HomeMy WebLinkAboutbocc.ord.007.2017 RECEPTION#: 635819, 01/31/2017 at 04:12:34 PM, 1 OF 24, R $0.00
Janice K. Vas Caudill, Pitkin County, CO
111111111111111111111111111111111111
RECEPTION 3:636167,R:60.00,D:30.00 CONTRACT M1./N" DI
DOC CODE:ORDINANCE
Pp 1 of 26,02/15/2017 at 11:00:33 AM
Janice N.Vere Caudill,Piecin County,CO
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PRT UN
COUNTY,COLORADO,AUTHORIZING ACQUISITION OF TILE FARRIS TRAIL
EASEMENT
ORDINANCE NO. 007 -2017
RECITALS:
I. Pursuant to 30-35-301 CRS.,the Board of County Commissioners("BOCCI of Home
Rule Counties is authorind to make and publish ordinances for carrying into effect or
discharging the powers and duties conferred upon such counties by law and as seems
necessary.
` r 2. Foment to Section 2.81 of the Home Rule Chang,the BOCC is authorized to take
official action by Ordinance for certain mailers where action is prescribed pursuant to the
Colorado Revised Statues as amended
3. The Voters of Plain County and McPidin County Commissioners established=Open Space
and Trails Fund for the purposes of preserving and providing open space and nails resources,
and established an Open Space and Trails Board ofTnstees to guide the expenditure of those
funds
4. The Open Space and Trails Pegram is charged with providing recreational opportunities
throughout?akin County.
5. The Farris Trail Easement property(the'Rroputy)owned by Douglas and Dorothea Fenix
and legally described as attached in ExI bit A possesses scour, wildlife and natural
mcreabon activities.
6. The BOCC fids that adaption 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 legislationto be effective immediately upon adoption.
7. On January 5,2017,the Pitkin County Open Space and Trails Board recommended that the
BOCC approve the proposed Contract and Ordinance.
8. The Chair arChair's designee shall be authorized to sign thedocumeuanecasary to complete
this transaction in substantially that form approved by the County Attorney.
RECEPTION/t.636167,0211512017 at 11:00:33 AM, Pgs 2 of 25,Janice K.Vos Caudill, Pitkin County,CO
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County,Colorado that the Chair(or Chair's designee)shall be authorized to:
I. Approve an expenditure of up to$21,901.50 for the 465'by 30'Farris Trail Easement
(approximately 0.32 acres)and transaction costs up to$8,000.00.
2. Execute the Trail Easement upon approval of the form by the County Attorney_
3. Execute other documents as necessary to complete the transaction upon approval of the
form by the County Attorney.
4. That adjustments be made to the year 2017 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous This Revised Project
Budget Change Budget
Farris Trail Easement Acquisition
Acquisition Cost SO $21,901.50 $21,901.50
Estimated Transaction Costs $0 $ 8,000.00 $ 8,000.00
Total Expenditure $0 $29,901.50 529,901.50
RECEPTION#636167,02/15/2017 at 11:00:33 AM. Pgs 3 of 25,Janice K.Vos Caudill, Pitkin County,CO
RECEPTIONM: 635819, 01/31/2017 at 04:12;34 PM, 2 OF 24,
Janice K. Vas Caudill, Pitkin County, CO
INTRODUCED AND FEIST READ ON THE 116 DAY OF JANUARY,2017 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 25th DAY OF JANUARY,,2017,='•
NOTICE OFPUBLIC HEARING AND TRIG AND SNORT SUMMARIYOF THE
ORD ANCEPUBLISHED IN THASP
E EN TIME$WEELI.Y9N THE /'2d1' DAY
OF(i.R44r1 2017.
NOTICE OFF PUBLIC HEARING AND THE FULL TEXT OFTt1E ORDINANCE POSTED
ON THE OII}TCIAL prim. COY WEBSITE(www oitluncauntvcmv)ON ME /}'
DAY 0ErA/ U4r • cowry 2017. ,
AI
PIEDAFTERFR4AL READING AND PUBLIC HEARAIG ON THE 2S* DAY OF
2017. `
PUBLISHED BY TIME AND SHORT S111.044.1ty,AFTER ADOPTION,IN THE ASPEN
TU¢SWEEKLY ONTHErl DAY OF trOtvar
1_2017.
POSTED BY TITLE AND-SHORT SUMMARY ON THE OEFICIAL PITKBV COUNTY
WEBSIIE(www,oitkincountv,coml ONTHE DAYOF -2017.
AV•: T BOARD OF COUNTYCOMMI$SIONERS .,
BY.is _I/ones
By
J f .elowa GmrgeN�' cCha•:
I• ty County Cl k
Date //2.02)
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely,Count ry "1 n 'Imuck, aunty Manages
SI •
Guy emenhaum,
Director Open Space&Trails
RECEPTION#636167,0211512017 at 11:00:33 AM, Pgs 4 of 25,Janice K.Vos Caudill, Pitkin County,CO
RECEPTION#: 635819, 01/31/2017 at 04:12:34 PM, 3 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT A
A 30 FOOT PUBLIC TRAIL EASEMENT SITUATED IN LOTS 3 AND 4 OF SECTION 14,
TOWNSHIP 8 SOUTH,RANGE B#'WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF PITKIN,STATE OF COLORADO,SAID EASEMENT LYING PAST OF THE
EASTERLY RIGHT OF WAY OF PRINCE CREEK ROAD AND NORTHERLY OF TYBAR
ROAD AS CONSTRUCTED AND IN PLACE.SAID EASEMENT BEING THE WESTERLY
30 1.6h1 OF THAT TRACT OF LAND DESCRIBED IN BOOK 580 AT PAGE 897 OF THE
P]TIUN COUNTY CLERK AND RECORDERS OFFICE,SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT OF LAND DESCRIBED
IN BOOK 580 AT PAGE 897;THENCE NORTH 8998'51"EAST ALONG THE
NORTHERLY LINE OF SAID TRACT OF LAND 30.06 FEET;THENCE LEAVING SAID
NORTHERLY LINE SOUTH 03°35'00"EAST BEING 30 FEET EASTERLY AND
PARALLEL TO THE WESTERLY LINE OF SAID TRACT OF LAND 48248 FEET TO A
POINT OF THE'SOUTHERLY LINE OF SAID TRACT OF LAND;THENCE NORTH
60°46'05"WEST ALONG SAID SOUTHERLY LINE 35.70 FEET TO THE SOUTHWEST
CORNER OF SAID TRACT OF LAND;THENCE NORTH 03°35400"WEST ALONG THE
WESTERLY LINE OF SAID TRACT OF LAND 465.00 FEET TO THE POINT OF
BEGINNING.SAID EASEMENT CONTAINING 14,212.1 SQUARE FEET AS DESCRIBED.
