that
this Lease constitutes a binding obligation on behalf of Tenant, and that the individual signing on behalf
of Tenant is duly authorized to bind Tenant hereto.
19.11 Default. In the event of any alleged default on the part of Landlord hereunder,Tenant shall give
written notice to Landlord and any mortgagee whose name and address have been supplied to Tenant,
in the manner herein set forth and shall afford Landlord and such mortgagee a reasonable opportunity
to cure any such default.
19.12 Extension or Modification. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall be the basis
for additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has
been unjustly enriched by any additional services, whether or not there is in fact any such unjust
enrichment,shall be the basis of any increase in the compensation payable hereunder.
19.13 Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of County to expend
funds not otherwise appropriated in each succeeding year.
19.14 Governmental Immunity. No term or condition of this contract shall be construed or interpreted
13
as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or
hereafter amended.
19.15 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
19.16 Rules and Regulations. Tenant agrees to follow all the Rules and Regulations attached to this
document.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above
written.
TENANT: r 64O- c..-74c.-74-'Af44(7:44--, 7Vf
Title, Name Da e
I
I
I
I
I
14
LANDLORD:
ATTEST: Mi; y ,k BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLOR PO
BY: . 'tii,/iti d at I ___
D�!�ty Clerk to he Board j F L 'r1 rbara Kirkmeyer, 'hair (77oz0(1 )
APPROVED AS TO FUNDING: P 1861 � ' %
.,' � PROVED AS TO SUBSTANCE:
idaio
___L/A R
4
Controller �t1+ N1 Elected Off ci I or Department Head
AP2R�t / FORM: OM
Director of General Services
my Attorney
15
I
RULES AND REGULATIONS
Except as otherwise provided in any provision of the Lease the following Rules and Regulations shall
apply:
1.Tenant shall give Landlord prompt notice of all accidents to or defects in air conditioning equipment,
plumbing, electrical facilities or any part of appurtenances of leased premises.
2. If any leased premises becomes infested with vermin, any tenant, at its sole cost and expense,shall
cause its premises to be exterminated from time to time to the satisfaction of Landlord and shall employ
such exterminators as shall be approved by Landlord, except in the event such infestation is due to
Landlord's culpable negligence or willful misconduct.
3.Wherever the word "tenant" occurs, it is understood and agreed that it shall also mean any tenant's
associates,employees, agents and any other person entering the Building or leased premises under the
express or implied invitation of such tenant.Tenant shall cooperate with Landlord to assure compliance
by all such parties with rules and regulations.
4.A tenant shall not do anything in its leased premises, or bring or keep anything herein, which will in
any way increase or tend to increase the risk of fire or rate of insurance, or which shall conflict with the
regulations of the fire department or the fire laws or with any insurance policy on the Building or any
part thereof, or with any rules or ordinances established by Municipal Authority.
16
Property Technica
1719 9th St.
Greeley, CO 80631
Phone: (970)352-2998 Fax: (970)352-3780
l I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 I (AE41-8-13)(Mandatory 1-14)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.OK
6
7 AGREEMENT TO AMEND/EXTEND CONTRACT
8
9 Date: July 29, 2015
10
11 1. This agreement amends the contract dated November 18, 2014 (Contract),between
12 Greeley Board Of Realtors Inc (Seller), and Board of County Commissioners Weld County,
Colorado
13 (Buyer),relating to the sale and purchase of the following legally described real estate in the County of Weld,
14 Colorado:
15 GR 5225 E3OFT L11 & W15FT L12 Blk 77
16
17
18 known as No. 819 11th Street Greeley Colorado 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. 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 Counter Proposal dated May 11th, 2015 paragraph 5.18 - Seller's obligations under
this Contract are contingent on Seller, within (90) days after MEC (the "Replacement
Property Deadline") August 10th, 2015. Seller hereby waives this contingency.
The Buyer's name shall be changed to "Board of County Commissioners Weld County,
Colorado".
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 August 4, 2015 5:OOPM
40 Date Time
41
42
48 Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be
49 made within five days of Earnest Money Holder's receipt of the written mutual instructions signed by both Buyer and Seller,
50 provided the Earnest Money check has cleared.
51 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money(notwithstanding any
52 termination of the Contract),Earnest Money Holder shall not be required to take any action.Earnest Money Holder,at its option
53 and sole subjective discretion,has several options: (1)await any proceeding,(2)interplead all parties and deposit Earnest Money
54 into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees,or(3)provide notice to
55 Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim(between Buyer and
56 Seller)containing the case number of the lawsuit(Lawsuit)within one hundred twenty days of Earnest Money Holder's notice to
57 the parties,Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder
58 does receive a copy of the Lawsuit,and has not interpled the monies at the time of any Order,Earnest Money Holder shall disburse
59 the Earnest Money pursuant to the Order of the Court.
I 60 12. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing
61 and signed by Buyer,Seller and Closing Company.
62 13. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing,Closing Company shall submit any
63 required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of
64 Natural Resources(Division),with as much information as is available,and the Division shall be responsible for obtaining the
65 necessary well registration information directly from Buyer. Closing Company shall not be liable for delaying Closing to ensure
66 Buyer completes any required form.
67 14. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company
68 to withhold a substantial portion of the proceeds of this sale when Seller is either of the following: (a)is a foreign person,or(b)will
69 not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an
70 exemption exists.
71 15. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
72 Commission.)
73
74
75
76 16. COUNTERPARTS. This document may be executed by each party,separately,and when each party has executed a copy,
77 such copies taken together shall be deemed to be a full and complete contract between the parties.
78 17. BROKER'S COPIES. Closing Company shall provide,to each broker in this transaction,copies of all signed documents
79 that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission.
80 18. NOTICE,DELIVERY,CHOICE OF LAW.
N 81 18.1. Physical Delivery. Except as provided in§ 18.2,all notices must be in writing. Any notice or document to Buyer
82 is effective when physically received by Buyer,any individual buyer,any representative of Buyer,or Brokerage Firm of Broker
83 working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller,any individual seller,
84 any representative of Seller,or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall
85 be effective when physically received by Closing Company,any individual of Closing Company,or any representative of Closing
86 Company.
87 18.2. Electronic Delivery. As an alternative to physical delivery,any signed documents and written notice may be
88 delivered in electronic form by the following indicated methods only: X❑ Facsimile X❑ Email ❑x Internet El No Electronic
89 Delivery. Documents with original signatures shall be provided upon request of any party.
90 18.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance
91 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property
92 located in Colorado.
Buyer's Name: Barbara Kirkmeyer, Chair-Board of Weld County
Comissioners
7/( ,
4 /2/ /3-
uyer's Signature: te
1 14141-1-4--
CL8-9-12.CLOSING INSTRUCTIONS 5/12/2015 18:38 Page 2 of 4
Property Technica
1719 9th St.
