The URL can be used to link to this page

Home My WebLink Aboutbocc.con.022.1983 ., . ° �,: ' . . , ryYp �.��r�T�,1' gf� . r i � �#��.!(_.iy�`..7'� `��4D�,"�W�W+ �. '�y� y1-y .��R�f 1_. +�s� a t . � '� -a�� '� t t :.�Y' '��?:.� �p�"n��.. o-.. " �_.ya, �� .h � � 1 Y b �Sb 1F c,+t, � � YA�Nn�� f `< .. . . ' f??i.. "•�ij.�'S i-�.:. :;; �`�� 'y �;;� AGREEMENT � t:; �z C3� 22(83) t4. ' THIS AGREEMENT, made this 28�day of M� , I��`';;�'� 4 1983, by and between GRIZ2LY LADiDSCAPING AND GROUNDSKEEPING, �''1 �' INC., (hereinafter "Grizzly") , and THE B0�1RD OF COUNTY COMMISSIONERS W� � OF PITKIN COUNTY, (hereinafter "Pitkin County") . � !'< �� W I T N E S S E T H � � ' f WHEREAS, the Department of Hiqhways of the 5tate of �`. ; Colorado (hereinafter "Department of Highways") , is the owner -�. � of certain property adjacent to Colorado Highway 82, which _ _ property is presently being utilized as a maintenance facility " and is more particularly described in Exhibit "A", attached � hereto; and t ','# � FIHEREAS, Grizzly is desirous of obtaining said property . ^� _ s,� for the purpase of operating a landscape service and nursery . `i thereon; and �'. � L�7HEREAS, the Department of Highways is 3esirous of `_� transferring said property to Grizzly in accordance with the � agreement by Pitkin County to construct a new facility £or � - ,i the Department of ?iighways, and to convey said land thereunder ,: c to the Department o£ Highways, which land is more particularly described in E�ibit "S'!, attached hereto, all in accordance `�� ;�J with the terms and conditions of Exhibit "C", attached heieto fI _ and incorporated herein by this re£erence. s - NOW THEREFORE, for ten dollars ($10.Q0? , and other good and valuable consideration, the parties agree as follows: " 1. Conveyance of Property. Pitkin Cour�ty shall convey by Special Warranty Deed, that real property described in Exhibit "A", thereon to Grizzly for a total purchase price of two hundred I _. i ��±-n� E � :�;��:;�� . 1 . . �1:>'�r�W�. ' . � ��t i�^ ��. z : ra,4 �t�T��1�S' Htr Y T t�+'a f Cs ,(, - ,+ . y . .. ft t r !�r � �"� fs- f 1 t 1�-�!�t�15'. �'�k 1 i-tZ�ie.11'a',n:. 4�i17�tjl'f; " S.�!" t_ cw� �t✓7�1 r.� � � ��t �i�.i� �iny��€. �c-:, e�j ��x,��q— �.�� 2� 4�.. °'�e;�"i�. ��"�� "�,��`d�d��?`�'"�;sr� °; l`k G r � �� Ka,t:9��'a`Y�+3ih:•fi.i_3� - f ..:ta.'�'..i'_._.aY. �.�93',r�_ d,cr,t.,.,is. �iw �"�•..:Si��*�il�� . '�.�.. .�" �j'.�.< .. ql ;:Y :� ;.a thousand dollars ($200,U00.00) . The amount owing by Grizzly is �y,� i� to be paid in cash or certified funds at closing. -: `•:;+ 'i. {�� 2. Conditions Precedent to Closing. The performance '-`�.. �' :� hereunder by Grizzly is conditioned upon: i.. ff' �'_ (A) The simultaneous closing of that certain agree- Y ' �� ment between Pitl:in County and the Colorado Department of Highways {;, �, :: i for the acquisition oE the property moze particularly described i'' �'' in Exhibit "A", attached hereto. Pitkin County agrees to endeavor 1f" '�: in good faith to close upon the acquisition of the subject property ��"' from the Colorado Department of Highways; and - - ;,. "= (B) Grizzly obtaining all approvals from Pitkin r`+ County and/or the State of Colorado deemed