RECEPTION*636167,0211512017 at 11.00.33 AM, Pgs 5 of 25,Janice K.Vos Caudill,Pitkin County,CO
RECEPTION. 635819, 01/ .0,013117c:,Tin04,1c2.4.)34 PH, 4 OF 24,
JaniceK Vos Caudill,
Fanis Trail Easement
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RECEPTION#:636167,0211512017 at 11:00:33 AM, Pgs 6 of 25,Janice K.Vos Caudill,Pitkin County,CO
RECEPTIONM: 635819, 01/31/2017 at 04:12:34 PM, 5 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
CONTRACT N(1� 41
I 'Abe printed amnion deb fort except diRcmtiabl'aeons.bye tier approved by the Cohered()Rel Esse CemniWon.
2 (0854-I0.I1)(Mmdaioiy 1.12)
3
4 TILS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORESIGNLNG.
6
CONTRACT TO BUY AND SELL REAL ESTATE
e (LAND)
9 (R Property with No Residences)
l0
(ID Property with Residences-Residential Addendum Attached)
u
IS Date December I4 2016
13 AGREEMENT _
14 1. AGREEMENT. Buyer,identified in 12.1,aseecs to buy,and Seller,identified in 123,agrees to sell a trail cvunst maw
15 theWopecay described below on the terms and nmdkions set form in Nis contract(Contract).
16 2 PARTIES AND PROPERTY.
17 2.1. Beyer. Buyer,Bmr4 9f County Camsldrrin2se Pitkin C9amy Camndn will take title to a toil casement menthe
18 Prupeay described below_ mei
19 21 Assignability and Inurement.This Contract ❑Shall R Shall Nat be auigmbie by Buyer without Seller's prior
20 written consent. Except as so remitted, this Cowan shall inure m the benefit of and be binding upon the heirs, personal
21 representatives,sucamn and assigns of the parties.
21
23 23. Seller.Sella.DOUGLAS L FARRIS AND DOROTHEA A.PARRIS
19 �l
25 14. Property.The trail easement is described as 7,Afret wide and approximately 465 fan long,adjacent to the western,
26 southern,and lonhmn property boundaries as depicted an Exhibit A'tucked hereto.(the"Propert)and is opnion of the property
27 owned by the SrJkn described as 42 Tybar Ranch Road and 40Tybar Ranch Road,Carbondale,Colorado,81623,Assessor Pane
28 No.246314103004 iR the records of the P4tln County Assessor's ORa.
29
30 Known as portion o(42 Tibor Ranch Road and 10 Trims Ranch Road.Carbondale raoradn 81671
31 Street Address City Sure Zip
32 I " • T
P e _ __ _ _ _ ___ _ _. ,ye w„ a.A(P plflr
U. Indwell's. The Purchase Price includes the fallowing Rams(Inclusions):None
35 25.1. Matures All Eames attached to the Property on Me date of thio Conten.
36 Other Futures: None
37
38 If any futures are attached so the Property after the dale of this Contract.such additional futures arc also ireludcd in the Purdue -
39 Price.
40 35.2. Personal Property. lion the Propcny whirler attached a not on the dale of:his Contract none •
41
42 Oder Personal Property; none
43
44 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes(murpa personal
45 property taxes for the year ofClosing).liens and encumbrances.except none.Conveyance shall be by bill of sale m other applicable
46 legal instrument.
47 25.3. Trade fishnet With respect o trade fixtures,Seller and Buys agree as follows'. Nor applicable.
48
49 eb 0..L " ' r 'tt f , 8. e
30 Phew"?
It Mase rONTRACTTD WY A.YOs_Fll__REM ETfATE(LN81 Pearl illy
RECEPTION#636167,02/15/2017 at 11:00:33 AM,Pgs 7 of 25,Janice K.Vos Caudill, Pitkin County,CO
RECEPTION#: 635819, 01/31/2017 at 04:12:34 PM, 6 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
51
53 ."... - ...
54
55
57 m ISA'cite.
52 15.a' cite She`es. "^ w
58
59 ^Ste S.SH#W.Te rTv m1
60 NeMf.Reyeelm ' . ...
61
62 25.63. Other Rights:
63
64 ISS. Crowing Craps. With respect to growing crops.Sella end Buyer agree as follows:not applicable
65
66 16. Eeclosions. The following items art excluded(Exclusions): none.
67
66 3. DATES AND DEADLINES.
Item No. Reformat Event Date or Deadline
I §4.2 Alternative Earnest Money Deadline 3 business days from BOCC Second
Reding approving this Cooma.
