HomeMy WebLinkAboutbocc.ord.001.2000 AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,AUTHORIZING
EXECUTION OF THE CONTRACT FOR THE
PURCHASE OF THE RIKKER/WALDEN PROPERTIES
ORDINANCE#_Xj, SERIES OF 2000
RECITALS
1. The Voters of Pitkin County and the Pitkin County Commissioners established an
Open Space and Trails Fund for the purposes of preserving and developing open
space and trails resources in Pitkin County, and established an Open Space and
Trails Board of Trustees to guide the expenditure of those funds.
2. The Pitkin County Open Space and Trails Board of Trustees has designated
certain types of properties as priority acquisitions, with habitat lands, scenic
lands, and inholdings surrounded by public lands as priorities.
3. The Rikker/Walden parcels constitute a 160-acre inholding within the White River
National Forest and are possessed of outstanding habitat and scenic values.
4. The parcels are adjacent to the 330 acre Coke Ovens State Wildlife Area and are
otherwise bounded by the White River National Forest. The parcels are the only
private inholdings along Hagerman Pass above Norrie and within Pitkin County.
5. The road access to the property is not plowed during the winter. Public
acquisition of the property will eliminate potential conflict regarding winter
plowing this far up Haggerman Pass.
6. The landowners each desire to sell their parcels to the Pitkin County Open Space
and Trails Program to ensure permanent protection of their open space values.
7. The proposed contract further provides for a refundable earnest money deposit of
$10,000 for each parcel, or $20,000 total, which will be placed in an interest
bearing account with interest accruing to Pitkin County.
8. On November 29, 1999, the Open Space and Trails Board of Trustees adopted a
resolution recommending to the Board of County Commissioners the execution of
contracts for purchase of the Rikker and Walden parcels for a combined price of up to
$650,000, and authorize payment of the refundable $20,000 earnest money deposit.
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NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado, that:
A. Pitkin County acquire the properties known as the Rikker and Walden parcels which
combined are 160 acres, for a combined price of$650,000 under the following terms and
conditions:
1. The refundable $20,000 earnest money deposits paid by Pitkin County shall be placed
in an interest bearing account with interest accruing to the Pitkin County Open Space
and Trails Fund.
2. An environmental review of the properties shall completed which demonstrates the
County has no reason to believe that environmental contamination could have
occurred on the parcels which would give rise to liability under and state or federal
law
3. Both the Rikker and Walden properties must satisfy all terms and conditions of this
ordinance and the purchase contract thereby allowing the County to acquire the full 160
acres.
B. The chair is authorized to execute Contracts in substantially the form as attached as
Exhibit 1 to this Ordinance, after approval of the form of such contract by the attorney's office,
and such other documents, including a deed, as may be necessary to finalize this acquisition.
f
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT THE MEETING ON
THE 15th DAY OF DECEMBER, 1999.
NOTICE OF PUBLIC H RING PUBLISHED IN THE ASPEN TIMES WEEKEND EDITION
ON THEg�A DAY OF 1999.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON
THE 12th DAY OF JANUARY 2000.
PUBLISH�D AFTER ADOPTION IN THE ASPEN TIMES WEEKEND EDITION ON THE /S
DAY OF— t U 4h U , 2000.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
i� OF PITKIN COUNTY, COLORADO
B 9 , B
Jeane Jones, forder
Leslie LamontDepu Clerk and R i�,' Chair
Date:AI -41—e
APPROVED AS TO FORM: MANAGER APPROVAL:
Deborah Quinn 3/� Sim; N(aflrr/�, r
Assistant County Attorney County Wnager
RECOMMENDED FOR ADOPTION:
Dale Will, Director
Open Space and Trails
c\dw\rikker\property\ord_I299.doe
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o—
SPECIAL WARRANTY DEED
THIS DEED, Made May 10, 2000
between WILLIAM J. RIKKERS AND PAMELA W. RIKKERS
of the County of and State of MN,
of the first part, GRANTOR and BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
whose legal address is: 530 E. MAIN ST., ASPEN, CO 81611
of the County of PITKIN State of CO,
of the second part, GRANTEE
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of THREE HUNDRED TWENTY
FIVE THOUSAND DOLLARS and other good and valuable considerations, to the said parties of the first part, in hand paid
by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained,
sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second
part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the
County of PITKIN and State of COLORADO, to wit:
See Attached Exhibit "A"
Together with all and singular the hereditaments and appurtenances there-unto 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 said parties of the first part, either in law or equity, of, in and to the above
p0 bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above
W bargained and described,with the appurtenances, unto the said parties of the second part, its successors and assigns
cA forever. And the said parties of the first part for themselves,their heirs and assigns do covenant,grant, bargain and agree
to and with the said parties of the second part, their successors and assigns, the above bargained premises in the quiet
and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or
Upersons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part to
WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender
shall be applicable to all genders.
IN WIT ESS WHEREOF, the said parties of the first part have hereunto set their hand(s)and seal(s).
WILLIAM J. < RS PAMELA W. RIKKERS
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STATE OF C2 -J—Vv
COUNTY OF - ss
The foregoing instrument was acknowledged before me this_ day of
2000. By: WILLIAM J. RIKKERS and PAMELA W. RIKKERS
WITNESS my hand and official seal ,
Notary ublic
my commission expires: ■ NEyIMAN
�r �ENNIFER MINNES�TA
�'� Hf�ueuG
�f YUS^ ie5li�.)1.2UU5
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ACCEPTED:
Board of County Commissioners of Pitkin
4ae
County, Colorado
c�^�'��
ones, D ty Clerk Sheroy Chair
1 190111 10111 01III■ Ion uun ■uuu INS. I. .. .
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELI
A parcel of land being the SW 114 NW 114 of Section 36, Township 8 South, Range 83 West of the 6th Principal Meridian.
PARCELII
A parcel of land being the SE 1/4 NW 1/4 of Section 36, Township 8 South, Range 83 West of the 6th Principal Meridian.
cri uccmrs c - - '.rm nave oeen act
'-e Co.oraco Real ts:ate Commission.i,:SS:
--IS FORM HAS IMPORTANT LEGAL CONSEGUI
'.D THE PARTIES SHOULD CONSULT LEGALAr.
R OTHER COUNSEL EEFORE SIGNING.
�ONTRACT T.^, ?UY AND SELL REAL ESTATE
rtt ran, l S y VACANT LAND ARM -RANCHI
ate: J_42jui
PIZ K
AGREEMENT '__ter aaees o �.a ^.e _rcersia.,eC ne.izr aC;zes :o son:re r-cenv Ce meg ceiow on I
-2 corc.uors, set 'orm rnis ccntrac;
_. -EFINED TERMS
_. =uver o_;er 9oazd of ^_Ounot caomts...nei c_ r_tkil.tauntY--__ -
..n lake Ire to tre real crocertv aescr:ceC cerew as _omt Tenants -enants m Common X Other —
n. -ram _-_ F ocerty is 're -oilownq ecauv zei real estate-
tss�aLtachaq�eyaiceaczzRLionl—t.`.a_RakJceza_Heai_-azcei..'.as_LGa_Sl.kkazs _.
l the t...unCJ o: _.. __— _._ _. 31ik1A_.—_ _ - ___— �CiOfaoa. Commonly knOv,
__so dozed—racao2laaG_sn_cAa_Ha4azaun-3aas_Aa - ___
street Acaress 1tv Mate D0
together win the .nieresis easements. r onts. cenents improvements ana atlacnest fixtures aoounenare thereto, all it
Seller n vacated streets am alleys aolacent taereto excetn as herein exc:uaea.
C. Oates and Deadlines.
cent No. reference °vent :ate or Deacme
5a Loan Application Deadline
2 Sb Loan Commitment Deaollne
3 Sc Buyers Qealt Information Ceaalme
3 SSo _ Disapproval of fill ers Crean Dewime
Existing Loan Documents Ceagane
—_
§Sa Otxectlon to EXIStIm Loan Deaaune !
A .* oval or Loan irarefer Deaaune
45a -ooraisal Leaclme >/a
a Tile Deaollne .'an....y 13. 2000
STa..__._ ! Survev Dea ilme — l
_ §7b Document Reouest Deacons Jazatary 15, 2000
giiiiiiiiiieN= 12 §8a -tale OOectlon Oeadlme Januasq 11, 2000
yy` 13 §8b OH-Record Matters Deaaune Jazzoaxity 16, 2000
=in4 _V +4 §8b OH-Recoro Matters O ectidn Deaollne alusual 17, 2000
C1 Z 15 510 Sellers Progerry Disclosure Deadline J&wA&zy 15, 2000
ea 16 10a Inspection Obiectlon Deadline Jan 16, 2000
—V le17 §10b Resolution Deal Oannazy 17, 2000
—cc 1 '8 §11 Closing Date rallininall 26, 2000
r-a '9 16 Possession Date clealaq dab
�ICE p 20 §16 Possession Time how of c1ox
�� 21 28 Acceptance Deadline Date Jaauazy 13, 2000
�_ 22 §28 Acceptance 0eadfine Time ._ midotght
—10
Imo
O�
6ss0� a. attachments. -^e followmo ex pions. aaacnments am addenda area :art of this contract:
—N B _9Qe"" zlDml .. Of bath -
ED
O\t9
e. Applicability of Terms. --reCK or similar marx r 3 Cox means 1°3t such crown S aPPIC
N m anorevranon 'N/A" means not apollcaue.
— 3. INCLUSIONS AND EXCLUSIONSto
C a. --a Purchase Pace mauaes me lollowine seems ^ciusions i
�m N (1) Fixtures. If attacnea to the Prcceriv on 1ne Cate of the contract •amirl Meaning, plumomi
ana air ccnanionmg tixtures iinsoe releonene wring ana Cerlrleclinq COCKS l iacxs. cants mirrors floor covermas
00
to O systems sonnxler systems am controls. ano N/A._ --
��r
I21 Other lncfuslons. if on me Proclaimwhether anacne i or not on the Cate of this Contract:storr
storm Coors w may ana Coon snaaes, awTtings. Ounce, screens wmow coverings, curtain togs, drapery roar, store
ano all keys Checx Cox it inctuoed. _ Smoke/Fire Detectors, Security Systemni ancH/A
(3) Trade Fixtures, eVitn respect to trace fixtures. Se!ter am Buyer agree as tollows.li
',4) Water Rights. fie following legally ceiii water ngms.A11 vas z opiate u dry
Peztaiavec to tha PZDpaity cuiteatly held
the mine
(5) Growing Crops. Nith respect to the growing Lroos Seller am Buyer agree as folloy a,N/1
'SS 3.9.99 Contract to euv and Sell Reel Estate i'vacant una-Farm-Ranch-Seller Finaemogi
-o lee owed s- Forster'^-rr ®dewy weer _ yea right
�, litrYmenis OI Transfer - ' inclusions are 'o M -onveii at C'csII10 fr?a am clear of all taxes.