necessary by its i;: li., counsel on or before May 24, 1983, for the operation of a i';: nursery upon the Department of Highways' property and that all i; . �i:" _ ;:ti, approvals are not subject to appeal by any other person or entity, �:., or aze of questionable validity. Pitkin County agrees to use - �. its best e£forts to assist Grizzly in obtaining such approvals. � �� These approvals sha1Z include, but not be limited to, the ;� '!r�� approval of a building permit for the remodeling of the structure 4�; .:::, ��; u on the De artment of Hi hwa s ro ert b Grizzl �� zw; P P g Y P P Y Y Y- P-,?: . f tt': (.C� This Agreement, and the conveyance by the County ��:� ¢?:•';; o£ real property as called for in this Agreement is expressly � ( contingent upon the adoption by the BOCC of PitJcin County of an .�;4,. ';��= Ordinance approvinq this Agreement and the required conveyances �;� L� �LF pursuant to 8.7 of the Pitkin County Home Rule Charter. t �•� K �: In the event of the failure of either condition (A) , - � (B) or (C), this Agreement, at the option of Grizzly, shall �:.�' become null and void and of no effect, and any amounts paid ; ��' �,.,,.. '��: on account hereof shall be immediately returned to Grizzly. p�'-c'. �;: `a �.:. #��,;:. ��,� - 2 r;��; � �� ;:-�.,� �::� i'�`Y ,, . ;:s�ii�;,t ' - . y , ;;� � � P ,,�. ' �.1 a s��'� �u�'7� r��i'y.�4 y`�'Y �.E�fi��"�d{T d'7 i z� y � � `YT { .-'� �.:!. �t�Y��d� . s` g e�.. ��f f� �' � �.�. �w i ' �'+�� w7;t�� K},r a �s . 4 ��y"p.� �C'j'tio ..f 5 �'�'..��` T��:_ d � �a r�} �i f�Y' 1� 'tv a„74 _�'�Y � Y '1�,;.'.s�1�..._.1 i��:�.,�.�..!? .�,�3"�.v�i.t5� � t $+ z- t .,,� r 4 '" -- �.''�"��t��"�tEx.. 'r ��'��'i�ft��tr�.`'�.::'_��L�la��' `.. 5.� . � �!�:. . ,:t� .:''�' . �.''�! i..� 3, Possession. Grizzly shall be entitled to possession r�,:� ,;.-. ;y';� of the nroperty to lie conveyed to it upon closing. Subsequent r,.. � to the date of this Agreement and prior to closing, Pit�cin " i-� � ;�� County will aid Grizzly, its agents and employees in entering tEs'�. � _ � upon the subject property for the purpose of making inspections `"•� thereof and conducting such test and observations as it may �"��i�� 4. e.; `�'_' deem appropriate, including, but not limited to, tests and ` tr, F_ u,T; 1,t�. observations of the soil conditions. k,� :S:- }.� i��:: g_� 4. Title Insurance. Pitkin County agrees that it shaZl i,�, :<`��: cause to be furnished to Grizzly, at its sole expense, a current �<;• ,�,: i=:;; commitment for title insurance ott or before March 28, 1983. •�`` Following the execution of this Agreement, Pit�cin County will — y,,rc �'�L' cause the title insurance policy to be furnished to Grizzly. %,;,?__;� Grizzly shell have five CS) days from the date of delivery o£ ` _� such evidence of title, or after the execution of this Agree- a 'y�'�'% ment, whichever is later, to examine the same and notify Piticin G'i:; '+-�c. County in writing of the title defects, if any, found therein. '%y,� . � ;.� If Pitkin County's title by such examination and notice is found „ ti r 4 to be defective, it shall, within five (5) days from the date � -:� of such written notice, correct and remove such defects,, and b j unless such defects be corrected within said time, or any `�' .M!