See Addendum Paragraph It
Tide and Assodacon
§7.1 Record Tile Deadline January 27,2017
§7.2 Exceptions Request Deadline January 21,2012
§8.1 Record Tide Objection Deadline February 10,2017
§8.2 OD-Retold Title Deadline January 21.2017
11.2 0D-Record Tide Objection Deadline February 10,2017
4 9.3 Tide Resolution Deadline Febmay 17,2017
§73 Associ.ine Documeau Deadline WA
1.7) Associarion Docroseu Objection Deadline WA
I §85 Riese of Ern Refusal Deadline N/A
_ Sdki's Property D'edmvse
1 I 410.1 Sales Propeuy Di,clpsurc Deadline January 21,2017
-- - Loan ad Credit
12 §5.1 Was Application Deadline N/A
13 §5.2 Loam Cndilions Deadline N/A
14 §53 Buret Credit Intones/ion Deadline WA
15 553 Disapproval of Buyer's Credit nforn.tion Deadline N/A
Id 45.4 Existing Loan Dcuncnss Deadline N/A _
17 §5.4 Exiuiig Loan Dauoenn Obj iioo Deadline N/A
18 §5A Loan Tmnse'Approval Deadline NIA
Appraisal
19 §6 2 Appraisal Deadline NIA
20 §6.2 Appraisal Obiedinn Deadline NIA
Sanity
21 §9.1 Currrnt Survey Deadline January 20.2017
22 §9.2 Cumin Survey Objection Deadline February 3,2017
Inspection and Die Diligence
23 5 102 Inspection Objeclim Deadline February 1,2017 _
24 410.3 Inspection Resolution Deadline Febmay 82017 _
15 1103 Novelty Insurance Objection Deadline N/A
_
26 § 106 Due Diligence Documents Delivery Deadline N/A
27 § 10.7 Due Diligence Damments Objeciion Deadline WA
28 §10.8 Environmental Inspection Objection Deadline February I.20 7
29 § 10.8 ADA Enivaion Objection Deadline N/A
Nc QSUa11. COMRACI TO SOY AND SELL Rai 61-A1E IANIM Pato 1d If
RECEPTION#:636167,02/1 512 01 7 at 11:00:33 AM, Pgs 8 of 25,Janice K.Vos Caudill,Pitkin County,CO
RECEPTIONS: 635819, 01/31/2017 at 04:12:34 PM, 7 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
`b `=6 I l I �Te::ni Eaapp d.Sroietlrdk Dcaaline .. N/A.....
11 4I1.2 ;Tenant FsoppelStatements Oblecoan.Dodlinc N/A
32 ..123 ».=(:tai SDhate ate - February 24,24,2017
33 ^.y17 ' 3Pcucn Dam > ;..: :Upon Closieh . .
,. 34 coo nAr-:Posaeeron Mateo: Upon Clough
35" "428 ,AtentoDeadline Dhoe': :. : December- 1 DebolDNllfi -
36 ';428 :Attention Deadline Throe -:= .5109 MDT : .
69 Note:Applicability of Teems.
10 Any boa,blank or lire io this Convect left blank or completed w 4-h the abbreviation"N/A",ot De word Deleted means such
71 provision is Data and Deadlion(4'31,including tnydeadline,is not applicable and the corresponding',roomiest of this Contract
71 to which dfomce is made is deleted
7i The abbreviation NEC'(mutual accuuon of this Contact)mens the dab upon which both parties have signed this Gonad
74 4. PURCHASE PRICE AND TERMS.
75 4.1. Price and Tinny.ITe Purchase Pike seifotth below doll be payable in U S.Dollars by Rliyer as foikwe:
Item No.::i Reference Imn [ - .Amount Amoung _
—2 ::r44.z EeedetMuier • ' „' ..,_. s "1,0lIO.00
4 -i "44.6 AlleToronate Frt :-- "'j
N[A
5 - ':4a) SellmorPdvamFwamR - WA'
8 4a.1 CeshtClowin8 , -` d 'ID lMr SiJ
9 TOTAL 92\ qtl Sb d 21 9R1GV
16 4e3. Earnest held
lad The uuenio Money set fordi,dsturian,id, r),fin
n itsbfperionel account,ceck or on 'ealf efibotfer Sllr lot
A) Bayeand
r The andaneby inns visa age L ban Altof ernative
Earnest
19 NontyD Earnest M fNydepatmentllf Earners M cdney lhiaC vthrWantheStok Ilydg`eel an A3em:lw3 Famine
]9 InMconssined4y1r ire StIIezwd Eastoney erc other cbStbe On or fago before
deli dry ofLn433d43t,Owing
InsSI Man> 'Helder
HeldernTe paiics Sure;Stilts Earnest Money Ming
dept Eon bc[ nydelrcondimilit 'Oplinoney (Posing
SI Mane>: it The or bd etihnnic de49ery'af the Earnest Money depns0 to 4-h mp 9y cbMad g the Guying(Posing
8E Comparylif anY.ndbNom Clbsin8c:.: - -
Bl
BS vamfarede4oe1. M
96 412. Alternative set
siMoneyAlternative
Thtdet Money deliveringtheEarnest Marley.if other vane
Si came of tender4.2.2. Con - misMoey. If buyerihrE Right Money Date andime).
Si 4.Er Ret of Paondc in has CinMmTennunilS setlforin§25'adygsbdlsptanned
90 [tithe ifDe Eemw Flbaryu pe aled iy beie Caducd follliwConvedB tomvia Notice tilninie Seller
eRcept Awl
901 m924tifuyr ortBrMamyhugi with
Buy r.been itenmeuuafollowingmas. e•Ehps Ioiky Reease fo prees' execute aof
l
92 mmrnsoBeipt oBrhkowertlnS wirbBy written mutual arts.4-.e.,Evnen MoirYRekvtif d.wthm Mac days of
92 Seller's4. .. Ferro
osof fund: ..
93 43. ,16F0d Foods.Ally unts Funds byi he le.
pa
9i 4.3.2. De In Foods. All oa itPayableDathepurredof Closing mtiticinyhimafer fund.Cash f'Closing
96 endclosingin8 cons,eldische kandca comply c check(Good
od s Colorado lawn indudin8tlavonic wafer(uMs,nrOG Aebeek
97 savings and loan teller's Avhmkandcns. cfin(Coudhinds).