-hc URlIXahCE9. ^_< a as cr C`ApM id o 1.. --,,Vance s-a'i a o'I c`i of sale or other amipaCle
ce lids( IM19trllmernl9l
om9 Shall CC conveyed sv _ A _ 'M or =,ni aD011eaDle lP�al Instrumeni
.,. -tCIu310re3 ._'InIIPMrq 'oG 2,_,, :,es arO-srlUded I,rm This sale.NLA
4 1JRCHASE ?RICE o,O T'RMS - ^,Chase ^rot set ^- '^ ;v'ow snau ce cavapie in a-S. Collars cv
,CI0w91
' — amount —.——
Yount
end _ __
25.000.00
§4
S _;.000.00
vx - 34a -arrest Money
. 8 $ 3 §4b new Loan
y 040 >9 until Balance
Seller or Fnvate finanunq 2I5.000.00
.6 g4e '-ash M Closing —
TOTAL ,z 5,000.00 Sz5,0oo.00
a. earnest Money. i'ie Earnest Monev set north in INS Section. m the form of ems=--
is pan payment of the Purchase Fnce am snail bS V ie TO and trip by --.�1[:k1iLGD'�cx TSlL IDg�
its trust account on penalf of porn Seller and Buyer fie pai aulnorze delivery or the Earnest Money deposit to I
Company. It any. at or before Closing.
b. New Loan.tOmnted as inapplicable.(
C. Assumption. (Omitted as inalgimaele.l
d. Seller or Private Financing. Buyer agrees to execute a prom in
note cavade to:
Other
as Joint Tenants Tenants Common _
_ on the note form as mmicatm. - (UCCC-No Default Ratel Nib 82-3-95
Ralal NTO 81-11-83 Other_ _ — __—.--- --- secured by a __Strict Dua-OnSaN ITT
ast. 2m. etc.) deep Or trust encumbering the Prdoety using the Ofm as Indicated _
_Creditworthy (TO 73-7-96) _Assumable-Not Due On Sale(TO 74-7-96) 1-Other
-Buyer naming
Shall Shall Not execul and leaver. a[Closing, a Security Agreement etacntll�CCo^(he person
griming the holder of the promissory note a
ncltaec in this sale �e promissory note shall be amortized on the oasis of _ years - months.
ter _ '(quoins pnncictai and Interest at the rate or °5 per a; er s
snail commence 'm strait be cue on tre _ _ ]av or each succeeding an
the balance of principal and accrued interest shall be cue I_. amopayable annual real estate taxes. am Shall
Payments Shall - Shall Not be increased by _--
be increased by of estimated annual property Insurance premium. The loan small also comam the follower
_ V any payment is not received within _ calendar days after Its due date. a late charge of % of eta
rJi shell be due. Interest m lender disbursements under the deed of trust shall be _% per antrum. Defaua interim
N F- be % per annum. Buyer may prepay without a penalty except
Z
=�U Buyer C Shall C Shall Not provide a mortgagees title Iineurame policy. at Buyer 9 expense.
C •. Cash at Closing All amounts paid by Buyer at Clbsl Including Cash at Closing, plus Buyer's d1
-�O Z of so be 1n funds which comply yAth all applicable Colorado laws. which Inc a cash, electronic transfer funds. can
sawri and loan tellers check and casmerb check(Good funds).
_ 5. """YCINO CON DITIONS AND OBLIGATIONS.
—Z C a. Loan Abblleatlo, (Omitted as inapplicable.(
sy b. Lean Commitment (Omitted as inapplicable I
=�Ip C. Credit Information. a awe is to pay all or part of the Purchase Price by executing a promiasory I
=� of Seller or if an existing can is not to be released at Closing. this contract Is comrtlnnal u1D0ilxft, approve
financial allay and crediMarthines3. which approval shall be at Seller'9 sole am abswuae discretio , In such call
�Q Shall supply to Seller by Buyer's Credit Information Deadline (§2c), at Buyer's ezcerse, mfor,Burn end
�on Z concerning Balers Ilnamial. employment am credit common: (2)Buyer constants that Seller may verify,Bu11er's fin
ffs� am crecoviorminess Including obtaining a current credit repprryl 131 any such information am dxumems ransrvetbby
pa field by Seller in ronlidence. am not released to others except id protect Sellers inlere3l I❑fine VaflsaCflOO'.
ED m does not provide vrrhen nonce of Severe disapproval to Buyer OV Disapproval of Buyers Credit Deadline 1§2c1
Na Ism O r e9 this Condition. if Seller does pn OYlde water, notice of disavoldPdi 10 Buyer cn or Before sag date. this c
terminate.
N ii Q d, fxistlna Loan Reylsw (Omitted as inapplicable
�o B. APPRAISAL PROVISIONS. -
e. ADontlsal CorMltlon This subsection a. Shall '._ Shalt Not apply
_IN Buyer shall have the 301e option am election to terminate tmis contract If the Purchasentracct srice hell ter n
r valuation determined by an 2=SMer engaged by - 5e1'
sit♦m
�m N giving Seller written notice of termination am either a copy of such afxxalsal or wlinen notice Iron lender Io
Property'a valuation is ("a than the Purchase Price. received on or before the Appraisal Deacillna 1§20). It Se
receive such carmen notice of termination on or before the Appraisal Deadline l§20, Buyer valves any fight to ter'.
!Ilad O this subsection.
C b. Cost of ADOratsal. Cost of any apprallial to be obtained after the date of this contract shall d
by C Buyer X Seller.
7. EVIDBJCEOFTITLE
a. gAdartga d Tltls: Survey. On or before Title Deadline i§2c). Seller shall cause to be full
at Seller's expense, a current commitment for owners tale insurance policy in an amount equal to the Purchase F
box is checked, _An Abstract Of tale certified to a current date. J a tale insurance commitment is famsleeo
Shell Not commit to delete or Insure over the standard
exception,which relate to:
(1)parties in possession.
(2)unrecorded easements,
(3)survey miners.
IN)any unracardeg meehgMM liars.
(51 gap period is fee"date of commitment to date deed is recorded), and
(B)unpakd takes,assessments and unredeemed tax slop prior to the uyee yew
Closing.
Buyer C SNNI
Any additional premium expense to obtain thin additional coverage
shall hat to exceed $ r/A for the cost of any impreMmem location certificate Or survey sir
Buyer nt Seller. if the coat exceeds this amount.
LA-Rshall Day the excess on or before
improvement location certificate or survey shallil ce received by Buyer on or celore Survey Deadline(§2c). Sellr
the tale iMtff m9 policy to be delivered to B W er as soon as practicable at or after Closi
.¢ mrect Tit Buynd ng.
CBS a99 CO A Sea RON EStNa I VS,oi um-Form.Rmi m.Siii FMamirol
'a low cededM fa wmmiwlw Fiore sats&W Buyer dare �— $rY eNIW
T. -opies or Ex ptlons 1 or ce!cre rRle Deadline lqZ Se°:er. at Sellers expense small furnish to B
t ^coy of any cials. c-ciarations :,enants c-riatori9 aria restrictions ourdeniw the Pir^eemyr 3w 12) i1 a title Incur
-mmi[mem is re^mre t to 79 'urnisnec. --u ' '-•s oox = 9-ecxed X Copies or any Other Documents lot. ` :'e
=.'-moraines CT9:Cn cccumemSl s'ec r '.-e scneawe c' —cecllons ,•oemons, '_:en it!re ccx s not cneckeo. ballet
'3ve Ire oolloalion to I'Jrnisa tnese =unienl5 cursuant is i'S s-cseccen it 'Muested ov buyer any one on or motor
Document Reduest Deadline i0<LI "S re^_ulrement wail Certain o-'v C ccCUmeres as shown or record in the office C
-erM aro recoraensl a aostraCl c. 'lie insurance co-,tment tc_eirer win any copies or Summand of sucn occur
iufnlsnee cursuant to imis Section rcrstitu[e!re tie cce,,ents I Tilie LLocumenislPOP (N gin, ti-ill .
` V S a. Title Review. _over snail have me 'pant to inspect the Tdle Cocuments. Nritten nonce by Buy✓ .` �i inmerchamattihty of Cale or �r any r;her unsatisfactory ''-e condition shown ov the Mlle Documents shall be signed by
eenad of Buyer and arven to Seller on or oefore title Objection Deadline §2c). or within five i51 calendar days after rece
=over or any -tie hAoumentlsi Of eroorsementlsl scdlnc new PXcilcuonlsl to the ut!e commitment together with a Copy
tie DeCumem aminq new Psceovorf I to title f seller lees not receive to
notice ov the cate151 specified aDOVe.
3cceRs the condition at title as ulsclosed by the Title Documents as satlstaclorY.
b. 'Ratters not Shown by the Public Records. Seller snail deliver to Buyer. cn or before Of}J2ecord Ma
Deadline §2cl true cooed of all lease(S)and survevisi in oeoer's possession oertainlrq to the�roeerty are snail dril lc
Buyer all easements wens or other title matters not shown by the oupiic records of witch Seller has actual knowledge.
snail nave Ire rlgnl to insoect the Property to aetefmine it env third partvtesl has any mint in !me Property not shown t
public records Such as an unrecoroea easement, .rrecoroed tease. or boundary line oiscrecancvl. Written notice <
unsatisfactory commonlsl aisclosea ov Seller or revealed ov sucn Inspecnon snail be signed by or an behalf of Buyer am
to Seller on or before Off-Record Matters Objection Deadline(§2c). If Seller goes not receive Buyer's notice by sane
Buyer accepts title subject to such rights. if any. of third parties of which Buyer has actual knowteoge.
C. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGE
INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROF
WITHIN SUCH DISTRICTS. AT RISK FOR INCREASED
L PROPERTYBURDENSEVIES AND EXCESSIVE TAX O ONSUPPO T THE SERVICING OF SUCH DEBT PLACEDERS IN SUCH DISTRICTS MAY BE HERE CIRCUMSTANCES
RESULTING NESS
INCREASE IN•N THE MILL LEVIES.LITY OF SUCH A DISTRICT O DISCHARGE
BUYER SHOULD IINVESTIGATETHEDEBT F NANCING REQUIREMENTS FMENTS OF THE AUTHO
GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS. EXISTING MILL LEVIES OF SUCH DISTRICT SERV
SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
in the event the Property is located within a special taxing aislncl and Buyer desires to terminate this eornrae
result. if wrtten notice is received by Seller on or cefore Off-Record Matters Objection Deadline(§2c). this contract sh.
terminate. if Seller noes not receive Buyers notice by sucn date, Buyer accepts the effect of the Propefly'S impression 1
soeclai taxing aistriciisl and Waives Ire r,i to so terminate
d. Right to Cuts. .I Seiler receives notice of unmeronatt lily of title or any other unsaljsfaprory idle cons
3r commitment terms as provided in §8 a of c above. Seller snail use reasonable effort to correct said items and be
nominal expense to correct the same prior to Closing f such unsatisfactory title condrtioms)are not corrected on or
Closing, this contract snail then terminate, provided, mowever, Buyer may, by wall notice received by Seiler. on or
Closing,Waive abjection to sucn items.
e. Title Advisory. The Title Documents affect the title. ownership and use of the Property and should be rc
carefully. Additionaily, other matters not reflected in the Title Documents may affect the title. Ownership and we of the Pr
Including without limitation boundary lines and encroachments. area. zoning, unrecorded easements and claims of ease
team and other unrecorded agreements. am vamous laws and governmental regulations concerning lard use, developm
_ environmental matters. -he surface estate may be owned separately from the underlying mineral estate. and tranftr
rs 0 surface estate does not necessarily include transfer of the mineral rights. Third parties may hod Interests in oil. gas
�>0 minerals. geothermal energy or Water on or under the Property, which interests may give them rights to enter and u
Property. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consul legal come
yt f respect to all such matters as there are strict time limns provided in this contract(e.g., Title Objection Deadline(§:
= Off-Record Matters Objection Deadline j§2cl),
O 9. LEAD BASED PAINT Cnless exempt. If the imorovemen is on the Property include one or more residential dw,
�>U for which a building permit was issued prior to January 1 1978 this contract shall be vod uniess a competed Lead-Base
�cc= Disciosure(Sales)form issigned by Seller and the reputed real estate ucensel which must Occur prior to the parties
•+ this contract.