Greeley, CO 80631
Phone: (970)352-2998 Fax: (970)352-3780
1 I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 I (CL8-9-12)(Mandatory 1-13)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX
5 OR OTHER COUNSEL BEFORE SIGNING.
6
7 CLOSING INSTRUCTIONS
8
9 Date: May 12, 2015
10
11 1. PARTIES,PROPERTY. Greeley Board Of Realtors Inc,Seller,and
12 Weld County Colorado,Buyer,
13 engage Unified Title Co,Closing Company,who agrees to provide
14 closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property
15 known as No. 819 11th Street Greeley Colorado 80631
16 Street Address City State Zip
17 and more fully described in the Contract to Buy and Sell Real Estate,dated November 18, 2014,including any
18 counterproposals and amendments(Contract). All terms of the Contract are incorporated herein by reference. In the event of any
19 conflict between this Agreement and the Contract,this Agreement shall control,subject to subsequent amendments to the Contract
20 or this Agreement.
21 2. TITLE COMMITMENT,EXCEPTIONS AND POLICY. Closing Company ❑x Agrees ❑ Does Not agree that:
22 upon completion of a satisfactory title search and examination,it will furnish a Title Insurance Commitment;and it will issue a
23 Title Insurance Policy provided that all requirements have been fulfilled. Closing Company 0 Agrees ❑ Does Not agree to
24 furnish copies of Exceptions.
25 3. INFORMATION,PREPARATION.CLOSING,RECORDING. Closing Company is authorized to obtain any
26 information necessary for the Closing. Closing Company agrees to prepare(excluding legal documents),deliver and record all
27 documents required or customarily recorded,and disburse all funds and pursuant to the Contract that are necessary to carry out the
28 terms and conditions of the Contract.
29 4. CLOSING FEE. Closing Company will receive a fee of$300.00 for providing closing and
30 settlement services(Closing Fee).
31 5. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value
32 prior to receipt and disbursement of Good Funds,except as provided in§§9, 10 and 11.
33 6. DISBURSER. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be
34 separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree
35 that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made.
36 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: ❑ Cashier's Check,at
37 Seller's expense ❑X Funds Electronically Transferred(wire transfer)to an account specified by Seller,at Seller's expense
38 ❑ Closing Company's trust account check.
39 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate,complete and detailed closing
40 statement to Buyer and Seller at time of Closing.
41 9. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract,
42 Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,and things of value to the
43 depositing party,upon which Closing Company will be relieved from any further duty,responsibility or liability in connection
44 with these Closing Instructions. In addition,any promissory note,deed of trust or other evidence of indebtedness signed by Buyer
45 will be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender.
46 10. RETURN OF EARNEST MONEY. Except as otherwise provided in§ 11,Earnest Money Dispute,if the Earnest Money
47 has not already been returned following receipt of a Notice to Terminate or other written notice of termination,Earnest Money
CL8-9-12.CLOSING INSTRUCTIONS 5/12/2015 18:38 Page 1 of 4
Address: 1150 O Street P.O. Box 758
Greeley, CO 80632
Phone No.: 970-336-7204
Fax No.: 970-336-7233
Electronic Address:
Seller's Name: Neal Jandreau
k /
Seller's Signatu : D to
Address: 819 11th Street
Greeley, CO 80631
Phone No.:
Fax No.:
Electronic Address:
93
94
Closing Company's Name: Unified Title Co
&- /3-'5
uthorized Signature itle Date
Address: 3690 W 10th Street, 2nd Floor
Greeley, CO 80634
Phone No.: 970-356-3551
Fax No.: 9709356-2063
Electronic Address: bcoonrod@unifiedtitle.com
95
96
97 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
98
99 Dale Souther (Broker), 0 Working with Seller ❑ Working with Buyer
100 engages Closing Company as Broker's scrivener to complete,for a fee not to exceed$5.00 at the sole expense of
101 Broker,the following legal documents: ❑x Deed fI Bill of Sale El Colorado Real Estate Commission approved Promissory
102 Note Cl Colorado Real Estate Commission approved Deed of Trust. Closing Company agrees to prepare,on behalf of Broker,
103 the indicated legal documents pursuant to the terms and conditions of the Contract.
104
105 The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible
106 for the accuracy of the above documents.
107
108
Brokerage Firm's Name: Property Technica, Inc
Broker's Name: Dale Souther
C)"'6 c2a9CIZ <S7-62—AS
Broker's Signature: Date
CL8-9-12.CLOSING INSTRUCTIONS 5/12/2015 18:38 Page 3 of 4
Closing Company's Name: Unified Title Co AA-4 --aut 'zed Signature the Date
109
CL8-9-12.CLOSING INSTRUCTIONS 5/12/2015 18:38 Page 4 of 4
•
Buyer's Name: Barbara Kirkmeyer, Chair-Board of
Weld County Comissioners
LAIL 0/ 7.S"
Buyer's Signature Date
Seller's Name: Neal Jandreau
Seller's Signa e Date
43
Unified Title Company of Northern Colorado, LLC
3690 West 10th Street,2nd Floor
Greeley,CO 80634
PHONE: 970-356-3551 FAX: 970-356-2063
PURCHASERS SETTLEMENT STATEMENT
CASE NO.: 8737UTG
SETTLEMENT DATE: August 4,2015 DATE OF PRORATION: August 4,2015
PROPERTY ADDRESS: 819 11th Street
Greeley,CO 80631
SELLER: Greeley Board of Realtors,Inc.,a PURCHASER: Board of County Commissioners Weld
Colorado non-profit corporation County,Colorado
LEGAL DESCRIPTION: E30'Lot 11 and W15' Lot 12,Block 77,
Greeley City,County of Weld,State of
Colorado.
DESCRIPTION DEBIT CREDIT
Deposit or earnest money $10,000.00
County Property Taxes 1/1/2015 thru 8/3/2015 $2,724.56
Contract Sales Price $250,000.00
Settlement or closing fee to Unified Title Co.of Northern Colorado(Greeley) $95.00
Delete Exceptl-5(Owner)End to Unified Title Co. of Northern Colorado(Greeley) $200.00
Tax Certificate to Unified Title Co.of Northern Colorado(Greeley) $25.00
Recording Fees to Weld County Clerk And Recorder $16.00
State tax/stamps to eTRCO,LLC $25.00
Sub-totals $250,361.00 $12,724.56
Balance Due From Purchaser $237,636.44
TOTALS $250,361.00 $250,361.00
APPROVED AND ACCEPTED
Sales or use taxes on personal property not included UNIFIED TITLE COMPANY OF NORTHERN COLORADO,LLC assumes no
responsibility for the adjustment of special taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due.
The condition of title to the property is to be determined by reference to the title evidence provided by Seller or by personal
investigation. The above statement of settlement is approved as of the settlement date shown above and Escrow Holder is hereby
authorized to disburse as Trustee funds as indicated.
Purchaser Wheeler Management Group
Board f County Commis io ers Weld County,Colorado
Broker/A nt
B ' _ Jim Ve g/Ron Randel
arbara Kirkmeyer, hair
Closing Agent
ied t e Company of Northern
Colorado,LLC
BILL OF SALE
KNOW BY ALL THESE PRESENT,That Greeley Board of Realtors,Inc.,a Colorado non-profit corporation of the County of
Weld, in the State of Colorado, Seller(s), for all and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE
CONSIDERATION to him in hand paid at or before the ensealing or delivery of these presents by Board of County Commissioners
Weld County,Colorado of the County of Weld, in the State of Colorado, Purchaser(s),the receipt of which is hereby acknowledged
has bargained and sold, and by these presents does grant and convey unto the said Purchaser(s), his personal representatives,
successors and assigns,the following property,goods and chattels,to wit:
a. Inclusions. The Purchase Price includes the following items(Inclusions):
(1) Fixtures. If attached to the Property on the date of the contract,the following items are included unless excluded under
Exclusions: lighting,heating,plumbing,ventilating and air conditioning fixtures,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
remote controls:
Other Fixtures:
If any fixtures are attached to the Property after the date of this Contract,such additional fixtures are also included in the Purchase
Price.
