HomeMy WebLinkAboutbocc.con.293.2012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO APPROVING THE PURCHASE OF
COLUMBINES AT ELK RUN UNIT 603 FOR THE PITKIN COUNTY
EMPLOYEE HOUSING INVENTORY AND AUTH4RIZING THE CHAIR TO
EXECUTE THE NECESSARY DOCUMENTS
ORDINANCE #��-2012 ����AC-�`# C�3' �/'�/ �
�
,.
Recitals � �'���- �-��`� �
1. The Board of County Commissioners of Pitkin County ("County"} is in a position
to acquire Columbines at Elk Run Unit 603,Bas lt, also known as 603 Wren Court,
Basalt, Colorado (the"Property");t"'Fr����� �/ '��``5'� G'`e�
2. The acquisition will be paid for from the County's Employee Housing Impact Fee
funds.
3. The purpose of the acquisition is to add the Property to the County's employee
housing inventory.
4. The Property is a 3-bedroom, 3.5 bath, completely renovated 1992 square foot
townhome located within a four-plex. It has its own fenced courtyard,two storage areas
and two assigned parking spaces. It is located within easy walking distance of downtown
Basalt, schools and RFTA.
5. Mary Hyde Millard is the owner of the Property and is a willing seller in her
desire to see the Properiy become an employee housing unit and the County desires to
purchase the Property for that purpose;
6. The terms and provisions of the purchase are fully set forth in the Contract to Buy
and Sell Real Estate dated September 21, 2012 and Counterproposal dated September 28,
2012;
7. The County and Millard have negotiated a purchase price of$342,000 and it is in
the interest of all parties to proceed immediately with the transaction;
8. The terms of the agreement are set forth, and the Chairman(ar Chairman's
designee) sha11 be authorized to sign a Contract to Buy and Sell Real Estate and to
execute such documents as a necessary to consummate this transaction in substantially
the form approved by the County Attorney.
9. The BOCC finds that adoption of this ordinance is in the best interest of the public
health, safety and welfare of the citizens of Pitkin County.
RECEPTION#: 593542, 10/29/2012 at
04:11:24 PM,
z oF 2, R $O.OQ Doc Code ORDINANCE
Janice K.Vos Cauditt, Pitkin County, CO
/
Ordinance#49r -2012
Page 2
NOW,THEREFORE,BE IT ORDAINED,that the Board of County
Commissioners approves the purchase of said Property and authorizes the Chairman or
Chairman's designee to execute all documents necessary to complete the transaction.
1NTRODUCED AND APPROVED ON THE lOTH DAY OF OCTOBER 2012 AND SET
FOR PUBLIC HEARING ON THE 24TH DAY OF OCTOBER 2012.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON jC�//-�.G�l'�,-
2012.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIA PITKIN COL7NTY WEBSITE (www.a�enpitkin.com )
ON THE f�� DAY OF ' 2012.
ADOPTED AFTER F1NAL READING AND PUBLIC HEARING 4N THE 24TH DAY
OF OCTOBER 2012.
PUBLISHED BY TITLE AND SHORT SUMMARY, A TER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE r�` DAY OF t t,, -,�!' 2012.
THIS ORDINANCE IS EFFECTIVE ON OCTOBER 24, 2012
AT T: BOARD OF COUNTY COMMISSIONERS
��
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3 F
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B � ` _���- By� �
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Jeane�t�Jones �; Michael M. Owsley, irma
DeputN County Clerk f
� Date: �� �
APPROVED AS TO FORM:
,_—.� ` .___--
John Ely on Peacock �
County Attorney County Manager
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2 Aspen Snowmass Sotheby's International Realty
3 Aspen ; ScYthebys 5ally Shiekman-Miller
4 .SriOWTI7855 i 1NT[f�N11Ti�NAt 1{ENSf
5 Ph: 970-925-60fi0 Fax: 970-920-9993 '
6 he pri�ted portions of thls form,except differentiated additfons, have been approved by the Colorado Real Estate
� � ommission. (CBSl-iD-11) (MandatorY i-12)
8
4
io 7HlS FORM HAS 1MPORTANT LEGAL CONSE(1tlENCES AND THE PARTtES SHOULD CONSULT LEGAL
11 AND 7AX Oit OTHER COUNSEL BEFORE SIGNING.
iz
13
14 CONTRACT TO BUY AND SELL REAL ESTATE
16 (RESIDENTIAL)
17
i$ Date: 9/29/2012
14
20
2z AGREEMENT
zz
23
Z4 '1. AGREEMENT.8uyer,identified in§2.1,agrees to buy,and Seller,identified in§2.3,agrees to sell,the
z5 Property described below on the terms and conditions set forth in this contract(Contract}.
26
2�
29 2. PARTIES ANQ PROPERTY.
30 2.1.Buyer.Buyer,Board of County Commissioners of Pitkin County,wilt take title to the
31 Property described belaw as❑ Joint Tenants ❑Tenants In Common �Other
32
33
34 2.2.Assignability and Inurement.This Contract�Shall ❑Shall Not be assignable by Suyer
35 without Se(ler's or written oonsent.Exce t as so restrided,this Contract shal!inure to the beneflt of and be
36 � p
3� binding upon fhe heirs,personal representatives,successors and assigns of the parties.
38 2.3.5elier.Seller,Mary Hyde Millard,is the current owner of the Property described below.
39 2.4. Pro e The Pro e g eg y qr
ao P rtY• p �y is the foilowin I all described real estafe in the Coun of
4i Pitkin ,Colorado:
a3 Columbines Af EIk Run Unif: 603 Desc:Ffling 2
44 known as No. 603 Wren Courf 8asalf CO 81621,
� 45 tagefher with the interests,easements,rights,beneflts,improvements and atta�ched fixtures appurtenant thereto,
46 and a!�interest of SeNer in vacated streets and alie s ad acent fhereto,exce t as herein excluded Pro e
a� Y 1 , P ( P �'h�)•
as 2.5.inclusions. 7he Purchase Price lndudes the follawing items(Inclusionsj:
49 2.5.1. Fixtures. If attached to the Propetly an the date of this Corttract:lighting,heating,piumbing,
50 ventilating and air conditioning fnctures,N antennas,inside telephone,network and coaxiai(cabfe}wiring and
si
5z connecting block�adcs,plants,mirrors,floor coverings,intercom systems, built--in kitchen appliances,sprinkler
5� systems and cantrots, buiit—in vacuum sysfems(inctuding accessories},garage door openers including none
Sg remote confrols.
56 Other Fixtures:n/a
58 If any fi�ures are attached to the Property after fhe date of this Contract,such additional fixtures are also included
59 in the Purchase Price.
6a 2.5.2. Personal Property. !f on the Property whether attached or not on the date of this ContraCt:
si storm windows, storm doors,window and porch shades,awnings,blinds,screens,window cove�ings,curtain rods,
62
63 draPery rods,fireplace inserts,fireplace screens,fireptace grates,heating stoves,storage sheds,and a((keys. if
64 checked,the following are induded: ❑Water Softeners �SmokelFire Detectors ❑Security Systems
66 ❑Sateilite Systems(including satellite dishes).
67 Other Personal Property;
68 refrfgerator,stove, dishwasher, microwave, washer, dryer,ceiling fan(s),
69
�o The Personal Property to be conveyed at Closing shaN be canveyed by Seller free and clear vf ait
71 taxes(excepf personai property taxes for the year of Closing),liens and encumbrances,except
72
�3 .Conveyance shatl be by biN of sale or other appticabie legat instrument.
74 2.5.3. Parking and Storage Facilities.�Use Oniy�Ownership of the foiiowing parking
75 facilities: ?assi ned ark�
76 g p ng s�aces ;and 0 Use Only�Ownership
�� of the foAowing sforage facitides:
78 2 outsFde storage areas appurtenanf fo fhe property
79 .
80 2.5.4. Water Rights,Water and Sewer Taps.
81 2.5.4.1.Deeded Water Rights.The folfowing tegaliy described water righfs
s3 n/a
� ) � �
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84 Any water rights shali be conveyed by CI n/a Deed ❑Other applicable iegat
&S instrument.
86
s� ❑ 2.5.4.2.Weil Rights. If any water well is to be transfe►red to Buyer,Seller agrees to
8$ supply required information abouf such well to Buyer.Buyer understands that if the weU to be transferred is a
89 5ma11 Ca aci WeN or a Domestic Exem t Water Well used for ordina household u oses,Bu er shall, rior
90 p ty P rY P rP Y P�
�f 9 i to or at Closing,complete a Change in Ownership form for the wetl.ff an ex(sting wep has not been regtstered with
9Z the Colorado Division of Water Resources in the Depa�tment of Natural Resources(Divisfon),Buyer shail comptete
93 a r istration of existin well form for the well and a the cost of r istration. If no erson will be rovidin a
9¢ �9 9 P Y e9 P P 9
9s dosing service in connection with the transactlon, Buyer shali file the form with the Division within sixty days after
96 Closing.The Weli Permit#is n/a
97 '
sa 2.5.4.3, ❑Water Stock Certificates:
ioo �/a
zol 2.5.4.4. Water Tap Sewer Tap
102
' la3 Note:Buyer is advised to obtain,from the provider,written confirmation of the amount remaining to be
ios paid,if any,time and other restrictions for transfer and use of the tap.
106
lo� 2.5.4.5.Other Rights:
ros
i os Na
l la 2,&. Exclusions.Tt�e following ifems are exduded(Exdusions}:
iii
iiz none
113
124
zi5 3. DATES AND DEADUNES.
116
117 � - — —
lia �Item No. Reference Event Date or Deadline
�19 � bus days following
izo �7 §4.2 Altemative Eamest Money Deadline MEC
121
1Z2 j tle and Association
zz3 ' 7 days following
1zsZ §7•� Recorcl Title Deadline MEC
�
iz� 3 §7.2 Exceptions Request Deadiine T days fo!lowing
� lZS MEC
izs 21 days following
i3o 4 §8.1 Record Title Objection Deadltne MEC
^ 131
i32 5 §8.2 Off-Record Title Deadfine 7 days following
133 �EC
134 21 days following
135 6 §8.2 Off-Record TiUe Objection Deadline
13� MEC
13� 28 days fallowing
zJg ;7 §8.3 Titte Resolution Deadiine MEC
139
ia� !8 §7.3 Association Documents beadiine 7 daYs foliowfng
MEC
ia3 21 days following
144 ?9 §7.3 Association Documents Objection Deadline MEC
14s '10 §8.5 Ri ht of First Refusal Deadiine n/a
146
147 elleYs Property Disciosure
148
11 §10.1 Seiler's Property Disclosure Deadline 7 days followirtg
i so MEC
151 . oan and Credit
isz
i53 {12 §5.9 Loan A ticadon Deadline n/a
I54 �13 §5.2 Loan Conditions Deadline n/a
255
i56 �14 §5.3 Bu e�'s Credit information Deadline n/a
15� ;15 3 5.3 Disa roval of Bu ers Credit Information Deadtine n/a
iss �16 §5.4 Existin Loan Documents Deadiine n/a
159
150 ��7 §5.4 Existir► Loan Documents Ob'ection Deadline rr/a
161 '18 §5.4 Loan Transfer roval Deadiine n/a
162
263 ppraisai
164 2i days followfng
i65 �19 §6.2 Appraisal Deadline �E�
166 ,
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i6� 28 days foJlvwing
� i5s �20 §6.2 Appraisal Objecfion Deadline ��
i69 �
t�o urvey
` ��i ,29 §9.1 CurrentSurve Deadline Na
z�z
� n3 �12 §9.2 Current Surve Qb ection Deadtine rt/a
174 Inspection and Due Diligence
175
1�6 + 21 days following
i�� �3 §102 Inspection Objection Deadline MEC
i�y 28 days folJowing
' lso �4 §10.3 Inspection Resolu6on Deadline MEC
1$1 ' 21 days.following
l8Z �5 g 1d.5 Property Insurance Object'ron Deadline
iss MEC .
i aa � 7 days►v!lowing
ias �6 §10.6 Due Diligence Documents Delivery Deadline �(qEC
186
187 ' 28 days follawing
18s �7 §10.7 Due Diligence Documents Objection Deadline ME�
. !89 .
l90 ' losing and Possesslon
igi 45 days�(ollowing
igz 28 §12.3 Closing Date MEC
is4 ' 45 days following
195 �9 §17 Possession Date MEC
196
i97 i30 §17 Possession Time after ctosin
i9& `31 g28 Acce tance Deadiine Date 9/25/2012 Tuesday
149 �2 §2a Acce tance Deadline Time 9;00 .m.
zao
zoi 33
zo2 �4
203
204
2os Note: Appticability of Terms.