��.` �4j.� � extension of such time granted by Grizzly, this Agreement shall �' � be null and void at the option of Grizzly, and all parties ��,�r shall be released from all obligations hereunder and any payments r � made pursuant thereto shall be returned £orthwith to Grizzly. �>:-:� Notwithstanding the foregoing, in lieu of correcting such ' ''•�' �'T'r' � defects, Pitkin County may, within thirty (30) days, obtain � yt ��' - a commitment for an owners' title insurahce policy zn the amount fi�'' �r.. �.r� of the purchase price, showing the title to be free from such i�'. t,��,',^,.�-3 defects, and Pitkin County shall pay the full premium for such '�`�° title insurance policy. �� , s ��'. 5. Apportionment. General taxes for 1983, £or the � ` ' property Shall be apportioned to the dates of delivery of the �r;,;': � � r ; �` - 3 - ��` _ .. . t �:� ��, , �,� � .. i'�� '�'r.4��: i � . `. � ��. . " f�+p� S ,,j .. S�� .��; ., S t4h,�.#�y ��l�9i1 sd�� 'v� �YF�' � `� -��'� ��+�Y�l�.;1 ` :. �;Pe�r�E�,' > `�` '"} , l�+ t.� ��i�.l�""�a'�L' .t;�} T �3�. r,yz.,� ,�ry �'� q[,:�'t�ry.,��jK�. .� W1'` j rii..�,,'i�+f�'��YJ AY i 1 P K c1 + .J��'.��,�1$t7�4'Gi�{.. � '�� .L'�.'t��r...w�J�dit1�"'""'. k�:s�t ..��i.,in��k ��.Y•.�� .,�� -.� �'S�; ., ( ,� �,:,i# deeds, based upon the most recent levy and most recent assess- 3�,.,� ;s`�; ments. Personal property taxes, prepaid rents, water rents, ;t:,:.. .?�;� sewer rents, F.H.A, mortgage insurance premi.ums, interest on �' ;�::=� �;�,.., ��,:, encumbrances, if any, shall be apportioned to the date of delivery y;+- of the deed with respect to the property. Any encumbrances ��;. �^T� may be paid at closinq in accordance with the pro-rations stated � �";- {'?�r above. �'� � . ,�-,; �=' �� r- `�i` 6. Closing. The cZosing shall take place on or before (`,. ^r. �, May 24, 1983, at a time and piace to be mufually agreed upon �'.= �,:;� by the parties. �� ;:. a„'�: a' - , 7. Time is of the Essence. Time is of the essence herein, 'r �Y"? r ' and if payment or other condition hereof is not made, tendered i•=�� or performed by any of Fhe parties as hereia provided, then :i�::- `�;,�� this Agreement at th e option of the party who is not in default i � ° LT4,` may be terminated. In the event that, � . r� i,::.< , (A) Pitkin County is unable to or refuses to convey � full and marketable title to the respective properties, a roved PP � .� and insured as set forth herein; or ,- _� i� :_ j'. ��. C,+t*� ��'. (B1 Any representation set forth in this Agreement �e� `�" by any party is incozrect or any condition to closing set forth fr in this Agreement shall not have been fulfilled, the party ` ,.i r{ who is not in default shall have the following rights: � �:�,'� ;�'� .fA�.: (.i) To terminate this Agreement without liability � � ` by giving notice thereof to all parties as set forth herein; ' ��.� � `. hj �u. .1 L (ii) To extend any time period set forth in th is �� : Agreement by giving notice thereof to the other parties as set `k'��+: '�? forth herein, for such periods as may be required to satisfy, �;;. �.; ��. correct, cure or perform the representations and warranties r>.p•.': � or conditions precedent under this Agreement. :; ;� �;: :.'S�i rl ,'ru" =1 �'�s�i. _ 4 _ r,' 3I�;' ; �;;,�`sr . ';. YY .