(2) Personal Property. If on the Property,whether attached or not,on the date of the Contract,the following items are included
unless excluded under Exclusions: storm windows,storm doors,window and porch shades,awnings,blinds,screens,window
coverings,curtain rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates,heating stoves,storage sheds,and
all keys. If checked,the following are included:()Water Softeners(x)Smoke/Fire Detectors(x)Carbon Monoxide Alarms
(x)Security System()Satellite Systems(Including satellite dishes).
Other Personal Property: NONE
The Personal Property to be conveyed at Closing must be conveyed by Seller free and clear of all taxes(except personal property taxes
for the year of Closing),liens and encumbrances,except N/A.
(3) Parking and Storage Facilities. ( )Use Only ( )Ownership of the following parking facilities: ;and ( )
Use Only ( )Ownership of the following storage facilities:
b. Exclusions. The following items are excluded(Exclusions):Owner's and tenant's personal property
c.Water Rights,Well Rights,Water and Sewer Taps.
(1) Deed Water Rights. The following legally described water rights:
Any deeded water rights will be by a good and sufficient deed at closing.
(2) Other Rights Relating to Water: The following rights relating to water not included in§§ 1,3,4 and 5,will be transferred
to Buyer at Closing: NONE.
(3) Well Rights. Seller agrees to supply required information to Buyer about the well.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 be providing a closing service
in connection with the transaction,Buyer shall file the form with the Division within sixty days after Closing. The Well
Permit# is: N/A.
(4) Water Stock Certificates.The water stock certificates to be transferred at Closing are as follows: N/A
(5) Water and Sewer Taps.Note: Buyer is advised to obtain,from the provider,written confirmation of the amount
remaining to be paid,if any,time and other restrictions for transfer and use of the tap.
(6) Conveyance.If Buyer is to receive any rights to water pursuant to §2(Other Rights Relating to Water), §3 (Well Rights),or
§4(Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at
Closing.
located at 819 11th Street,Greeley,CO 80631
TO HAVE AND TO HOLD the same unto the Purchaser(s), his personal representatives, successors and assigns,forever. The said
Seller(s)covenants and agrees with the Purchaser(s)his personal representatives,successors and assigns to WARRANT and DEFEND
the sale of said property,goods and chattels,against all and every person or persons whomsoever.When used herein,the singular shall
include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, The Seller(s)have hereunto set their hands and seals, this 4th day of August, 2015.
Greeley Board of Realtors,Inc.,a Colorad n-profit corporation
By:
Neal Jandrea Ch
State of Colorado
County of Weld
The foregoing instrument was acknowledged before me this 4th day of August,2015,by Neal Jandreau as Chair for Greeley
Board of Realtors,Inc.,a lo non-profit corporation.
5�t`� NE./14
Witness my hand and ;'' ARY `
My commission exp. s: NOT!'I
�� P Liu ot. Pu left
TOF CO-
_
My Comenisston Exp res
Unified Title Company of Northern Colorado, LLC
3690 West 10th Street,2nd Floor,Greeley, CO 80634 Phone: 970-356-3551 Fax: 970-356-2063
REAL ESTATE TAX, WATER, ASSESSMENT, AND HOA AGREEMENT
Date: 08/04/2015 File No.: 8737UTG
Property: 819 11th Street,Greeley,CO 80631
I. TAXES:The basis of the tax proration is as follows:
()The previous year's taxes in the amount of
(X)An estimate of taxes for the current year:
0 Total assessed value:
0 Mill Levy
0 Total Estimated Taxes:$4,625.41
()Other
SUCH PRORATION SHALL BE CONSIDERED A FINAL SETTLEMENT UNLESS OTHERWISE AGREED IN WRITING BY BUYER
AND SELLER. IF THE PRORATION IS NOT FINAL SETTLEMENT, THE BUYER(S) AND SELLER(S) HEREBY AGREE THAT
THEY ASSUME FULL RESPONSIBILITY FOR PURSUING AND EFFECTING THE ADJUSTMENT, AND Unified Title Company of
Northern Colorado,LLC SHALL HAVE NO RESPONSIBILITY IN REGARD THERETO.
The above figures were obtained by telephone from the County Treasurer's and/or Assessor's office. UNIFIED TITLE COMPANY OF
NORTHERN COLORADO, LLC is released from any and all liability in the event the County misquoted the assessment and/or mill levy figures.
Any further adjustments shall be made solely between the Buyer(s) and Seller(s), if necessary, and will not make or be responsible for this re-
adjustment or any liability connection therewith.
UNIFIED TITLE COMPANY OF NORTHERN COLORADO,LLC assumes no responsibility for pursuing and effectuating any readjustments and
is released from any and all responsibility for said readjustments.
UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC assumes no responsibility for the adjustment of special assessments,taxes,or
for the exception of said items in the conveyance, unless they are shown on the County Treasurer's Certificate of Taxes Due. Seller(s) hereby
warrants that special assessments affecting subject property, including but not limited to Homeowner's Association dues or assessments, are paid in
full,except as reflected on the statement of settlement.
II. WATER / SEWER: The Seller (s) and Buyer(s) of the property fully understand that the Telephone Company, Gas Company, Electric
Company,and the present Hazard Insurance Agency WILL NOT BE NOTIFIED BY THE ESCROW AGENT.
PER VERBAL INFORMATION FROM: City of Greeley
()Escrow Agent has withheld from the seller's proceeds to pay the final billing for any water and/or sewer charges.Funds withheld in excess of the
amount due on the final statement shall be returned to the seller.In the event the final bill exceeds the escrowed amount,any additional charges are the
responsibility of the seller and/or buyer.
()Water and sewer is paid in the HOA dues.
( )Escrow Agent has not prorated for water and sewer.Any adjustments required will be made between buyer(s)and seller(s)and are not a part of the
closing.
III. HOMEOWNER'S/CONDOMINIUM ASSOCIATION:
(X)Not Applicable
()The homeowner's or condominium association has provided verbal or written information to the Escrow Agent,and has indicated that for the current
assessable period,the assessment of ()has()has not been paid. The assessment()has()has not been prorated between the buyer(s)and seller(s). If
applicable,any working capital/transfer fees/statement fees have also been collected per the HOA statement and purchase contract.
Buyer(s) and seller(s) have reviewed the above referenced HOA information and hereby agree that it represents a complete and accurate list of
associations / sub associations for the above referenced property. Unified Title Company of Northern Colorado, LLC is hereby released of any
liability with regard to any associations/sub associations not listed above.
