Loading...
HomeMy WebLinkAboutbocc.con.081.2015I RECEPTION#: 617904, 03/05/2015 at A 03:47:00 PM, CONTRACT #r ? [ 1 OF 18, R $0.00 Doc Code ORDINANCE D 7 (� �0 Q`6 / Janice K. Vos Caudill, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING ACQUISITION OF THE SMUGGLER MOUNTAIN MINERALS. ORDINANCE NO.JOV 2015 RECITALS 1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space and Trails Fund for the purposes of preserving and providing open space and trails resources, and established an Open Space and Trails Board of Trustees to guide the expenditure of those funds. 2. The Open Space and Trails Program is charged with protecting agriculture, open space, habitat, scenic view planes, water rights and river access. 3. The acquisition of the Smuggler Mountain Minerals (the "Property") preserves in perpetuity the Smuggler Mountain Open Space property from any potential future mineral development, thus preserving the scenic, natural, wildlife, and recreational resources for all time. 4. On February 5, 2015, the Pitkin County Open Space and Trails Board recommended that the BOCC approve the proposed Contract and Ordinance. NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado, that: 1. The Board approves an expenditure of up to $17,000.00 for the Smuggler Mountain Minerals and transaction costs up to $1,700. 2: Upon approval of the form by the Open Space Director and County Attorney, the Chair is authorized to execute the contract. 3. Upon approval of the form by the Open Space Director and. County Attorney, the Chair is authorized to execute other documents needed to consummate this transaction. BOARD OF COUNTY COMMISSIONERS BY: - tar e. aL/ Steven F. Child, Chair Date: 2 25 b e APPROVED AS TO FORM: MANAGER APPROVAL Open Space and Trails Program Ordinance & -201 on Peacoc , Cou ty Manager 4. That adjustments be made to the year 2015 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Budget This ChangeProiect Budget Smuggler Mountain Minerals Acquisition Acquisition Cost $0 $17,000 $17,000 Estimated Transaction Costs $0 $ 1,700 $ 1,700 Total Expenditure $0 $18,700 $18,700 5. The Board finds that adoption of this ordinance is necessary for the immediate preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 11th DAY OF FEBRUARY 2015. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /�LOL DAY OFvu4rN 2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL TKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE /3'O DAY OF' vvm. 2015. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 25th DAY OF FEBRUARY 2015. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE Ste- DAY OF 71'1, aI 2015. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PI�IIN COUNTY WEBSITE (www.aspenpilkin.com) ON THE .17* DAY OF ')`.ehrf 2015. THIS ORDINANCE IS EFFECTIVE ON FEBRUARY 25TH, 2015. CONTRACT# 27%9a/5 , � 2D2 CONTRACT TO BUY AND SELL REAL PROPERTY 1. Parties and Property: The undersigned and identified party ("Buyer") agrees to buy and ("Seller") agrees to sell, on the terms and conditions set forth in this contract, the Seller's interest in the real estate described as Grand Turk USMS #4678, Pontiac USMS #4566. 2. Inclusion/Exclusions: The purchase price shall exclude the following items: 3. Purchase Price: The purchase price set forth below, which is the sum of the highest bid obtained at public auction held on January 29, 2015 together with a Buyer's premium, which shall be 10% of the highest bid, shall be payable in U. S. Dollars by Buyerasfollows: a Highest Bid at Auction: $ Plus 10% Buyer's Premium: $�� Total Purchase Price $yQi 6 rj ppo Earnestiw— b. Paest Money: $i9, . 0, in the form of good funds, as non-refundable earnest money deposit and part payment of the purchase price, payable to and to be held by the Broker and/or Closing Agent in its trust account on behalf of both Seller and Buyer. The parties authorize delivery of the earnest money deposit from the Broker to the Closing Agent at or before closing. C. Cash at Closing: The balance of the purchase price, after credit for the earnest money, shall be paid by Buyer at closing in cash, electronic transfer funds, certified check, savings and loan teller's check, or cashier's check. d. Loan: The Buyer is not prohibited from attempting to obtain a loan for the purchase, but this contract is not contingent on Buyer obtaining a loan. 4. Good Funds: All payments required at closing shall be made in funds that comply with all applicable Colorado laws. 5. Evidence of Title: Buyer acknowledges that seller will not be providing title insurance. Buyer is advised to conduct their own due diligence with regard to the title on this Property and seller makes no representation regarding title. 6. Title Advisory: Buyer understands that title issues may impact ownership and use of the Property, including without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights and vice versa. Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter and use the Property. Third parties may own the surface rights and have certain rights over the access to oil, gas, other minerals, geothermal energy or water on or under the Property. The Buyer acknowledges that an adequate opportunity to consult legal counsel with respect to all such matters has been given prior to the auction, or Buyer has elected to waive the right to investigate such matters. 7. Date of Closing: The date of closing shall be March 2, 2015 or at an earlier date as the parties may mutually agree. Closing shall occur at Steenrod, Schwarz & McMinimee, 3773 Cherry Creek N. Drive, Suite 775, Denver, CO 80209 at a time selected by the Broker. Possession of the Property shall be delivered to Buyer on the closing date. 8. Transfer of Title: Subject to payment at closing as required herein, Seller shall execute and deliver a Personal Representative's deed and any appropriate assignments at closing. 9. SMial Districts and Defined: Special taxing districts may be subject to general obligation indebtedness that is paid by revenues produced from annual tax levies on the taxable property within such districts. Property owners in such districts may be placed at risk for increased mill levies and excessive tax burdens to support the servicing of such debt where circumstances arise resulting in the inability of such a district to discharge such indebtedness without such an increase in mill levies. Buyer should investigate the debt financing requirements of the authorized general obligation indebtedness of such districts, existing mill levies of such district servicing such indebtedness, and the potential for an increase in such mill levies. 10. Foreclosure disclosure and Protection. Seller acknowledges that, to Seller's current actual knowledge, the Property 0 IS 0 IS NOT in foreclosure. In the event this transaction is subject to the provisions of the Colorado Foreclosure Protection Act (the Act) (i.e., generally the Act requires that the Property is residential, in foreclosure, and Buyer does not reside in it for at least 1 year), a different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect unless the Foreclosure Property Addendum is executed by all parties concurrent with the signing of this Contract. The parties are further advised to consult with their own attorney. it. Condition of Improvements: Buyer has inspected the property, improvements and all items of personal property (if applicable) and made a careful evaluation of its condition. The Seller makes the sale of the property and improvements without representation or warranty, except as is expressly provided in this agreement. Buyer acknowledges and represents that they have made such review and investigation of the property and the improvements thereon as they deem necessary and advisable and have consulted such records, outside resources, consultants and engineers as they deem appropriate and that the purchase is based solely upon their review, investigation and consultation. Buyer relies solely upon his or her inspection of the property and voluntarily accepts said property and every part thereof in the condition it now exists, in "as is" condition with all faults, known or unknown, including latent or hidden defects. Buyer acknowledges that it is Buyer's responsibility to inspect and investigate such premises, consult such outside records and sources, consultants, and engineers as they deem appropriate to determine whether the property is in compliance with applicable local, state, federal environmental and hazardous material laws, building, zoning codes and regulations. Seller makes no representations of the acreage or square footage of the Property or improvements on it and Purchaser waives any requirement of Seller to disclose square footage. 12. Source of Potable Water. The source of water for the Property is unknown. There is neither a Well nor a Water Provider for the Property that is known to Seller. There is no city domestic water or well. NOTE TO BUYER: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 13. Insurability: Buyer has investigated or waives the right to detennine the availability, terms, conditions and premium for property insurance. 14. Closing Costs. Documents and Services: Buyer and Seller shall pay thew respective closing costs, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing and settlement services provided by the closing 2 agent shall be divided equally between Seller and Buyer. Seller shall pay the documentary fee/transfer tax if any. 15. Taxes, HOA, Water. and Proration: The following shall be prorated to Closing Date, except as otherwise provided: Taxes: Any general real estate taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing. Special improvement district taxes, if any will not be prorated but will be payable by the Buyer when assessed. Home Owners Dues, Water, Sewer and Irrigation Water: Home owners association dues, sewer and irrigation water, if applicable, will be prorated upon prior year assessment and payment. 16. Condition and Damage to Property: Except as otherwise provided in this contract, the property shall be delivered in the condition existing as of the date of this contract except for ordinary wear and tear. There are no known structures on the Property. 