207, Any box,blank or tine in this Contract left biank or completed with the abbreviation"N/A',or the word"Qeleted"
2DB means such provision in Dates and Deadiines(§3),inctuding any deadline,is not applicable and the
zo9 corresponding provision of ihis Contract to which reference is made is deleted. '
zio
� zzi
Zi2 The abb�eviation"MEC"{mutual executlon of this Contract)means the date upon which both parties have signed
Zi4 this Contract.
215
zis Note:!f FHA or VA loan boxes are checked in§4.5.3(Loan Limitafions),the Appraisal Deadline(§3)does Not
z1� apply to FHA insured or VA guaranteed loans.
2Is
219
zZO 4. PURCHASE PRICE AND TERMS.
Z21
z22 4.l.Price and Terms.The Purchase Price set forth below shall be payabte in U.S.Dollars by Buyer as
zz3 foilows: .
z25 •'Item No. Reference Item � Amount . Amount
zz� �1 § 4.1 Purchase price $320,000.00
2z7 !2 § 4.2 arnest Money $10,0OO.OD
zza
zz9 :3 § 4.5 New Loan � $0.00
230
231 �4 § 4.6 ssumption Balance S�-�
z33 `5 § 4.7 Seller or Private Financing $0.00
234 :6
Z35 �7
yg7 ;B § 4.3 Cash at Clasing - $310,000.00
Zss g OTAL $320,000.00 $3Z0,000.00
239
240
241 .
24Z 4.2. Earnest Money.The Earnest Money set forth in this section,in the form of
z�s
244 check or wire fransfer ,shal!be payabie to and held by Land�fle Guarantee Compan�
zas (Eamest Money Hoider},in its trust account,on behalf of both Sel(er and Buyer.The Earnest Money deposit shaq
Z46 be tendered with this Contract uMess tha pa►ties mutually agree to an Atternative Earnest Money Deadline(§
247
z4s 3)for its payment. If Eamest Money Holder is other than tfie Brokerage Firm identified in§33 or§34,Closing
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z49 tnstructions signed by Buyer,Seiler and Earnest Money Holder must be obtained on or before de(ivery of Eamest
zso Mone to Eamest Mone Noider.The arties authorize delive of the Eamest Mone de osit to the com an
25i Y Y P rY Y P P Y
z5z conduding the Closing(Ciosing Company},if any,at or before Closing.In the event Eamest Money Holder has
2s3 agreed to have interest on Eamest Money deposits trartsf�rred to a fund established for the purpose of providing
� �55 affordable housing to Colorado residents,Selier and Buyer acknowledge and agree that any interest accxuing on
zs5 the Earnest Money deposited with the Eamest Money Holder+n this transaction shall be transferred to such fund.
z57 4.2.1. Altemative Earnest Money Deadiine.The deadline for deliverir�the Eamest
25qMoney,if other than at the time of tender of this Contract is as set forth as the Alternative Earnest Money
- 2so Deadlirte(§3}.
z61 4.2.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely tertninates,
Z6Z Bu er shal!be entft(ed to the retum of Eamest Mone as rovided in this Contract.!f this Contract is terminated as
26s Y Y P
z5a se#forlh in§25 and,except as provided in§24,if the Earrtest Money has not already been retumed foilowing
z55 ��iPt of a Notice to Terminate,Seller agrees fo execute and retum to Buyer or 8roker working with Buyer,
z66 written mutual instructions,i.e., Eamest Mone Release form,within three da s of Selle�`s necei t of such form.
z6� Y Y p
z6s 4.3. Form of Funds;TFme of Payment;Funds Availabie.
z69 4.3.9.Good Funds.All amounts payable by the parties at Closing,inciuding any loan
270 roceeds,Cash at Ciosin and dasin costs,shail be in funds that com t with all a I�cable Colorado laws, '
z�i P 9 9 PY PP�
27z including electronic transfer funds,certified check,savings and loan#elier's check and cashier's check(Good
Z�4 Funds}.
2�5 4.3.2.Avaitabte Funds.Ail funds required to be paid at Closing or as othervvise agreed in
z76 writing behnreen the parties shall be timely paid to allow disbursement by Closing Company at Closing UR SUCH
z77 PARTY SHALL BE IN DEFAULT.Buyer represents that 8uyer,as of the date of this Cantract,�Does�Does
278 Not have funds that are immediatef verifiabie and available in an amount not less than the amount stated as
z�s Y
zaa Cash at Closing in § 4.1.
Z81 4.4. Seller Concession.Seller,at Ciasing,sha!!cred'R,as directed by 8uyer,an
2E2
zs3 amount of$ to assist with Suyer's ciosing costs,loan discount points,loen origination fees,
Zg¢ prepaid items(including any amourtts that Seller agrees to pay because Buyer is not atlowed to pay due to FHA,
2g5 CNFA,VA,etc.),and any other fee,cost,charge,expense or expenditure related to Buyer's New Loan or ottter
286
zs7 allowable Seller concession(callectively,Sel(er Concession).Seiler Concession is in addition to any sum Seller
' 288 has agr�eed to pay or credit Buyer elsewhere in this Contract.Seller Concession shatl be reduced to the e�ent it
290 exceeds the amount allowed by Buyer's lender as set forth in the Ciosing Statement or NUD-1,at Closing.
292 4.5. New Loan.(Omitted as inappliqble)
292
' 293
z4a 4.6. Assumption. (Omitted as inapplicabie)
295 .
296
zq� 4.7. Seller or Private Pinancing. {Omitfed as inappiicablej
298
299
30o TRANSACTIQN PROVISIt�NS
301
302
304 5. FINANCtNG CONbiT10NS AND OBLIGATIONS.{Omitted as inappiicabte)
305
305 5.3. Credit tnformation and Bu ers New Senior Loan. Omitted as ina licable
30� Y � pP )
" 3D8
309 5.4. Existing Loan Review.(Omitted as inappltcabie)
3I0
311
3i3 6. APPRAlSAL PROVIStONS. ,
3i4 6.1.Lender Property Requirements. !f the tender irrtposes any requirements or repairs(Requi�ments)
, 3is to he made to the Property(e.g.,roof repair,repain6ng),beyond those matters already agreed to by Seller in this
316 Contract,Se!!er shali have the Right to Terminate under§25.1,(notwithstanding§10 of this Coniract),on or
31� before three d s foilowi Seller's recei of the Re uirements,based on an unsatisfacto Re wrements,in
31s aY n9 Pt q Y �Y q
s19 Selier's so(e subjective discretion.Seller's Right to Terminate in this§6.1 shall not apply if,on or before any
3zo ����ation 6y Seiler pursuant to this§6.1:(1)the parties enter into a writfien agreement regarding the
3zi R ui►�ments;or 2 the Re u+remenis have been com leted;or 3 the satisfaction of the Re uirements is waived
s2z � ( } q � P ( ) 4
s�3 in writing by Buyer.
32a 6.2. Appraisal Condition.The applicable Appraisal provision set forth below shall appty to the
3z5 �s ctive loan set forth in 4.5.3,or ff a cash transaction,i.e. no financin , 6.2.1 shall a �
326 Pe tYPe § 9 § PP�Y•
3z� 6.2.1. ConventtonaliOther.Buyer shall have the sole option and electian to terminate this
32s Contract if the Property's vatuation is less than the Purchase Price determined by an appraiser engaged on behalf
33p of Buyer .The appraisal shaq be received by Buyer or Buyers tender on or before Apprafsal
,� 33z Deadiine(§3).Buyer shaii have the Right to Terminate under§25.1,an or before Appraisal Objection
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� 332 Deadiine(§3),if the Property's valuation is tess than the Purchase Price and Selier's receipt of either a copy of
334 such appraisal or written notice from lender that conflrrtts the Properly's valuation is less than the Purchase Price.
335 6.2.2. FHA.It is express(y agreed that,notwithstanding any other provisions of this Contract, �
336 the purchaser(Buyer)shall not be obligated to cnmplete the purchase of the Property described herein or to incur
337
"� 338 any penatty by forfeiture of Eamest Money deposfts or othenaise untess the Purchaser(Buyer)has 6een g+ven in
33s accordance with HUDIFHA or VA requirements a written statement issued by the Federal Housing Commissioner,
34o Departmer�t of Veterans Affairs,or a Direct Endorsement lender,setting forth the appraised value of the Properly of
341
342 not less than$ n/a ,The Purchaser(Buyerj shalf have the privilege and option of proceeding with the
343 �nsummation of the Contract withouf regard to the amourrt of the appraised valuation.The appraised valuatiort is
344 a�ed at to determine the mauimum morkgage the Department of Housing and Urban Devebpment will insure.
345
346 HUD does not warrant the value nor the condition of the Properfy.The Purchaser(Buyer}shoutd satisfy .
3¢� himself/herself that the price and conditian of the Property are acceptable.
3as 6.2.3. VA. It is expressly agreed thai;notwithstanding any other provisions of this Contract,the
3sopurchaser(Buyer}shatl not incur any penatly by forfeiture of Eamest Money or atherwise or be abiigated to
3s1 complete the purchase of the Properfy described herein,if the ConUact Purchase Price or cost exceeds the
ss2 reasonable value of the Property established by the Department of Veterans Affairs.The purchaser{Buyerj shalf,
353
3s4 however,have the privilege and opGon of proceeding with fhe consummation of this Confract wfthouk regard to the
3 s5 amount of the reasonable value established by the Department of Veterans Affairs.
3ss 6.3. Cost of Appraisal,Cost af any appraisal to be ohta)ned after the dafe of this Contract shaA be
357
35s timely paid by�uyer ❑Seller.
359
36� 7. EVIDENCE OF T1TLE AND ASSOClATtON DOCUMENTS.
362 7.1. Evidence of Title.On or before Record Title Deadline(§3},Setler shall cause to be
364 �mished to Buyer,at Selter's expense,a currenf commitment for owner's title insuranoe policy(Title
355 Commitment)in an amount equa!to the Purchase Price,or if this box is checked,❑ An Abstract of title
366 certified to a current date. If tiUe insuranc�e is furnished,Seller shalt also deliver to Buyer copies of any abstracts of
367 title coverfn all or an
36s g Y po�tion of the Property{Ahstract)in Seller's possession.At Seller's expense,Set(er shal!
369 cause the title insurance polic.y fo be issued and delivered fo Buyer as soon as precticable at ar after Closing.The
37� titie ir�surance commitment�Shall ❑Shall Not commit to detete ar insure over the standard exceptbns which
3�Z relate to:(1 j parties in.possession,(2}unrecorded easements, (3}survey matters, (4}unrecorded_mechanics'
s7s liens, (5}gap period(effective date of commitment to dafe deed is recorded),and(6}unpaid taxes,assessments
3�4 and unredesmed tax sales prior to the ysar of Closing.Any addifional premium expense to obtain this addttional
� 376 �verage shall be pald by L7 Bayer�Seiler.
3�� ' Note:The title insurance company may not agree to delete or insure over any or all of the standard exceptions.
378 Buyer shall Frave the right to review the Title Cammitment,its provisions and Title Documenfs(deflned in§72j,
379
38o and if not satisfactory to Buyer, Buyer may exercise BuyePs rights pursuant to§ 8.1.