10. PROPERTY DISCLOSURE AND INSPECTION. Cn or before Seller's PtopertY Disclosure Deadline t§2C
agrees to provide Buyer with a wrden aisclosure of adverse matters regarding the Property competed by Seiler to the
�Z d Sellers current actual knowledge.
.. a. Inspection Objection Deadline. Guyer snail have the right to have Insoechon(st of the physical conddic
B -fool aria Inclusions. at Buyers expense, if the pnvsicai common of the PrppeflV Or ICCIUSIons is Upsallsiactofy In
O subjective discretion, Guyer snail. on or before Inspection Objection Deadline(§2c):
Seller ir will that this contract is terminated. or
a
—cc Z 12) provide Seller win a written oescnpjon of any unsatisfactory physical condition which Buyer
Seller to correct(Notice to Correco
if written nonce Is lid received by Seller on or before Inspection Objection Deadline i§2c), the physical con O O the Procerty and Inclusions shall be deemed to be satisfactory to Buyer.
�„e to b. Resolution Deadline. if a Notice to Correct is received by Seller and if Buyer aw Seller have rrol a
—0 0 writing to a settlement thereof on or cefore Resolution Deadline 1§2c1, this contract shall terminate one calendar day I
Nm the Resolution Deadline, uniess before such termination Seller receives Buyers written wlindrawal Of Ili!Notice l0 Corn
) C. Damage Liens: Inderri Buyer is respell for payment for all inspections surveys. enginesfmb
w - or for any other work performed an Buyer s request am snail pay for any damage which occurs to the Property and Iwiu
�N to a result of Such activliies. Buyer shall not permit claims or liens of any kind against the Procerty for Inspections.
r C engineering reports aria for any other work performed on the Property at Buyers realjest. Buyer agrees to Irldemdify.
I aid hold Seller harmless from am against any liability. Cameos. cost of expense incurred by Seller in connection with e
a
�I N inspection, claim. or lien. (his indemnity includes Sellers right to recover all costs am expenses Incurred by Soler to
—p1 this subsection, Including Sellers reasonable attorney fees. Tie provisions of this subsection snail survive the lermit
=top this cOntrsCl.
to it. CLOSING. Delivery of deal from Seller to Buyer shall be al Closing(Closing). Closing snail be on the date
m es the Closing Dale (§2c1 or by mutual agreement at an earlier date. The hour and pace of Closing shall be as drag
11
12. TRANSFER OF TITLE. Subject to fewer or payment at Closing as redured herein am compliance by Buyer
other terms am provsions hereof. Seller snail execute am deliver a good and sufficient s a1 Ra3ze^n
to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing.
as provided herein, title shall be conveyed It"and clear of all liens. including any governmental hero for special imp(
installed as of the date of Buyers signature hereon,whether assessed or not. Tile shall be conveyed subject to
a. Nose spell Exceptions described by reference to recorded documents as reflected in the Tile Dc
accepted by Buyer in accordance with§8a(Title Reviewj,
I 9istnbution utility easements,
a those specifically described rights of third parties not shown by the public records of Which Buyer h
CBS}499 Contract To Buy And Sell Real Estate Wacant Unit-Fal Retain-Selier limarictridl
ti In taeoa a ivmnmfm w,item xx�= sweeties 1Mr1IralrY_ F
--��rcance-11-o� ".'otters ra /m ov Late P^.bha i2ecorasl. and
-:neoae ana vas rn 51c a -^bird Pv P y _,-a
--11510n I ^�'^Dr'rIV Wlinln anv 2:I=.•Ian r_..
O,nellls 2,1 ouruen5 Of .n71 09 lara'Cn arc rtv all e•`menl5 'I anV. 2np
of a s^.au re bats at a roiore ^Ire u<
ljo ENT OF ENCUMBRANCES_ --+ —,mc,ance �'cll ea :o ce .
-reeas Of this transactwn Cr ^-m anv otref source ,r•.o "�'Rr stall OaV. T held P:�d T rn'
a ';LOSING COSTS'. COCUMENTS AND SERVICES. -^v r _
'tslnp costs and all other hems redUlf ed iA ce caid I send. <ecl as "�ne.wise er oVlaeg noreln ^uVEn ar.. _'ten sin
a complete an customary _r �easoi req,i reu a lime ITS al rote C'osln° re9s for real estate C'�Ir1g services s
"I a a q at Closing cv x One+iell by Buyer and One Nalf by Seller Buyer Seller -Other .
`ne local lr ens ter lax of _a/A._ of the Purchase Price snail be Cala al Closing by _ Buyer Seller- nc
L-Buyer
cue OV
a eller
use tax that may accrue c�?� �r this sna ItlaMSte erora ea snail
Closm°Date�e,ceot as otherwise provided
5. nRORAT_IONS. _ens char ewttnv lazes. f anv. ana general real estate taxes for the year of Closing, b:
a. .axes. The Most Recent Mill Levy end Most
!The Taxes for the Calendar Year immediately Preceding Closing
"Stiessment Other ________ ------ --- - - -' -' -' Accrueo. cecunly deposits Meld by Seiler
b. Rents. �=eets cases on Rents Actually Received
edited to Buyer. Seller snail assign all leases to BuVef and Bt1Vet snail assume Such leases_
C. Other Flotations.Water.sewer Cnarges, and interest an continuing loanmsl. if any; and
d. Final Seltlamen[.Unless otherwnse danced m vrtmna, nee txoralidns sea^.ce final.
g, POSSE S$ ION Possession Of the Prapelry mall be delivered to buyer on Possession Date a Posaesaic
§2c), sublecl to the didowing Ieaselsl or tenancvisl none _- -- - -----— __
If Seller, after Closing, tails to deliver possession as sceclhed. Seller shall be subject I, Tclion and
ay from the possession Dal Zc)until Po
additionaty liable to Buyer for payment 0(E 5M,00__ per tl
I tlehvefed. This contract shall not be assignable by e, Nthout Seller's new mitten consent. Exce
17, NOT ASSIGNABLE_ heirs, personal relx'Mematry . succas
,Malcted. this contract snail inure to the benein of and Ce placing upc
,ssgns of the oarlles.
COND ION OF AND DAMAGE TO PROPERTY AND INCLU5.-:fS. Except as olhervwse pr ordinary
in this
he PrdttflV. IfTCWBIOns or Colh snail be Oehvefed ih me Condition BXlsling as of the dale of this contract,Oftllpary wean
cepted.
r„r U a. unt of not Insurance. In the event the total Purchase
of inclusions rocs snail s ail be 0d by lire or other theil
—> !osnxl. In an amount CI not more than ten percent of me local PuronaSe Mncs. Seller Snail be gdamag s repel!the 9af
--j F 'he Closing Date m§2c)_ In the event such damage Is not repaired w+lhmn said time or it the damages exceed such
mosio"—U)? -.onlract may be terminated at the option of Buyer by delivering to Seller vwntM notice of termination. Should Buyer roc
-�ul this contract despite such damage, Buyer shall be entitled to a credit, at Closing, for all the Insurance proceeds
�4A U 'tom such damage to the Property ant InduSiaMe payable to Seller but not the owners'association. if any, pins the amp
�> feductible provided for in such insurance policy, such credit not to exceed the total Purchase Price.
Cc H b. Damage' Inclusions• Services. Shot. I any InciUSIONS)or servrce(s)(including systems arid come
p
Y the Property a q. healing, plumping, etc.) fad or he damaged between the dale of this contract and Closing at al
U~ .yhlcheyer shall be earlier. then Seller shall be liable for the repair or replacrnMl of such InduisiorNsl On eervtcels)tilt
ccH
d slmrlar size. age and quality. or an equivalent creed. but only to the extent ocihat the maiMMaless any assurancme Of e
Z Iacturnonts), service(9) or flxlufes9 Is not the responsibility of the owners' a9sociahol. Ir any, fire
ampreceived by Buyer aOVerrfg Such repairs or replacement The risk of ie9s for any damage to grown c10P. by
�K ;asuaty, shall be borne by the party entitled to the growing crops. if any, as pavided In§3 antl such -'rty shall be
0 socn Insurance pfoceeds or benefits for the growing Croce. If am.
P a z C. Walkk-I an: Ve ifiwlion of Condition. Buyer, upon reasonable nonce. shall have the right tow.
=N he PropeflV Prior to Closing to verily that the P"yv cordtltm of the Property and Inclusion complies win this C m
Ill. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By swnina this document. Buyer am tiller ackria
-m rtte Selling Company or the U9hr1g Company has advised That this doour-enl has Important legal thisrnsequencr
(Deg -commended the examination of title amid consultation will legal and tax or other counsel befog check
re received
CP s Ear
=.yp 2U. TIME OF ESSENCE AND REMEDIES. Time is of the essence hereof. Ir any hoe or check fecewed a on In
m liefeurdef or any Omel paVmMl due hereunder Is not bald. honored or tendered when due,or it any pthr obligation h
a�N B -�nl cerlormeo or warved as herein proVidad. there snail be me iolloMng emlgle.
=� a. If Buyer is in Default:
Suit
�w is ^ 11) Specific Performance. Seller may elect to treat this contract a9 canceled. nth whld case
�N and IhingS of value retched hreundeM shall be loneiled and retained on behalf of Seller. am Sellr may re 2r have
�r a9 may he Cfeper, or Seller may elect to treat this Contract as being In full :OrcO Arid effect and Seller
a haw
to N 2pecnc�performance or damages. or both.
Ixl Sz 12) Llguidaled Damages. All pavments and thirws of value received hereundr shall be rorfeae
and trained on behalf of Selir and both Partin snot thereafter be released it=all obligations hereunder. ft Is agree
000 p cavments and things of value are LIOUIDATED DAMAGES and lexced as pwrded in substrown c)are SELLER'S
In to -NLY REMEDY for Buyers failure to perform the cbegallons of this contract. Seller express, .vane the remedle'
certormance and additional damage.
b. If Seller Is In Default: Buyer may elect to veal this contract as canceled. in which case allBuy
pa
things of value lecervedhreurder shall be returned and Buyer may feclve such damage as may or ancef de.or dome
to treat till`contract air Calm In full
end Exoenw�en t eeevmt cord By arer snail pilration oreltdaUon relating the right 10 do this performance
irbtr
shall swam to the oevatlmrg party all reasonable costs and expense. mctbdrrg attorney fees_
21• MEDIATION. If a dispute arises relating to this contract, prior to or abet Closing, and is not film
me tl. the
first proceed in good faith to submit the mallet to mediation. Mediation rs a process in which the potties meet with
binding doCIS10118
person who helps to resolve the dispute infomailY and Conli�eeh�f1iMM"if
the ators nppoint not an ecceptaple nftator a
the dispute must agree before any settlement Is blndirg.
notate loll d��alerdar day dotion The om the date vwlten nit c re casting mation. unless fahermse edialioi is sea agreed, lm eW one pantYh o me dhenl
shall not alter anV dale as this contract. unless otherwise agreed_
72 EARNEST MONtY DISPUTE Notwithstanding any termnrlon of this contract. Baler and ' Se ogre
event of any conlroverav regarding the Earnest Money and things of value held by broker or Closing 'party (I
,mitten instructions are received by the holder of the Eamest Money and things of value). boxer aClow -omoen
required to lake any action but may at any pioceedlrg, or al broker s or Closing Comportoption a.%�sole di'.
w2
interplead all parties ancidepost any moneys or things of value into a court of competent jurlsdidion and shall Macon
and reasonable attorney fee.
23. TERMINATION In the event this contract Is terminated. an payments and tchi2rgs nodl lie received rr
returned and the Ttlee snail be relievetl of all obligations hereunder. sunect to§§
22.