CLOSING DATE: August 4,2015
Greeley Board of Realtors,Inc.,a Colorado non-profit Board of County Commissio e s Weld County,Colorado
corporation
By:
By: �-(� \ arbara Kirkmeyer,Ch ir
Neal Jandr:au, ir
Seller(s)Forwarding Address: Buyer(s)Forwarding Address:
Miller, Becky
From: Yesenia Padilla <Yesenia.Padilla@Greeleygov.com> on behalf of utility Billing
<utility.Billing@Greeleygov.com>
Sent: Friday,July 31, 2015 5:00 PM
To: Miller, Becky
Subject: RE: Greeley final water request.doc
Attachments: transfer of ownership.doc
Unified Title Company
3690 W. 10th Street
Greeley, Co 80634
PHONE#970-356-3551 & FAX#970-797-0638
FINAL WATER REQUEST
Address: 819 11th Street, Greeley, Colorado
Seller: GARA
Purchaser: Weld County Colorado
Billing Address PO Box 758, Greeley, CO 80632
Meter Reading Date: July 31, 2015
Closing Date: August 4,2015
Contact: Becky Miller(bmiller@unifiedtitle.com)
Send Request to: utility.billingPgreeleygov.com
"If this property is a non-residential property, and was developed after 1988, it may be subject to the raw water
surcharge as stated in Paragraph C, Section 14.24.100, of the Greeley Municipal Code. The raw water surcharge,
if applicable,will be calculated for a calendar year and billed in the following year for any water consumption that
is in excess of the annual allotment for the property."
Account#: 004-764647-01
Amount Due: $27.44
Billing Clerk: Yesenia
1
Certificate Of Taxes Due
Account Number R2826286 Certificate Number 110911
Parcel 096105335006 Order Number
Assessed To Vendor ID 91
GREELEY BOARD OF REALTORS INC UNIFIED TITLE GREELEY
819 II ST 3690 W 10111 ST 2ND FLOOR
GREELEY,CO 80634
GREELEY,CO 80631
Legal Description Situs Address
GR 5225 E30FT L I I&W I5FT LI2BLK77 819 11 ST GREELEY 000000000
Year Tax Interest Fees Payments Balance
Tax Charge
2014 $4,525.56 $0.00 $0.00 ($4,525.56) $0.00
Total Tax Charge $0.00
Grand Total Due as of 05/18/2015 $0.00
Tax Billed at 2014 Rates for'lax Arca 2689-2689
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 15.8000000* $887.66 OFFICES-LAND $29,925 $8,680
SCHOOL DIST 116 37.8800000 $2,128.11 OFFICES- $163,800 $47,500
NORTHERN COLORADO WA'T'ER(NC 1.0000000 $56.18 IMPROVEMENTS
GREELEY CITY 11.2740000 $633.38 Total $193,725 $56,180
AIMS JUNIOR COLLEGE 6.3330000 $355.79
DOWNTOWN DEVELOPMENT AUTHOR 5.0000000 $280.90
111O11 PLAINS LIBRARY 3.2670000 $183.54
Taxes Billed 2014 80.5540000 $4,525.56
*Credit Levy
WARNING-THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS OR PARENT OR CHILD ACCOUNTS.
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO
ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED
PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-SEPTEMBER 1,REAL PROPERTY-
SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS,
THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number,personal property taxes,transfer tax or misc.tax
collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for
unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein.
In witness whereof,I have hereunto set my hand and seal.
TREASURER,WELD COUNTY,John R.Lefebvre,Jr.
1400 N.17th Avenue
Greeley,CO 80631
May 18, 2015 2:39:41 PM Page 1 of 1
Unified Title Company of Northern Colorado, LLC
Compliance Agreement
PURCHASER: Board of County Commissioners Weld County,Colorado
SELLER: Greeley Board of Realtors,Inc.,a Colorado non-profit corporation
FILE NO: 8737UTG
PROPERTY ADDRESS: 819 11th Street,Greeley CO 80631
LEGAL: The East Thirty feet(E30') of Lot Eleven (11), and the West Fifteen feet(W15') of Lot Twelve (12), in Block
Seventy-seven (77), in the City of Greeley, County of Weld, State of Colorado.
It is expressly agreed and understood between the undersigned parties that Unified Title Company of Northern
Colorado,LLC is acting as Closing Agent in the above referenced transaction and shall in no way be liable as to the
accuracy or completeness of any Payoff Statement and/or Assumption Statement that has been provided to said
Company for the purposes of closing this transaction.
Unified Title Company of Northern Colorado,LLC has acted in good faith in compiling the data and information
as set forth on the applicable Settlement Statement(s). The undersigned agree that any additional funds due and
payable after closing will be immediately paid by the responsible party(s).
The undersigned further agree that in the event any of the documents required in this closing misstate or inaccurately
reflect the true and correct terms and provisions thereof; and said misstatement or inaccuracy is due to a unilateral
mistake on the part of Unified Title Company of Northern Colorado,LLC mutual mistake on the part of the
undersigned and Unified Title Company of Northern Colorado,LLC or clerical error,then in such event the
undersigned shall upon request by Unified Title Company of Northern Colorado,LLC and in order to correct such
misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Unified
Title Company of Northern Colorado,LLC may deem necessary to remedy said inaccuracy or mistake.
IN WITNESS WHEREOF, the party (s) has/have executed this Agreement this 4th day of August,2015
Buyers: Contact Phone#: Sellers: Contact Phone#:
Email Address: Email Address:
Board of County Commissioners Weld County,Colorado Greeley Board of Realtors,Inc.,a Colorado non-profit
corporation
Barbara Kirkmey r,Chair / By:
Neal Jan o rea.,Chair
STATE OF: Colorado
COUNTY OF: Weld
The foregoing instrument was acknowledged before me thisAugust 4,2015 by Neal Jandreau as Chair for Greeley Board of
Realtors,Inc.,a Colorado noOzgrof p, ration.
Witness my hand and offici ea��OTq�y '
•
My Commission Expires !" /taqBoo
Notary Public
C.
STATE OF: Colorado
COUNTY OF: Weld Comni94f°n ExFires
' \ IE Nl
The foregoing instrumentivpeacicrrowipasgep before me thisAugust 4,2015 by Barbara Kirkmeyer as Chair for Board of County
Commissioners Weld Coun. C o d P
Witness my hand and o icial se` 1 °
1 ': D /A My Commission Expir ' ts�+; OX fig; _or
„ r Lys Notary Public
May Carnmisdson ExOrot
ORDER NUMBER:8737UTG
Agents for Westcor Land Title Insurance Company
AFFIDAVIT AND AGREEMENT
STATE OF Colorado
COUNTY OF Weld
The undersigned, being the seller(s) or purchaser(s) of the real property described in Paragraph 9 hereof, and being duly sworn
upon oath, depose(s)and say(s):
1. The representations, covenants and agreements contained herein are made to induce Unified Title Company of Northern
Colorado, LLC and to authorize its title insurance policies to be issued covering the real property described in
Paragraph 9 hereof, with full knowledge and intent that such representations, covenants and agreements be relied upon.
2. No construction or repair of improvements on or in the real property described in Paragraph 9 hereof has been
commenced or contracted for which has not been fully completed and fully paid for more than four full months prior to
the execution hereof, except as described in Paragraph 8.
3. No claims have been made to Affiant(s) or to any other person within the knowledge of Affiant(s) on account of work
done or materials furnished to the real property described in Paragraph 9 hereof, except as described in Paragraph 8
hereof.