17. Time of Essence/Remedies: Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: a. If Buyer Is In Default: If Buyer is in default, Seller may elect to, treat this contract as canceled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and the Seller may recover such damages as may be proper or the Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. The Broker shall have an independent right to pursue collection of the Buyer's premium from the Buyer. If the Buyer fails to close by the closing date set forth above and an extension of the closing date is required, then the Buyer shall pay $100.00 per day as liquidated damages for every day beyond the established closing date until the contract is closed and the sale finalized. b. If Seller Is In Default: If Seller is in default, Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper. The Buyer shall not have the right to specific performance of the contract. C. Costs and Expenses: Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court shall award the prevailing party, including the Broker, if applicable, all reasonable costs and expenses, including attorney's fees. 18. Earnest Money Dispute: Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding earnest money and things of value held by the Closing Agent, unless mutual written instructions are received by the holder of the earnest money and things of value, the Closing Agent shall not be required to take any action but may await any proceeding or at the Closing Agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into the above court and shall receive court costs and reasonable attorney's fees. 19. Gender Provision: As used herein, the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. 20. Merger: The parties mutual agree that all matters pertinent to the transaction herein set forth in the form of verbal or written advertisements,.solicitation for bids and negotiations between the parties prior to execution of this contract have been merged in the terns of this contract and no contrary matters survive. The "Terms & Conditions of Sale" set forth in the bidder registration agreement are incorporated herein by reference and shall continue to apply unless inconsistent with a provision of this contract, and in the case of inconsistent provisions then those set forth in this contract shall apply. 21. Not Assignable: This contract is not assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 22. Lead Based Paint: A Lead Based Paint. Disclosure is attached and made a part of this Contact. The existence of lead based paint is unknown. Buyer waives the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. 23. Megan's Law: If the presence of a registered sex offender is a matter of concern to Buyer, then Buyer understands that Buyer must contact local law enforcement officials regarding obtaining such information. 24. Fair Housing: The Seller and Buyer acknowledge that in the sale, purchase or exchange of real property a real estate agent has the responsibility to offer equal service to all clients and prospects without regard to race, color, religion, national origin, sex, elderliness, familial status or handicap. 25. Methamphetamine Laboratory Disclosure. The parties acknowledge that Seller is required to disclose whether Seller knows that the Property was previously used as a methamphetamine laboratory. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. In the event that the Property has been used as a methamphetamine laboratory, Buyer may deliver written notice to Seller, on or before Closing, to terminate this Contract. 26. Recommendation of Legal and Tax Counsel. By signing this document, Buyer acknowledges that the respective broker has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this Contract. 27. Facsimiles: This Contract may be signed in one or more counterparts, each of which is deemed to be an original, and all of which shall together constitute an original contract. Documents obtained via facsimile machines shall also be considered as originals. 28. ABSOLUTE SALE above Stated Reserve, No Contingencies: It is expressly understood and agreed that the Buyer's obligations hereunder are absolute and not contingent upon obtaining financing, performing.an inspection, or any other contingency. Dated this�93\,day of January 2015 Ser/ ,r lr Z x'/t- - . ' Estate of Edwin J. Smart by Marcie R. McMinimee, Personal Rep. 4 �1 V er(s): O) "= 0Sh-t 1-4--a o a - (Print Buyer Name) - Bid No. �^*SD '�. VAAitJ ST, 1 30L� Addres tt54� u ) Co z& bk l Telephone Number: A to 92o 520 Email Address 'i'Y.rn Looij COV -4, will take title to the real property described below as [,Joint Tenants ❑ Tenants In Common ❑ Other V ACKNOWLEDGEMENTS The undersigned Broker(s) acknowledges receipt of the Earnest Money deposit specified in § 3. Selling Company Brokerage Relationship The Selling Company and its licensees have been engaged in this transaction as [ ] Buyer (Buyer) Agent [ ] Dual Agent [ ] Seller Agent/Subagent [ ] Transaction -Broker Listing Company Brokerage Relationship The Listing Company and licensees have been engaged in this transaction as ( x ] Seller Agent [ ] Transaction -Broker [ ]Inial Agent Selling Company's compensation or commission is to be paid by: [ ] Buyer [ ] Seller [ x ] Listing Company, if pre -approved. [ ] Other_ (To be completed by Listing Company) Listing Company's compensation or commission is to be paid by: [ ] Buyer [ ] Seller [ x ] Other Buyer's Premium Selling Company: Name of Company, address, telephone number, far number Listing By: "__r Listing Comp s Address: 1330 in Street, Longmont, Listing Com y's Telephone #: 970-623-6999 Selling Company's Fax #: Date: 1-7- 4 -7- 4 S Boa, C®RETRACT S u f 4 CONTRACT TO BUY AND SELL REAL PROPERTY 1. Parties and Property: The undersigned and identified party ("Buyer") agrees to buy and ("Seller") agrees to sell, on the terms and conditions set forth in this contract, the Seller's interest in the real estate described as Cascade #2 USMS #6948, Contraband USMS #4471, Iowa #2 USMS #6948, Jay Gould USMS #1794, Joplin USMS #5914, Joplin #2 USMS #6948, Lizzie USMS #4702, North Star USMS #6145, Park USMS #3935, Rainstorm USMS #6270, Regent USMS #3936, Result USMS #6044, Robert Emmett USMS #6044, Snowstorm USMS #6270, Tiger USMS #3937. 2. Inclusion/Exclusions: The purchase price shall exclude the following items: 3. Purchase Price: The purchase price set forth below, which is the sum of the highest bid obtained at public auction held on January 29, 2015 together with a Buyer's premium, which shall be 10% of the highest bid, shall be payable in U. S. Dollars by Buyer as follows: a Highest Bid at Auction: $ al -T,006 ` \ Plus 10% Buyer's Premium: $ 500 Total Purchase Price $ 7 t 5;909:A0coo V - b. Earnest Money: $.1.0, in the form of good funds, as non-refundable earnest money deposit and part payment of the purchase price, payable to and to be held by the Broker and/or Closing Agent in its trust account on behalf of both Seller and Buyer. The parties authorize delivery of the earnest money deposit from the Broker to the Closing Agent at or before closing. C. Cash at Closing: The balance of the purchase price, after credit for the earnest money, shall be paid by Buyer at closing in cash, electronic transfer funds, certified check, savings and loan teller's check, or cashier's check. CL Loan: The Buyer is not prohibited from attempting to obtain a loan for the purchase, but this contract is not contingent on Buyer obtaining a loan. 4. Good Funds: All payments required at closing shall be made in funds that comply with all applicable Colorado laws. 5. Evidence of Title: Buyer acknowledges that seller will not be providing title insurance. Buyer is advised to conduct their own due diligence with regard to the title on this Property and seller makes no representation regarding title. 6. Title Advisory: Buyer understands that title issues may impact ownership and use of the Property, including without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights and vice versa. Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter and use the Property. Third parties may own the surface rights and have certain rights over the access to oil, gas, other minerals, geothermal energy or water on or under the Property. The Buyer acknowledges that an adequate opportunity to consult legal counsel with respect to all such matters has been given prior to the auction, or Buyer has elected to waive the right to investigate such matters. 7. Date of Closine: The date of closing shall be March 2, 2015 or at an earlier date as the partes may mutually agree. Closing shall occur at Steenrod, Schwarz & McMinimee, 3773 Cherry Creek N. Drive, Suite 775, Denver, CO 80209 at a time selected by the Broker. Possession of the Property shall be delivered to Buyer on the closing date. 8. Transfer of Title: Subject to payment at closing as required herein, Seller shall execute and deliver a Personal Representative's deed and any appropriate assignments at closing. 9. Special Districts and Defined: Special taxing districts may be subject to general obligation indebtedness that is paid by revenues produced from annual tax levies on the taxable property within such districts. Property owners in such districts may be placed at risk for increased mill levies and excessive tax burdens to support the servicing of such debt where circumstances arise resulting in the inability of such a district to discharge such indebtedness without such an increase in mill levies. Buyer should investigate the debt financing requirements of the authorized general obligation indebtedness of such districts, existing mill levies of such district servicing such indebtedness, and the potential for an increase in such mill levies. 