� ��A' .. �:F'��?� ' y .:•u. p`r., ��' „ ' .2� �Y' . • � . — / ± ��:7 �7`, ir�p�,`TY.. 44s' �} '”-1!``P iFD '��L•' ;;� .� � � �f�1�" '�' ' „ ,k;.�.+ ��„ � wMr '.t n. f ��fi t�f" ' i u 5 b f w+t �a'a' Yt n'. .�c . :M�l.'�"R".�'� . ��xs�`��"!'�.�g:��^L�`�::if.�.�'-?lr-1e i� �,+^ ' �:'��: . � .'� iiii) To bring suit against the party in default s'_`� .. �� for the specific performance of the terms of this Agreement; � ;�� I . �; �;� (.iv) Tn addition to its rights above set forth •f' , N� in subparaqraphs (i) and (ii) , the parties not in default shall ±� ''� nevertheless always have the right to waive any one or more �� of its rights under this paragraph and to close title under � � . � this Agreement. ;?r� b �� F: Within ten (1Q) days after the execution of this Agreement �� - � by all parties, Grizzly shall deposit one thousand dollars � ($1,U00.00)., with Pitkin County, and if this Agreement is not ^ consummated due to the fault of Grizzly, this sum of one ti�ousand j' � _ • � dollars ($1,000.00). shall be retained by Pitkin County as �' � l.iquidated damages in lieu of any other claim, right, remedy ., � � or damage against Grizzly. In connection therewith, Grizzly `;�� f'� �f acknowledges that Pit�cin County will make financial and other `� � � � commitments promptly upon the execution hereo£ for construction, �� , z; and the like, related to and arising out of Pitkin County's ` _;:_ � ,�. obligations and duties as contained in this Agreement, and f� Grizzly further acknowledges having been carefully advised by k. counsel that at the time o£ the execution of this instrument, �. the sum paid to Pitkin County, pursuant to the provisions hereof � represents a reasonable endeavor on the part of the parties to � ascertain that said sum would be the minimal damage suffered by Pitkin County in the event of a default or breach hereof by Grizzly. 8. Landscaping. Grizzly recognizes and agrees that }��.'_;', ", ` ' �i r k,_ it shall have the obligation, after closing, to perform the . �T. 3; :;. following: �� : i'� ;, (A)- Utilize its best efforts to eliminate the use ;� �: of the resent access as the main entrance to the subject '� • ", P %ra. property off of Colorado Highway 82 by obtaining an easement �` ?� from Boise Cascade Corporation and/or any one else it deems � i necessary over and across that certain roadway presently �� acaessing the property owned by Boise Cascade Corporation. !-� �; I 't � i - 5 - 1 �i,�'� �_'�,' �e • '=ly i'�c.1�� ,�. 3 � �+' �� ) f { ,. .. : � i y.��,y�_��t'�y� ��.Yi�� ,yr�'Y' � `�"'f� L �"1 y5"r'�Y.� �\ �. t '� n�'• .�y�y77�..,,- -,�r t t . ' tl�,i '�9e S�� ?y�ay��syX'�' y �'� ��ap. • x`i�b� F�'tEr� . ` Y �i t rM�uf� � �. ��'�� f t S '� 4 q f��Y i'��>�s� ` � r +>�,°' S�`, r ra'� a�r��'� "�. � �' � � `�� '�" c��'i,kY-.�i, Y Ir .��R�J«� �.. J �t�` u .�u .?'....... 'd+R<'�C"......'� y `� , . �.t,e4.� .,:..r.s.'�.[a �:�.�::.'v..4t� �i.1` ��,'?�3� k�: ;;�1e�y�1Yr !.n!�� i�. � (-^��.;'�; ' (B) To cooperate with Pitkin County in any reasonable �ry : 4r : efforts to improve the safety of and traffic patterns on Colorado �.:F: d,.Y-' °^•�=� Highway 82, in and near the subj ect propert ��. .