HomeMy WebLinkAbout20151705.tiff RESOLUTION
RE: APPROVE FIRST AMENDMENT TO GEISERT PROPERTY PURCHASE AND SALE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER
CONSERVANCY DISTRICT AND GROUNDWATER MANAGEMENT SUBDISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with the First Amendment to the Geisert
Property Purchase and Sale Agreement between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Central Colorado Water Conservancy District and Groundwater Management
Subdistrict, commencing upon execution of signature, with further terms and conditions being as
stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the First Amendment to the Geisert Property Purchase and Sale
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Central
Colorado Water Conservancy District, and Groundwater Management Subdistrict, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
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2015-1705
EG0072
AMENDMENT TO GEISERT PROPERTY PURCHASE AND SALE AGREEMENT - CENTRAL
COLORADO WATER CONSERVANCY DISTRICT AND GROUNDWATER MANAGEMENT
SUBDISTRICT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: 1.A4 jelgo'4. .f - t .e/L-
arbara Kirkmeyer, hair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
BY: Ckl)
D ty Clerk to the B ard �r� EXCUSED
Sean P. Conway
APPROVE AS TO FOR . j�.<� Lit L„._--r,"
1861 I ►•
i . ozad
County Attorney �« : S EXCUSED
����®`14°�- Steve Moreno
Date of signature: V
2015-1705
EG0072
ROBERT J. FRICK
%•` 1861 A - • WELD COUNTY ATTORNEY
ALindtaGoffnt * omity a nson/�,Yt*i1t)'I1
. � neys
Bob Choate* Mari Deminski* Linda Goff*Tomi Hanson
r,, , 1t1 N T Y Frank Haug *Amanda Larson *Thomas Joaquin * Brad Yatabe
d GOB
June 3, 2015
Re: Geisert Pit Sale Agreement Amendment
As discussed in the 05/27/15 pass-around memo, the Amendment changes the date for providing
a title commitment which has been delayed due to the subdivision processes taking longer than
anticipated. The Amendment also removes reference to the transfer of mineral rights as part of
the deed which was inadvertently missed. It is recommended that the Board approve the
Amendment.
Brad Yatabc
Assistant Weld County Attorney
2015-1705
EG ool a
8c. n
"Providing quality legal services to Weld County Government in
a responsive,innovative, and cost-effective manner."
General Services Division Human Services Division
1150"O"Street—P. O. Box 758 315 N. 11th Avenue—P. 0. Box A
Greeley, CO 80632-0758 Greeley,CO 80632
Phone: (970)356-4000* Facsimile(970) 352-0242
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: Geisert Pit Sale to Central Colorado Water Conservancy District
DEPARTMENT: County Attorney DATE: 05/27/15
PERSON REQUESTING: Brad Yatabe, Assistant County Attorney
Brief description of the issue:
In relation to the contract for sale signed by the Board on March 30, 2015, the two following documents arc
submitted with this pass-around for your consideration.
Document 1 is an amendment to the contract for sale which:
(1) Changes the deadline for the County to submit a title commitment to Central for their consideration.
The title commitment requires that the lots be created. However, the Geisert Pit Subdivision and Greeley
Saddle Club Subdivision processes to create the lots have taken longer than originally anticipated. This change
is necessary to keep the County from potentially breaching the contract for not meeting the deadline.
(2) Cleans up language so that the special warranty deed issued to Central would not include mineral
rights. This was previously addressed but the mention of' mineral interests associated with the deed was not
spotted at that time.
Document 2 is a possession and use agreement between the County and Central which would allow
Central to enter onto the properties under contract to install their pump station and related infrastructure
necessary to utilize the Geisert pits. It also allows Central to begin storing water in the pits. If for some reason
the contract for sale falls through, Central would need to restore the property or pay the costs for such
restoration and remove their stored water within a reasonable time. Central is agreeing that their operations on
the property will not interfere with County operations. The term of the agreement is until the sale is completed
or fails for whatever reason.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
1. Direct placement of the amendment and possession and use agreement on the Board's agenda for
consideration.
2. Direct changes be made to one or both of the agreements and send it back to Central for their review and
signature. If this option is chosen, a work session makes sense.
Recommendation:
Direct placement of the amendment and the possession and use agreement onto the Board of Commissioner
agenda for consideration.