10. Foreclosure disclosure and Protection. Seller acknowledges that, to Seller's current actual knowledge, the Property ❑ IS 0 IS NOT in foreclosure. In the event this transaction is subject to the provisions of the Colorado Foreclosure Protection Act (the Act) (i.e., generally the Act requires that the Property is residential, in foreclosure, and Buyer does not reside in it for at least I year), a different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect unless the Foreclosure Property Addendum is executed by all parties concurrent with the signing of this Contract. The parties are further advised to consult with their own attorney. 11. Condition of Improvements: Buyer has inspected the property, improvements and all items of personal property (if applicable) and made a careful evaluation of its condition. The Seller makes the sale of the property and improvements without representation or warranty, except as is expressly provided in this agreement. Buyer acknowledges and represents that they have made such review and investigation of the property and the improvements thereon as they deem necessary and advisable and have consulted such records, outside resources, consultants and engineers as they deem appropriate and that the purchase is based solely upon their review, investigation and consultation. Buyer relies solely upon his or her inspection of the property and voluntarily accepts said property and every part thereof in the condition it now exists, in "as is" condition with all faults, known or unknown, including latent or hidden defects. Buyer acknowledges that it is Buyer's responsibility to inspect and investigate such premises, consult such outside records and sources, consultants, and engineers as they deem appropriate to determine whether the property is in compliance with applicable local, state, federal environmental and hazardous material laws, building, zoning codes and regulations. Seller makes no representations of the acreage or square footage of the Property or improvements on it and Purchaser waives any requirement of Seller to disclose square footage. 12. Source of Potable Water. The source of water for the Property is unknown. There is neither a Well nor a Water Provider for the Property that is known to Seller. There is no city domestic water or well. NOTE TO BUYER: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 13. Insurability_ Buyer has investigated or waives the right to determine the availability, terms, conditions and premium for property insurance. 14. Closing Costs, Documents and Services: Buyer and Seller shall pay their respective closing costs, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing and settlement services provided by the closing agent shall be divided equally between Seller and Buyer. Seller shall pay the documentary fee/transfer tax if any. 15. Taxes, HOA, Water, and Proration: The following shall be prorated to Closing Date, except as otherwise provided: Taxes: Any general real estate taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing. Special improvement district taxes, if any will not be prorated but will be payable by the Buyer when assessed. Home Owners Dues, Water Sewer and Irrigation Water: Home owners association dues, sewer and irrigation water, if applicable, will be prorated upon prior year assessment and payment. 16. Condition and Damage to Property: Except as otherwise provided in this contract, the property shall be delivered in the condition existing as of the date of this contract except for ordinary wear and tear. There are no known structures on the Property. 17. Time of Essence/Remedies: Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: a_ If Buyer Is In Defauh: If Buyer is in default, Seller may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and the Seller may recover such damages as may be proper or the Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. The Broker shall have an independent right to pursue collection of the Buyer's premium from the Buyer. If the Buyer fails to close by the closing date set forth above and an extension of the closing date is required, then the Buyer shall pay $100.00 per day as liquidated damages for every day beyond the established closing date until the contract is closed and the sale finalized. b. If Seller Is In Default: If Seller is in default, Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper. The Buyer shall not have the right to specific performance of the contract. C. Costs and Expenses: Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court shall award the prevailing party, including the Broker, if applicable, all reasonable costs and expenses, including attorney's fees. 18. Earnest Money Dispute: Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding earnest money and things of value held by the Closing Agent, unless mutual written instructions are received by the holder of the earnest money and things of value, the Closing Agent shall not be required to take any action but may await any proceeding or at the Closing Agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into the above court and shall receive court costs and reasonable attorney's fees. 19. Gender Provision: As used herein, the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. 