`�? Y• ,.� �� ,_f` (C) To landscape the subject property and adjacent �;,` �'' property in accordance with the conceptual landscaping plan �.-�. ,:; �. i+�''�= '� , �v� presented to the Board of County Commissioners on March 21, 1983. � �m: ��' To that end, Pitkin County hereby grants Grizzly the ability to �,,,. ��v-; �5'F'�• eneroach upon the property immediately adjacent to the subject .�✓:-Y f�T4 }"�i: property for the purpose of planting and maintaining vegetation, cf�`-h: ��., t^.,, including, but not limited to trees and shrubbery. Grizzly ',.5 x '.��` shall, after the installation of any vegetation, whether on the . ��': s;�- "�� subject property or on the property owned hy Pitkin County, r�_',� water and maintain such vegetation. Grizzly shall utilize � its best efforts to perform such landscaping as quickly as *�-=- 4;;.';� possible, but in any event, said landscaping shall be completed i.`;;'�� on or before September 1, 1934, and improve the structure by t� . , installinq new siding on or be�ore September 1, 1983. .._:' . ,::* S.'. p (D) To cause the slats in the existing fence to 3�` I ' ��` be removed and to have said fence painted a neutral color on `. �'�:x ;4 Y. 1 or be£ore August 1, 1983. ; E'- I { ts� �`,� / i ;� � (E1 To utilize its best efforts to eliminate the f',�'a � present mercury vapor lighting system upon the subject property. `..��_ r� (F) To utiliZe its best efforts to shield from �. }* public view as much as possible, any heavy equipment needed - �A '�`ii:; ��-' for its o erations. �'�'- - P �:z� �. r �i': f: . �: (.G� To cause the existing building to be re-sided `� i with cedar siding and re-roofed with cedar shakes on or before :y September 1. 1985. " The obligations contained in this paragraph shall ;; survive the closing hereunder. " .�_ - 6 - ` J.�'1 ,.� �- °�' . .. �r�'�� _ • �Fx r *T' wr r�l.�� z"� t, :�,� r �+.� „ Y § e�f 3� i'�"�rF�t htt"�..Y a#^R }� '��`'. 6Ck y q�3�k§"��,�`�- r t��"� 4 �� 1_�ru �t '"aa � a��'' :l�- ;.t'33 � i�,�ii. '` .A}t�,.'� � � j� � �-.�l�:ik�t�fi�� '�+'�:...��f]��'.��'IG:��iL'u�a'.. ,.� ,�+FY.t;Ee.f�a �x ��.i.it�i,�kNi�i�i�'r�-. �•MF . (�;:t�:�.��' ��;;�.'`:. . '- � _ � ",�� 9. btiscellaneous. �-';� t�: � � ,; (A) This Agreement shall be binding upon and inure i.. � ;;�;� to the benefit of the parties hereto, and their respective assigns. `�,'�� ,... i�. (B) This Agreement shall be construed, interpreted � . il,. and subject to the laws of the State of Colorado. �: ` 7� ..: � „: . .�.. (C) This writing contains the entire agreement of ''`� ..^- ��= the parties. All understandings and agreements heretofore s� r� had between the parties hereto are merged in this Agreement, x �-: which along fully and completely expresses their agreement, - ;= - and the same is entered into after full investigation. No g=. representations were made or relied upon by any party other - ^� than those that are expressly set forth. This Agreement may e�= i" not be modified, extended, changed, mutually rescinded or �.i �� altered unless done in writing and signed by the respective . R6� i,' ... parties. ,:; �..: �,;, ��'` :'u i: (D) In the event that any party hereto is required �: ' ' ��,,.: to utilize the services of an attorney to initiate litigation k; � ,s. �; to enforce any provisions hereof, then the party prevailing in �'�` -4' ��,��.'