';SS 3-9.99 Cwxlecr To Buy And Sell Rest Estate ivatanl Lang-Farm-Ranch-Seller firencingr SNNf aIWa-- —
'b4inelmroOM Fararwalartar"har� 1003star, everame --
_3. %DOITIONAL Por)VISIONS. he :nuun e , r :nose acmnonai provisions has of peen approved
]loraao Real Estate _Cmmrssron I
-_v.na -,_ irscecr__ a
_ellex ,_ ne on vne `ci,i Irr=m ^_scs an¢ ..ace _.-.yes ciaac>ons _-ciuunq an env_ixonmene.
sal o.n. +xsce assesmenc ._ n_ _vsex - nen.1sn
eex ear "n' v1, ve eracen __ an zee, :._ax_ra account E__ .ce aeref_c of Sale
1s ..ellex's _¢ten, a_ se some ec vi_ ._ Iftcl.. _a an L.5 ._._ .^_xchange. _Boyar
tgxees co c,apecace is cn_s ncocem cu_ .c no eaaed excense _o Buyex.
in,
S
,� 25. PNTIRE AGREEMENT SUBS EOUENT '.CODIFICATION, SURVIVAL s cca racf _nstnules the entire
--oveen Ih- Carnee rein,na to ino= ci t neon 'l , C r car_ fs enna:mna mete Bremer oral or written. n
-eraed Alin smear area "I s se^.ne n ^an n ... anv he terms r `._ .^ntract Shad be vane
iron me nnnies cr ^ inrceieie nmess mvae •n ,.,nnst anc sn:"I uv 'Pe o=_rues 'nv oei:gauon in uus contract ,nic
his S .na r,to ce C� t^.m?� after Irmapnn nr �Jcs,na snad survive in.same
.6. =ACSIMILE, S matures X May 'rill Not be =olsnceo uv tacsimne Documents win anginal signatures
,tovraed to r, _.ner en ry t ina cr 1,n,ri,,i est nv ram
27 JOTICE E- t r he nonce red tempo _d aupn .I'=rricetl m 6 anv nonce l.a Soler snail be effect
.delve,by Buver or ev a qna C"n,oanv ana anv n^ace to _.der snad oe s f_cuve omen received by Seller of Listing C
23. NOTICE OF ACCEPTANCE_COUNTERPARTS, :s crocosal snail evolre rirness accepted in writing. by B
Seller as e,aencea ry inter , inatures, co Ow a,d the cl teltna carry f-cerves nonce of acceptance pursuant to §
"_.fore Acceptance Deadline Date ann Acceptance Deadline time i62cl r accepted. this document shall b,
-_ntract between Seller a,d BuV9! _ v or ": nn,,ent may re executed cv each early. secaraten, and when e"
ras executed a COO`/ ihefi su-ri copies talieo together snail ce ceemea t0 ee a toll and compete contract Oetween th
Buyer Plat in Co. Board of Cotnna,anonexs Suyer
Date of Buyers Signature Cate of Buyer s Signatures
Buyers Address: 530 a. H,an,_Aeper,_CO 81611 _ 9uyef5 Telephone No 970 920-5329_
Savers Fax No
[NOTE:If this offer is being countered or rejected, do not sign this document. Refer to§291
Seller R111iam J. Flkkac, Eller Patsu W. Flirter,
I� O Date of Seller's Signature Date of Sellers Signature'.
jU Seller's Address. 2132_P.. Ave,._niMupolia,_eataa_ Sellers Telephone No' 612_317
J} __55402_ _ ___- Seller's Fax No: filj_9.94-0295
_MF
N Z
N O 29. COUNTER:REJECTION. This offers Countered Rejected.
viiiiiiii j O Initials only of patty(Buyer of Sal who countered or rejected offer
C t=-I END OF CONTRACT
Y
ZH Note:Closing Instructions should be signed on or before Title Deadline.
clam CC a
affiffiffep to B_00KER ACKNOWLEDGMENTS The undersigned BrOKerls I aCKncwledges receipt of the Earnest Money deposit spec
�Om
ana. •Ahde heLa party to the contract. =_green to r:coperate upon request•Ntth anv mediation conducted under§21.
Selling Company Brokerage Fiat af onship The Selling Ccmpanv and its licensees have been engac
�cc Z transaction as ' Buyer Agent Seller Agent/Subagent Dual Agent Transaction-Broker.
in
ID Listing Company Brokilrede Relationship. -— Listma Company ana its licensees have been engat
-pt '.ransacuon as Seller Agent Dual Agent Transaction Broker
—cc
=B O BROKERS'COMPENSATION DISCLOSURE
aiiisfoo 0119 N O Selling Ccmoanys ccmcertsahon or sommrssion is to De raid ov Buyer Seller Listing Company
C4� 0
�N _
\K
—r
rom-0 er (To be completed tv Listing CamoanvI Listing Comeanys comcensatlon or commission is to be paid by-47,Bu yef
�f0 Other:
=oa Ito a 0
to
air.iii,+ Selling ClJntpany._ _. (Name of Company)
By:
Signature Date
Selling Company Address. Selling Company Telephone No:
�\ Selling Company Fax No
Listing Company: \�� (Name of Company)
By: \`
Signature Date
Listing Company Address ❑stinl0 Company Telephone Ni
Listing Company Fax No:
_-SS 3-9-99 Coraract to Buy am Sell Real Estate IVacam LanobFalin-faoch-Seller Fine ora)
'etin.e fORllalMmr freawmar Gate eeae steer mn
"h x
EvtE=S EAS-
A parcel of land betne tre SE1, 4 of Section 36. -ownship 8 South. Ranee 83
West of the 6th Princinai hlendian. County of Pi-kin, :-,ate of Coiorado.
IIIIII 'IIII ' ill I'I IIIIII IIIIIII IIIII III HIM III IIII
, 456893 07/26/2002 09:16R ORDINNNC DAVIS SILVI
12 of 24 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
,i.Ttti�S W rS �a RCS:
A t:arcei of land being* e SWI:4NW'1 4 of Section :6. -JWrlshi7 S Sour 3ange o=
',Vest of the 6th? scioai Hier.man- County of?itkin. S ate of C :oraao
IIIIII IIIII IIIIII III IIIIII IIIIIII HE III IIIIII III IIII
456893 07/26/2001 09:15R ORDINRNC MIS SILVI
13 of 24 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
i�'III "III 'IIIII I"'I Iil�l I'I' II'I"I III "I'I II'I I"I
'39626 12/18/1999 12: 17P SPEC WO DAVIS SILVI
ar R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO
SPECIAL WARRANTY DEED
WILLIAM J. RIKKERS ana PAMELA W. RIKKERS. rantcrs. �orccoo ana vaivabie
::onsideraticn. !n hand paid. nereoy sell ana convey :c WILLIAM J. RIKKERS and
PAMELA W. RIKKERS, Grantees. :vhose address s 2',32 Penn Avenue.
Minneapolis, MN 5_=4C5. the foilcwing real proper:✓ In .ne County of Fitkin and State ci
Colorado. to wit:
A parcel of land being the SW1/4NW1i4 of Sec',cn 30. To:vnship 8 South.
Rance 83 West of the 6th Principal Meridian:
j with all its appurtenances. and warrant the title to the same against ail persons claiming
j under the Grantors.
NO DOCUMENTARY F-=R_CUIRE=: - ansrer Tor estate elarc^c --urcoses with ccnsicerauon less than
c`.
SIGNED this sav of
W' Rikke s am .
r-
iPamela '`i. Rikkers
STATE CF
ss.
COUNTY CF
The foregoing instrument was acknowledges t_efcre me this day of
le—� 1999. by WILLIAM — RIKKERS ans PAMELA W.
RIKKERS.
i
I
WITNESS my hand and official seal.
My commission expires:
N
STEVEN G. NELSON
P"_;rl
NOTARM PUBLIC-MINNESOTA u.Camm�on�.ars.0.11.2M$
IIIIII IIIII illlll ��� IIIIII IIIIIII IIIII III HIM III IN
456893 07/26/2001 09:15R ORDINRNC DAVIS SILVI
14 of 24 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Afta recording mum to:Schmt Kass&deW inter
3M_SB$St.Ste.310.Glenwood Spring$.CO$1601
=38627 :2/15/1999 12:1;P SPEC ND OAVIS ST;Lvl
:{ R a.00 D 0.ea N 0.00 PITKIN COUNTY ^
SIP E^;IAL 'NARRANTY DEED
WILLIAM J. RIKKERS anc PAMELA W. RIKKERS. :an,crs. '.gr:cog ana vaivadle
onsiceration. in nano said. 7ereov seil ana cnvet: :c WILLIAM RIKKERS ana
PAMELA W. RIKKERS. rantees. ::nose aaaress s - . 2 Penn avenue.
%linreacciis. 'JN SS409' the fCI1cv1inc real CrCCerp :^.e `--JI;CP/ Cf P'tkln ane State Cf
Ccioraco. ,o wit:
A parcel of land "-eing ,he SEI s"JW 1 '4 cf Seo:.gn �wnsnio 3 South.
Rance 83 West of the oth Pnncoal Mendian:
with ail its appurtenances. and warrant the title to the same against all persons claiming
under the Grantors.
G OCCCP lEN ,CRY R== rEC 'IRE=. — ans er esa;e o.arn✓rc c`es vnm ccnsscerancn less Than
_:zn
SIGNED this 7av ccc
i"
Willi�d. RikK,ers
Pamela s /. ^.IKKers
i
I
STATE CF
:CUNTY CF
The foregoing instrument .,,,as acKncwieeaed tefere me tl-,is day of
WILLIAtil RIKKERS ana PAMELA IN.
RIKKERS.
WITNESS my hand and cfficiai seal.
My commission expires: '
-
Ng •
STEVEN & NELSON
' NOTARY PUBLIC MINNESOTA
—r
71 :OGS
.............. •
I"III "III "I III I'I II I"I 'IIIIII IIIII III 'III'I III IIII
456893 07/26/2001 09: 15R ORDINANC DAVIS SILVI
15 of 24 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
After recording=M m:Schea.bast&deWinler
303 8th St.Ste.310.Gknaaod Sphnes.CO 81401
--, cnnmo oomons er •-s !Grin nave oeen aoorc
ne L0101aGo neat cs:ate!Ammission._3S 3=
-HIS FORM HAS IMPORTANT LEGAL CONSEOUEN
'ND THE PARTIES SHOULD CONSULT LEGALAND
:R OTHER COUNSEL BEFORE SIGNING.
CONTRACT TO BUY AND SELL REAL ESTATE
VACANT LAND -FARM •RANCHI
:ate:
AGREEMENT :aver agrees to cuv ana :ne uncersicned deuer agrees io seu me= acerty aenned ceiow on m,
;no ccnarilons set ICrn 1 '115 Czntract
_. DEFINED TERMS
a. duyer o�,er _. _... eoaxd ai. -----_-- -.