97 4�m. paidtit ale Funds. Al!Alent funds Closing to be paid a Closing or as PAR SHA in BE IN betFthe
98 Suss
rese timely paid dbwdlsdaleemca by Contract
CX Des Qom No SUCHNot
R DEFAULT.PAhTPSRALLHEI1ieend
99 8uyen in enamunt not l,mhen daleof this ctatas C. J(Daes_ Do 4.1, fundslurethat am immWimely.xn0ablc nM
101 available in vSemwnrncessnduntnuam tinoppedu Cosh at Dosing in hd.l.
101 4.4. SellerwConcession °Sueras Inapplicable.li able. mbie.
103 45. New matt 0mimino or nallplc
104 41. Assumption. to Finan g.inapplicableOmitted
/ ed
4-M 4.1. Seiler or Private Rnaadng. Dm(nedminopplim6te.
M®34-1611 CONT ACrlO BUY AND SELL REAL ESTATEf W:D) Pap 3At1
RECEPTION#:636167,0 211 512 01 7 at 11:00:33 AM, Pgs 9 of 25,Janice K.Vas Caudill,Pitkin County,CO
RECEPTIONS: 635819, 01/31/2017 at 04:12:34 PM, 8 OF 24,
Janice K. Vas Caudill, Pitkin County, CO
•
05 TRANSACTION PROVISIONS
116 5. FINANCING CONDITIONS AND OBLIGATIONS Omitted as inapplicable.
• 07 6. APPRAISAL PROVISIONS.Omitted as inayplicabk.
ole
• 09 7. EVIDENCE OP TITLE AND ASSOCIATION DOCUMENTS
• 10 7.1. Evidence of flue. Oa or before Record Tide Deadline(E 3).Seller shall cause to be furnished to Buyer.at Seller
II expense,a current commitment for owner's One insurance policy(Title Commitment)in an amount equal to the Parham Price,or
II if this box is checked, Q An Abstract of tide certified to a current date. _. .
. • .At Buym fkRer's
•
14 expense.Seller shall cause the title insurance policy to be issued and delivered to Buyer es soon as faactkablc al or after Closing.
15 The lice insolendrnmmitment ®Shall Q Shall Not commk to delae or insure over the steadied exceptions which relate tot(1
16 pates in posscssldt(1)twtorded easenena,(3)survey matters(4)unmarried mechanics'has.(5)gap period(effective dale
• 17 of commitment to date dad is recorded).and(6)unpaid taxa,arsearnents and unredeemed lax sales prim to the year of Claim
IS Any additional premium expense to obtain this addilional coverage shall be paid by ®Buyer Q Seller.
19 Note: The tisk insurance company may nor agree to delete onions=over any or all of the standard exceptions.Buyer shall have the
70 riglu to review the Title Commitment.its provisions and Title Documents(defined to 47.2).and if nal satisfactory to Buyer,Buyer
I I may exercise Buyer's rights pursuant to 113.1.
II 7.2. Capin of Exception On or beide Record Title Deadline(§3).Seller,at Sellers expense.shall furnish to Buyer
23 0)copies of any plats,dcclaredons,covenants.conditions and restrictions bac/ening
24 the Propeny,and(2)if a Ned Commitment is required to be furnished.end if this box is checked ®Copra of any Other
2s Documents(or,if ilkgibk,summitries of such documents)listed is the schedule of exceptions(Perery ons).Even if the box is not
26 checked.Seller shall have the obligation to furnish these documents pursuant to this section if requested by Buyer my lime on or
27 before Exeepdons Request Deadline(I 3).This rtquimmm shall pertain only rodaumena as shown ofrecord to the office of the
IB deck and monde in the county where the Property is heated.The Abstract or Trade Commitment,togaher with arty Copia or
29 Orninliltl of such documents furnished pursuant to this section,constitute the tide documents(collectively,Tide Documents).
30 7.3. homeowners'Association Documents )/applicable.
SI 72.1. Common Interest Community Disclosure.THE PROPERTY LS LOCATED WITHIN A COMMON
32 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY.THE OWNER
33 OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS' ASSOCIATION FOR THE
34 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE
35 ASSOCIATION.THE DECLARATION,BYLAWS,AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL
36 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY
37 ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE
35 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT.THE
39 DECLARATION, BYLAWS,AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE
40 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE
eI ASSOCIATION(OR A COMMITTEE OF THE ASSOCIATION)ANo THE APPROVAL OF THE ASSOCIATION.
4) PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE
43 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION.PURCHASERS SHOULD CAREFULLY READ
• 44 THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE
• 45 ASSOCIATION.
•
46 7.3.2. AssocLtina Documents to Buyer.
41 7.32. Conditional on Buyer's Review.
48 8. RECORD TITLE AND Off-RECORD TITLE MATTERS.