4. Affiant(s) know(s)of no violation of any restrictive protective covenants or governmental restrictions relating to the
real property described in Paragraph 9 hereof, and Affiant(s)know(s) of no encroachment of improvements onto any
adjoining real property or encroachment of improvements from any adjoining real property onto the real property
described in Paragraph 9 hereof, except as described in Paragraph 8.
5. Affiant(s) know(s) of no parties in possession of or claiming possessors' rights pertaining to the real property described
in Paragraph 9 hereof other than Affiant(s), except as described in Paragraph 8 hereof.
6. Affiant(s) know(s)of no outstanding sale contract conditional sale contract, security agreements, or financing
statements, as to the real property described in Paragraph 9 hereof, except as described in Paragraph 8 hereof.
7. Affiant(s) covenant(s) and agree(s)to indemnify and hold harmless Unified Title Company of Northern Colorado, LLC,
from any loss or damage which would not have occurred if the representations contained herein had been true and if the
covenants and agreements contained herein had been fully performed.
8. All exceptions relating to Paragraphs 2, 3,4, 5, and 6 hereof are as follows:
NO EXCEPTIONS
9. The real property to which this affidavit and agreement relates is located in the State of Colorado and is described as
follows:
The East Thirty feet(E30')of Lot Eleven (11), and the West Fifteen feet(W15') of
Lot Twelve(12), in Block Seventy-seven (77), in the City of Greeley, County of
Weld, State of Colorado.
Property Address: 819 11th Street, Greeley,CO 80631
Greeley Board of Realtors,Inc.,a Colorado no - — Board of County Commis io ers Weld,.County,Colorado
corporation
By ./1
By: , arbara Kirkmeyer, hair
Neal Jan u,Chair
State of Colorado `" `4
County of Weld 51'\51,tiNE
The foregoing instrument a�st�►�iscF�I�D�A�d''a. , worn to before me this August 4,2015,byNeal Jandreau as Chair for Greeley Board of
Realtors, Inc.,a Cobra o rion-prof orp r tion.
My Commission expires: Witnes y hand nd offici seal.
�- k inQ dar -
rOfi co-,- Po
Notary Public
My Commission Expires
State of Colorado
County of Weld
The foregoing instrument was subscribed and sworn to before me this August 4,2015, byBarbara Kirkmeyer as Chair for Board of
County Commissioners Weld Coun._„�ty, �Col��orado.
My Commission expires: c1( /j,�53u(o Wi e my had and off ci l seal.
1 4(
C LC_p/.
....025,-- Notary Public
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My Comnnissnn Expires
4130826 08/04/2015 03:47 PM
Total Pages: 1 Rec Fee: $11 .00 Doc Fee: $25.00
Carly Koppes - Clerk and Recorder, Weld County, CO
SPECIAL WARRANTY DEED
DOC FEE: $25.00
THIS DEED,made this 4th day of August,2015
between Greeley Board of Realtors,Inc.,a Colorado non-profit corporation,of the County of Weld and State of
Colorado,grantor(s),and Board of County Commissioners Weld County,Colorado whose legal address is 1150
O Street,Greeley CO 806 f the County of Weld and State of Colorado,grantee(s):
WITNESS, that the grantor(s), for and in consideration of the sum of TWO HUNDRED FIFTY THOUSAND
AND 00/100 DOLLARS($250,000.00), 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),his/her heirs,and assigns forever,Tenant in Severalty,all the real property,together with improvements,
if any,situate, lying and being in the County of Weld and State of Colorado,described as follows:
The East Thirty feet(E30')of Lot Eleven(I 1),and the West Fifteen feet(W15')of Lot Twelve(12),in Block
Seventy-seven(77),in the City of Greeley,County of Weld,State of Colorado.
also known by street and number as: 819 11th Street,Greeley,CO 80631
TOGETHER with all and singular the hereditaments and appurtenances thereunto 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), his/her heirs, and assigns forever. The grantor(s), for himself/herself, his/her heirs, and personal
representatives or successors, does covenant and agree that THEY shall and will WARRANT AND FOREVER
DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his/her 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,the grantor(s)has executed this deed on the date set forth above.
Greeley
Boar
of R Itors,Inc.,a Colo •do-non-profit corporation
By:
Neal Jandre u, air
STATE OF COLORADO }
} ss.
COUNTY OF Weld }
The foregoing instrument was acknowledged before me this August 4,2015,byNeal Jandreau as Chair for
Greeley Board of RealtoeS a Colorado non-profit corporation.
,/P
My Commission, Xpire, � 6? i Witn s y hand and official seal.(11,
\ Notary Public
My Comtf118ii°n ExpirII
SPECIAL WARRANTY DEED File M 8737UTG
Recorded Electronically
ID
County
Date
SPECIAL WARRANTY DEE Time
DOC FEE: $25.06
THIS DEED, made this 4th day of August,2015
between Greeley Board of Realtors,Inc.,a Colorado non-profit corporation,of the County of Weld and State of
Colorado,grantor(s), and Board of County Commissioners Weld County,Colorado whose legal address is 1150
O Street,Greeley CO 80632'o f the County of Weld and State of Colorado,grantee(s):
WITNESS, that the grantor(s), for and in consideration of the sum of TWO HUNDRED FIFTY THOUSAND
AND 00/100 DOLLARS ($250,000.00), 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),his/her heirs, and assigns forever,Tenant in Severalty, all the real property,together with improvements,
if any, situate, lying and being in the County of Weld and State of Colorado,described as follows:
The East Thirty feet(E30')of Lot Eleven (11),and the West Fifteen feet(W15')of Lot Twelve(12),in Block
Seventy-seven(77),in the City of Greeley,County of Weld,State of Colorado.
also known by street and number as: 819 11th Street,Greeley,CO 80631
TOGETHER with all and singular the hereditaments and appurtenances thereunto 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), his/her heirs, and assigns forever. The grantor(s), for himself/herself, his/her heirs, and personal
representatives or successors, does covenant and agree that THEY shall and will WARRANT AND FOREVER
DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his/her 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,the grantor(s)has executed this deed on the date set forth above.
Greeley Boar of R ltors,Inc.,a Colo e gen-profit corporation
By:
Neal Jandre u, air
STATE OF COLORADO }
} ss.
COUNTY OF Weld }
The foregoing instrument was acknowledged before me this August 4,2015,byNeal Jandreau as Chair for
Greeley Board of Re4t0tk,, a Colorado non-profit corporation.
My Commission *I,i'r cJ1 Witn s y hand and official seal.
vyT, PUG7OG :O LO(?_
-
"'; OFCQ Notary Public
My Cottonton Expires
REAL PROPERTY TRANSFER DECLARATION- (TD-1000)
GENERAL INFORMATION
Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help
ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado
Revised Statutes (C.R.S.).
Requirements: All conveyance documents(deeds) subject to the documentary fee submitted to the county clerk
and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration
must be completed and signed by the grantor(seller)or grantee(buyer). Refer to 39-14-102(1)(a), C.R.S.
Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed,the
clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration
be returned within thirty days after the notice is mailed.
If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of
notice, the assessor may impose a penalty of$25.00 or.025% (.00025)of the sale price, whichever is greater.