"nu lase ::t:e!o the real ercotl::escricsd oe!ow as _omt Tenants Tenants In Common X Other
a.ocertv --- '^certv -,s me foiiowind leaiiv descncaa real estate-
,s44_a.4iECFW 14IIaLd4aCxintiaa)_t$e__Hald4g NQuaN4a-C421Y-P3LG41__dCd_Lh4_�alGG_
-
" me t,CUnIV or __ _ __ 2;Lk1A_ _ -JOraao.Q COm:om
monlV NOPMi
_ 39�GLei__VaGi�L_liIId_96-CJ1i�4QAZi0a>LPiaa�4ad_.__-_--
_[reel Aacreel �.tV Mate -30
:ogeiner 'Mm me interests easements. r',grits. Deneflts. imorovem,ents and attached fixtures acourterl thereto. all lint,
Seiler in Vacated streets aria alleys adlaeenl thereto. excem as herein excluall
C. Dates and Deadlines.
tem No. <efefence Event Date or Ceaullne
t 'Sa Loan A lication Deacime
2 5b Loan Commitment Deachne
Sc Buyers Credit Information Deadline
a _ Sc Disapproval of Buyers Credit Ceadlme
§5d Existing Loan Documents Deadline
5 Sd Objection to ExistingLoan Deadline
55d Actorcivan of Loan Trartster Deaohne
`5a Accrail Deadline
- a rile i7eaallne I a4aiz7 15. 2000
Survey Deacime
ib Document Request Deadline Jazowaxy 16, 2000
12 §8a TRIe Objection Deadline Jklooazy 17, 2000
13 §8b Off-Record Matters Deadline Januazy 16, 2000
1a 8b Off-Record Matters O ecnon Deadline Jan 17, 2000
15 §10 Seller§property Disclosure Deadline Jaxinual 15, 2000
16 103 inspection O "ectlon Oeadllne Jistowal 16, 2000
10b Resolution Deadline Jett 17, 2000
18 §11 Closing Date rab 28, 2000
19 §16 Possession Date 0144 dab
=t-a 20 516 Possession Time bents 49 e1483nir
11 §28 Acceptance Deadline Date Janeazy 13, 2000
22 528 Acceptance Deadline Time aidaiOHt
fA O
�_
�Cc Z 1. Attachments. ",e hollovang exmbns anacnmenis and addenda are a can or tYis contract:
0"
=UF _BgaL.d4DCx13aiiowa ai both nazcLLa. - _--_---- - -- ----
—=4 e. AODIIWblllty of Terms. A Cl or similar marN 'n 3 Cox means IC3t such Crovlslon is aaplld:
N 0 ioIXEviatioh'NIA" meads not aopllalow
0 tD 3. INCLUSIONS AND EXCLUSIONS.
OED a. he Purchase Price includes the foils lima items imcluslonsi
= _ (1) Fixtures if attached to the Prom on time date or this contract .cantina, nea
� nrg, plumbing, v
ce
and art conditioning fixtures hill teleonone 'mill and ctdnedllhg DIOCKSI aCKS Giants ^lirrors floor Coverings.
—t+O systems sorinKler systems am controls. ana N/A— . .. ----
0 (2) Other inclusions. if on me Procer v v nether attached or not on me date of this contract.storm
0 storm doors will am Doren shades. awnlms, clime. screens, vnnaow coverings. curtain rods aravery facts, storar
N 0 am ail keys Check box if included: Smoke/Fire Detectors. Security Systems). anti/A —
-Nt
0: (3) Trade Fixtures. With respect to trade fixtures. Seller and Buyer agree as follows:NIA�
m (4) Water Rights. The fohovang legally aescneed water ngnts.n.11_xatarsaaala 1t aasr
=00
inn two
q.. «4h Pzee4t_ty cuzz.ntly hold '� - -- it ti ,.. .i....�.t ce Hw4z at
to f0
�O
(5) Growing Crops. With respect to the grrrvang croc6 Seiler and Buyer agree as f(Alows:N(L_
-SS 3 1 Gordian to Suv am Sall Rawl Estate I Vacant l al Farm-Ranch-Sellar Financing)
Ia Taw diner ar fRaaeuWdicer-ha ll tmd61® svl4alar � saY,laixan�
-:strumenter or ' anwer. - n^^usions a,e'= ce c—vevec a _as:na .-ma tic near cr all taxes. u
-!Cmcrances (beR as c"oV'-0ea i!-.o t2 Veyance snaili oe nv G'I or sale Cr I:rer aba cadre ieaai insilumedhsl.
-s s:rsl ce cc'iauswns. - s:ouovam adacned nxt.res sue exc neo:rpm�-s sa,e.N ieaai instrumentisl.
_. - --._. saie.atA--
a. 1RCHASE D-ICE ar10 Rtl _ ,male -tie se• rim rte_ l -au be cavacle •n J.c Guars ci --
.iows.
_ .__
aferenceem mount
a4 -- - - — .rcnase Price -- — i =5,000.00
_ 3qa =airiest Money ,000.00__ .._
4b -- 'lee Loan
=ssura loft Balance- _
-- S4d --etler or Prvate rinandirg —
-asn ar Llosing --- i17,000.p0
-- TOTAL __5.000.0O— .- -25,000.00
a. Earnest Money, -tie Earnest Morey set Icril m tnis Section. 'o tie form er
s part payment or the Purcnase Price and snail be cal to and all by '—a'—>s----
's trust account on derman of Oelm Seller and Buyer. The oanles authorize deuvery or:tie Earnest Money deposit t0 the
:;ampany, if any. at or before Closing.
b. :New Loan.1, LPimed as inapplicable i
C. Assumption. Ommed as InaoMlcaGe.I
d. Seller or Private Financing. Buyer agrees to execute a promissory note payable to: _
as _ Joint Tenants Tenants m Common —Other—
on me note form as Inacatel —(UCCC-No Default Rat ff NTD 82395 (
Rate)NM-81-11-83 _Other .. secured by a
far. 2nd. ettal need of trust en w m_cumbenre Property. using me form as uwn:ateo: _ Strict Due-Due ITD 7
—Creditvvormynl 737-961 _Assumable-Not Due On Sale ITD 74-7-96) — Other
Buyer _ She% _ Shall Not execute aria Oilat Closing, a Security Agreement aria UCGi Financing St
granting the molder or the predrill note a ;1st. 2nd. etc 1 lien on the personal
�ciueed in INS sale. ^e eromissory note snail be amortlzeo on me oasis or _ years months. pa
S _ --er ^.civaing Crar l aria interest at the rate or "e der annum. P�
;nali commence ___ acid snail be cue on tie .av or salon succeealm Thai
ime baiance of ofinccal aria accrued wierest.snaii be due am davai _ after
°avmeri Shall — Shall Not be mcreaseddy . of estimated annual rear estate taxes. am _Shall _Si
ce Increased by of estimated annuai prgpeRy insurance premium. The loan snail also contain the follaMng t
any payment is not received vmhm catemar�ays after its due date. a •ate charge of _ % Of such
shall be due. Interest on ember aisbursMfents under the-el l of trust snail Oe _% per annum. Default interest r
be __% per annum. Buyer may prepay without a penalty except
Buyer Shall _Stull Not provide a mortgagee's tatie'Ifieurance policy, at Buyers expense.
e. Cash at Closlnd All amounts paid by Buyer at Clos including Cash at Closing, pus Buyer's CtCSIf
shall be In funds Winch comply With all applicable Colorado lave, vrhich in a dash, electronic transfer furl celbfie
savengs and loan teller's Check and Cashel Check IGood Fume) \
5. FINANCING CONDITIONS AND OBLIGATIONS.
a. Lwn ADpliptlon- lumetteed as inapplicable.I
b. Lwn Commitment- (Ommed as inapplrcade.)
rt
C. Credit Information. it Buyer is to my ail or pa of the Purchase Price by execmrng a promissory Prod
of Seller or if an existing loan is not to pe released at Closing, iris contracts conditional upoQSeller's approval o'
=M V financial aci am credl(NOrtrllnns. YviiCb approval Shall be at Sellers Sole am dbsOlut!d5cretl in such Cass:
shall suppy to Seiler by Buyer's Credit Information Deadline i§2c1. at Buyer's expense. mf red and do
concerning Buyers financial. emoroymem and credit condition: (2)Buyer consents that Seller may verity SuOt(t fimm
to z am CredrtV•omill zinc Woim obtaining a current credit reran[ (3)any such information am dxumems received-W S.
wool =) ce held by Seller in confidence. am nit released to others except to ormect Seller's interest in this trameacOorl�l4
=H V con nit orwae Wrinen nonce of Seller's oieapprON1N to Buyer oy Disaporovai of Buyer Credit Deadline (§2C). tr
Kdlyn this common. if Seller don Orome vrtmen pr Wal
notice of ClsaPl to buyer on or before said date. this corm
now cc Z :erminate.
d. Existing Loan Review. �Cmmed as inapplicable l
101— B. APPRAISAL PROVISIONS.
wow CE R a. Appratsal Condition. This subsection a. X Shall - Shall Not aoory
wow Z Buyer snail have the soie option and electron to terminate That contract it trie Purcnase Price exceeds me F
N B valuation determined by an appraiser engaged by _ S,11ez —___ -he contract small terminate
=0 to •rang Seiier vmnen nonce of termination and either a ccov or such appraisal or maten notice 4om renter Wnren Con
"O O Procertys valuation is less than the Purchase Price. received on or before the Appraisal Deadline i§2c I. if SHIer
=a Z ecenee such Yeeten notice or termination on or before time Appraisai Deadline i§2o1. Buyer waives any right to terrain
this subsection.
=�B b- Cost of Appraisal. Cost of any appraisal to be obtained after the Cate of tins contract shall be❑r
p�0 by _ Buyer X Seller.
IS,O 7. EVIDENCE OF TITLE
aww . O a. Evidence of Title: Survey. Cn or before Title Deadline i§2c1. Seiler shall cause to be furnished
soon
B at Seder's expense, a current commitment for ovwiers tale insurance oa amount touter in an amou tauter to the Purchase Price
pox is checked. - An Abstract of tale certified to a current Cate. if a tale insurance commitment is furnished. a
0120-5 N 0 Shall Not comma to delete or insure over the standard
gang to a exceptions Welch relate to'.
�N ce. Itl Partin in bossession.
===P (2)unrecorded easemnt es,
m C4 (3)survey masers.
WOO to (4)any unrecorded mecnal leers.
(5)gap period affective date of commitment to date dead is redow 1, am
m g (6)implied taxi assessments am unredeemed tax sari prior to the year of Closing _
N f` Any additional premium expense to obtain this additional coverage snail be pero by X Buyer _Seller. F
��~ of to exceed b a/a for the cost of any improvement location certificate or survey shall to
X Buyer _Seller. if the cost exceeds this amount. s/a shall pay the excess on Or before Cic
morovement location certificate or survey snail be received by Buyer on or before Survey Deadline (§2c). Seller si
the title insurance polcy to be derverea to Buyer as soon as practicable an of after Closem.
:BS 3.9-99 Contract 7o Buy Am SNI R"Esiata I VawM tal Farm-Raricn-Sauer Firrnct(g)
-,e m sL0 Y fV=Loimgmr l .r sa.31@r Sawmill Srae eYla
-aoies or Exceoons. - - --,ere Title Deadline i,'c, =".•er a. --'.le•s excense =_ran rurni to E
:coy of 37V olal --c'3raa0ns _-tenants __-onions a-a 'esi,,c:'crs c-(amino ire P'ecenV arc i2):f a➢tie Insul
Jnmrment s - ,.'Irea r_ -snea - _ cox - - ecre^ , Ccoles or env Other C'owments nor _
-_-mares o: s...n zcc-.—er6 �:ed i- c]C.e =-c_:Crs -,,-fictions _ _.. -= ccx s -.J. C-oCKed- _eier
"- -vs, �cndatioh s -isr --se amenis - sua a c :.caCucr --jested c -_ver anv rme on cr reror
ocument Request Deadline -__. - -__',re lit _, _-_ Iry r. . ^rc r s zs c.n ire cn¢e
. - _rK c-... e r__r- ce r--. T-en _enter v n any -cc'as -r T•.rrares or sac-,occur
snea ursuant'.c:-s to !! :c situie i-_,,..e aocumer•s .-:.e'_-,'menu'.
-'TLE.