49 El. Record Tide Matte. Buyea has the right in review and object to any of the Title Documents(Right to Object.
50 Resolution).es ret fobs in§8.3 Buyer's objection may be based m arty unsatisfactory forma content of Tile Commitment.
51 notwithstanding§13,or any other unsatisfactory titlecondition,in Buyers sole subjective discretion.If Buyer objects to any of the
57 Tide Documents,Buser shall cause Sella to receive Buyers Notice no Tenninsle or Notice of Tide Objection on or before Record
53 Tide Objection Deadline(§3).If Erb Dacwena am not received by Buyer,on or before the Record Title Deadline(13),or if
54 there is an endorsement to the Title Commitment that adds a new Exception no dtk,a copy of the new Exception to tide and the
Sc modified Title Commitment shall be delivered to Buyer.Buyer shall cause Seller to tmive Buyer's Notice to Terminate or Notice
56 of Tide Objation o0 or before ten days abet receipt by Buyer of the following documents:(I)any required Title Document not
53 timely received by Buyer,(2)any change to the Tide Documents.or(3)endorsement to the Elk Commitment_If Seller receives
58 Buyer's Notice to Terminate or Notice of not Objection.pursuant to this§8.1(Record Title Matters),any title objection by Buyer
Na.q.Klalt. CO&TRARIV BUYANpbQl REAL 6rATEILANO) Par e er17
RECEPTION#:636167,02/151201 7 at 11:00:33 AM,Pgs 10 of 25,Janice K.Vos Caudill,Pitkin County,CO
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Janice K. Vos Caudill, Pitkin County, CO
•
59 and this Comma shall be governed by the provisions set fonh in§113(Right to Object,Resolution).If Seller does not mein
60 Bayer's Notice m Terminale or Notice of nut Objection by the alpliabk deadlinespecified above Buyn accepts the condition of
fit tide as disclosed by thtml.Documents as tatisfacimy.
62 92 Off-Record Title Mallen. Seller shall deem to Buyer on or before Off-Record TMa Deadens f131,nue copies
63 of all gri»ortureen bi Seal poneuion Sweai:int to the Prooiite audshaldudne U Hansa emcmenfe lie,(including.
64 without tAImon. rovemlwafol knpefmiena merit ed but nM ed Waded/ail bale title'nation ranclu/ins whMwl
65 limitation.deAk of fowl rrfood odd widow)not shown hr rubfk records.of which Soler hat teethe kniwfedre..Buyer shall
66 have the riga to inspect the Properly no invenigue if any third parry has any right idtle Pmperiy mnshawo by publk records(such
67 as an uarenoteled eminent,uorecmded lease,bowdery line diweyaacy or w.tcrvigMs)-Buyer',Notice to Terminate or Notice of
68 Title Objection of oily unnlisradpry condition(whether disclosed by Seller a revealed bysuch in:ee:ian,notwithstanding l 13),
69 in Buyers sok subjaiive discretion,shall be received by Sella on or before Off-Record Tide Objection Deadline 113)_If Seller
70 receives Buyer's Notice a Terminate or Notice or Title Objection pursuant to.this I 8.1(OR-Record Tide Mailers). my rile
21 objection by Buyer and this Contract shall be governed by the provisions sec forth in 113(Right to Object Resolution).If Sella
72 does not receive Buyers Noun toTrininue or Naive of Tide Objecboo,onor before OH-Reroed Tide Objection Deadline(§31.
73 Buyer adeps dile abject to such rights deny,of third ponies of whit+Buyer has actual knowledge
74 82 Right to Object,Reulodien Buyer's right to object to any tide suers shall Include,but not be limited to ewe
75 mailers set(ort inj18,1(Record Tide Manan).8.2(Off-Record Tide Mules)and 13(Transferor Thk).in Buyer's sole subjective
76 discretion(callatively.Nuke of Tole Objection).If Buyer objects to any nide matter,on or before the applicable deadline,Buyer
77 shall have the choice to either(I)object o the condition of tide,or(2)taminane this Connect.
2A 83.1. Title Resolution. If Seller receives Buyer's Notice of Tole Objection as provided in§8.1(Record Title
79 Manors)or{8.2(Off-Rand Tide Matters),on m before the applicable deadline.and if Buyer and Seller have roughed to a
BO written settlement thereof on or before Title Resolution Deadline(I 3),this Convict shalt terminate on the expiation of Title
81 Resolution Deadline(4 3).wiles,Sella receives Buyer's wrinen withdrawal of Buyer's Notice or Title Objection(i.e..Buyer's
82 written notice 1p waive objection to such items and waives the Right m laminae for that reuoa).on or before ekpinuion of Title
B) Resolution Deadline(4 3).
It 832 Right to Terminate-TIRE Objection. Buyer shall have the Right to Terminate under§25.1.on or before
e5 the appliublc deadline,based on any unsatisfactory title mann,in Buyers sole subjective discretion.
B6 8.4. Special Taxing Districts.SPECIAL TAXING purifiers MAY BE SUBJECT TO GENERAL OBLIGATION
87 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
85 PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS Di SUCH DISTRICTS MAY BE PLACED AT RISK
e9 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
90 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
91 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES BUYERS SHOULD INVESTIGATE THE
92 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY
93 TREASURER,BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY,AND BY OBTAINING
94 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
95 RECORDER,OR THECOUNTY ASSESSOR.
96 F s e . . . 'nrfS-3)arase many
98 BS. Right of First Refusal or Cortina Approval If dem is a right of fosl refusal on the Properly.or right to approve
99 this Contract.Seller shall p,oepily submit this Convect aaonling to the coma and conditions wt such right_lithe holder of dwnghi
_00 of Ern refusal eta-rises such right or the holder ofarighuo approve disapproves this CorlrarL this Contract shall lamina to
at right of first nasal is waived explicitly or expires,or deCmwact is apposed,this Contract shall remain in full face and effect
07 Saw han promptly notify Buyer in writing ache foregoing.If expired=or waiver of the right of Am refusal or Coarser approval
203 has not occurred on or before Right of First Refusal Deadline(4 31 this Contract shall then terminate
704 S.6. Title Advisory. The Title Documents affect Na title,oweAip and use ed the Prapany and should be reviewed
205artfully.Additionally:�oder matters not refected in the The Documents may affect the title,ownership and use of the Properly.
206 including without limitation.boundary lines and earo.Amena,newzoning.unrecorded easements andchdmsofeasements leans
203 and other ulveemdes agnanenq and varius laws and gavernmeaW regulations concerning land use, development and
201 environmental metiers.The surface estate may be owned separately from the underlying mineral estate,and transfer din surface
709 estate dos nm acnswily include transfer of the mineral rights or wale/rights.Third ponies may hold interests in oil,gas.other
210 minerals,geothermal energy or wager on or under the Property,which intros may give them rights to coin and Use the Property.