381 7.2. Copies of Exceptions.On or before Record Titte Deadline(§3},Seller,at Seller's expense,
38� shatt fumish to e er and 5e!ling Agent and 8u er s attorney,John El
383 uy ,� �, ,(1)coples of any
3a4 plats,declarations,covenants,conditions and restrictions burdening the Property,and(2)tf a Title Commitment is
ss5 required to be fumished,and if this box is chedced� Copies of.any Other pocumerrts(or>if illegible,
3e6 summaries of such documents listed in the schedule of exce ttons Exce t�ons Even if the hox is not checked,
3a7 ) � P� ( P� }.
sss Seiter shalt have the obligation to fumish these documents pursuant to this sedion if requested by Buyer a�y time
3as on or hefore Exceptions Request Deadline(§3).This requirement sha(1 perfain only to documents as shown af
39° record in the office of the clerk and recorder in the counry where the Properiy is tocated.The Abstract or Title
392 Commitment,together with any copies or summaries of such documents fumished pursuant to this sedion,
394 COnstitute the title documents(cotlectively,Title Documents).
395 7.3. Homeowners'Association Documents.The term Association Documents consists of all
396 owners' assoaations(Association)declarations,bytaws,operating agreements,rutes and regulations, party watt
397 agreements,minutes of mast recent annual owners'meeting and minutes of any directors'or managers'meetings
398 durin the six month eriod immediatel ecedin the date of this Contract,if an Govemin Documents most
399 9 P Y W 9 Y� 9 ),
¢oo recent finanaa(documents consisting of(1}annual balance sheet, (2)annual incame and expendRures statement,
4oz and(3)annuat budget(Finanaal Documents),if ariy(collectively,Association Documentsj.
ao3 7.3.1. Common Interest Community Disclosure.THE PROPERTY 15 LOCATED Wt7HIN A
aoa COMMOM INTEREST COMMUNITY AND!S SUBJECT TO TNE DECLARATION FOR SUCN COMMt1NITY.THE
aos OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR
4�� THE COMMUN!'rY AND WILL BE SUBJECT TO'fHE BYLAWS AND RULES AND REGULi4770NS OF'PHE
aos ASSOCIAI'tON.THE DECLARATION,BYLAWS,AND RULES AND REGULATIONS WILL IMPOSE FlNANCIAL
�09 OBUGA'T70NS UPON THE OWNER QF 7ME PR�PER7Y,INCLUDtNG AN OBLtGAT10N TO PAY
Aid ASSESSMENTS OF TtiE ASSOCIATION.IF`fHE OWNER DOES NOT PAY THESE ASSESSMENTS,THE
aiz ASSOCIATi�N COUID PLACE A LIEN DA1 THE PROPERTY AND POSSIBLY 5ELL IT 70 PAY THE DEBT.
ai3 THE DECLARA710N,BYLAWS,AND RULES AND REGULAllONS OF THE COMMUNITY MAY PROHIBti THE
(��, 415 QWNER FROM MAKING CHANGES 70 THE PROPER'tY WITHOUT AN ARCHtTECTtJRA1.REVIEW BY THE
�"'� CBS1-]0-I 1. CONfRACT TO BUY AND SELL REAL ESTAT`E- Residenrial Paga 5 of IS
Buyer(s)Inirials Seller(s)InitiaLs
CTMeContracts.com-�20]2 CTM Saftware Corp. " /
l
416 ASSOCIATtON(OR A COMMITTEE OF THE ASSOCIATIQN)AND TNE.APPROVAI.OF THE ASSOCIATION.
4ra PURCHASERS OF PROPERTY W(THIN THE COMMON lNTEREST COMMUNITY SNOULD 1NVESTiGATE THE
419 FlNANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIA710N.FURCHASERS SHOUL[}CAREFULLY
azo READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGUtATtONS OF
''� 421 THE ASSOCL4710N. �
422
az3 ,T.3.2. Association Documents to Buyer
� 424 � 7.3.2.1. Seller to Provide Association Documents.Seller shatl cause the Association
425
a26 Documents to be provided to Buyer,at Sellei's expense,on or before Association Documents Deadline(§3).
�27 � 7.3.2.2.Seller Authorizes Association.Seller authorizes the Association to provide fhe
428 Assoaation Documents to Buyer,at Seller's expense.
429
aso 7.3.2.3.Seiler's Obligation.Seller's obligation to provide the Assoaation Documents
4sI shalt be fulftiled upon Buyers receipt of the Association Documents,regardless of who provides such documents.
43z Note: if neither box in this g 7.32 is chedced,the provisions of§7.3.2.1 shal!appty.
� 433
434 ' 7.3.3. Gonditianal on Buyer's Revfew. If the box in e+ther§7.3.2.1 or§7.3.2.2 is checked,
a35 the provisi�s af this§7.3.3 shail appiy.Buyer shatl have the Right to Terminate under§25.'1,on or befora
436 Association Dacuments Objection Deadline(§3}, based on any unsatisfactory provision in any of the
437
4�g Association Documents,in Buyer's sole subjective discretion.Should Buyer receive the Association Documents
¢39 after Association Documents Deadlirte(g 3),Buyer,at Bu}rer's option,shaA have the Right to Terminate under§
44� 25.1 by Buyer's Notice to Terminate recefved by Setler on or before ten days affer Buyers receipt of the
441
442 Association Documents. if Buyer does not receive the Assoaation Documents,or if Buyer's Notice to Terminate
4d3 would otherwise be required ta be received by Selter after Closing Date{§3}, Buyer's Nqtice to Terminate shall be
`�4 received by Seifer on or before three days prior to Closing Date{§3). If Seller does not receive Buyer`s Nofice to
445
4a6 Terminate within such time,Buyer accepts the provisions of Ehe Assoc(ation Documents as satisfactory,and
4a� Buyer waives any Right to Terminate under this provision,notwithstanding the provisions of§8.5.
aae
449
45p . RECORD T(TLE AND OPF—RECORD TITLE MATTERS.
asi 8.1.. Record Titie Matters.Buyer has the right to rieview and objecf to any of the TiUe Documents(Right
452 to Object, Resolution)as set forth in§8.3.Buyer's objection may be based on any unsatisfactory form or content
453
454 of Title Commitment,notwithstanding§ 13,or any other unsatisfactory title condition,in Buyers sole subjective
ass discrstion.!f Buyer objects to any of the T�le Documents, Buye�shall cause Seiler to receive Buye�'s Notice to
a56 ' Terminate or NoUce of TiUe Ohjection on or before Record Titie ObjecEion Deadline(§3).If TiUe Documents ar�e
457
45a not received by Buyer,on or before the Record Title Deadiirte(§3), cx if there is an endorsement to the TiUe
as9 Commitment that adds a new Exception to title,a capy of the new Exception to titie and the modified Titie
� 46� Commitment shali be delivered to Buyer.Buyer shall cause Seller to receive Buyer's Notioe to Terminate or Notice
46z of Title Objection on or befor+e ten days after receipt by Buyer of the foltowing documents:(1)any required Title .
463 Document not timely recelved by Buyer,(Zj any change to the Trtle Documents,or(3)endo�sement to the TiUe
464 Commitment.if Selier receives Buyer's Notice to Terminate or Notice�Title�bjection,pursuant to this g 8.1
465
46b {Record Title Matters),any title objection by Buyer and this Contract shal(be govemed by the p�ovisions set forth
a67 in§8.3(Right to tlbject,Resolution). If Seller does not receive BuyePs Notice to Terminate or Notice af Title
¢68 �bjection by the appiicable deadline specified above,Buyer accepts tF�e c�ndition of tl8e as disdosed by the Tide
469
4�o Documents as satisfactory.
4�1 g,2, pff—Record Title Ma�ers.Selier shall deliver to Buyer, on or before Of€—Record Title Deadline
472
a�3 (§3},true copies of ail existing surveys in Selier's possession pertaining to the Property and shal(dfsdose to
4�a Buyer af!easements,tiens(including,without limitatian,govemmenta!improvements approved,but not yet
4�s instaAed)ar other tide matters(including,without limitation,rights of first refusal and options)not shown by public
a�6 records, of which Selter has actual knowled e Bu er shall have the r ht to ins ect the Pro e to investi ate if
a7� 9 • Y �9 P p KY 9
47s any fhird party has any right in the Property not shown try public records(such as an unrecorded easement,
4�9 unrecorded lease,boundary line discrepancy or water rightsj.Buyer's Noiice to Terminate or Notice of Tdle
4so Objection of any unsatisfactory condition(whether disclosed by Setler or revealed by such inspection,
481
482 noMrithstanding§ 13),in Buyers sole subjective discretion,shatl be received by SeNer on or before OfF—Record
�83 Title Objection Deadline(§3).If Selier receives Buyei's Notice to Terminate or Notice of TiNe Objectlon
��4 pursuant to this§8.2(Off—Record Title Matters),arty title objection by Buyer and this Contract shali be governed
485
as6 by the provisions set forth in§8.3(Right to Object,Resolution}.if 3eller does not receive Buyer's Notice to
487 Tertninate or Notice of TiUe Objection, on or befare Off—Record Title Objection Deadline(§3},Buyer accepts
48$ title subject to such�ights,if any,of ihir+d parties of which Buyer has actual knowledge.
489
a90 8.3. R1ght to Object, Resoiutfon.Buyer's right to object to any title matters shali inciude,but not be
4g 1 Iimited to those matters set forth In§§8.1 (Record Title Matters), 8.2(Off—Record Title Matters)and 13(Transfer
492 of Title),in Buyer's sole subjective discretian{collectively, Notice of Title Objection).If Buyer objects to any title
493
a94 matter,on or before the applicable deadGne,Buyer sha!(have the choice to either(1}object to the condition of
a95 title,or(2)terminate this Contract. •
446 g,3.9. 7itle Resolution.if Seller receives Buyer's Notice of Title Objection,as provided in§8.1
497
� ag$ (Record TiUe Matters)or§8.2(Off—Record Title Matters),on or before the applicable deadline,and if Buyer and
49g Seller have not ap�ed to a written settlement thereof on or before Title Resotutfon Deadline(G 3) this Contract
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Buyer(s)Initials Seller{s)Initiais
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soo �ail terminate on the expiration of Title ResoluGon Deadline{§3),unless Seller receives Buyer's written
soi
502 withdrawai of BuyePs Notice of T�le Objectian,{i.e:, Buyer's written notice to watve ob}ection to such Items and
sos �nraives the right to terminate for that reason),on or before expiraation of Title Resolution Deadline(§3}.
soa g,3.2. Right to Terminate—Title Objection.8uyer shal!have ihe Right to Tenninate under§
� sos
sos 25•1,on or before the appiicabte deadline,based on any unsatEsfactory title matter,in Buyer's sole subjective
so� discretion.
5os g,4. Specia!Taxing Districts.SPEClAL TAXING QlSTRICTS MAY BE SUBJEGT TO GENERAL
S�p OBUGATION tNDEBTEDNESS THAT tS PAID BY REVENUES PRODUCED FRC?M ANNUAL TAX LEVIES ON
5ii THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS IN SUCH DISTRICTS MAY BE
Si2 PLACED AT RlSK FOR INCREASED MILL LEYIES AND TAX TO SUPPORT THE SERVlClNG OF SUCH DEBT
5I3
sz4 WHERE CIRCUMSTANCES ARISE RESULTING iN THE INABIUTY OF SUCH A DlSTR(CT TO DISCHARGE
� 515 SUCH INDEBTEDNESS WITHOUT SUCH AN lNCREASE IN NN�LL LEVIES.BUYERS SHOULD tNVES71GA7E
516 TME SPECIAL TAXING DISTRICTS(N WHiCH THE PROPERTY IS LOCATED BY CONTACTiNG THE COUNTY
sis ��SURER,BY RE1/1EIMNG THE CERTIFICATE OF TAXES DUE FQR THE PROPERTY,AND BY
sis OBTAINING FURTHER INFORMAT(ON FROM THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY
szo CLERK AND RECORDER,OR THE COUN'[Y ASSESSOR '
szi
Sz2 Buyer shali have the Right to Terminate under§25.1,on or before Of�--Record Titte Objection
5z3 peadiine(§3},based on any unsatisfactory effect of the Property being located within a special taxing district,ln
524 BuyePs sole subjective discretion.
szs
5z6 8.5. R1ght of First Refusai or Contrack Approval.Ifthere is a right of first refusal on the Property,or a
52� r+ght to approve this Contract,Setler shatl promptly submit this Contract acoording fo the terms and conditions of
SZ8 such right.If the hoider of the right of first refusei exercises such right or the holder af a right to approve
529
s3a disapproves this Contract,this Contrad shaii terminate.If the right of first refusai is waived explicitly or expires,or
s31 the Contract is approved,this Contract shalt remain in full farce and effect.Seller shaq promptly notify Buyer in
53 z �ng of the foregoing.lf expiration or waiver of the right of first teiusal or Contract approvat has not occurred on or
533
534 befare Right af First Refusal Deadtine{§3),this Contract shall then terminate.
s�s 8,6. Title Advisory.The Title Documents affect the title,ownership and use of the Property and should be
s36 reviewed carefully.Additionalfy,other matters not reflected in the Title Documents may affect the title,ownership
537
sss and use of the Properiy,including,withaut timitatiort,boundary lines and encroachments,area,zonEng,unrecorded
53g easements and daims of easements,teases and other unrecorded agreements, and various laws and
54o govemmentai regulations conceming tand use,development and envirunmental matters.The surFace estate may
541
saz be owned separately from the underlying mineral estate,and transfer of the surface estate does nof
543 necessarity include transfer of the mineral rights ar water rights.Third parties may hold interests in oil,
� 5� gas, other minerals,geothermal energy or water on or under the Property,which interests may give
` s4s
546 them rights to enter and use fhe Property.Such matters may be excluded from or not covered by the title
sa7 insurance policy.6uyer is advised to timely consult legai counset with respect to alt such matters as there are
sas strict time limits provided in this Gontract[e.g.,Record Titie Objection Deadline(§3}and Off—Record Title
544
sso Objection Deadline(§3)].
ssi
552 9. CURRENT SURVEY REVtEW.