3. -Itle Review. -._ver snail -ave Ire r _ -soffit -:e --Cumenis ..den ratiCe cv BUy
_-meren3riaollav o: C:le or L- "'_ry ctrer ur.saaiistac:crV title^[-ngition sncwn c'I I-e 7!e CCCuments snarl dB signed bV
-malt if Euver and over to Serer on or cerore Title Objection Deadline i12c:. cr'.wmn live'= Caenc-'aays after rece
_Over or anv -re ;z:-menT,s, C: dneorsementis 3aamg re,^.-cennonisi to:re Ctle Commitment tcget: ar'win a ccoy
-['e Document acc,na rew rscerancrisi to t:[ie _filler aces rct receive tiuvers notice cV :-e Till Saaarled above.
.-zects ire condition c::tle as alsciosee ovL-e I TIe CCcumenls as satisractcry
D. 'Batters not Shown by the Public Records. _-iler snau delver to Euver cr or cefore off-Record M:
Deadline id2c:tr:e codes c: all easeisi ara s-rveviss in xllers cossessior oertammg:o ire Pmoeny and snau CISCii
B Over ail easements lens or o'rer title matters rot mown cy t^e Duollc records Or fnicti Seller has SCIUai knoMedge.
all nave the rlcnt to :rseect :-e Procertv to _e:ermde it any ihug oanVuesi has any rent m :re =,acertv not mown
JJDIIc ren_Oles such as an unrecorded easement unrecorded lease or counaary lne ascrecarcvl Nraten nonce
..rsatistactoy, conaifionis i c:s Closed oy Seller or revealed lay such Ins DecllOn snail W signed ov or on cenalf of Buyer am
:o Seller on or cefore Off-Record Matters Objection Deadline t§2cs. f Seller aces not receive Buyers nonce cry sal
Buyer acceps title sUDieCt to soon rights if any Or third carries of wnicn Buyer has actual Knowledge.
C. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIG,
INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROF
WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASE[
LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES
RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUE
INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHO
GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS. EXISTING MILL LEVIES OF SUCH DISTRICT SERE
SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
in the event the Problem is located within a saeClai taxing district and Buyer desires to terminate this contra,
'esun. d'Mrten notice m received by Seiler on or cefore Off-Record Matters Objection Deadline i§2c), this contract sit
lermmate. If Seller noes rot receive Buyers notice ov such date, Buyer accepts the effect of the Proceny's incllsti I
soeciai[axing eisnictisi ana waives me^ent to so terminate.
J. Right to Cure, ' Seiler receives nonce or armercriarr luty ^;tine or any otner unsatisfactory title cord
:r commitment terms as croviaec .n o3 3 cr - above. --slier snail use reasonable snort to correct said items and ce
^ominai excense to correct ire same Orior to Cleeinq. If such Unsatisfactory title contortionist are not corrected on or
:losing, :ris contract snail teen terminate: crovideo. nowever. Suver may. cv 'Miner, notice received by Seller, on or
C;osi g,waive collection to such items.
e. Title Advisory. -he Tilts Documents affect the title. owhersmo ant use of the Procerty and should be re
carefully. Adorn ona iy other miners not rejected in me Title Cocumens may affect the litre. ovmersnip and use of the Pi
Including wthou[ imitation boundary lines and encroacnmems, area, zoning, unrecorded easements and claim of east
leases and other unrecorded agreements. and various lawn ant governmemai regulations concerning land use, devetopm
environmental matters. The surface estate may be ovhe0 sedsr l ly from the underlying mineral estate. and transfer
p surface estate does not necessarily Include transfer of the mineral rights. Third parties may nod interests in oil, gas
=M U Minerals, geothermal energy or Water on or under the Probity, w'rch Interests may give them rights to enter and u
JY Procertv. Such matters may be excluded from the title insurance concv. Buyer Is advised to timely consult legal counx
nti F -escect to all such matters as mere are strict time limns Provided in this convict(e.g, Title Objection Deadline(§"
N z Off-Record Matters Objection Deadline(§2cl).
W p 9. LEAD BASED PAINT. Unless exemot. if the Imorovements on the Proceny Include one or more residential dw
..a U for which a ouadind permin Was issued onor to .:anuary 1 '.978 this contract small be vod umess a competed Lead-Bast
—� :Iscrosure ISales)form Is sianea by Seiler and the reouired real estate licensees), eirion most occur Prior to me panles
Paz
p Y tnis contract.
U r 10. PROPERTY DISCLOSURE AND INSPECTION. Cn or cefore Seller's Property OiSCI0Sure Deadline 1§2c',
agrees to oroviae Buyer win a'witen disclosure of adverse matters regarding the Procertv competed by Seiler to the
=Q a Sellers current actual knowledge.
—i=y a. Inspection Objection Deadline. Buyer snail have the rant to nave inscecucntsI of the Drivsical COndltic
00 -*petty and inclusions. a. Euvefs excense -a onvsical condition or the r ,ccenv cr rc:usions Is UnSimstactofy, in
—Im - 3'urtiective discretion. Buyer snail on or before Insmiunon Objeczlon Deadline ig2C
=0 (1) -cnry Seller in w-cm that:his contract'.s terminated or
flllllllllle CE z (2) -rcvioe Seller`Min a 'Mitten destination at any unsatisractory pnysicai comition wnicn Buyer
�I no Seller to correct'Notice to Corrects.
.. O ',f written notice is not received by Seller on or cefore Inspection Objection Deadline i§2cl. me physical con
he Proceny and inclusions snail be deemed to ce saustac ory to Buyer
so b. Resolution Deadline. If a Notice t0 Correct Is received ov Seller and if Buyer and Seiler have me ac
= C Mllirq to a settlement rmereot on or oetore Resolution Deadline i§2Ci. :n,s contract srau terminate one calendar day t
=0 :.re Resolution Deadline. uniess cefore such termination Seiler receives Buyers Witten wttndrawai of the Notice to Corr
N to C. Damage' Liens' Indemnity. Buyer is rescensiole for caVment tot all ins Dections. surveys ergmeermild
r for any other w9rK oertormeo at Buyer s redue l and snail Day for any cameos,whicn occurs to the Proceny and Incllx
—� a result of such activities Buyer snail not permit claims Or lens of any King aaams[ the ProcefIV for inspections.
N K engineering reports and for any other world performed on ine Property at Buyers reauesl. Buyer agrees to indemnity,
S; and hold Seller harmless from and against any oacilil damage. cost or excense incurred Dv Seller in connection weth a
ellei�B N nsideclion, claim, or lien. r'1Is Indemnity includes Sellers right to recover all costs and exeenses incurred by Seller to
m 'his subsection, inciuoirg Seller's reasonable attorney fees. The provisions at :his subsection snail survive the termlr
do o :his contract.
to it. CLOSING. Delivery or deedel from Seller to Buyer snail be at Closma ICiosing) (:'osm t snail be on the date s
to ti as the Closing Date 1§2c) or by mutual agreement at an earner Bate mie hour and wade or Closing shall be as deslgl
B
12. TRANSFER OF TITLE Subject to tender or payment at Closing as regwreg Herein am cgmbjiance by Buyer
Other terms and brovlsiors nereof. Seller snail execute and deliver a good and sufficient
:o Buyer, at Casing, conveying the Proceny tree and clear of all taxes exceot the general[axes for the year of Closing.
as Provided herein. title snail be conveyed free and clear of all liens, including any governmental liens for special impro
Installed as of the date of Buyer s signature hereon, yvnetner assessea or not. -ale snail be conveved subject to'.
a. those soepf c Excitations described by reference to recorded documents as reheated in the Title Do
acceated by Buvw in accordance Vain§8a(Title Revel
b. distribution utility easements.
C. :hose soecitloaily described rights of third carries not Shown DV me Dubilc records of'M1ieh Buyer m
]BB 3- 9w Contras To Buv And Sell Real EstateNal!arid-Feint-Ranch-sailer Financing,
sins> Feraomhug r eelai0v a.Rrxaa �
,:? .� o l s rrt °`.c An cv"e ^nc l<ecoras 1. emir
-merwe ahoy cn v;er a_. _ _- _ -r 11'.a.. �w
a,, _ei !=<m _. c:
any. .
AY tNT,CF F ICU_QBRANCES._ re r :-'c ° +"'-'a seal ce ca�o a cr cefore -.cslnq If'
-asses oft ,transact Oil 0I a v er s-ur a _d _,,,o, shall pay -uold Funds. ^.eir res
+ LOSING COSTS DOCU BENTS_AND. SERVICES. - I -.
Islna c^sis and an pin r f ins =^. rm e pa i f ^sill a f.I rtr rwse orovioea n. _.n cover and Seller an
n complete ail customary reasonabfv r. Prot 'nenf5 at or
_le - Slna F.e6 Mr r_al estate C:osing SWVICes s
,�d at Closing cy X Oneatalf by Buyer and One-Ralf by Seller 3uyer Seller Other
—'-- =f I,,f v.r^ass - mall be cola at Closing py Buyer Seller. A.r
'he local transfer lax mV A --
usetax that may acme^Pais ll ❑:Is n'III nn snarl b-nn a when hue Pv Buyer Seller.
PROR_AHONS. ^^'-.^nn shall br III In Closma Gate. ^� sot ac rnnenmse b ovlded.
o. Taxes. ^'lanai croreny laze,. f en,. a'f0 aenefal real estate taxes for fhe year of QPsird, C'
The Taxes for the Calendar year Immediately Preceding Closing - The Most Recent MITI Levy al Most
'asessment Other
b. Rents Actually Received Accrued-
. Security deposits held by SeilerRents, �'en(s cases ep
ume such lessee
'salted to Buyer +Ilex snail asslon au leases to EuVer and Buyer snail ass .
C. Other Flotations. "ater, sewer charges, and interest on continuing wants), if any: and
d, Final Settlement. Unless Otherwise agreed in'Mllinq,these Torcrati l0 snail be final.
16. POSSESSION. Possession of the Procrly small ire aenvere!to Buyer on Possession Data and Possessic
52c), suolecl to the Iollowma teasels)or lenancv,I none
If Seller. after Closing, falls to deliver possession as specified. Seiler shall be sublect to ewcuth and
=ndllionally liable to Buyer for payment of$ _S000il____ per day from the Possession Date I§2c)urrid pa
a delivered.
17. NOT ASSIGNABLE: ais contract snarl not be assignable by Buyer without Seller's awl mitten cornets. Exec
'eslrlcted, this contract shall inure to the benefit of and be bming upon the melts. personal representatives, succor
,ssigns of the parses.
is. CONDITION OF AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in t
he Properly, mcwslons or coin s n
nail Is In the conabon exlstmd as of the date of this contract.ordinary wear
��cetxea.
a. Casualty Insurance, in The evern The prnrenv cr incdsiore snail be damaged by fire or other ca5t2R
'losing, in an amount or not more roan ten percent of the total Purchase Price, Seller snail be optigaled to repair the son
Me Closing Date §2c1 'n the event such damage is net repaired'minim said time or d the camapes exceed such'
-anlract may be terminated at the colon of Buyer by delivering to Seller mitten notice of termination. Should Buyer Net
'ut this contract despite such damage. Buyer shall be entitled to a credit, at Closing, for all the insurance proceeds
'Tom such damage to the Property and Inclusions payable to Seller but not the owners'association. it any, plus the amot
leductible provided for in such Insurance policy, such credit not to exceed the total Purchase Price.