Approve Schedule
Recommendation Work Session Other/Comments;
Barbara Kirkmeyer,Chair
Sean P.Conwayl/ay _
Julie Cozad
Mike Freeman Cr r
Steve Moreno -,I
FIRST AMENDMENT TO THE GEISERT PROPERTY PURCHASE AND SALE
AGREEMENT
THIS AMENDMENT ("Amendment") is entered into this ti day of --1-t!/fd
2015 by and between the Board of County Commissioners of the County of Weld ("Seller") and
the Central Colorado Water Conservancy District and Groundwater Management Subdistrict of
the Central Colorado Water Conservancy District ("Buyer"). Buyer and Seller may be referred
to collectively as the "Parties."
WITNESSETH
WHEREAS, on March 30, 2015, the Parties executed the Purchase and Sale Agreement
("Agreement") for the sale of the Geisert Property; and
WHEREAS, the Agreement set forth certain terms and conditions describing the Parties'
respective responsibilities; and
WHEREAS, completion of the Geisert Pit Subdivision and the Greeley Saddle Club
Subdivision are conditions prior to closing contained in the Agreement and, as of the time of this
Amendment, both subdivisions were still under review; and
WHEREAS, Seller obtaining title to certain property contained in the proposed Greeley
Saddle Club subdivision is a condition prior to closing contained in the Agreement and, as of the
time of this Amendment, Seller had not yet obtained the property described in the Agreement;
and
WHEREAS, the pending nature of the subdivisions and Seller obtaining the property in
the proposed Greeley Saddle Club subdivision creates difficulties in obtaining the ALTA Owners
Policy of Title Insurance described in Section 3.2 of the Agreement; and
WHEREAS, the Parties agree that it is beneficial to modify the deadline in Section 3.2 of
the Agreement; and
WHEREAS, Sections 1.2.2 and 1.3 of the Agreement specify that Seller will retain
mineral rights appurtenant to the Geisert Property while Section 3.6.10) states that Seller's
special warranty deed shall transfer mineral rights appurtenant to the Geisert Property to Buyer;
and
WHEREAS, the Parties agree that the intention is for Seller to retain any mineral rights
appurtenant to the Geisert Property, that Section 3.6.10) does not correctly reflect the intent of
the Parties, and that such language should be modified to clarify such intent.
NOW, THEREFORE, in consideration of the mutual promises of the parties and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereby agree to amend the Agreement as follows:
Page 1 of 3
1. The following language shall replace Section 3.2 of the Agreement in its entirety:
3.2 Title Insurance. Within forty-five (45) days of the latter date of the recording of
the approved Greeley Saddle Club Subdivision and Geisert Pit Subdivision plats,
Seller shall deliver to Buyer one or more commitment(s) for an ALTA Owners
Policy of Title Insurance ("Commitment") committing the Title Company to
issue a policy insuring title to the Geisert Property in accordance with the
Commitment in the name of the Buyer. The Commitment shall bear an effective
date subsequent to the Effective Date and shall include complete, legible copies of
all documents referred to herein. Buyer hereby agrees that Seller may satisfy its
obligation to deliver the Commitment by delivery of a commitment which is
subject to approval of the Title Company's underwriter but which otherwise
satisfies the conditions of the Commitment;provided that if the final Commitment
issued by the title company includes additional exceptions to title then Buyer shall
be entitled to object to such additional matters as provided for herein and the dates
for title review, objection, and response shall be similarly extended at Buyer's
discretion.
2. The following language shall replace Section 3.6.1(i) of the Agreement in its entirety:
(i) A special warranty deed conveying the Geisert Property and any improvements to
Buyer, duly executed and acknowledged by Seller, free and clear of all taxes and
assessments and other liens and encumbrances except non-delinquent general
property taxes for the year of Closing and the Permitted Exceptions.
3. All terms and conditions of the Agreement shall remain in full force and effect except as
expressly amended herein.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the date
set forth below:
BUYS
C t LAOYNs P&O\O r^02,9 Il5&loO DU.LCLit' S\ i
142// C
DATE
SELLER:
TEST:
,� Page 2 of 3
d !d I� L BOARD OF COUNTY COMMISSIONERS
C/ G f� t ti WELD COUNTY, COLORADO
Weld u Clerk to the Bo d /� , '
BY: .�LL lt- ,�C.S Aar--
Deputy Cl to the Board bars Kirkmeyer,glair
I La JUN 1 0 2015
s
WED AS T• i !� APPROVED AS TO .:S CE:
(Jaw 1/42
Controller/Finance it irect. :ter '++ le 4O'i or Department Head
VED O O
County • tto -y
20/6 / 705-
Page 3 of 3
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