20. Merger: The parties mutual agree that all matters pertinent to the transaction herein set forth in the form of verbal or written advertisements, solicitation for bids and negotiations between the parties prior to execution of this contract have been merged in the terms of this contract and no contrary matters survive. The "Terms & Conditions of Sale" set forth in the bidder registration agreement are incorporated herein by reference and shall continue to apply unless inconsistent with a provision of this contract, and in the case of inconsistent provisions then those set forth in this contract shall apply. 21. Not Assignable: This contract is not assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 22. Lead Based Paint: A Lead Based Paint. Disclosure is attached and made a part of this Contact. The existence of lead based paint is unknown. Buyer waives the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. 23. Megan's Law: If the presence of a registered sex offender is a matter of concern to Buyer, then Buyer understands that Buyer must contact local law enforcement officials regarding obtaining such information. 24. Fair Rousing: The Seller and Buyer acknowledge that in the sale, purchase or exchange of real property a real estate agent has the responsibility to offer equal service to all clients and prospects without regard to race, color, religion, national origin, sex, elderliness, familial status or handicap. 25. Methamphetamine Laboratory Disclosure. The parties acknowledge that Seller is required to disclose whether Seller knows that the Property was previously used as a methamphetamine laboratory. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, CKS. Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. In the event that the Property has been used as a methamphetamine laboratory, Buyer may deliver written notice to Seller, on or before Closing, to terminate this Contract. 26. Recommendation of Legal and Tax Counsel. By signing this document, Buyer acknowledges that the respective broker has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this Contract. 27. Facsimiles: This Contract may be signed in one or more counterparts, each of which is deemed to be an original, and all of which shall together constitute an original contract. Documents obtained via facsimile machines shall also be considered as originals. 28. ABSOLUTE SALE above Stated Reserve. No Contingencies: It is expressly understood and agreed that the Buyer's obligations hereunder are absolute and not contingent upon obtaining financing, performing an inspection, or any other contingency. Dated this'ay of January 2015 Seller: / aLL rt Es� lEdwin J. Smart by Marcie R. McMinimee, Personal Itep. B er(s Lq � (' tature) � a� 1�s1r�� C >��?+.'1�'i n�•� A55iE�t.75 (Print Buyer Name) Bid No. 'iib � . `�A4itJ S 1 . S'l� 31717 Address I�5?Eg} t LO �1/�ll Telephone Number:�'ip�2Ga -- / Email Address �R4z , W, II f�•1.UC o.�...rF- will take title to the real property described below as �D Joint Tenants ❑ Tenants In Common ❑ Other ACKNOWLEDGEMENTS The undersigned Broker(s) acknowledges receipt of the Earnest Money deposit specified in § 3. Selling Company Brokerage Relationship The Selling Company and its licensees have been engaged in this transaction as [ ] Buyer (Buyer) Agent [ ] Seller Agent/Subagent [ ] Dual Agent [ ] Transaction -Broker Listing Company Brokerage Relationship The.Listing Company and licensees have been engaged in this transaction as [ x ] Seller Agent [ ] Transaction -Broker [ ] Dual Agent BROKERS' COMPENSATION DISCLOSURE: Selling Company's compensation or commission is to be paid by: [ ] Buyer [ ] Seller [ x ] Listing Company, if pre -approved. [ ] Other_ (To be completed by Listing Company) Listing Company's compensation or commission is to be paid by: [ ] Buyer [ ] Seller [ x ] Other Buyer's Premium Selling Name of Company, address, telephone number, f= number Listing ¢o*any: Auction Listing any's Address: 13MaiA Street, Lon ont, Listing Co any's Telephone #: 970-623-6999 Selling Co pany's Fax #: -!f� `GV-dk-N6 lac- 4q I—z�-�S� ASSIGNMENT WHEREAS, Marcie R. McMinimee is the Personal Representative for the Estate of Edwin J. Smart, Deceased, Garfield County District Court Case Number 12 PR 56, (hereafter "Estate"). The Estate is referred to herein as Assignor; and; WHEREAS, five assets of the Estate are mineral interests located in Pitkin County, Colorado and described as Contraband USMS #4471, Jay Gould USMS #1794, Joplin USMS #5914, Result USMS #6044, and Robert Emmett USMS #6044, and; WHEREAS, the Personal Representative has agreed to sell and the Board of County Commissioners of Pitkin County Colorado and the City of Aspen, Colorado has agreed to purchase the assets pursuant to the Contract to Buy and Sell Real Property dated January 29, 2015, and; WHEREAS, the assets may be titled in the name of Statesman Mining Company respectively, and; WHEREAS, in order to facilitate conveyance of title from the Estate to the Board of County Commissioners of Pitkin County and the City of Aspen, the Estate believes conveying any right, title and interest the Decedent had in the company known