553
ssa 9.1.Current Survey Conditions.if tt�box in§9.1.i or§9.12 is chedced,Buyer,the issuer of the Title
sss Commitment or the provider of the opinion of fitle if an abstract,and
ss5 shalt receive a Current Survey,i.e., improvement Location Certificate, tmprovemerrt Survey Pla#or other form of
ss�
ssa survey set forth in§9.1.2{colfectively, Current Survey),on or before Current Survey Deadifne(§3).The Currerd
ss9 �ryey shall be certified by the surveyor to alt those who are to receive the Current Survey,
560 � 9.1.1.Im rovement location Certiffcate.If the box in this 9.1.1 is checked,�SeUe� ❑Bu er
sbz P § Y
55z shall order or provide,and pay,on or before Closi�,the cost of an Improvemertt Location Certificate.
563 � 9.1.2.�ther Survey,ff the box in this§9.1.2 is checked,a Current Survey,other than an
s64 Condominium or
565
566 Improvement Location Certificate,shall be an�Improvement Survey Plat� Subdlvision Pla ,The
56� parties agree that payment of the cost of the Current Survey and obligation to arder or provide the Current Survey
• 568
s69 shalt be as follows: shalf accompany the title commitment and shall be paid for by Seller
5�0 9.2. Survey Objection.Buyer sha(1 have the right to review and obJect ta the Current Survey.Buyer shall
s�1 have the Right to Terrninate under§25.1,on or before the Current Survey Objection Deadline(§3),if the
s�2
5�3 Current Survey is not timely received by Buyer or based on any unsatisfadory matter with the Current Survey,
�74 notwithstanding§8.2 or§ 13.
575
576
57� DISCLOSURE,INSPECTI�N AND DUE DlUGENCE
578
579
sso 10. PROPERTY QISCLOSURE,INSPECTiON,MDEMNlTY,lNSURABILITY,DUE DtLlGENCE.BUY�R
5s1 DISCLOSURE AND SOURCE OF WATER.
� 58s 10.1. Seller's Property DFsctosure Deadline.On or before Setler's Property pisclosure Deadlirte(�
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ssa 3),Se(fer agrees to deliver to euyer the most curcent version of the applicable Colorado Real Estate Comm'�ssion's
sss Seller's Property Disclasure form compieted by Seller to Selier's actual knawledge,current as of the date of this
586 �ntraCt.
587
sss 10.2. tnspection Objection Deadline.Unless otherwise provided in this Contract,Buyer acknrnvledges
� S89 that Seller is conveying the Properly to Buyer in an"as is"condition,'S�vhere is°and'tivith ail fautts`.Seller shafi
sgo disclnse to Buyer,in writing,any latent defects actuafly known by Seiler. Buyer,acting in good faith,shall have
591
59z the right to have inspections(by one or more third parties, persanaliy or botl�)of the Property and Inclusions
S93 (lnspec6on),at Buyer's expense. tf{1)the physical condition of the Properfy,including but not limited to,the roof,
5g� walis,structurai integrity of tite Properly,the electrical,ptumbing,HVAC arxi other mechanical systems of the
595
59e Property,(2)the physical condition of the Inclusions,(3}service ta the Property(including utilities and
597 communication services},systems and components of the Property,e.g.heating and plumbing,(4)any proposed
Sg8 �r existin trans orta6on ro'ect,road,street or hi hwa ,ar 5 an other activ
599 9 P P 1 9 Y { ) y ity,odor or noise(whether on or aff
50o the Property)and its effect or expected effect on the Property ar fts occupants ts unsatisfactory,in Buyer's sote
6o i subjeetive d+screUon,Buyer shali,on or before tnspection Objection Deadline(§3):
6aZ 10.2.1. Notice to 7erminate.Notify Setler in writing that this Contract is terminated;or
b03
boa 10.2.2. Inspection Objectioa.deliver to Seller a written descxiption of any unsatisfactory physical
5os condition that Buyer requires Seller to conect.
606 Buyer shall have the Right to Terminate under§25.1,on w befa�e lnspection Objection Deadline(§3),
607
bos based on any unsatisfactory physical condition of the Property or Inclusions,in Buyer's sde subjecttve discretion.
609 10.3. lnspection Resolution Deadtine. If an InspecGon ObJection is received by 5etfer,on or before
610 Ins ection Ob'ection Deadline 3 and if Bu er and Seller have not a reed in writin to a se�lement thereaf on
6i1 P 1 �§ )� Y 9 9
6i2 or before,lnspection Resolution Deadline(§3j,this Contract shall terminate on Inspectfon Resotution
613 Deadline(§3), un(ess Seller receives Buyers written withdrawal of the(nspection Objection 6efore such
61a terminatlon,i.e.,on or before expiration of lnspection Resolution Deadline(§3).
615
616 90.4. Damage,Liens and Indemnity.Buyer,except as othe�wise provided in this Contract or other
61� written agreement between the parties,is responsible for payment for a(1 inspectlons,tests,surveys,engineering
618 reports,or any other work performed at Buye�'s request(Work)arul shalt pay for any damage that occurs to the
619
5zo Praperty and Inclusions as a result of such Work Buyer shall not permit claims or liens of any kind against the
6z z Property for Work performad on the Praperty at Buyer's request.Buyer agrees to indemnify,protect and hold
szz Seller harm(ess from and against any liability,damage,cost or expense incurred by Seller and caused by any
6Z3
624 such Work,claim, or lien.This indemnity inctudes Selle�s right to recover all costs and exper�ses incurred by
, bzs SeNer to defend against any such liability,damage,cost or expense,or to enforce this section,including Setler's
6z6 reasonable atfomey fees,legal fees and expenses.The provisions of this section shall sarvive the terminaCwn of
627
� 628 this Contract.
6z4 10.5. lnsurability.Buyer sha(I have the right to review and object to the availabitity,terms and candirions
630 of and premium for property insurance(Property Insurance).Buyer shall have the Right to Terminate under§25.1,
531
baz on of before Property Insurance Objection Deadline(§3j, based on any unsatisfactory provision of the
633 Property(nsurance,in Buyers sole subJective discretion.
` 634 10.6. Dus Diligence Documents.Selter agrees to deliver copies of the following documents a�
635
636 irrformation pertaining to the Properly(Due Diligence Documentsy to Buyer on or before Due Diligence
637 Documents Dellvery Deadline(§3)to the extent such Due Di(tgence Documents exist and are in Seller's
639 Possession:
540 10.6.1. All current leases,induding any amendments or other occupancy agreements,pertaining
641 #o the Property(Leasesj.
54Z 10.6.2. Other dacuments and information:
643
644 Any building permits,a copy of the Certl�cate of Occupancy,house plans,landscaping plans,
sas any approvals from government entities,inspection reparts,radon tests, we!!tests, well
646
s4� permits, warranfies, appltance instructional rs�arranties and any and all documenfs thaf relate
64s to fhe Property and are in Seller's possession..
64g 10.7. Due Difigence Documents Condttions.Buyer shall have the right to review and object to Due
650
65i Diligence Documents,in Buyer's sole suhjective discretion,or Seller's failure ta deliver to Buye�all aue Diligence
6.s2 Documerrts. Buyer sha(I also have the unilateral r(ght to waive any candition herein. .
553 �0.7.1. Due Diligence Documents Objection.Buyer shall have the Right to Te►minate under§
b54
555 25.9,on or befcxe Due Diligence Documents Objection Deadline(§3), based on any unsatisfactory matter
6s6 with the Due Diligence Documents,+n Buyer's sole subjective discretion. tf,however,Due DEltgence Documents
65� are not timely delivered under§10.6,or if Seller fails to deliver aN Due Diligence Documents to Buyer,then Buyer
658
654 shatl have the Right to Terminate under§25.1,on or befare the ea�lier of ten days after bue Diligence
66o Documents Objection Deadline(§3)or Closing. �
661 10.8. Bu er Disclosure. Bu er re resents that Bu er ODoes
662 Y Y P Y oes Not need to se!(and Gose a
55s . property to complete this transactian.
. 664 Note:Any property sale corrtingency should appear in Addi#ional Provisions(§30}.
66s 10.9. Source of Potable Water Residential Land and Residentiat Im rovements On! Bu er
1_ 666 ! p yj• y
� 667 ❑Does �oes Not acknowledae recetpt of a copv of SeltePs Propertv Disclosure qr Source of
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568 , Water Addendum disclosing the source of potable water for the Property.Buyer�Does �o�Not
669
5�o adcnowfedge receipt of a capy of the current weii permiL�There is No Well. Note to Buyer:SOAAE WATER
6�1 PRQVIDERS RELY,TO VARYlNG�GREBS,ON NONRENEWABLE GROUND WATER.YOU MAY W15H TO
si s CONTAC7 YOUR PROVIDER(OR INVESTIGAiE THE QESCRIBED SOURCE)TO QETERM(NE TNE LONG—
674 TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
�' 6�5 10.1Q. Garbon Monoxide Alarms.Note: If the improvements on the Property have a fuet—fired
675 heater or appliance,a fireplace,or an attached garage and in�lude one or more rooms lawfuily used for sleeping
677
5�s purposes(Bedroam),the parties acknowledge that Colorado law requires that Seller assure the Property has an
679 operational carban monoxide alarm instaAed within fifteen feef of the entranc:e to eacf)Bedroom or in a location as
sso r uired b the a plicable buildin code.
�81 e9 Y P 9
s82 14.11. Lead--Based Paint Uniess exempt,if the improvements on tfle Property include one or
6s3 more residentiat dwellings for which a buitding permit was issued prior to January 1, 197$,this Contract shall be
5sa void unless(ij a completed Lead—Based Paint Disclosure(Sales)form is signed by Seller,the reyuired real
685
6s5 estate licensees a�d Buyer,and(2}Setler receives the completed and fully executed form prior to the Ume when
6s7 this Contract is signed by all parties.Buyer adcnowledges timely receipt of a completed Lead—Based Paint
� 6$8 Disclosure(Sales)form signed by Seller and the rea!esfate licensees.
&89
s90 10.12. Methamphetamine Qisclosure. If Seiler knows that methamphetamine was ever
691 ��,nufactured,processed,cooked,disposed of,used or stored at the Property,Seiler is required to disclose such
s92 fact.No disclosure is required if the Property was remediated in accordance with state standards and other
693
6sa requirements are fulfilled pursuant to§25-18.5-=102,G.R.S.Buyer further acknowtedges that Buyer has the
s95 right to engage a ce�fified hygienist or industrial hygienist to test whether the Property has ever been used as a
6gs methamphetamine laboratory.Buyer shall have the RigM to Terminate under§25.1, upon Seller's receipf of
647
698 BuyeTs written notice to terminate,notwithstanding any other provision of this Contract,based on Buyers test
6g� results that indicate the Property has been contaminafed with methamphetamine, but has not been remediated to
704 meet the standards established by rules of the State Board of Heaith promulgated pursuant to§25-18.5-102,
�o�
�pz C.R.S.Buyer shali promptly give written notice to Selier of the resutts of the test.
703
' �os �1. COLORADO FORECLOSURE PROTECTION ACT.The Colorado Foreclosure Protection Ad(Act)
705 generally appiies i�(1}the Property is res'idential,(2}Seller resides in the Property as Seller's principal residence,
7a� (3)Buyer's purpose in purchase of the Property is not to use the Properfy as Buyer's persona!residence,and(4)
70$ the Property is in foreclosure or Buyer has notice that any loan secured by the Property is at least thiriy iiays
709
710 delinquent or in defauit, if the trartsaction is a Short Sale transa�tion and a Short Sale Addendum is part of this
�11 Cantract,the Act does not apply,Each party is further advised to consult an attomey.
� 712 `
713
�14 CLOSING PROVISIONS
�15
716
�1� i2. CLOSING QOCUMENTS,INSTRUCTIONS AND CLOStNG.