°: �� such litigation, whether it be the party initiating the litigation `�� f:' . or otherwise, shall be entitled to their or its reasonable r� attorneys' fees. -4�. �; (.E1 The representations and warranties of all �r f•" parties contained in this Agreement will be true as of the date ' >s;:: ;�., , 'r,��-;,: of closing. �� '', � (.F1 The conditions, warranties, representations � and agreements set forth herein by the parties shall survive `t . � the closing hereof. F� � ri ia _ 7 � � +',A7 � � i i s ;��' �'N �.;:'.'y�:o"�.�`xw3 �� . r;�t:' , . , µ,:41�"�. ` � ' �e�x,,.�L� li sf A.F`�t k F�-Y'��:,k �.�P'.,}�}A�� sr;y7 . � � �Y, ��u,y� ��x r �� ; �z+t�.�� M ,.�,��i�`��f)t#��'�7�'` =��p'�`xn��`F a'�4�. i ' � i��k �ar�� x; ��r� � � ��'?�L'`",�j }} ' �'� t�C�,"� �'S `�tFe�i�G'23 ;��+�' +- jy'yi ry '��' "i 3��4�� Ci Kat��. .Ik"?� ��1�1 ��bx�.��r ...�.... , ,[.T��Tba_ �{",'�r M�„i� � te ,.r F � .+.«��5s+.r'kx��.,4ta38l��sart.�l.�. ' wr�:� �t-�z � e..a._." ' c'� ..� ,. . ,r�� . , . _ , . .. � �1 �.� �1-._�..'...�_� °x ,y (G) All notices, demands and communications hereunder �lt. "" shall be served or given to the respective parties at their '' t:r �.�� r-:r %�. ,;t respective addresses as set forth below or as otherwise '� � � ` designated in the manner set forth herein. Any notice, demand :�-� ;� f'' or communication shall be given by personal service or certified �i,�°�..`_-,:�--•. rr ' 't}.` - � �j. �`�,y mail, first class postage prepaid thereon, and unless sooner, t"��.�. ; �� received ten (10) days after tlie date of certification. The � ;e'``-" addresses of the arties are as follows: �"r;� P �:;;c .- �.lSru`.�;. t�1 - tF �'. �'�-�^ GRIZZLY: Grizzl Landsca in and �`.<;a=:_, Y P 4 �.�;_`-.:�,; Groundskeeping, Inc. �';•.>��: Post Office Box 25 �=��"�" Woody Creek, Colorado .�d :� � �";� ,Y Copy to: Brooke A. Peterson t A Professional Corporation 611 West Main Street � Aspen, Colorado 81611 ; �.:u,_::_� �?�'r� PITKIN COi7PITY: Pit�cin County Commissioners ; � r� Pitkin County Courthouse ' 4 ' S06 East Main Street i � Aspen, Colorado 81611 ' �-`':._� . . . . I K "' (H) The provisions of this Agreement are severable � "_ � and in the event that one is deemed to be subsequently invalid, z ;� ; & then the remainder shall continue to be valid. � + 1 ,��:�� (.I) This Agreement may be executed in one or more � G:='�::° "?``:�` counterparts, and upon the execution of a counterpart by all �..=�- � t fi � parties, when taken together, shall constitute an original. :�,: - �t yA_; IN WITNESS WfiEREOF, the parties have executed this Agreement �r''�; the day and year first above written. � �r , GRIZZLY LANDSCAPING AND THE BOARD OF COUN COMMISSIONERS ��,r:';� GROUNDSREEPIDIG, INC. OF PIT I•N-C,OUNTY COLORADO �• ,_.,� ; �$: ��, s' ; sy: �`�F�vl J�-.., sy: :Cn c �l/c=�� } -��.,.��T %IAF,EiT P7 JEC7SIN,�PRESIDF27� Geo ge adsen, Chairman, f '�., �B rd of County Commissioners s ,.�: ATTEST: .^: � .F'. 1 ';•,-; ," B7dJOKF:A PE7�:IiS�lt�1. Sf]Cl2ET11?tY € ��'; �'!; j ��t� ; �3 i k,, _ a — .�i ��' �':�x� {'t::y.. }+