as Statesman Mining Company to the Board of County Commissioners of Pitkin County and the City of Aspen is necessary and appropriate; NOW THEREFORE, for valuable consideration paid the Assignor by signature below hereby assigns any and all of the Decedent's right, title, benefit and interest in Statesman Mining Company to the Board of County Commissioners of Pitkin County and the City of Aspen. This Assignment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. DATED this 2nd day of March, 2015. STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) 441e,�� zg-IL Marcie R. McMinimee, Personal Representative for the Estate of Edwin J. Smart, Deceased The above and foregoing Assignment was executed and sworn to before me by Deceased this 210 day of March, 2015. My Commission Expires: August 18, 2015. Notary Public W•. My Commission Expires 0811812015 PERSONAL REPRESENTATIVE'S DEED (Sale) THIS DEED is made by Marcie R. McMinimee, as Personal Representative for the Estate of Edwin J. Smart, Deceased, Grantor, I Board of County Commissioners of Pitkin County Colorado and the C of Aspen, Colorado, Grantees, whose legal addresses are 530 East Main Street, Suite 300, Aspen, CO 81611 and 130 South Galena Street, Aspen, CO 81611. WHEREAS, the decedent died on the date of May 14, 2012 and the Grantor was duly appointed Personal Representative of said Estai by the Probate Court in the County of Garfield and State of Coloradi Probate No. 12 PR 56, on the date of February 28, 2013, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unto Grantees, as Tenants in Common, for and in consideration of Twenty Five Thousand Dollars ($25,000.00) all of Grantor's interest in the following described real properties situate in the County of Pitkin, State of Colorado; Cascade #2 USMS #6948 Contraband USMS #4471 Iowa #2 USMS #6948 Jay Gould USMS #1749 Joplin USMS #5914 Joplin #2 USMS #6948 Lizzie USMS #4702 North Star USMS #6145 Park USMS #3935 Rainstorm USMS #6270 Regent USMS #3936 Result USMS #6044 Robert Emmett USMS #6044 Snowstorm USMS #6270 Tiger USMS #3937 With all appurtenances, but without warranty either expressed or implied on the part of Grantor herein. As used herein, the singular includes the plural a dnthe plural the /singular. Executed: March 2. 2015J/�� 'Marcie R. McMinimee, Personal Representative for the Estate of Edwin J. Smart, Deceased STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 2nd day of March, 2015 by Mar McMinimee as Personal Representative for the Estate of Edwin TSM Deceased. oQJ 0TA%�y.�.y Witness my hand and official seal. My Commission Expires: August 18, 2015. Notary Public P OF COQ-OPP 'FORM 46 R9/01 PERSONAL REPRESENTATIVE'S DEED (Sale) My Commission Expires 0811812015 PERSONAL REPRESENTATIVE'S DEED (Sale) THIS DEED is made by Marcie R. McMinimee, as Personal Representative for the Estate of Edwin J. Smart, Deceased, Grantor Board of County Commissioners of Pitkin County Colorado and the of Aspen, Colorado, Grantees, whose legal addresses are 530 East Main Street, Suite 300, Aspen, CO 81611 and 130 South Galena Street, Aspen, CO 81611. WHEREAS, the decedent died on the date of May 14. 2012 an( the Grantor was duly appointed Personal Representative of said Est by the Probate Court in the County of Garfield and State of Colore Probate No. 12 PR 56, on the date of February 28. 2013, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unto Grantees, as Tenants in Common, for and in consideration of Nine Thousand Dollars ($9,000.00) all of Grantor's interest in the following described real properties situate in the County of Pitkin, State of Colorado; Grand Turk USMS #4678 Pontiac USMS #4566 With all appurtenances, but without warranty either expressed or implied on the part of Grantor herein. As used herein, the singular includes the plural and the plural the singular. Executed: March 2, 2015 Marcie R. McMinimee, Personal Representative for the Estate of Edwin J. Smart, Deceased STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 2n° day of March, 2015 by Marcie R. McMinimee as Personal Representative for the Estate of Edwin J SmartDeceased. Witness my hand and official seal. My Commission Expires: August 18. 2015. pCA/�y A2 Notary Public My Commission Expires 08/18/2015 'FORM 46 R9/01 PERSONAL REPRESENTATIVE'S DEED (Sale) ,®NTRACT i ASSIGNMENT RECEPTION#: 617905, 03/05/2015 at 03:47:01 PM, 1 OF t, R $0.00 Doc Code ASSIGNMENT Janice K. Vos Caudill, Pitkin County, CO WHEREAS, Marcie R. McMinimee is the Personal Representative for the Estate of Edwin J. Smart, Deceased, Garfield County District Court Case Number 12 PR 56, (hereafter "Estate"). The Estate is referred to herein as Assignor; and; WHEREAS, five assets of the Estate are mineral interests located in Pitkin County, Colorado and described as Contraband USMS #4471, Jay Gould USMS #1794, Joplin USMS #5914, Result USMS #6044, and Robert Emmett USMS #6044, and; WHEREAS, the Personal Representative has agreed to sell and the Board of County Commissioners of Pitkin County Colorado and the City of Aspen, Colorado has agreed