718 12.1.Clasing Documents and Ciosing Information.Seller and 8uyer.shali cooperate with the Ctosing
719
�Zo Company to enable the Closing Company to prepare and deliver documents required for Ciosing to Buyer and
�Zi Seller and their designees. If Buyer is obtaining a new loan to purchase the Property,Buyer acknowiedges
�zZ Buyer's lender shall be required ta provide the Closing Company in a timely manner all required taan documents
7i4and financiai information concemfng Buyers new toan.Buyer and Seller wilt fumish any additional information and
�z5 documents required by Glosing Company that wiil b�necessary to complete this transaction.Buyer and Seller
�26 shaU sign and cornp(ete ait customary or reasonably required documents at or before Ciosing.
727
�28 12.2.Ciosing lnstructions.Buyer and Seiler agree to execute the Colorado Real Estate Commission's
�29 Closing Instrudions.Such Glosing Instructions�Are �Are Not executed with this Contract Upon mutual
73� execution,�5elier ❑Buyer shali detiver such Closing Instructions to the Closing Company.
�3z l2.3:Closing.Delivery of deed from Seller to Buyer shail be at dosing(Closingj,Ciosing shall be on the
�33 date specfied as the Closing Date(§3j or by mutual agreement at an earlier date.The hour and plac�e of Closing
�3s shall be as designated by Land Title Guarantee Company
�ss 12.4.Disclosure of Settiemeni Costs.Buyer and Sefler acknowiedge that costs,quality,and extent of
73� service vary between different settlement service providers(e.g.,attomeys,lenders,inspectors and title
738
73g Corttpenies),
74Q
�41 13. TRANSFER OF TITLE.Subject ta tender of payment at Ciosing as required herein and comptiance by
�az
�43 Buyer with the other teRns and provisions hereof,Seller shafl execute and deliver a good and sufficient
744 genera/warranty deed to Buyer,at Closing,conveying the Property Free and dear of all taxes except
745 the eneral taxes for the ear of Closin Exce t as provided herein,titie shalt be conv ed free and clear of all
7a5 9 Y 9• P eY
�4� liens,including any govemmental liens for special improvements installed as of the date of Buyer's slgnature
74$ hereon>whether assessed or not.Tftle shall be conveyed subject to:
749 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the
750
�.+. �sz Title Documents accepted by Buyer in accordance with Record Title Matters(§8.1},
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?5z 13.2. Distribution utility easements(including cable'Rn,
sa13.3. Those specificaity described righfs of third parties not shown by the public recorcls of which
�ss Buyer has actual knowledge and which were accepted by Buyer in accordance with Otf-Record Title Matters
�s6
�. 757 {§ $.2)and Current Survey Review(§ 9),
�5s 13.4. Inciusion of the Property within any specia!taxing district,and
, �59 13.5. Otiier no other
760
761
�6Z 14. PAYMENT OF ENCUMBRANCES.Any encumbranoe required fo be paid shall be paid at or taefore
763 Closin from the roceeds of this transac�tion or from an nther source.
764 g P Y
i65
766 ��. CL05tNG COSTS,CLOSING FEE,ASSOCIATtON FEES AND TAXES.
767
768 15.1. Ciosing Costs. Buyer and Seller shal(pay,in Good Fu�ds,their respedive dosing costs and
769 all other items required to be paid at Giosing,except as etherwise provided herein.
��� 75.2. Ctosin Services Fee. 7he fee for real estate closing servic�s,shatl be paid at Gtosing by .
771
��z ❑Buyer �Setler One-Half by Buyer and One-Half by Selter
774 ❑Other '
��S 15.3. Status Letter and Transfer Fees. Any fees incident fo the issuance of Association's
776 ��ement of assessments{Stafus Letter)shall be paid by�Buyer {�Setler ❑O�e-Half by Buyer and
778 One-Half by Setler. ❑None. Any fransfer fees assessed by the Association induding,but not limited to,any
� ��9 record change fee,regardless of name or titie of such fee(Association's Transfer Fee)"shai(be paid by❑
7�� Buyer �Seller ❑ One-Half by Buyer and One-Half by Selter ❑None.
�sz 15.4. Loca!Transfer Tax. ❑The Local Transfer Tax of qo of the Parchase Price
783 shal)be paid at Closing by�Buyer ❑Seller ❑One-Half by Buyer and One-Hatf by Seller. �Ptone.
784 15.5. Private Transfer Fee. Priva#e transfer fees and other fees due to a transfer of the Property,
�S5
�s5 payabte at Closing,such as community associa#ion fees,developer fees and foundation fees,shali be Paid at
7S7 Closing by�Buyer�Seller ❑One-Half by Buyer and One-Hatf by Sellec�lone.
�as
��4 15.8. Sales and Use Tax. Any sales and use tax that may accrue because of this transacFio�
790 shall be paid when due by I�Buyer ❑Selter ❑One-Haif by Buyer and One-Half by Seller.�lone.
791
793 16. PRORATIONS.7he foliowing shall be prorated to Closing Date,(§3), except as otherwise provided:
794 �16.1. Taxes. Personal property faxes,if any,special taxing district assessments,if any,and general
� 795
796 real estate taxes for the year of Closing,based on�Taxes far the Calendar Year Immediatety Preceding
74� Cl�ing �Most Recent Mill Levy and Most Recent Assessed Valuation,adjusted by any applicable
79g uali in seniors ro e tax exem tion,or 0 Other
7g4 U fY 9 A P rt5+ P .
soo 16.2. ReMs.Rents based on 0 Rents Actually Received Accrued.At Closing,5eller shall
80� transfer or credit fo Buyer the security deposits for all Leases assigned,or any remainder after tawtul deductions,
Sos and rrotify aH tenants in wri6ng of such tra�sfer and of Ehe#ransferes's name and address.Setler shall assign to
soa Buyer all Leases in effect at Closing and Buyer shall ass.ume Seller's obligations under such Leases. '
sos 16.3. Association Assessme�ts.CurrenC regular Association assessments and dues{Association
so� AssessmeMs)paid in advance shall be credited to Seller at Closing.Cash reserves held out of the rsgula�
aoa Association Assessments for deferred maintenance by the Association shall not be credted to Seiler except as
sos may be otherwise provided by the Goveming Documents.Buyer acknowiedges that Buyer may be obligated to pay
8i° the Association,at Ciosing,an amount for reserves or working capital.Any s ecial assessment assessed prior to
Si2 Closing Date(§3}by the Association shai(be-the obtigation of�Buyer �eller.Except however,any
ai3 special assessment by the Associadan far improvements that have been installed as ot the date of Buyer's
824
815 signature hereon,whether assessed prior to or after Ciosi�,shatl be the obiigatlon of Seller.Seller represents
a16 fhat the Association Assessmerrts are curcerrtiy payable at$ 275.00 per month and that there are no
gl� unpaid regular or special assessments against fhe Property excepf the current reguiar assessments and no
s18
eis ofher.Such assessments are subject to change as provided in the Governing Documents.Selier agrees to
szo promptly request the Association to deliverto Buyer befnre Closing Date(§3}a current Status Letter.
aZl 16.4. Other Prorations.Water and sewer charges,interest on continuing loan,and no otfter.
82Z
g23 16.5. Final Settlement.Uniess othervvise agreed in writing,these prorations shall be finat.
824 .
BZS 17. POSSESSION.Possession af fhe Property shall be detivered to Buyer on Possesston Date(§3)at
sz6
82� Possession Time(§3),subject to the foilowing Leases or tenanciss:
82g none � •
s3o If Setier,after Closing,faiis fo deliver possession as specified,SeNer shal(be subjed to eviction and shaU be
83 i addrtionaliy liable t�Buyer for payment of$ 5D0.00 per day(or a�y part of a day notwithstanding
s32 §18.1)from Possession Date(§3}and Possession Time(§3)until possessEon is delivered.
833
/ a3a Buyer�Does �Does Not represent fhat Buyer will occupy the Property as Buyer's principai residence.
635
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836
s37 GENERAL PROVISIDNS
838
saa 18. DAY;COMPUTATION OF PER10D OF DAYS,DEADUNE.
s41 18.1.Day.As used in thls Contract,the term"day"shaii mean the entire day ending at t 1:59 p.m.,Unifed
, 842 Sfates Mountain Time(Standard or Daylight Savings as applicablej.
843
. 844 18.2.Computation of Perfod of Days,Deadline.In compu��g a period of days,when the eRding dafe .
s45 is not specified,the first day is exduded and the last day is included,e.g.,.three days after MEC. !f any deadline
847 falis on a Saturday,Sunday or federal or Colorado state hoiiday(Holiday),such deadiine 0 Shall ❑Shaq Not
saa be extended to the next day that is not a Saturday,'Sunday or Holiday,Shouid neifher_box be checked,Yhe
849 deadtine shall not be extended.
ssa
ssi
852 19. CAUSES OF LOSS,INSURANCE;CONDlT(ON OF,DAMAGE TO PROPERTY AND INCLUSIONS AND
$53 WALK—THROUGH.Except as othervvfse provided.in this Contract,the Property, inciusions or both shali be
ssa delivered in the condition exisiing as of the date of this Contract,ordinary wear and tear excepted.
8S5
as6 19.7. Causes of Loss,lnsurance. In the even!the Property or Inclusions are damaged by fire,other
8S7 perils or puses of loss prior to Closing in an amount of not more than ten percent of the total Purchase Pr(ce
ssa �p�.operty Damagej,Seller shal!be obiigated to repair the same before Closing Date(§3).In the event such
859
aso damage is not repaired within said time or if the damage exceeds such sum,this Contract may be terminated at
a61 the optian of Buyer.Buyer shaU have the Right to Terminate under�25.1,on or before ClosFng Date(§3), based
$6Z on any Property Damage not repaired before Closing Date(§3).Shouid Buyer elect to carry vut this Contract .
863
ssa despite such Property Damage,Buyer shall be entitied to a credit at Ciasing for ait insurance proceeds thaf were
s55 ��ived by Seiler(but not the Association,if any)resulting from such damage to the Property and lnciusions,pius
, 866 the amount of any deductlbie provided for in such insurance poticy.Such credlt shall not exceed the Purchase
867
868 Price.tn the event Seller has not received such insurance proceeds prior to C�osing,the pafies may agree to
669 extend the Closing Date(§3)or,at the option of Buyer,5elier shali assign such proceeds at Closing,plus credtt
B70 Buyer the amount of any deductible provided for in such insurance policy, but not to exceed the total Purchase
S71
s�2 Price.
873 99.2: Damage,lnclusions and Services.Should any!nclusion or senrice(including utilities and
87� communication services s tems and com one�ts of the Pro e
g�s ), ys p p rty,e.g.,heating or plumbing,fai!or be damaged
875 between the date of fhis Contract and Closing or possession,whichever shatl be eartier,then Seller shait be tiaWe
B77 for the repair or repiacement of such Indusion,service,system,component or fixture of the Property with a unit of
a7s similar size,age and quality,or an equiva(ent cred�, but only to the extent that the maintenance or replacement of
879
� eso such Inclusion,service,system;componenf or fixture is not the responsibility of the Association,if any,iess any
BBl insurance proceeds received by Buyer cavering such repair or repiacement.Seller and Buyer are avu�are of the
e�z existence of pre—owned home warranty programs that may be purchased and may cover the repair or.
883
asa replacement of such lnclusions.
88S 19.3. Condemnation.In the event Seller neceives actual notice prior to Closing that a pending
886 condemnation action may result in a taking of al!or part of the Property or Inclusions,SeNer shalf promptiy notify
as7
sss Buyer,in writing,of such condemnatian action. Buyer shall have the Right to Terminate under§25.1,on or befo�e
889 Closing Date(§3), based on such condemnation action,in Buyer's sote subjective discretlon.Shouid Buyer elect
89� to consummate fhis Gontract despite such diminution of value to the Property and Inclusians,Buyer shatt be
891
s9z entitled to a credit at Ciosing for all condemnation proceeds awarded to Selier for the diminution in the value of the
893 Property or Inc(usions but such credit shail not include relocation benefits or expenses,or exceed the Purchase
894 Price. �
895
896 19.4. Walk—Through and Verification of Conditian.Buyer,upon reasonable nofice,shall have the
897 right to walk through the Property prior to Closing to verify that the physicat conditian of the Prnperty and
898 Inciusions complies r4rith this Contract.
899 ,
940
901 20. RECOMMENDATt�N OF lEGAL AND TAX COUNSEL By signing this documenf,Buyer and Seller
902 acknowledge that the respective broker has advised that this documertt has important legai consequences and
903
904 has recommended the examination of tltie and consultation with legal and tax or other counsel before signing this
905 COntract.
906
907
9ps 21. TIME OF ESSENCE,DEFAULT AND REMEDIES..Time is of the essence hereof. if any note or chedc
90g received as Eamest Maney hereunder or any other payment due heneurtder is not paid,honored or tendered when
910 dae,or if any obliga6ort hereunder is not perfortned or waived as herein provided,there shali be the following
911
91z remedies:
913 � 21.t. if Buyer is in Default:
914 � 21.1.1. S ecific Performance.Seiler ma elect to treat this Contract as canceled,in which
915 p Y
9i6 case all Eamest Money(whether or not paid by Buyer)�shall be paid to Setler and retained by Seiler,and Selier
917 may recuver such damages as may be proper,or Seiler may elect to treat this Contract as being in fuN force and
918 effect and Seiler shaU have the ri M to s ecific rFormance or dama s or both.