211 Such matters may be excluded hem or not covered by the tide insurance poky.Buyn is advised to timely consult legal counsel
I12 with rttpen 10 all such marten as Nae are strict time limits provided in this Contract leg,Record Title Objection Deadline(13)
20 and ORURecord Matters Objeedea Deadline(I 311
234 9. CURRENT SURVEY REVIEW.
215 9.1. CaneatSurrey Condition If the box in 19.1.1 or 19.12 is checked,Buyer,the issuer of the Title Comxniurcm or
216 the provider of the opinion of title if an abstract and Seller shell receive it Current Survey.i.e..Improvement Location Cenirnn,
Ito Mama CONRACITO WY AND SELL RPAI.ESTATE(tAh91 _ Nee 5:312
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Ill Irrprovamn Survey Plat or other form of survey set forth ie§9.1.2(collectively,Current Survey),on or before Cunent Survey
III Deadline(§3) The Curren Survey shill be ecreified by the surveyor to all Nott ate e to receive the Current Swy.
ve
219 ❑ gr. ir .L S. ." _ _ •
. .
220 ". 'Si.. r e en ' a n - r , I f .e r .,
221 ELL Other Survey. D the box in this§9.1.1 is checked,a Caren.Suety.other tun an Improvement Lc [tion
111 C"fame,shall be an Impinvatlnl Survey Plot 0 The parties agree that payntnt
213 of the cosi of the Curren:Survey ad obligmion n orderar provide the Current Survey shall solely be the responsibility of the Buyer.
214
215 9.2 Survey Objection Buyer stall have the right to review and object to the Curren Survey.Buyer shall have the Right
126 to Tennant under 25.1,nor before the Current Survey Objection Deadline(9 3),if the Correa Survey is notrimely received
117 by Buyer or based on any unsa isfutory matter with the Omen Survey,notwithstanding 9 8.2 or§ 13.
70 DISCLOSURE,INSPECTION AND DUE DILIGENCE
229 10. PROPERTY DISCLOSURE,INSPECTION,INDEMNITY,INSURABILITY,DUE DILIGENCE AND SOURCE OF
230 WATER.
231 10.1. Sauces Properly Diselosere Deadline. On or before Seller's Property Dutlemre Deadline(93),Seller arms to
111 deliver to Buyer the mast current version of the applicable Colorado Real Estate CommLsion's S'eller's Property Disclwhn Tam
133 completed by Sella to Seller's actual knowledge,current as of declare of this Contrsst.
234 10.2 Inspection Objection Deadline Unless otherwise provided in this Contract, Buyer acknowledges that Seller is
215 conveying the Property to Buyer in an"as is"condition,"where is"and 'with all faults".Seller shall disclose to Buyer,in writing.
136 any latent defects actually known by Seller.Buyer,acting in good faith.shalt have he right to have inspections(by one or mom
231 third parties,personally or born)of the Property and Inclusions Onpection),at Buyer's expense.If(1)the physical conditionofthe
138 Property.including.but not limited to,the roof,walls,structural integrity of die Property,the eltctical,dumbing.HVAC and other
239 mechanical systems of the Property.(2)the physical condition of the Inclusions.(3)service to the Property(including utilities end
240 communication services),systems and components of the Property. e.g heating and plumbing,(4)any proposed or cabling
241 vanponaion protect.road,street or highway,or(5)any other activity.ado.or noise(whether on or off the Pmpcny)and its effect
242 or expected elect on the Property OF its occupants is unsatisfactory,in Buyers sole subjective discretion,Buyer shall,on or before
20 Inspection Objection Deadline(§3):
24 1011. Notice to Terminate. Notify Seller in writing tit this Contract is terminated;re
245 10.22 Inspection Objection. Deliver to Sella a written description of any unsatisfaciory physical condition that
146 Buyer requires Seller le tatter.
247 Buyer.Nall have the Right lo Terminate under§25.1,on or before Impertian Objection Deadline U 3).bared on my
148 unsatisfactory physeal condition of the Property or Inclusions.in Buyer's sole subjective discretion.
249 105. bnpvtlon Resolution DnAine. If on lnspenion Objection is received by Sella,on or before Inspect/4m Objection
250 Deadline 19 3).and if Buyer and Sella have not agreed in wiling to a settlement thereof on or before Imptedn Resolution
251 Deadline 032 this Comsat shall lenninue on Inspection Rwiution Deadline(I 3).unless Seller receives Buyer's written
252 withdrawal of the Inspection Objection before such termination.iter.on or before expirain of Inspeetin Rrsolutin Deadline
253 031.
254 10.4. Damage,Lien and Indemnity. Buyer.except m otherwise provided in this.Contract or ocher wrioen sgtnment
155 between the panics,is responsible for payment for all ingredient,tests,surveys.engineering repeal,Cr any filer work perfonned
256 ah Buyer's request(Work)and shall pay for any drrnage that occurs in the Property end Inclusions as aresult of such Work.Buyer
157 skull not permit claims or Ikea of any kind against the Propmy for Work performed ante Properly to Buya's request
259
x60wainstaarsoolcliobiltwedornageratwocenpense. f ._ji • C _. ,1 . _ .• ,.
261 aA<4pahses.The provisions of this section shall survive the termination of this Contract
261 1 `T9 •" e` .:1' • .4! ' 'u'"i . + . r n,
254 Ob ' t . . .
165 10.6. Due Dilgnce Documnt& Sethi agrees to deliver copies of the following documents and information persiningio
166 the Property(Due Dilige ce Documenu)to Buyer on or beforeDue Diligence Documents Delivery Deadline(§3110 the extent
767 such Due Diligence Doeurcena exist and am in Seller's possession: See Addendum.