This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the
property is sold. Refer to 39-14-102(1)(b), C.R.S.
Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for
inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information
derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer
subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S and 39-13-102(5)(c),
C.R.S.
1. Address and/or legal description of the real property sold: Please do not use P.O. box numbers.
819 11th Street, Greeley, CO 80631
E30' Lot 11 and W15' Lot 12,Block 77, Greeley City,County of Weld, State of Colorado.
2. Type of property purchased:❑Single Family Residential ❑I'ownhome ['Condominium ❑Multi-Unit Res
❑Commercial ❑Industrial ['Agricultural ❑Mixed Use ['Vacant Land ['Other
3. Date of closing:
August 4 2015
Month Day Year
Date of contract if different than date of closing:
Month,Day,Year
4. Total Sales Price: including all real and personal property.
$250,000.00
5. Was any personal property included in the transaction? Personal property would include, but is not limited to,
carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not
listed,the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S.
❑Yes idi o If yes, approximate value$ Describe
6. Did the total sale price include a trade or exchange of additional real or personal property?If yes, give the
approxi to value of the goods or services as of the date of closing.
❑yes [ ]No If yes, approximate value$
If yes, dbb__es this transaction involve a trade under IRS Code Section 1031`❑Yes ❑No
7. ,Was 100% interest in the real property purchased?Mark "no" if only a partial interest is being purchased.
8. Ies ❑No If no, interest purchased %
this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties
include rsons within the same family, business affiliates, or affiliated corporations.
❑Yesio
9. Check an of the followin_ that ao ly to the condition of the improvements at the time of purchase.
❑New LL'Excellent r.i. ood JAverage [Pair [Poor ['Salvage.
If the property is financed, please complete the following.
10. Total amount financed. $0.00
11. Type of financing: (Check all that apply)
❑New
❑Assumed
❑Seller
❑Third Party
❑Combination; Explain
12. Terms:
❑Variable; Sta 'ng interest rate %
❑Fixed; Inte st rate %
❑Length time years
❑Ballo payment❑Yes ❑No. If yes, amount Due Date
13. Ple e explain any special terms, seller concessions, or financing and any other information that would help
Vassessor understand the terms of sale.
For properties other than residential (Residential is defined as: single family detached,townhomes, apartments
and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to#17 to complete.
14. Did the purchase price include a franchise or license fee?❑Yes ❑No
If yes, franchise or license fee value $
15. Did the purchase price involve an installment land contract?❑Yes ❑No
If yes, date of contract
16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the
closing?
❑Yes :No
Remarks: Please include any additional information concerning the sale you may feel is important.
17. Signed this 4 day of August , 2015 .
Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and
include an address and daytime phone number. Please designate buyer or seller.//
lature of Grantee,!Buyer) or Grantor(Seller) ❑
18. All future correspondence(tax bills, property valuations, etc.) regarding this property should be mailed to:
ddress (mailing) Daytime Phone
-ter fei C') BD(ii9
City, Sand Zip Code
RESOLUTION
RE: APPROVE COUNTERPROPOSAL FOR CONTRACT TO BUY AND SELL REAL
ESTATE (819 11TH STREET) FROM GREELEY BOARD OF REALTORS, INC., C/O
NEAL JANDREAU, AND AUTHORIZE CHAIR AND/OR CHAIR PRO-TEM TO SIGN
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 a Counterproposal for the Contract to Buy
and Sell Real Estate (819 11th Street) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Greeley Board of Realtors,
Inc., c/o Neal Jandreau, 819 11th Street, Greeley, Colorado 80631, for real estate, being more
particularly described as follows:
819 11th Street, Greeley, Colorado 80631, being
further described as GR 5225 E30FT L11 and
W15FT of L12 BLK77 - approximately 3,600 SF
Office Building and approximately 8,550 SF of land,
City of Greeley, Weld County, Colorado, and
WHEREAS, after review, the Board deems it advisable to approve the Counterproposal
for the Real Estate Contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Counterproposal for the Contract to Buy and Sell Real Estate
(819 11th Street) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Greeley Board of Realtors, Inc., c/o Neal Jandreau,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair and/or Chair Pro-Tern be, and
hereby are, authorized to sign any necessary documents to complete the closing for said
purchase.
C C: 86, CA 1r?
2015-1389
PR0034
COUNTERPROPOSAL/CONTRACT TO BUY AND SELL(819 11TH STREET)-GREELEY
BOARD OF REALTORS,INC.,C/O NEAL JANDREAU
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted
by the following vote on the 18th day of May,A.D.,2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,CO RyADO
ATTEST: CC�� X c`i.X � ,:�
Cti<.C� h/L// 4/
C/ aCLfo��,� Barbara Kirkmeyer Chair
Weld County Clerk to the Board /'
Mike Freeman, Pro-Tern
BY: A !,1�. a. li�.. . i_
■e.1 ty Clerk to the oard
�►��� Sean P.Conway
lE L\APPROVED AS TO FOR
Julie A.Cozad
'36I
County Attorney
�/�`® �- Steve Moreno
Date of signature: u
2015-1389
PR0034
I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 (CP40-8-13)(Mandatory 1-14)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
7 COUNTERPROPOSAL
8
9 Date: May 11,2015
I0
11 1. This Counterproposal supersedes and replaces any previous counterproposal. This Counterproposal amends the proposed
12 contract dated November I8,2014 (Contract), between the Greeley Board of Realtors, Inc., a Colorado nonprofit
13 corporation(Seller),and the County of Weld.a body corporate and politic (Buyer), relating to the sale and purchase
14 of the following legally described real estate in the County of Weld ,Colorado:
15
16 GR 5225 E30FT L I 1 &W I5FT L 12BLK77,Approximately 3,600SF Office Building located on
17 approximately 8,550SF of land
IS
19 known as No.819 11th Street, Greeley. CO 80631 (Property).
20 Street Address City State Zip
21
22 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
23 the corresponding provision of the Contract. If any item is marked in the "Deleted" column, it means that the
24 corresponding provision of the Contract to which reference is made is deleted.
25
26 2. §3. DATES AND DEADLINES. [Note:This table may be omitted if inapplicable.]