919 9 . P Pe 9e ,
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9zo 21.1.2. Liquidated Damages,Applicabie.This§21.t.2 shall apply unless the box in&21.1.1.
9z1 is checked.Ali Eamest Money(whether or not paid by Buyerj shalt be paid to Seiler,and retained by Seller.Both
9z3 parties sha(!thereafter be released from all obligaftons hereunder.It is agreed that the Earnest Money specified in
s2a §4.1 is LIQUlDATED DAMAGES,and not a penalty,which amount-the parties a�ee is fair and reasonabfe and
� } 926 (except as provided in§§ 10.4,22,23 and 24),safd payment of Eamest Money shat!be SELLER'S SOLE AND
gZ7 G1NLY REMEDY for Buyer's faiture fo perform the obligations of this Contrar,t.Setier expressly waives the
sz$ remedies of speciflc performance and additional damages. �
929 21.2. tf Seller is in Default:Buyer may elect to treat this Confracf as canceled,in which case aii
g3o Eamest Mone received hereunder sha!!be retumed and B er ma recover such dama es as ma be ro
s3i Y uy Y g y p per,or
932 Buyer may elect to treat this Contrad as being in futt force and efFect and Buyer shalt have the righf to specific
933 performance or damages,ar both.
934
935
936 22. LEGAL FEES,COST AND EXPENSES.Anything to the contrary herein not�eririthstanding,in the event of
937 any arbitration or titigation relating to this Contract,prior to or after Ciosing Date{§3),the arbitrator or court shaH
g3s award to the rEVailin
939 P S party all reasonable costs and expenses,induding attamey fees,legal fees and expenses.
940
9a1 23. MEDtAT10N. if a dispute arises reiating to this Coritract,prior to or after Ciosing,and is not resolved,the
943 P���shalf first proceed in good faith to submit the matter to mediation.Metlia6an is a process in which the
saa parties meet with an impartia!person who helps to resolve the dispute informalty and oonfidentialiy.Mediators
945 cannot impose binding decisions.The parrties to the dispirte must agree,in writing,before any settlement is
g46 bindin The arties wiN ointl a oint an acce table mediator and wiil share e uall in the cost of such
947 9• P 1 � Y pP � P 4 Y�
gas mediation.The mediaSon,unless othenvise agreed,shafl terminate in the event the entire d(spute is not resolved
949 within thirty days of the date written notice requesting mediation is delivered by one party to the other at the
qs° party's last known address.This section shaH not alter any date in this Contract,unless otherwise agreed.
952 .
953 24. EARNEST MONEY DtSPUTE.Except as othervvise provided herein, Eamest Money Hotder shalt release
955 �the Eamest Money as directed by written mutual instructions,signed by bath Buyer and Sefler. !n the event of any
55s controversy regarding the Earnest Money(notwithstarxiing any termination of#his Contracf},Eamest Money
957 Holder sha0 not be required to fake any action.Eamest Money Holder,at its option and sole subjective discretion,
95$ ma 1 await an roceedin 2 inte lead all arties and de osit Earnest Mone into a court of cam etent
959 Y� ) YP 9, I )� rP P P Y� R
960 jurisdiction and shall recover court costs and reasonab(e atFomey and legat fees,or(3)provide notice to Buyer and
961 Seller that unless Earnest Money Holder receives a copy of the Summons arid Complaint or Ctaim(between Buyer
�63 and Seller)containing the case number of the lawsait(L.awsuit}within one hundred twe�y days of Eamest Money
� 954 Holders notice to the parties, Eamest Money Holder shatt be authorized to retum the Eamest Money to Buyer. In
965 the event Eamest Money Holder does receive a copy of the Lawsuit,and has not interpled the monies at the time
966 �an Order,Eamest Mone Holder shall disburse the Earnest Mone
967 Y Y y pursuant to the Order of the Court.The
9ea parties reaffirm the obligation of Mediation (§23).The provisions of this§24 apply onty if the Eamest Money
964 yotder is one of the Brokerage Firms named in§33 or§34.
970
97i
5�2 25. TERMINAT(ON.
973 25.1.Right to Terminate. If a party has a right to terminate,as provided in this Contrad(Right to
974 Terminate the termination shall be effective u n the other
g�5 ). po party's receipt of a wriften notice to terminate(Notice
576 to Terminate),provided such written notice was received on or before the applicable deadiine speafiied in this
97� Contract, If the Notice to Terminate is not received on or before tha speafied deadline,the parly with the Right to
979 Terminate shall have accepied the specified maifer,document ar oonditlon as satisfactory and waived the Right to
9so TeRninate under such provision.
981 25.2.Effect of Terminatfon.In the event this Contract is terminated,al!Eamest Money received
q83hereunder shaA be retumed and the parties shall be relieved of all obligations hereunder,subJect to§§ 10.4,22,23
9$a and 24. "
985
986 26. ENTtRE AGREEMENT,MODIFlCATION,SURVIVAL.This Confract,its exhibits and specified addenda,
�sa c�nstitute the entire agreement between the parties relating to the subjecf hereof,and any priar agreemenfs
g8g pertatrring therefo,whether oral or written,have been merged and integrated into this Contract.No subsequent
gs� modification of any of the terms of tfiis Gontract shall be valid,binding upon the parties,or enforceable unless
95z made in writing and signed by U�e par6es.Any obligafion in th)s Cantract that,by its terms,is intended to be
9g3 performed after#ermination or Closirtg shall survive the same.
994
995
996 27. NOTiCE,DEUVERY,AMD CHOICE OF LAW.
g97 27.1.Physlcal Delivery.All notices must be in writing,except as prwided in§27.2.My document,
499 including a signed document or notice,from or an behalf of Sell�,and detivered to Buyer shall be eifective when
i000 physically received by Buyer,any signatory on behalf af Buyer,any named individual of Buyer,any representative
i ooi of Buyer,or Brokerage Firm of Broker working with Buyer(except for delivery,after Ciosing,of the notice
1602
' iooa requestir�g mediation described in§23)ar�d except as provided in§27.2.My document,inctuding a signed
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iooa document or notice,from or on behalf of Buyer,and delivered to Seller shall be effecUve when physically received
ioo5 by Seller,any signatory on behaff of Seller,any named individual of Seller,any representative of Selier,or
SOD6 grokera e Firm of Broker worktn with Sefler exce t for delive
ioo� 9 9 ( p ry,'after Ctosing,of the noqce requesting mediation
ioos described in§23)and except as provided in§27.2.
��°' loa9 27,2,Electronic Delivery.As an altemative to physical delivery,any document,including any signed
1 o1Q document or wrftten notice,may be delivered in electronic form only by the following indicated methods:
1012 �Facsimile �E-mail ❑ internet ❑No Electronic Delivery.if the box"IVo Electronic Delivery°is
ioi3 �ecked,this§27.2 shall not be appl3cable and§27.9 shall govem no6ce and delivery.Documents with originai
1014
iois signatures shall be provided upon request of any party.
ioi6 27.3.Choice of Law.This Contract and all disputes arising hereunder shall be govemed by and construed
i oi 7 �n accordance with the laws of the S#ate ot Colorado that would be appticable to Colorado residents who sign a
lois contract in Colorado for property located in Colorado.
iozo
lozi 2g. NOTICE OF ACCEPTANCE,COUN7ERPARTS.This proposal shall expire unless accepted in writing,by
1022 Bu er and Selter,as evidenced b their si natures below,and the offerin
i oz s Y Y 9 g party receives rtottce of such
loza acceptance pursuarrt to§27 on or before Acceptance Deadline Date(§3)and Acceptance Deadline Time(§
' iozs 3).If accepted,this document shall become a contract between Selier and Buyer.A copy of this document may
iQ26 be executed b each a
102� Y p rty,separately,and when each parry has executed a copy thereof,such copies taken
io2s together shalt be deemed to be a fuN and complete contract between the partles.
1029
ioso 29. GOOD FAITH.Bu er and Seller ack�owled e that each a has an obli ation to act in ood faith includin
iosi Y 9 P �Y 9 g g,
iosz but not limited to,exercising the rights and obligations set forth in the provisions of Financing Conditions and
1033 Obligations(§5j,Record Tftle and Off—Record Title Matters(§8j,Current Survey Review(§9)and
1�34
2p35 Property Disclosure,Inspection,Indemnity, Insurability,Due Diligence,Buyer Disciosure and Source of
1036 Water(§10).
1037
1038
1039 ADDITIONAL PROVtStONS AND ATTACHMENTS
1044
1041
�p4Z 30. _ ADDITIONAL PROVISIONS.(The following additional provisions have not been approved by the Colorado
1043 Real Estate Commission.)
1044 pa�9�ph 6.1 above shall be delefed in its enfirety.
ioas
1046
ioa� paragraph 6.2 above shall apply and the following shal/be added:
1048
� 1049
ioso Buyer`s Appraisal Contingency. The appraisal contingency set farth in Paragraph B.2 of the
i osi Confract shal!app/y as follows.If Buyer is not able to substantiate on or before the Appraisal
iosz Deadline that the value of the ro e is ual to or more than the urchase nce Bu er ma
ioss A A �Y� e9 P A � , Y Y=
i osa upon written notice to the Seller, terminate this Contract whereupon Buyer shall be entitled to a
i oss prompt return of all Eamesf Maney paid.
1056
1057
i oss Board of County Commissioner Approval.Nofwifhstanding the signature hereto by fhe County
ios9 Manger, the obligation of Buyer to perform hereunder is expressly conditioned upon the adoption
i a6� by Buyer of a Pitkin,County Board of Counfy Commissioners'ordinance(°BOCC Approval')
I062 authorizing Buyer's purchase of the Property pursuant to this Contract tn the event such
1063 ordinance is not duly adopted by Buyer on or before jinsert datej or any extension thereof as fhe
1064 parties ma ,in wrftin a ree,either Selier or Bu er ma upon written notice to the other
io6s Y 9. 9 Y Y, .
1066 terminafe this Contracf.Buyer shall deliver the Eamesf Money Deposit to Earnest Money Holder
106� within 3 business days of BOCC Approval./n fhe event such ordinance is time/y adopted,Buyer
io6s shal/formally ratify this Cantract by the signature of the Chairman ar designee of the Pitkin
1069
io�o County Board of County Commissioners.
10�l 31. A7TACHMENTS.The following are a part of this Contract:
10�2 Addendum A ta Contract to Bu and Sell Rea1 Estate
io�s y
io7a Note:The following disciosure forms are attached but are not a pa�t of this Contract None
io�s
1076
�o» r S��NAT��S
1078
- 1079
ioso Date:
iosi Buyer.Board of County Commissioners of PFtkin County
iosz By:Jon Peacock, County Manager
1083
iosa Address:
ios5 Phone: Fax: �
"'�`'� iDa6 Electronic Address:
� ios�
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iD88
1089
1090
i o91 [NOTE: If this offer is being cour�tered or rejected,do not sign this document Refer to §32]
1092
1093
�� 1094 DBiB:
ioss Seller:MaryHyde Mi!lard
1096 Address:
1097
1098 Phone: F�=
Electronic Address:
32 � COUNTER;REJECTION.This offec is�Countered ❑Rejected.
Initials only of,party(Buyer or Seller)who countered or rejected offer �
Mary Hyde Millard
END OF CONTRACT TO BUY AND SELL REAL ESTATE
33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Broker working with Buyer)
Broker ❑ Dces � Dces Not acknowledge receipt of Eamest Money deposit and,whfle not a party to the
Contract,agrees to cooperate upon request'with any mediation concluded under§23.Broker agrees that if
Brokerage Firm is the Eamest Money Holder and,except as provided in§24,if the Earnest Money has not
already been retumed following receipt of a Notice to Terminate or other written noBce of terminatian,Eamest
Money Holder shail release the Eamest Money as directed by the written mutual instructions.Such release of
Eamest Money shall be made within five days of Eamest Money HoldePs receipt of the executed written mutual
instructions,provided the Eamest Money check has cleared.Broker agrees that if Eamest Money Holder is other
than the Brokerage Firm identified in§33 or§34,Closing Instructions signed by Buyer,Seller,and Eamest
Money Holder must be obtained on or before delivery of Eamest Money to Eamest Money Holder.