It. Damage Inclusions Services. Should any Inclu5ionls)or service(s)(including systems and comp
the Property, a q. healing. plumbing, etc l fail or be damaged between the dale of this contract and Closing a pc
=«U .Imvnichever shall be earner. then Seller shall be liable for the repair or replacement of such inciuslonls)or services)wsl
- tar size. ads and quality. cr an eaurvalent credit. but only to the extent that the maintenance a tepim mm
_�H 'ncluslonls), serviceisl or fixturelsi is not the responsibility of the owners association. it any, less any irtsuranee
=y 7 received by Buyer covering such repair or replacement The risk of loss for any damage to growing Crops, by e
casualty. shall be ovine by the party entitled to the growing crops. if any, as provided in§3 and such party shall be
sa'sasTyre U
ouch insurance proceeds or benefits for the crowing crops. if any.
=" C. Walk-Througm Verification of Condition. Buyer. upon reasonable notice. shall have the right Lowe
G eZi 'he Property Cnor to Closing to v dv that In.movSlcal condition of the Properly and Induswns complies vein this coMr
I9. RECOMMENDATION OF LEGAL AND TAX COUNSEL By s,Irlmq this document. Buyer and Seller acknw
Y The Sellim Company or the Using Company has advised Thal-this document has important legal adnsepUMCC
U H
Z ea 'ecommerded the exammahnn of title Ord consultation wnill fecal and tax or other counsel before starting this condad.
assissi cE 6. 20. TIME OF ESSENCE AND REMEDIES. Time Is of the essence hereof If any note or check received as Earn
=H m ^.ereunoer or any other payment hue nereurwer Is not geld, honored or tendered'.wren sue. cr II any other obligation h�
_O B of performed or'waived as herein brovil there snail be the following remedies.
pm a. If Buyer is in Default:
CE Z J Ill Specific Performence. Seller may elect to treat tine contract ns canceled, m which case ai
CE arse thirds of value received hereunder small pe forfeited and retained on mar of Seller, and Seller may recover silo
assists f9 as may Me erorer. cr Seller may elect to treat this contract as ceinq in lull force and effect and Seller snail have
r♦ B specific performance or damagl or both.
a) X (2) Liquidated Damages. All payments and thirds of value received hereunder shall be forrede
ant retained on benalf of Seller arse both parties small thereafter Of,releass,from all obligations mereundel. it Is agree
mnmnn,�G payments and things of value are UOUIDATED DAMAGES and 'except as Provided in subsection of are SELLERS
]NLY REMEDY for Buyer s tenure to perform the oblipalions of hits contract Seller ex pr essry waives dies live reme
N O performance and additional damages
b. If Seller Is in Default: Buyer ay elect to treat this contract as canceled, in wh
B m
ich case all pay
assails N things t value react as wing
in f 11shallfor a and
effect
and Buyer may recover he right
ht to spit es may ire ance4 Or Buys
r to treat this contract as peinq In full force and ellecl and Buyer shall have the ngnt to scecdic cerformarde h lama[
=p G. Coats and Expedfes. n the event of any afoitralfon or litigation reform to this CPMrabl, tassail he afbilr:
N shall award to the oevallirg party all reasonable costs and expenses. Including attorney is-S.
=01 W 21. MEDIATION. If a dispute apses relating to this contract. prior to or after Closlrg, ana is not resolved. the
=00 O first proceed In goad fahh to submit the matter to mediation. Mediatlon Ts a process in which the parties meet with
s!• Cy person vAio helps to resolve the dispute informally arse confidentially Mediators cannot impose binding aecistorl
P
et i, the dispute must agree before any settlement is binding. The oarties veil jointly appoint an acceptable mediator ar
nodally in the cost of such insulation The mediation. unless otherwise agreed, shall terminate in the event the eoti
not resolved 30 calendar days from the date mitten notice requesting mediation is sent by one party to the othens).
shall not alter any dale in Ihn contract, unless olheryase agreed
ES .
22. EARNT MONEY DISPUTE. Notwithstanding any termination of this contract. Buyer and Seller agree
event of any controversy re wow the Earnest Money and things of value meld by broker or Closing Company Or
'mitten instructions are received by the holder of the Earnest Money and things of valuer, broker or Closing Company
required to lake any action but may await any proceeding, or at broker s or Closing Company cation and sole dis
interplead all parties anddeposn any moneys or things of value into a court of competent jurisdiction and shall recove
and reasonable attorney fees.
23• TERMINATION. In the event this contract is terminated, all Payments and things of value received hereui
letufned and the parties shall be relieved of all obligations hereunder,sugeCl to§§ilk.21 and 22.
':05 3-9-99 Contract to Buy AM Sell Real Estate Nawnt Lana-Farm-namn-Seller hherix imn
in,smYe n Rusnadinsw a.wrr mf,&&l n zwer Mesa `•ire saw
A. -DDITIONAL PROVISIONS. t?he language or these aaamoreat oroyisions has not been approved t
:oioraao Real Estate Commraslod.i
w_z_ioa_?t+v_wt aaa.Buy.z'aaca rave_mreuss;an [zos_
-eilaz_o a oo_c_� 2copa.rcy,_�ezzosa sBu ana sate_ wsc_9 aped ._c.unrag_m eavaio»oca_
'lsazveus vaaca—ss�ae�nc ..,.', ac 5uwec caa.aae __-- -
-he ea tmaiec vow•/ soak __a 9laeea _an _.ceze�c Ga±tlnc account -mot _.o ueo�s t oz HUYet
& Ykt ^OMY _allei. iatesc_ co vise or ail ..t s_vto�waa an !3Ut _31 ex 31V Z
gta co w coozate, is yZ'2roc ss we ai o added etmeose c Wiz.
ee
�V57 i =nA W+1ded an -o10zs90 __ceases -iR4W1 estate ozokez.
25. =MIRE AGREEMENT' SUBSEOUENT MODIFICATION• SURVIVAL. --s contract ccnstrtutes the entire c
-etween the mriles r&wlrlq to the sunned nereor and any orcr agreemems ce.^.ainim:nere[o. :seiner oral or vvrmere. net
-,erge0 and Integrated into thus contract do suoseauem mxdlcatlM or any or me terms Or thls contract snail oe valid._pon me parties, or enrorceacee uruess made In writing ana sighed cv the p,Qlas. �v oolgauon in this contract vrtion
".erms. Is intended to ce performed arise termination or C osing snail survive the same.
28. FACSIMILE Signatures $May May Not pe a oeyrcea rn facsimile. iocuments win original signatures:
-foywea to me inner party at Closing, or"time upon recusst or any party.
27. NOTICE _axpt for me mice reduesurg meaiauon pescnped In § am ntxice to Buyer snail be effects
'eceiveet ov Buyer or ov Selllrg Company am any notice to Seller shall pe eriective coded recelvem by Seller or Listing Cc
25. uOTlrc OF ACCEPTANCE,* COUNTERPARTS. ^+s proposal small expire unless accepted In writing, by Bu
Seller. as evidenced ov their signature celpey am the offerim party receives notice of acceptance pursuant to §2
oefore Acceptance Deadline Date and Acceptance Deadline Time i§2c1. l accepted. this dooumem shall bill
come=Cetween Seller aria Buyer. A copy of this o0current may ce execu:ea cy each carry separately and witere sat
-as ettecuted a Copy thereof Such copes taKM together shall be deemed to pe a full am complete contract between the
9uyen Pitkla Co. eoazd of Co zsa9 z Buy"
Date of Buyers Signature: . Date of Buyers Signature
Buyers Aadress Buyers Teiephone No: 970 920-5190
Buyers Fax No:
[NOTE:If this offer is cemg countered or rejected.do rot sign this document. Refer to 4291
_pitch 'atlllam A. ',lathed Seller =:.nda a. Waldaa
:ate of Sellers Signature: Cate of Sellers Signature'.
Seller's Address. 15077 t9ya Sellers Telephone No. 970 52e-9311
Co 81617 Seller's Fax No: 97p H2a-Ball >•t� f�.-
29• COUNTER,REJECTION This offer Is -Countered -Rejected.
Initials only of party(Buyer or Seller]who countered or rejected offer
END OF CONTRACT
Note:Closing Instructions should be signed on or before Title Deadline.
=H F BROKER ACKNOWLEDGMENTS The undersigned Broxerisl acKrtoyvieclges recent of of the Earnest Money dope"Space.
N Z am.while not a party to the contract, agrees to cooperate upon reducer with any mediation conducted tale§21.
soiling Company Brokerage Relationship le Selling Company and Its licensees have been engage
e�•a V transaction all Buyer Agent -Seller AgenVSubagent Dual Agent . Transaction-Broker.
G Llstind mpanv Brokerage Relationship. -.�,e Lieprg Company am Its licensees have been engage
__ y 'ransac ion as _ Seller Agent _ Dual Agent ?ransactlon-BroKer.
-VF
� N
Cc d BROKERS'COMPENSATION DISCLOSURE
—tM O Selling C=canvs comoami oc commission is to ce caw ov Buyer Seller Listing Company
�0to
BOO
ccz
=t -o Ilea competed by -sting CompanyI Listing Company s compensation or --mmisslon Is to pe paid ov _ Buyer
o
••m .Other.to tP
—to Selling Company _ __ __ ._ .Name or Company
�Nto
By _
assasi N Signature --ate
f- Selling Company Address- _ Selling Company Telephone No.
�m islass, er No,Selling Company Fax N
pm0 O
InN .,sting Company _ ,Name of Company)\
By. \
Signature Date
Listing Company Address'. .— ILsillw Company Telephone No:
Listing Company Fax No _
;55 3-9.99 Contract to Buy ana safe R9e Eetata i V scare uito-FerinRancn-Seller Flranprgi
'a ON wear Or fgwumdmew re✓ ®ai® avReere _� 5Ye essY
% , ' 0
a - -
`NALJE�i NORT_�,4�STERL:' P 4.RC=—
A parcel of land being the Northwesteriv l = of'-,;I _SE',4 of Secton c. -ow Stop 8
South, Range 83 West of the 6th Principai `tendian, �,:ounry of P:tLm =tale of Colorado,
more particularly described as:
A parcel of land that lies northwesteriv of a line berween the S'.ti' comer of:he
N1.1SEli4 and the EL-4 corner of Section 36. Township 8 South, Range 83 West of the
6th Principal Mendian. County of Piticin- State of Colorado.
IIIIII IIIII IIIIII I111' IIIIII IIIIIII IIIII III IIIIIII II IN
453893 07/26/2001 09: 15R ORDINRNC DRVIS SILVI
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; VAL=EN SOU:EAST=R-L"'F: RCE—
-� parcei of land being the Southeasterly 1 = of N1,2SE? 4 of Secnon :6. Township S
South, Range g3 West of the ^th Pmncipai titendian. Counry of Pitkin. State of Colorado.
tore pamculariy described as:
A parcel of land that lies southeasteriv of a line between the S W corner of'he N i,:SE 1.4
and the E L4 comer of Section 36. Township 8 South. Ranee 83 West of the 6th Pnncipai
Meridian, County of Pitkin. State of Colorado.
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!1111111111111111111111 $111111111111111111111SILYI
11111
0.00 N 0.438629 00 PITKIN COUNTY LC
SPECIAL WARRANTY DEED
WILLIAM =-WALDEN an- LINDA B. WALDEN. urantors. for -ood and valuable
cnsicerancn. 'n nano -aid. ' areov seil ana �cnvey ^ WILLIAM n• 'NALDEN and
LINDA B. WALDEN. Srantees. as joints tenants. :mose address is P.C. Box 833.
avpsum. CO 81637 -,-e foitowing �rroerzv In :he C unty of F1'.kin and State or
oioraao. tc wit:
A parcel of land being the Nonhwesteny 1 = of N h2SE1;a of Section 36.