Item Date or No
No. Reference Event Deadline Change Deleted
1 §4.3 Alternative Earnest Money Deadline X
Title
2 § 8.1 Record Title Deadline X
3 § 8.2 Record Title Objection Deadline X
4 §8.3 Off-Record Title Deadline X
5 §8.3 Off-Record Title Objection Deadline X
6 §8.4 Title Resolution Deadline X
7 § 8.6 Right of First Refusal Deadline X
Owners'Association
8 §7.3 Association Documents Deadline X
9 §7.4 Association Documents Objection Deadline X
Seller's Property Disclosure
10 § 10.1 Seller's Property Disclosure Deadline X
Loan and Credit
I 1 §5.1 Loan Application Deadline X
12 §5.2 Loan Objection Deadline X
13 §5.3 Buyer's Credit Information Deadline X
14 §5.3 Disapproval of Buyer's Credit Information Deadline X
15 §5.4 Existing Loan Documents Deadline X
16 §5.4 Existing Loan Documents Objection Deadline X
17 §5.4 Loan Transfer Approval Deadline X
18 §4.7 Seller or Private Financing X
Appraisal
19 §6.2 Appraisal Deadline X
20 §6.2 Appraisal Objection Deadline X
Survey
21 §9.1 I Current Survey Deadline X
No.CP40-S-13. COUNTERPROPOSAL Page I of
2015-1389
Item Date or No
No. Reference Event Deadline Change Deleted
22 §9.2 Current Survey Objection Deadline X
23 §9.3 Current Survey Resolution Deadline X
Inspection and Due Diligence
24 § 10.2 Inspection Objection Deadline X
25 § 10.3 Inspection Resolution Deadline X
26 J 10.5 Property Insurance Objection Deadline X
27 § 10.6 Due Diligence Documents Delivery Deadline X
28 § 10.6 Due Diligence Documents Objection Deadline X
29 § 10.6 Due Diligence Documents Resolution Deadline X
30 § 10.6 Environmental Inspection Objection Deadline CBS2,3,4 X
31 § 10.6 ADA Evaluation Objection Deadline CBS2,3,4 X
32 § 10.7 Conditional Sale Deadline X
33 § 11.1 Tenant Estoppel Statements Deadline CBS2,3,4 X
34 § 11.2 Tenant Estoppel Statements Objection Deadline CBS2,3,4 X
Closing and Possession
35 § 12.3 Closing Date 90 days after
MEC
36 § 17 Possession Date see§5.19
below in this
document
37 § 17 Possession Time see§5.19
below in this
document
§30(B) Due Diligence Period X
§30(C) Mineral Rights to Buyer X
27 3. §4. PURCHASE PRICE AND TERMS. [Deleted as inapplicable/
28
29 4. ATTACHMENTS. The following are a part of this Counterproposal:
30
31
32 Note: The following disclosure forms are attached but are not a part of this Counterproposal:
33
34
35 5. OTHER CHANGES.
36
37 5.1. The language in §2.5.1 of the Contract reading,"All mineral rights,if any,to be included in sale"is deleted.
38
39 5.2. The references in §§ 2.5.3 and 2.5.6 of the Contract to trade fixtures and personal property of tenants are deleted.
40 There are no leases of space in the building.
41
42 5.3. With respect to§ 10.1 of the Contract,Seller will not deliver a completed Seller's Property Disclosure form.
43
44 5.4. The second sentence in § 10.2 of the Contract is included for information only and is not a substantive part of the
45 agreement between Buyer and Seller; and that second sentence of§ 10.2 will not operate or be construed as creating or imposing
46 any contractual or other obligation on Seller, nor shall it operate or be construed to change the actually applicable standard of
47 Colorado law with respect to disclosures of latent defects. The first sentence in § 10.2 of the Contract is supplemented by the
48 addition of the following language:
49
50 Buyer acknowledges and agrees that Buyer is acquiring the Property and Inclusions "AS IS"and "u`ITII
51 ALL FAULTS" based upon Buyer's own investigations (including but not limited to such investigations
52 regarding:the value of the Property;the size or area of the subject land and the square footage of the office
53 building thereon: the applicable zoning for the Property and other applicable codes. regulations and laws
No.(:P40-8-I3. COI:NTERPROPOSAI. • Page 2 of 5
54 affecting or governing the Property or Inclusions, and the compliance of the Property and Inclusions with
55 the same; the physical condition of the Property and Inclusions; and the suitability of the Property and
56 Inclusions for any and all activities and uses which Buyer may conduct thereon), and that Buyer is not
57 relying and will not rely upon, and neither Seller nor any agent, attorney, broker, employee or
58 representative of Seller has made and in no event will Seller be liable far or bound by, any representation,
59 warranty, statement, promise or assurance of any kind relating to the Property or Inclusions or the
60 transaction contemplated hereby, except the special warranty of title to be contained in the deed to be
61 delivered by Seller pursuant to this Contract. Buyer further acknowledges that any information or materials
62 provided or that may be provided by or on behalf of Seller was obtained from a variety of sources and that
63 Seller has not made any independent investigation or verification of such information or materials and that
64 Seller specifically disclaims any representations or warranties as to the accuracy or completeness of any
65 such information or materials, it being Buyer's intent to acquire the Property and Inclusions without
66 reliance on any such information or materials. EXCEPT FOR THE SPECIAL WARRANTY OF TITLE TO
67 BE CONTAINED IN THE DEED TO BE DELIVERED BY SELLER: (I) SELLER HEREBY DISCLAIMS,
68 AND BUYER HEREBY WAIVES, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
69 OF ANY KIND, NATURE OR TYPE WHATSOEVER WITI1 RESPECT TO THE PROPERTY AND/OR
70 INCLUSIONS, INCLUDING BUT NOT LIMITED 10 THOSE OF CONDITION HABITABILITY,
71 MERCHANTABILITY SUITABILITY FITNESS FOR A PARTICULAR USE OR PURPOSE, AND
72 COMPLIANCE WITH ANY APPLICABLE LAWS, CODES, ORDINANCES OR REGULATIONS; AND (2)
73 BUYER HEREBY EXPRESSLY RELEASES AND FOREVER DISCHARGES SELLER AND SELLER'S
74 MEMBERS, DIRECTORS, AGENTS, ATTORNEYS BROKERS, EMPLOYEES AND OTHER
75 REPRESENTATIVES FROM ANY AND ALL ACTIONS. CLAIMS, DEMANDS LOSSES, LIABILITIES,
76 DAMAGES, EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) AND OTHER
77 HARM, OF WHATEVER KIND OR N'ATURF, W'I/ICH BUYER EVER 1IAD, NOW HAS OR MAY HAVE TV
78 THE FUTURE AGAINST SELLER, OR ANY OF SELLER'S MEMBERS, DIRECTORS, AGENTS,
79 ATTORNEYS, BROKERS, EMPLOYEES OR OTHER REPRESENTATIVES, ARISING OUT OF OR
80 RELATING IN ANY MANNER TO THE PROPERTY THE INCLUSIONS OR THE TRANSACTION
81 CONTEMPLATED BY THIS CONTRACT Nothing in the foregoing provisions of this paragraph, however,
82 will operate or be construed as a waiver by Buyer of any claim Buyer may have arising out of a failure by
83 Seller to have complied with any applicable law requiring the disclosure of material latent defects actually
84 known by Seller. The foregoing provisions of this paragraph will survive the Closing and delivery of deed
85
86 5.5. The language in § 10.6.1.7 of the Contract reading, "Any leases in Seller's possession" is deleted and replaced with
87 the following: "the post-closing lease from Buyer, as landlord to Seller, as Tenant, that is to be executed and delivered by the
88 parties at Closing pursuant to this Contract."
89
90 5.6. The language in § 10.6.1.14 of the Contract reading,"Any pertinent documents in Seller's possession"is deleted.
91
92 5.7. §§ 10.8 and 11 of the Contract are deleted.