M
Broker is working with 8uyer as a� Buyer's Agent ❑ Seller's Agent ❑ Trensaction�roker in this
� ` transaction.0 This is a Change of Status.
Brokerage Firm's compensation or commission is to be paid by� Listing Brokerage Firm
�Buyer 0 Other
Brokerage Firm's Name: Aspen Snowmass Sofheby"s Internationa!Realty
�����-�iG'�s,I
Date: 9/21/2012
eroker's Name:Sa//y Shiekman-Miller
Address:495 East Hyman Avenue Aspen, CO 81611
Ph:970-925-6060 Fax: 970-920-9993 Email:sally@sallyshiekman.com
34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Brdcer working with Seller)
Broker ❑Does �Does Not acknowledge receipt of Eamest Money deposit and,while not a party to the
Contract,agrees to cooperate upon request with any mediation concluded under§23.8roker agrees that if
8rokerage Frm is the Eamest Money Holder and,except as provided in§24,if the Eamest Money has not
already beeri retumed following receipt of a Notice to Terminate or other written notice of termination,Eamest
Money Holder shall release the Eamest Money as directed by the written mutual instructions.Such release of
Eamest Money shall be made within five days of Earnest Money Holde�s receipt of the executed written mutual
instrucqons,provided the Eamest Money check has cleared.Broker agrees that if Eamest Money Hdder is other
than the Brokerage Firm identified in§32 or§33,Closing Instructions signed by Buyer,Seller,and Eamest
Money Holder must be obtained on or before delivery of Eamest Money to Eamest Money Holder.
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Broker is working with the Seller as a I� Seller's Agent ❑ Buye�'s Agent ❑Transaction-Broker in this
transaction.�This is a Change of Status.
Brokerage Firm's compensation or commission is to be paid by�Seller 0 Buyer�Other
Brokerage Firm's Name: Aspen Associates Realty Group,LLC
' Date:
Broker's Name:Co/ter Smith
Address:510 East Hyman Avenue,Suite 21 Aspen, CO 81611
Ph: 9705445800 Fau: Email: csmith@sopris.net
CBS1-10-11.CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL)
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� CBSl-10-11. CONTRACT TO BiJY AND SELL REAL ESTATE- Residential Page 15 of 15
Buyer(s)Initials Seller(s)Initials
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Aspen Et Sotheb 5 Aspen Snowmass Sotheby`s Internationai Realty
{ Y Saliy Shiekman-Miller
Snowmass S IHT[4NAT�ONRl11FAlT'
Ph: 970-925-6060 Fax: 970-920-9993
ADDENDUM^A"
TO CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL) •
RE:Contract dated 09h9/2012 between Mary Hyde Millard ,as Seller
Board of County Commissioners of Pitkin County ,as Buyer,relatlng to'the sale and
purchase of the Property known as:
603 Wren Court Basa/t CO 81621
This Addendum("Addendum")is hereby made a part of this Contrack In the event of a conflict between this
Addendum and the Contract,this Addendum shall prevail.
1. §2.1.BUYER Buyer may designate or re-designate the form of tenancy in the Closing Instructions. Failure
to designate shall not cons6tute a defauft and authorizes the Closing Company to utilize the selection in§2.1,
or if none is seleded,to indicate Tenants(n Common in equai proportions.. •
2. § 2.5. INCLUSIONS. Uniess explicitly exciuded by § 2.6 or another provision of this Contract, or unless
Buyer and Seller agree otherwise in a settlement of an Inspection Objection or other subsequent amendment of
this Contract, any carbon monoxide alarms on the Property on the date of this Contrad(whether plugged into
an outlet,wired into the electrical system,or otherwise located on or attached to the Propei-ty on such date)are ,
part of the Inclusbns to be transferred to Buyer under this Contract.The deed to be delivered at Closing shall be
deemed to assign to Buyer all assignable warranties regarcling the Property or Indusions. •
3. §4.2.EARNEST MONEY. Eamest Money Holder Is hereby authorized and instructed to place the Earnest �
Money into an Interes�bearing account at a federally insured bank or financial institution. If the purchase and
sale contemplated by this Contract closes,then ail interest shall be for the benefit of Buyer. If Buyer becomes
entltled to a retum of the Eamest Money under the provisions of this Contract,then all interest shall belong and
be paid to Buyer concurrently with the retum aF the Eamest Money. If Selier becomes entitled to retain the
Eamest Money under the provisions of this Contract, then all interest shall belong and be patd to Seller
� concurrently with the delivery of the Eamest Money..
� 4. §6.1.LENDER PROPERTY REQUIREMENTS.§6.1 of the Contract is hereby deleted.
5. § 7.3. HOMEOWNERS' ASSOCIATION DOCUMENTS. If the box tn § 7.3.2.2 is checked, Seller remains
obligated to cause the Associafion Documents to be delivered to Buyer on or before the Associatfon
Documents Deadline.
6. §8.2.OFF-RECORD TITLE MATTERS.The documents to be delivered by Selier to Buyer on or before the
Off-Record Title Deadline pursuant to§8.2 shall inciude copies of any improvement location certificate(s) in
Seller's possession pertaining to the Property.
7. § 8.5. RIGHT OF FIRST REFUSAL OR CONTRACT APPROVAL If the provisions of§ 8.5 are applicable
because of the existence of a right of flrst refusal on the Property or a right to approve this Contract, Buyer shall
have the right to extend the Right of'First Refusal Deadline by five (5) calendar days in order to obtain
expiration or waiver of the right of first refusal or Contract approval.To exercise such right, Buyer must deliver
written notice of such extension on or before the Right of First Refusal Deadline, as initially established. If
5eller does not receive Buyer's notice of extension by such date, the Right of First Refusal Deadline shall
not be extended.
8. 10.7.DUE DILIGENCE — DOCUMENTS. The Due Diligence Documents contemplated by § 10.6.2, if this
Addendum is attached to a Contract to Buy and Seli Real Estate on form CBS1-10-11, or by § 10.6.14 ff4his
Addendum is attached to a Contract to Buy and Seil Real Estate on form CBS2-10-11, CBS3-10-11 or CBS4-
10-11, which are to be delivered by 5eller to Buyer on or before the Due Diligence Documents Delivery
Deadline, shall indude copies of any of the foliowing, to the exteM the foilowing exist and are in Seller's
possession: utility bilis relating to the Property for the last 12 months; any archttectural drawings, blueprints or
other plans or speciflcations regarding any improvemerrts on or to the Property(induding but not limited to any
as-built construction plans therefore); any warranties, manuals, instructional brochures or similar materials
relating to the Property or Indusions, or their use, operation or maintenance; and, if a well exists on the
`~ Addendum"A"to Contract to Buy and Sell Real Estate(CBS1-5-09).This addendum has not been approved by the Colorado Real Estate
Commission(CREC).It was prepazed and�2012 by Frascona,Joiner,Goodman and Greenstein,P.C.(303-494-3000)legal counsel,for
the exclusive use of Aspen Snowmass Sotheby.All rights reserved. Page 1 of 3
Buyer(s)Initials Seller(s)Initials
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1 = . � . . .
Property, a CREGapproved Listing Firm's Well Checklist completed by Seller, curcent as of the date of the
Corrtract.In addition,if this Contract is attached to a Contract to Buy and Sell Real Estate on fortn CBS1-10-11,
the Due Diligence Documents to be so delivered by Seller to Buyer shall also include copies of the fdlowing,to
the exterrt the following exist and are in Seiler's possession: any property tax statemerrts relating to the
, Property for the last 2 years; any certificate(s) of occupancy or other govemmental approval(s) regarding any
improvements on or to the Property;and any inspection,engineering,environmentai(induding but not limited to
radon or mdd),sai,drainage,percolation or similar reports,studies or test results relating to the Property.
9. § 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY INSURABILITY DUE DIUGENCE BUYER
DISCLOSURE AND SOURCE OF WATER. Buyers rigM to object and/or terminate under § 102 and/or §
10.7.1 shail not be limited to Buyers satisfaction with the physical condition of the Property and Inclusions or
the Due Dil'�gence Documerrts, or any other matters specified in clauses (1) through (5) of § 102; rather,
Buyers right to object and/or terminate under each of§§ 10.2 and 10.7.1 shall include investigating, reviewing
and becoming satisfied with ANY feature of or matter relating to the Property; the Indusions or the Due
Diligence Docirnerrts and ANY other factor deemed by Buyer to be relevant to Buyers acquisition of the
Property and Inclusions, induding, without limitation, the actual lot size, location and square footage of
improvements, building, zoning and allowed use regulations, well (flow rate, capacity, depth, recovery rate,
suitability for Buyers needs, exempt status such as household, domestic, .etc., water quality, potability,
location on Property, etc.), septic(useful life of the system, capacity and suitability for size of house, pumping
needs, location on Prnperty, etc.), leach field(adequacy, location on Property, percolation, etc.),environmerrtal
(such as presence on the Property of mold, radon gas, asbestos, petroleum products, methamphetamine
and/or byproducts from the production of inethamphetamine - and the euyers right to object and
terminate under this Contract provision applies, inter alia, even if inethamphetamine coritamination has been
remediated to meet the standaMs established by rules of the State Board of Health promulgated pursuant to§
25-18.5-102; C.R.S.—or other hazardous substances or materials) or soils matters, the presence or absence
on or about the Property of radiant heating systems(e.g. Errtran II), electromagnetic fields (proximity to power
lines), termites or other infestations, exterior insulatlon and finish systems (e.g. artlficial stucco), pdybutylene
pl�nbing materials,roofing materials(e.g.Woodruf shingles),proximity to a flood plain or hazardous waste site,
the presence and location on the Property of carbon monoxide alarms, the availability and quality of schools,
the impact of air traffic, the dues,f�ees, taxes or similar charges that are or may be assessed or levied by any
applicable association or taxing authority, crime statistics (such as "Megan's Law" which provides that
information conceming the location of knrnvn sex offende►s be available from local law enforcement),and other
similar matters.The phrase, "in Buyer's sole subjective discretion"is hereby amended in each place it exists In
� §§ 10.2, 10.5 and 10.7 to instead read,"in Buyer's subjective and absolute sole discretion,"and such amended
standard (Buyer's subjective and absalute sole discretion) shall apply not only with respect to the physical
condition of the Property and Inclusions or the Due Diligence Documents, or other matters specified in clauses
(1)through (5) of§ 10.2, but also, as indicated above, with respect to ANY feature of or matter rela6ng to the
Property,the Indusions or the Due Diligence Documents and ANY other factor deemed by Buyer to be relevant
to Buyer's acquisitlon of the Property and Inclusions. Seller shall promptly disclose, as they occur, any
changes in the condition of the Property or Inclusions, or changes relating to the Property, Indusions, Due
Diligence Documents or other items listed or described above of which Seller has actual kndwledge.
10.§ 10. CARBON MONOXIDE ALARMS. If the Property is in Aspen or elsewhere within Pitkin County, the
following applies and supplements (i) the Note in § 10.10 of the Contract, if this Addendum is attached to a
Contract to Buy and Sell Real Estate on form CBS1-10-11, or (ii) the Note in § 10.11 of the Contract, if this
Addendum is attached to a Contrad to Buy and Sell Real Estate on form CBS2-10-11, or(iii) if the Contract
includes the CREC-approved Residential Addendum on fortn RA33-10-11,the Note in §2.6 of such Residential
Addendum: Both the Pitkin County Code and Aspen Muniapal Code include provisions which, among other
things, impose a responsibility on the owner of a"residential occupanc�!'to install and maintain required carbon
monoxide detectors in accordance with the requirements of the applicable Code, and the requirements of the
Pitkin County Code or Aspen Municipal Code, as applicable,should be consldered ln conjunction with the state
law described in the above-referen�d Note.
11.§ 17. POSSESSION. If the Possession Date and Possession Time are other than Closing Date, each
party shall be responsible to insure their respective real and personal property interests and to errter ir�to a lease
with the other parly for the period between Possessfon Date and Time,and the Closing Date.