to purchase the assets pursuant to the Contract to Buy and Sell Real Property dated January 29, 2015, and; WHEREAS, the assets may be titled in the name of Statesman Mining Company respectively, and; WHEREAS, in order to facilitate conveyance of title from the Estate to the Board of County Commissioners of Pitkin County and the City of Aspen, the Estate believes conveying any right, title and interest the Decedent had in the company known as Statesman Mining Company to the Board of County Commissioners of Pitkin County and the City of Aspen is necessary and appropriate; NOW THEREFORE, for valuable consideration paid the Assignor by signature below hereby assigns any and all of the Decedent's right, title, benefit and interest in Statesman Mining Company to the Board of County Commissioners of Pitkin County and the City of Aspen. This Assignment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. DATED this 2nd day of March, 2015 STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) A,�a- z i /I- . Marcie R. McMinimee, Personal Representative for the Estate of Edwin J. Smart, Deceased The above and foregoing Assignment was executed and sworn to before me by Deceased this 2nd day of March, 2015. My Commission Expires: August 18, 2015. My Commission Expires 0811812015 6.0NTRACT #L,�- , RSONAL REPRESENTATIVE'S (Sale) THIS DEED is made by Marcie R. McMinimee, as Personal Representative for the Estate of Edwin J. Smart, Deceased, Grantor Board of County Commissioners of Pitkin County Colorado and the f of Aspen, Colorado, Grantees, whose legal addresses are 530 East Main Street, Suite 300, Aspen, CO 81611 and 130 South Galena Street, Aspen, CO 81611. DEED RECEPTION#: 617906, 03/05/2015 at 03:47:02 PM, 1 OF 1, R $0.00 DF $0.00 Doc Code PER to REP DEED Janice K. Vos Caudill, Pitkin County, CO WHEREAS, the decedent died on the date of May 14, 2012 and the Grantor was duly appointed Personal Representative of said Estate by the Probate Court in the County of Garfield and State of Colorado, Probate No. 12 PR 56, on the date of February 28. 2013, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unto Grantees, as Tenants in Common, for and in consideration of Twenty Five Thousand Dollars ($25,000.00) all of Grantor's interest in the following described real properties situate in the County of Pitkin, State of Colorado, Cascade #2 USMS #6948 Contraband USMS #4471 Iowa #2 USMS #6948 Jay Gould USMS #1749 Joplin USMS #5914 Joplin #2 USMS #6948 Lizzie USMS #4702 North Star USMS #6145 Park USMS #3935 Rainstorm USMS #6270 Regent USMS #3936 Result USMS #6044 Robert Emmett USMS #6044 Snowstorm USMS #6270 Tiger USMS #3937 With all appurtenances, but without warranty either expressed or implied on the part of Grantor herein. As used herein, the singular includes the plural a �nthe plural the singular. / Executed: March 2, 2015 / // J 0 �/� /C 'Marcie R. McMinimee, Personal Representative for the Estate of Edwin J. Smart, Deceased STATE OF COLORADO lz�l CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this 2nd day of March, 2015 by McMinimee as Personal Representative for the Estate of Edwin J. Smart, Deceased. Witness my hand and official seal. My Commission Expires: August 18, 2015. \C, `FORM 46 R9/01 PERSONAL REPRESENTATIVE'S DEED (Sale) fBS 011/1812015 My Commission Exp'I CONTRACT # ' PERSONAL REPRESENTATIVE'S DEED (Sale) THIS DEED is made by Marcie R. McMinimee, as Personal Representative for the Estate of Edwin J. Smart, Deceased, Grantor, to Board of County Commissioners of Pitkin County Colorado and the City of Aspen, Colorado, Grantees, whose legal addresses are 530 East Main Street, Suite 300, Aspen, CO 81611 and 130 South Galena Street, Aspen, CO 81611. RECEPTION#: 617907, 03/05/2015 at 03:47:03 PM, 1 OF 1, R $0.00 DF $0.00 Doc Code PER REP DEED Janice K. Vos Caudill, Pitkin County, CO WHEREAS, the decedent died on the date of May 14, 2012 and the Grantor was duly appointed Personal Representative of said Estate by the Probate Court in the County of Garfield and State of Colorado, Probate No. 12 PR 56, on the date of February 28, 2013, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unto Grantees, as Tenants in Common, for and in consideration of Nine Thousand Dollars ($9,000.00) all of Grantor's interest in the following described real properties situate in the County of Pitkin. State of Colorado, Grand Turk USMS #4678 Pontiac USMS #4566 With all appurtenances, but without warranty either expressed or implied on the part of Grantor herein. As used herein, the singular includes the plural and the plural the singular. Executed: March 2, 2015 �% &C — arcle R. McMinimee, Personal Representative for the Estate of Edwin J. Smart, Deceased STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 2nd day of March, 2015 by Marcie R. McMinimee as Personal Representative for the Estate of Edwin J. Smart, Deceased. Witness my hand and official seal. My Commission Expires: August 18, 2015. Ry �O,2 Notary Public �q (/130 'p9 My Commission Expires 08/18/2015 `FORM 46 R9/01 PERSONAL REPRESENTATIVE'S DEED (Sale)