Township 8 South. Rance 83 ,Nest of 'he 6!h Princicai Meridian. ^ore
particularly described as:
i
A parcel of land that lies northwesterly of aline between the SW corner of
the N1/2SE1/4 and the E1,-' comer cf Section 36. 7ownship 8 South. Range
23 West of the 6th Princiow Meriman. C-cunty of Pitkin. State of Colorado:
:Jith ail its appurtenances. ana .varrant tn.e ti:ie to me same against aii persons c;aiming
under the Grantors.
NO DOCUMENTARY FEE RECUIRE�—: Transier�cr es,ate pianninc purposes with consiaeration less than
S500.00.
SIGNED this _ = day of '< 'Coo
Viiiiam P. ',Vaiden
` 7
z
0 NZ
mac C:naa B. '.^Jaicen
�HU
Y STATE OF OOLORAD0
iiiiiiiiiiiimaa ss.
�o BOUNTY OF
ttiitti�c a
Paz The foregoing instrument .vas acknowledged before me this day of
�..Ino ' ��ii�6 1c_ 1999. by WILLIAM R. WALDEN and LINDA B. t,VALDEN.
�mm
Imo WITNES hand and official seal.
�Nm A
Pwr Pu
INSt res: u b
�M`� ' Ellri eer �1Llut� L{�Lj
_ �- Notary Public)
v a >�rfOF C0�0!!
My Commission bmices�
I After tenmiing mum to:Schenk.hcnt&dewinter
�� .W-Mitt St..Ste.310.Gln ,m Sprtnp.CO B I tt01
1 111111111111111111111111111111111111111111111111111�I N
a.00 0 0.00 N 0.00 PITKIN COUNTY CC
SPECIAL 'NARRANTY _^ZED
WILLIAM =-• WALDEN and LINDA B. WALDEN. Grantors. fer ccoc anc '.a:uaoie �
:-_nsioeration. c hand card. herecv sell and cnvev to WILLIAM = WALCEN ana
LINDA B. WALDEN. =.rantees. as icints :=_nants. ,.'hose acaress is P 0. pox 833.
1 gypsum. CC 816- . '-e fcllowina -aai crceemJ !r the County of Pitkin ana Mate
Coloraao, to wit:
A parcel cf and being the Southeasterly ' 2 ar N' '2SE!, of Section
� Townsnio 8 South. Range 83 `Nest If the 6th Principai Meridian. more
particularly cescribed as:
A parcel of land that lies southeasterly cf a line between the SW caner of
the N1/21SE 1/4 and the EL'a caner cr Section �6. Township 8 Scum, Rance
°3 West cf the 6th P^neat %lerician. —::unry cf P!tkin. State of C:.Icracc:
n• • e 'h InSt all persons C:aimin^
•v r Title ,0 ,e same a a y nJith all its appurtenances. ana . ar a. he 9
under the Grantors.
NO DOCUMENTARY FcE REQUIRED: Transfer for estate planning purposes with consideration less than
=�05500.00.
�-j ^�
nz SIGNED this day of
ENO
�r z
ACM
y
m Villiam P, Waicen
�6i m _inaa S. 1,11alden
=mm
_� II
olNm STATE OF COLORADC
ss.
�n COUNTY OF I _
-MN The foregoing instrument ;vas acknowledged before me this -� Jav ci
�0M /;
'�Cinbe i� 1999. by WILLIAM R. WALDEN and LINDA B. IJALDEN.
WIT no and official seal.
o�Ppr• P, 9��c
Crtt miss iohe -res: IL4 C '--�
Jenny (
�'r i p� Notary Pubiil — S
'rEOF CO��!!
My Commission Ezoires�
A6a nxonfing n:wm 10 Schmi"Kart&de Win¢r
APPROVED BY BOCC CONTRACT
ON
CONSENT TO ENTRY OF RULE AND
ORDER AND POSSESSION AND USE AGREEMENT
THIS AGREEMENT is made this_�_day of A1(1;1t,/— , 2000, by and between the Board of
County Commissioners of Pitkin County, Colorado ("County") and the City of Aspen, Colorado
("City") for the purpose of consenting to the entry of a Rule and Order in the condemnation action
to be initiated by the County ; and for the purpose of granting the County an irrevocable right to
possession and use of certain real properly described on Exhibit "A" (the "Property") in
connection with grants from the Federal Aviation Administration (the "FAA") for acquisition of
property for the Aspen /Pitkin County Airport's object free area and runway protection zone.
1. Because the County needs to submit documentation to the FAA for its grant
funding by March 31, 2000, and because both parties recognize the need to obtain FAA grant
funds for this acquisition, the parties are willing to agree on a maximum acquisition price for the
Property in advance of completion of appraisals to allow the County to submit its grant request.
2. The City is aware of the provisions of C.R.S. §38-1-121, which provides that
where the estimated value of property to be acquired exceeds $5,000.00, the property owner shall
be afforded the opportunity to obtain an independent appraisal, with the acquiring governmental
agency paying the reasonable cost of said appraisal. Preliminary estimates indicate that the value
of the Property will be in excess of$5,000.00. However, the City waives its right to an
independent appraisal, and instead is participating with the County to agree upon appraisal
assumptions to be submitted by the review appraisers, The Aspen Appraisal Group, Ltd., to be
transmitted to the two property appraisers who will be making appraisals of the property. The
City understands that the two appraisals will be submitted to the review appraiser, who will select
one as the fair market value of the property.
3. In addition, the City acknowledges that good faith negotiations have occurred and
the City agrees to accept as full compensation for the Property the fair market value determined
by the review appraiser, or$550,000.00, whichever is less.
4. The City represents that title to the Property is free and clear of all liens and
encumbrances.
5. After execution of this Agreement, the County shall commence proceedings in
eminent domain, and the valuation date for determining the amount of just compensation shall be
February 1, 2000.
6. After receipt of the determination of fair market value by the review appraiser, the
County shall pay the City the fair market value for the property, or$550,000.00, whichever is
less, and the City shall grant to the County, as of receipt of payment, the irrevocable right to
possession and use of the Property.
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7. This Agreement shall be binding upon the parties upon signature by the authorized
representative of the City and County.
8. The parties also agree that upon payment to the City as detailed above, this
Agreement may be presented by the County to the Court for entry of a Rule and Order.
9. The City agrees that the total sum to be paid by the County as set forth above shall
be in full settlement of all claims against the County for the condemnation of the Property,
including damages to the remainder, interest, costs, and use of temporary easements, if any. The
City hereby agrees to discharge and hold the County harmless against any and all claims, liens,
encumbrances, interest,judgments, and taxes of any kind or nature whatsoever, if any, accrued
against the Property prior to the date of entry of a Rule and Order.
BOARD OF COUNTY COMMISSIONERS, CITY OF ASPEN, COLORADO
PITKIN COUNTY, COLORADO
By. Bye
She ie Roy Harper, air 3- - ;00 0 Racl 1 E. Richards, May r
TT ST: • n,p� ATTEST:
Je ette Jones, Dep County Clerk Kathryn Koch, ity Clerk
-<6-_---) 00 0
cdIw.iw\vickiv\debbie\ai,pon\condenuialiun\possuseagree.doc
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456918 07/26/2001 12:56P CONSENT DAVIS SILVI
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2
---- Drexel B arrell&c,-
EXHIBIT A
�pneecilSurnT°�
July 14, 1999
Boaldty
ColoradoSPrh'&% Cityof Aspen
Greeley A legal description of theort Runway
ame Land within the Aire of Section 3 ,
asaoPeut Eau Cicdt Burling pitkin County,
43Sulo114 Protection Zone located in El 2
Bookie ColoradoS0301-2+75 T10S, R85W of the 6th P.M• •
Colorado .
303 442 4339
303 442 a373 Fax o • A
ibed as follows :
T10S, R85W of the
A tract of land located in E1/2 of Section ,
6th P.M. , Pitkin County, Colorado descr
said Section 3 from which the
at the E1/4 Corner of 'fr
hence
Commencing ri ht-or-way of Colorado
*loreheast"worner 0 feed tocthenWesterly NOgo54
S48 OB 51 Lvumber 82 .s described in my and theeTRUE OINT1OF
State Highway
at Page 535 of the records Of Pitkin County
ISGIE3-N�'
The ,ollowing
courses and distances ara along the Northeasterly
line of the tract o£ land as described Colorado;
in Book 107 at Page 321 0 :
the records of Pitkin County
Thence S69o36'12"W, 699.27 feet;
Thence Nlio51157"W, 947.45 feet;
Thence N63932' 00"E, 111.81 feet;
thence s75°33' 00"E, 78 . 92 feet;
Thence WOW 00"E, 44 .38 feet
Thence S54'19' 00"E, 675 .92 feet to the Westerly tight-of-way
line a said Westerly right-of-way of Colorado State F[ighway
e
Number 82;
(S .Pulliny - 56G5-�D - OG9L.��')
111111111111111111111111111111111
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13.02 FRUIT. UR L-:•+- -
l
Legal Description (Continued) July 14, 1999 Page 2
Thence leaving the Northeasterly line of that tract of land as
line of said Colorado State
described in said Book 187 ac Page y l Southeaster y,
feet along the westerly righthe arc
Highway Number 82 and along the arc of a curve feet, a ce the
Northeast, said arc having a radius of r a c1 0 feet, a central
angle of 7°39' 19" and being subtTRVEdPOINT OFvBEGINNI14Gr(i that ears
S15°26' 19"E, 314.01 feet to the
ASea s 10.978 acres
Legal Description PLSp27936By°
Scott A. Pulling,
Drexel Barrell & Company
suite 114
4840 Pearl East Circle,
Boulder, Colorado 80301-2475
(303) 442-4338
I"III 111111111111111111111111111111111111111111111111 IN II'I
456908 07/26/2001 12:56P CONSENT DAVIS SILVI
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(S.Pulling - 5665-5D - 5069L.SP)
RESOLUTION OF THE PITKIN COUNTY PLANNING AND ZONING
COMMISSION GRANTING APPROVAL OF THE HIRSCH SPECIAL REVIEW
FOR MORE THAN 5 BEDROOMS
Resolution No. PZ-2.6:-2001
RECITALS
1. Leon Hirsch(hereafter"Applicant') has applied to the Planning and Zoning
Commission for approval of more than five (5) bedrooms (six additional
bedrooms) for a total of eleven bedrooms.
2. The property is described as Lot 1 of the Gentry Lot Split, within the RS-30
PUD zone district and contains approximately 200 acres.
3. The Planning and Zoning Commission heard this application at a duly noticed
public hearing on April 3, 2001.
4. The Planning and Zoning Commission continued this application until June 5,
2001 at which time additional evidence and testimony were presented with
respect to this application
5. The Planning and Zoning Commission finds that the proposed development
complies with the applicable sections of the Land Use Code.
NOW THEREFORE, BE IT RESOLVED by the Pitkin County Planning and Zoning
Commission that the Hirsch Special Review for more than 5 bedrooms is hereby
approved subject to the following conditions which shall run with the land and be binding
on all successors and interests:
1. A total of 11 parking spaces shall be accommodated on the property.
2. The residence shall be occupied principally by no more than one family.
3. The site plan shall be modified as represented in Attachment A.
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Resolution PZ No.05-2001
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON 3RD
DAY OF MARCH 2O01.
APPROVED AND ADOPTED ON THE 5th DAY OF J/U�NE 2001. /� /e
VESTED RIGHTS NOTICE PUBLISHED ON THE " SAY OF ,
2001. i
ATTEST: PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
Brian Mc ellis, Steve Whipple,
Planner Vice Chair
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
— ,r Aso C
��" �^ Cindy Houben, L
County Attorney Community Development Director
P036-01
264535400001
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456922 07/26/2001 03:58P RESOLUTI DAVIS SILVI
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