12.§ 78. DAY: COMPUTATION OF PERIOD OF DAYS, DEADLINE. Regardless of which box In § 182 is
checked, or in the errent neither such box is checked,_Buyer and Seller agree as follows: (a) in the everrt any
date described herein for payment or perfortnance of this Contract falls on a Saturcfay, Sunday or legal holiday
recognized by the 5tate of Colorado or the United States of America, then, except as stated below in this
Addendum"A"to Contract to Buy and Sell Real Estate(CBS 1-5-09).This addendum has not been approved by the Colorado Real Estate
Commission(CREC).It was prepared and�2012 by Frascona,Joiner,Goodman and Greenstein,P.C.(303-4943000)legal counsel,for
the exclusive use of Aspen Snowmass Sotheby.All rights reserved. Page 2 of 3
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� paragraph, the time for such payment or performance shall be extended to the next business day; (b) no _
extension under this paragraph and/or§ 182 shall apply to a date or deadline specified for the giving of notice;
(c)no extension under this paragraph and/or§18.2 shal(applyto the Possession Date, , if the Ciosing occurs
on a date not extended by this paragraph andior§ 18.2; (d)if the Closing Date is extended by this paragraph
� and/or § 182, the Possession Date shali be extended by the same number of days; and (e) nathing in this
paragraph or§ 18.2 shall operate or be construed to operate to extend the Acceptance Deadline Date or or
Acceptance Deadline Time specified in the Contract. Atl references to time in the Contract mean Colorado
"Standard"or"Daylight Savings"time as may be applicable on the particular date. _
13.§ 19. CAUSES OF LOSS INSURANCE• CONDITION OF pAMAGE TO PROPERTY AND INCLUSIONS •
AND WALK-THROUGH.Seller shall maintain any yard and landscaping on the Property and deliver the same in
the condition existing on the date of this Contrac� if a dwelling or other structure exists on the Property, Seller
shall deliver the Property in "Maid Clean" condition. "Maid Clean" is defined as: all carpets professionally
cleaned; all appliances professionally cleaned; all floors mopped and/or vacuumed; all bathroom fiztures, fubs
and showers professionally c(eaned; all windows professionatly cleaned; and aH trash and persbnal property
remaved (except irtclusions to be transferred wiih the Property). Buyer's rights under§ 19.4 include, without •
limitation,the right to inspect the Property and Inclusions to insure Seiler's compliance with this provision.
14.§21.TIME OF ESSENCE.DEFAULT AND�REMEDIES.. if(a)petformance is delayetl by Buyer's lender,(b)
the required loan documents co�ceming this transaction are not received by the Closing Date, or (c) the
passage of documents by courier is not compiete by the Closing Date,the appiicable dates for(check all that
apply)� Loan Conditions Deadline, ❑ Loan Transfer Approval Deadline,�Appraisal Objection Deadline, ❑
Closing Date, ancJ ❑ Possession Date shall automaticat(y be extended once for a period of two (2) business ,
days.
15.MEASUREMENTS. . Neither Seller nor Broker working wfth Seller, Brokerage Firm of Broker wo�lcing with
Seller, or other representative warrants the square footage, area or size of the tand being purchased hereunder
or any improvements thereon. Any statements, representaUons, claims, drawings or estimates made or
provided by Seller or Broker working wfth Seller, Brokerage Firm of Broker working with Seller, or other
representafive referencing the square footage, area or size of the land or any imprrnements thereon,whether in
a marketing brochure, MLS ad or otherwise, are not being and shall not be retied upon try Buyer, and Buyer
agrees and represents that if the square footage, size or area of the land or any improvements thereon is a
� matter of concem to Buyer,then Buyer shali satisfy itself in that regard through, and rely solely upon, its own
investigadons and measurements made prior to expiration of the Inspection Objection Deadltne.
�.�1
96.1039 EXCHANGE. Each party shall cooperate with the other to effectuate an I.R.C. § 1031 tax deferred
exchange,including consenting to and acknowledging assignments of this Contract to a Qualified Intermediary,
so long as such cooperation is not to the detriment of the other party.
i7.FEDE�2AL AND COLORADO WITHHOlDlNG. Buyer and Seiler shall comply with the requireme�ts of the
Foreign Investment in Real Property Tax Act (FIRPTA) and the Withholding on Transfers of Colorado Real
Property law,which may entail withholding of a percentage of the sales price on non-exempt transactions.
Date: .
Buyer:Board of County Commissioners of Pitkin County �
By:Jon Peacock, County Manager
Buyer. Date:
Date:
Seller.Mary Hyde Mi!lard
Seller: Date:
CTM eContracts-A�2012 CTM Software Corp.
� Addendum"A"to Contract to Buy and Sell Real Estate(CBS 1-5-09).This addendum has not been approved by the Colorado Real Estate
Commission(CREC).It was prepared and�2012 by Frascona,Joiner,Goodman and Greenstein,P.C.(303-4943000)legal counsel,for
the exclusive use of Aspen Snowmass Sotheby.Ail rights reserved. Page 3 of 3
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� Page I of 2
�/{ Aspen Associatea Reatty Group,LLC
j--t- � Colter H.Smith
� . ,.. .._ "�= Ph: 9705445800 Fax: 9705448185
1 printed portions of this form.except differenUated addltlons.have been approved by the Cdaado Real Estate
ommi�ion CP40-10-i1 Mandato 1-i2
2
THIS FORWI HAS IMPORTANT I.EGAL CONSEQUENCES AND THE PART[ES SHOULD CONSULT CEQAL AND
3 TAX OR OTHER CQUNSEL BEFORE SIGNING.
4
5 COUNTERPROPOSAI
5 Date• 9/28/2012
�
s 1. This Counteiproposai shai�suPersede and repiec:e arry prevlous cour�rproposal.This
s Co�nterproposal emenc�fhe proposed coMract dated A/�?A�_ �r10l2 (CoMract),between
Mary Hyde Mfllard(Se��),and Board of County Commjssloners af Pltkin CotMly(Buyer),relatlng to the
lo sale and purchase of tt�e foliowtng IegaUy described resl estate in the Cou�y of Plddn,Colorado:
li Co/uetbinea At E/k Run Unir 603 Desc:Filfng 2 •
iz known as No.603 Wren Court Basa/t CO Si621(Property).
13
NOTE:If the table is omitted,or ff any item is lett blsnk or is marked in tha"No Chango"cd�nn,M m�ns no
14 change to the ca�►asponding provision of tha Contract.ff any irom is marked in ths"DNeted"column,it
means that the correspondin8{�ovi�ion of tha Contract to wt�ich reTerence is mada is deleted.
ss
is 2 §3. DATES AND DEADUNES. [Omitted aa inappHcabia]
17
ie 3. §4.PURCHASE PRICE AND TERMS._(Note:This tabie may be omittod if inapplicablo.�
is
zo The Purchase Price set forth below sheg be payahie In U.S.DoGars by Buyer as fdlows:
zi ' '
u t�n No. eferonce nt AmouM
§ 4.1 urchase Price �342 000.00
§4.2 mest Mone #10 000.00 .
g 4.5 Lo�
§4.8 tlon Balance
§4.7 ler or Private.Ftnandn
a A
8 ' A '
§4.3 sh at Closi i332 000.00
OT/1t. �t2 000.00 �342 000.00
23
2a 4. AITACHNENI'S.The foliowing are a part oP this CouMerproposal:
z5 no change
ze Note:The fopow�g disclosure forms are attached but are not a part of this CouMerproposa�
z� no change
za
za s. oTHER CtIANCES.
2.5.3 Parklny and Storage Facflitfes...»"2 asslgned parkir►p spaces"sh�l be changed ro 1
asslgned ParlcJa9 spac�
30 17.Possesslon.Payment of�500 per day wHl ber changed b 3T00 per day. ,
30 AdaNtlane/Provfsior�s:Bosrd of County CommisslonerAppr+aval.Wha�e it says°ln�rt
date"it shall be changed M 40 days from MEC.
31
6. ACCEPTANCE DEADLINE This Counterproposa!sh�i explre unless accepted in writl�g by Seaer
and Buyer as evider�ced by their sigrmtures below and the offering party to this document►eceives rroHce �
https://www.dmecontracts.com/eContracts/m econ/Contrac�s/Listin�ContractslPRINT ... 9/28l2012
��
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,
Page 2 of 2
3Z of such acceptance on or before Seplember28,2042 5:OQ PM MDT
�are r►ne
33
3a If arxepted,t�e Corrtrad,as amended by this Counterprnpo�,shall hecorne a contract beiween Seqer and Buyer.
Att otherterms and cor�tions of ti�e Co�ract�aH remain the sama.
35
36 S@Ret' p�e;
3� Mary Hyde Mf/larri
38
34 Seller. Date:
40
41
' 4Z Buye�: : p����.�_.�..�
a3 Bohard of unty mTssloners of Pitk/n County
By:Jon Aescock,Caumty Mane�er
44
as Buyer. ' Date:
a6 .
Note:When this Counte�proposal form is used,tl�e Contract is notto be signed by ihe party in�iat�g t�is �
a7 Counterpmposal.Brokers must complete and sign ihe Brokei's Acknowledgmenfs and Canpensallon Oisclosure
potiton of the Cantrad.
CP40-70-11. COUN7'ERPROPOSAL
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.....w�...� Ph:97054458DQ Fax:.970S44S185
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9 L"OW1681ptppp891811f911d51t19 E11G(NW�OOf1�tBf��d �Z���Z (COfltlB�Mh b91N16611
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io sale aod�d ri�e bMowln9lege�h►d��ed t�t estate h the C�ucrty of P1tMn,Cdorada •
i i Columbfirss At Elk Rnn Ur�B03 Desc:Flllrq 1
u knawn as Na�3 Wisn Couit 9�salt CC 8l8�1(PropeAy}
13
NQ�:��N ti�h OM�r Or��Ily�111���Il�f Of a��11'��M"1r0(�M11�~OQ�IUMI�K IIIN�1/
ta ao ciqnp�to iM��pa�p P�of ths Corfiact.M'uijr iE�n r n�arked tn flis"D�bt.d'aoh�mn.
R rnsaru lbattlM�on�aponeup.Movhlon o(1li�CoMrset�o wtiklr�Is m�ds.b A�Mbd.
15
te 2. §�. DATffi MI�DEIrDLN1E8. i���aai tnapP�kebkl
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is 3. §4.PURCWISE PAICE AND TERM8.[Nols:Thla tabN mh►b�o�tbd if In�rppNca�.l
19
24 Th8 POft�18B8�I�CB 68t ibf�i bBIOW B�BII-b9 P�Y�1!1 U.S.�I�'b��U�►6�8d�OIIOYV�
21 , __-_��.___. .._, ._.
22 1bfl1 i1Q.N tl111 - Af110UM
1 �'4.1 t�tuee Prks �Z OD0.00 -
z as �c sio 000.00
3 �4S ew toen
4 4 4.8 um tlon Belea�oe
5 �4.7 ter a Private
6 a
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8 5 4.3 at C i33 ODO.QQ
8 /11: �34 OOU 00 ;31 000.00 �
23
�4 a. A7TACHYENT8.n,�ro�ow�e are s�rc oru,�ca,�
zs rro cnang�a
ze ::--:::-:rne tauawY�g atsdoare tams er,attseh.d twc ar�e not a ya�c a�his cou�osaL.
z� rw chanpe
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24 S. OTHER CHANGEB.
2.3�3 Psrkl►r8 and Storape F�NAItJes....."?asslDr+ed Psr�f►�s�ceus'schaq be ehanged 10!
ass►�psrk�n8 aR+ce. '
ao i7.PossassJoa Payrr�errt of sS00 Per daY wNl ber d►ang�d ta;ZOD P��Y-
30 Addfflon�a!Provlsbns:8oard,of County Comntlsafoner AppirovaL NH�ers/t saya'7nsert
dafia'it shtl!b�a changod to�t0 t�ys fiam MEC.
31
6, i�('.�T/1�(�.E��,1�.�f�:Gllfd9f�110P0l8�ihY�lD�fB U11�lY$8008��fl VYf11WIQ�t g81�lf
�d 8uyer es avkknoed bY tf!eW°s10►�lures 6lelow end,tlse o1bMn0 P�Y�o tNe dax�nt raceives►iotice
32 d eudt�noa on or belae S�embsr 2�20fY 5c00 PM YDT
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33
H axapted�tfie Cuntrect,es amended by tbis Counterpr�,sh�l become a c�tracY beMreen Seiler�sd Buyer.
34 /4tl other terms artd oondiUorts of fhe Confract�ell.rernein Use seme.
36 S�181:��i�vv""• �WM'" `�- ��� � '(j�Z}' ��Z^'
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a� Counierpropoael 8iokers muat compfate emd sign lhe Brokers Aciu►awledgnients and Ca�etlon Dl�dosure
pottlon d lfte Contract
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