93
94 5.8. Notwithstanding §12.1 or anything else contained in this Contract to the contrary, Seller will not be required to
95 deliver any affidavit or other document that would contain representations, warranties or other assurances of title beyond those to
96 be included in the special warranty deed to be delivered under this Contract, and neither Buyer nor Seller will be required to
97 deliver any document that would be inconsistent with the terms of or outside the scope of the transaction contemplated by this
98 Contract.
99
100 5.9. With respect to § 13 of the Contract, the Property will be conveyed by a Special Warranty Deed —not a General
101 Warranty Deed.
102
103 5.10. The word "None" in § 13.5 of the Contract is deleted and replaced with the following: "all building, zoning,
1(14 subdivision and other land use laws, codes, regulations and requirements, and any non-compliance of the Property therewith; and
105 any and all facts or matters which a complete and accurate survey of the Property would disclose."
106
107 5.11. § 16.2 of the Contract is deleted.
108
No.CP40-8-13. COUNTERPROPOSAL Page of
109 5.12. With respect to §§19.1 and 19.2 of the Contract, Seller will have no obligation to repair or replace, and Buyer will
110 have no right to terminate upon the occurrence of, any damage caused by Buyer or for which Buyer is responsible under§10.4 of
III this Contract.
112
113 5.13. The language in §30(A)of the Contract is deleted and replaced with the following: "Each party's obligation to close
114 under this Contract is specifically conditioned upon a further approval of this Contract by the Board of County Commissioners for
115 the County of Weld In the event that such approval has not been obtained on or before the thirtieth (30th) day after MEC, this
116 Contract shall then terminate. "
117
118 5.14. The language in § 30(B)of the Contract is deleted and replaced with the following:
119
120 Buyer's right to object and/or terminate under§ 10.2 anc(/or§ 10.6.2 is not limited to Buyer's satisfaction
121 with the physical condition of the Property and Inclusions, or the Due Diligence Documents, or any other
122 matters specified in clauses (I) through (5) of§ 10.2; rather, Buyer's right to object and/or terminate under
123 each of§§ /0.2 and 10.6.2 includes Buyer investigating, reviewing and becoming satisfied, in Buyer's sole
124 subjective discretion, with all other features of or matters relating to the Property, the Inclusions, the Due
125 Diligence Documents or the transaction contemplated by this Contract.
126
127 5.15. The language in § 30(C) of the Contract is deleted and replaced with the following: "In its conveyance of the
128 Property at Closing, Seller will not reserve any minerals or mineral rights owned by Seller; but Seller makes no representation or
129 warranty that it owns any minerals or mineral rights."
130
131 5.16. The sentence that is contained in both §§ 33 and 34 reading, "A total commission of 6% shall be paid by Seller to
132 Wheeler Management Group, Inc. as Listing and Selling Broker" is hereby deleted. If Closing occurs under the Contract, Seller
133 will pay to Listing Brokerage Firm (Property Technica, Inc.) at Closing a commission in an amount equal to 6% of the Purchase
134 Price, from which commission Listing Brokerage Firm is to pay a cooperating commission to Brokerage Firm of Broker working
135 with Buyer(Wheeler Management Group, Inc.)in an amount equal to 3%of the Purchase Price.
136
137 5.17. Buyer represents to Seller that its intent in purchasing the Property and Inclusions is to demolish the existing building
138 located on the subject land after Buyer obtains title and possession of the Property,and to use the land for a parking lot.
139
140 5.18. Seller's obligations under this Contract are contingent on Seller, within ninety (90) days after MEC (the
141 "Replacement Property Deadline"): (a) finding a satisfactory replacement office building(including but not limited to one that is
142 both suitable for its purposes and affordable); (b) entering into a satisfactory contract for the purchase of such replacement
143 property; and (c)being satisfied with the results of its due diligence investigations regarding such replacement property(including
144 but not limited to its investigations regarding title and survey matters, and the physical condition and permitted uses thereof).
145 Seller has the Right to Terminate under § 25.1, on or before the Replacement Property Deadline, if by the Replacement Property
146 Deadline any of the matters set forth above in clauses(a), (b)or(c)of this paragraph have not happened,or have not happened to
147 Seller's satisfaction(in its sole subjective discretion).
148
149 5.19. At the Closing, Buyer and Seller shall execute and deliver a written lease agreement pursuant to which Seller, as
150 tenant, will lease the Property and Inclusions back from Buyer, as landlord. The terms of that lease agreement will be negotiated
151 by Buyer and Seller in good faith following MEC, but such terms will include the following: the lease will have a primary term
152 that ends at midnight on July 31, 2016, provided, however,that Seller will have the sole right to accelerate the ending date of that
153 primary term by giving Buyer at least 30 days prior written notice of the earlier ending date; if the ending date of the primary term
154 is not accelerated by Seller, then the lease will continue after July 31, 2016 as a month-to-month tenancy, with either party then
155 having the right to terminate such periodic tenancy by giving a notice to vacate at least fifteen (15) days before the end of the
156 rental month; Seller will pay rent under the lease in the amount of$100.00 per month,which shall be due on the first(1st) day of
157 each calendar month (except that the prorated rent for any partial month at the beginning of the term will be paid at Closing);
158 Seller will pay the utility providers directly for gas, electricity and water, the accounts for which shall remain in Seller's name
159 while the lease remains in effect; and Seller will be responsible for routine maintenance of the Property(which,without limitation,
160 will not include an obligation to incur expenditures which, if incurred by the property owner, would ordinarily be considered
161 capital expenditures). Buyer will prepare and deliver to Seller,within fifteen(15)days after MEC, Buyer's proposed draft of such
162 lease agreement, incorporating the foregoing provisions; and if within sixty(60)days after MEC, Buyer and Seller have not agreed
163 in writing on all the terms and provisions for such lease agreement,this Contract shall then terminate.
164
165 5.20 Buyer acknowledges that Seller is a nonprofit entity whose members are licensed real estate brokers.
No.CP40-8-13. COUNTERPROPOSAL _ - Page 4 ors
166
167 6. ACCEPTANCE DEADLINE. This Counterproposal expires unless accepted in writing by Seller and Buyer as evidenced
168 by their signatures below and the offering party to this document receives notice of such acceptance on or before
169 May 18.2015 at 5:00 p.m. MDT
170 Date Time
171
172 If accepted,the Contract,as amended by this Counterproposal,will become a contract between Seller and Buyer.All other terms
173 and conditions of the Contract remain the same.
174
Buyer's Name: County of Weld,a body corporate and politic Buyer's Name:
AMY
r $ 201
s Signature Barba Kirkmeyer Chair- Date Buyer's Signature Date
Board of County Commissioners
Address: 1150 O Street Address:
P.O.Box 758,Greeley,CO 80632
Phone No.: 970-336-7204 Phone No.:
Fax No.: 970-336-7233 Fax No.:
Electronic Address: bkirkmeyer@weldgov.com Electronic Address:
Seller's Name: Greeley Board of Realtors,Inc. Seller's Name:
By:
Seller's Vture ndreau // D6te Seller's Signature Date
Address: 19 11th Street Address:
Greeley,CO 80631
Phone No.: 970-353-8884 Phone No.:
Fax No.: 970-353-9749 Fax No.:
Electronic Address: juliejensengaraP,gmail.com Electronic Address:
175 Note:When this Counterproposal form is used,the Contract is not to be signed by the party initiating this Counterproposal.
176 Brokers must complete and sign the Broker's Acknowledgments and Compensation Disclosure portion of the Contract.
177
No.CP40-8-13. COUNTERPROPOSAL
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