265 103. Doe Diligence Document Condition Buyer shall have the right to review and object to Due Diligence Documents,
169 zoning and any use resuictiom imposed by any governmental agency with jurisdiction over the Property(Toning),io Buyers sok
1/0 subjective discretion,or Seller's failure o deliver lo Buyer all Due Diligence Documents.Buyer shall also have the unilateral right
271 to waive any condition herein
No.CSS4.44.lt CONTRACT Toeen'ANLsu,L REL MATER-NB( _hoax'a 17__l
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212 1017.1. Due Diligence D.cnmcnb Objection. Buyer shall have the Right 1e Temtiane under 4 25.1.on or before
213 Due Diligence Damming ObJeplon DodBoe(I 35 based on any unenisfacrary mores with the Due Diligence Dominants is
214 Buyer's sole subjective discretion.If,Fosterer,Due Diligence D¢3uecnu an nes timely delivered under 4 10.6.or if Sega fails to
173 deliver dl Due Diligence Documents to Buyer.ttea Buyer shall have the Right to Tennieate under S 25.1 on or before the earlier of
276 ten days after Due Digitise/Doumenb Objection[Redline(43)or Closing
211 .. .
279 10.7.3. Source of Persia Water (RddenSal Load end Rnlde tial Irapm'ereenb Onyx Buyer 0 Does
280 0 Dan Not acknowledge receipt ofa copy df Seller's Progeny Disclomre or Source of Warn Addendumdkdnsing the source of
lel potable water fir the Propaty.Burr_Does 2(Does Not acknowledge receipt of a copy of the current well permit.
212 0 See sedan 2.5.4.5 regadng wain well rump.
253 Nob to Buyers SOME WATER PROVIDERS RELY,TO VARYING DEGREES, ON NONRENEWABLE GROUND
784 WATER.YOU BRAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)TO
285 DETERMINE THE LONGTERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
186 101. Due Diligence Rniiionnenbd,ADA. Buyer shall tore the right to obtain environmental inspections of the Progeny
187 including Phase 1 and Phase D Envirnmenial Sire Assessments,as epplkable al the eapense of Buyer.0 S" ❑B y `1.
289 4ts. - -
19n
291 ase 4 - 1'O' 1. (ARA � ) NI ' A ti. PSI" .1 � ..'
192 �' _ _ '.. .. .res Pita if )
293 14m.'-ahWTe.- vi. R a,. II L.:. ..t A m A ' '
294 4 , mJ o -
.L.
296
291 Buyer shall have the Right to te under 4 25.1 on orbeforeEnvironmental.basedInspection Objection DeadlineEnvron 3).Or
291 if applicable the Extended Environmental Inspection Objmioa Redline,based on any umetisfxmry results of Environmental
299 Inspection,in raga's
ve sole objective dimatioe.
300 BuyershallADA Evaluation.
Right Buyer' 1 15 l on or before ADA Evaluation Objection Deadline(5 3).baud on any
302 unsatisfactory ADA Evaluation.in Buyer's sole subjective discretion.
302 10.9. Existing fin
ng Leases;Moditioe of Edging Leases;New Loses. Omitted as Inapplicable.
303 II. TENANT ESTOPPEL STATEMENTS.
304 11.1. Tama Estoppel Sistem s%Conditions Omitted as Inapplicable.
305 112. Teasel Estoppel Statements Objection. Omined as Inapplicable.
306 CLOSING PROVISIONS
307 It. CLOSING DOCUMENTS,LNSTRUCFIONS AND CLOSING.
308 12.1. Closing Deeumeats end Closing Incantation. wk,and Bayes than cooperate withthe Closing Company wenabie
309 the Closing Company o prepare.rd deliver documents required for Closing to Buyer and Seller and their designees U Buyer is
310 obrainiestnew loan to purchase the Property,BunsackDowldguBuyer'sleds shall ben:gondto provide the Closing Compaq
311 in Timely manall required loan documentsad financial information concerning Buyer's new loan.Buyer and Sella will furnish
any additional
information and documents required by Closing Company that will be necessary 16 complete this transaction.Buyer
313 and Seiler shall sign and complete ell customary or reasonably required doamenu at or before Closing.
314 12.1 Closing Retractions Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instructions.
315 Such Closing Irsuuctiom ❑Ar. ®Art Not oeoukd with this Convect Upon mutual execution.❑Seller Buyer shall
316 deliver such Closing lnstmctions to the Closing Company.
317 123. Cloning. Delivery of the Property horn Serer to Buyer shall be at ekeing(Chanel Closing null be on the date
318 specified tithe Closing Dae f4 liar by mutual agreement at an earlier date.The hour and place ofClosing shill be ns designated
319 by Buyn.
310 12.4. Dbdomre of Settlement Costs. Buyer and Seller acknowledge that costs,quality,and extent of service vary between
321 diflcrn milkmen!service providers(e.g 'moneys,lenders inspeelors and title companies).
311 11 TRANSFER OF TITLE Snaps mlender of payment at Closing astequired herein and compliance by Buyer with the mho
32) arms and provisions hereof,Seller shall execute and deliver a good and mRmka Trail Enema to Buyer.a Closing.merey'ing
324 Ow I'4e., 'fen. S h -r YF . _ . . .. - . .
(N.QSL1011. CONTRACT TO BUY MO SELL PEAL FSTA3E Ma61 0.83 78.7 If
1
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325 ,: ' A rear,. ..r .. 'd ' a. '. ..s '. eras of as," ,'Bea.:-
326 . _ . .
321 131 Those specify Exceptions described by reference to apnea documents as reflected the Title Documeas aaeptrd
328 by Buyer in accordance with Record Tile Matters(§8.11.
329 132 Distribution utility easements(including cable TV).
330 13.3. Mose specifically described rights of third panic nm shown by the public records of which Buyer has actual
all knowledge and which weeraccepid by Buys in ascardone with Off-Record Tide Matters(48.2)and Current Survey Review
332 (§9),
333 114. Inclusion of she Property within any special taxing dxxie,and
334 L3S. Other
335 14. PAYMENT OF ENCUMBRANCES. Any enumbmnce required in be paid shill be paid at or before Closing from the
316 proceeds of this transaction or(tom any other source.
337 IS. CLOSING COSTS,CLOSING FEE,ASSOCIATION FEES AND TAXES.
338 15.1. Closing Costs. Buys and Seller shall pay,in Good Funds.their respective closing cow and all other items required
339 to be paid at Closing,except as otherwise provided herein.
340 151 Owing Services Fee The fee for sal estate closing service shall be paid at Closing by ® Buyer D Seller
341 0 OahHall by Bays and One-Hall by Seller D Other
312 155. Statue Letter and Transfer Fees Any Ices incident to the issuance of Association's uatemeat ofassessmeau(Solus
343 Lend shall be paid by DBuyer D Sean D One-Half by Buyer and Om-Hats by Seller®None.Any nosier fees sword
344 by the Association including,but not limited in,any record change fee,regardless of name Of dile of such fee(Association's Transfer
345 Fes)Wall bepaid by DBuyer OShcte DOoe-Half by Buytr and OneHal by Segs ®Nun..
346 155. Lod Transfer Tae DThe Local Transfer Tex dNags of the Purchase Price shall be paid at Closing by D
347 Buyer 0 Seller 0 One-Half by Buyer and One-Half by Seller 0 None.
348 153. Private Transfer Pee Private vendee Res and ocher lea due to transfer of Dc Prapeny,pa le at Closing,such
349 as community association fm,developer fees and foundation leu,shall be paid at Closing by D Buyer 0 Seller D One-Half
350 by Bayer and One.Half by Seller ®None.
351 15.6. Sales and Use in. Any Na and uc In Nat may acme because of this transaction shalt be paid when doe by
352 _Bayer 0 Seller D Onc-Half by Buyer ad One-Half by Seller X None.
353 16. PRORATIONS. The following shall be prorated to Closing Date(§3).except is otherwise provided:Bmpplim6!e
354 44'. T - ...... .... .: . ' .. . ..,e'. r cele
356
357 16.2. Rents. OminaInapplicable.
358 16.3. AssociatAssociationAesess
o
tioa Assessments. Omitted as inapplicable.
359 16.4. Other Pdntiou uwer
Wad and echargesvges,Waist an /e.
nag loam,andr
360 165. Final Setdeuieut Unless mherwise agreed in writing,these monitions be final.Na
361 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Posaian Date(13)as Posseaslon lime lg 3).
362 subject to the following Leases or'merrier None_
363
364 IfSeller.afserClosing.fails tdeliver possession auapccifid.Seller shall be subject to evktion and shall be additionally liable
365 to Buyer for payment of 50.00 pa day(or any past a day notwithstanding§ 18.1)from Poss.ssioo Date(§3)and Possession
366 Tinct(§3)until possession is cleliveaed.
367 GENERAL PROVISIONS
368 18.. DAY;COMPUTATION OF PERIOD OF DAYS,DEADLINE.
369 18.1. Day. As used in this Comms,the term"day'shall ran the entire day ending at 1159 pm.,United Sates Mountain
370 Time(Standard or Dayligin Savings as applicable).
371 18.2. Computation of Period of Days,Deadline In computing a paid ofdays.Menthe ending dare is not specified,the
312 fire day is excluded and the last thy is included,e. .,avec days sites MEC.If any deadline falls oe a Saturday.Sunday or(dual
373 or Colorado state holiday(Hotiday),such deadline 30 Shall 0 Shall Notbeextended to the nes day that is not a Saturday.Sunday
374 or Holiday.Should wither box be checked,the deadline shall not be extended.
Ne.
01S4.10.11. CONTRACT TO MN AND 5EL.REAL ESTATE/GNU) Perrlw'17
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375 19. CAUSES OF LOSS,INSURANCE;CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-
376 THROUGH. Extept as otherwise provided in this Contain.the Property,Inclusions or both shell be delivered in the cootirron
313 existing as of the due of this Contract.ordinary wear and tear excepred.
31H 131. Causes of Lass,Insrance. In the event the Property or Inclusions are damaged by Ort,other evils or tames of loss
319 prior to Closing th an amount of no more rhaa len percent of the tool Purchase Price(Properly Damage).Sellershan be obligated
3m to"Fair the same before Closing Date(4 3).to the event such damage is riot repaired within said time or if the damage exceeds
381 such sum,this Contract maybe=Monad at she oFrien of Buyer.Buyer stall have the Right tore:Mine under 415.1,cm or before
382 Closing Date(4 3).based on any Property Donne nor repaired before Closing Dale(4 3).Should Buyer elect to carry out this
313 Conran despite such Propmy Damage.Buyer shall he emitkd to a north at Closing foe all insurance proceeds that were reCeivd
384 by Seller(but not the Association.if my)resulting from such damage to the Property and!whiskies,plus de amount of any
3H5 deductible provided for in such rmwoncepolicy.Such emditshal]not tweed the Purchase Price.la tie event Seller has notreceived
386 such insurance proceeds prior to Cluing,the peeks may arm to extend the Closing Date(4 3)or,at the option or Buyer.Seller
381 shall assign such proceeds at Closed.plus credit Buys the amount of any deductible provided for in such insurance policy,bar sew
305 le exceed the total Purchase Price.
389 191 Damage,Inclusions sad Services. Should ray induian Or service(including utilities and communication services).
390 systems and components of the Napery,e.g..heating or plumbing,fail or be damaged between the date of this Contract rad Closing
391 or possession.whichever shall bendier,then Seller shall be liable for the repair or replacement of such Inclusion.service,system.
392 component or Sante of the Properly with a unit of similar size age and quality.or an cquivalenr credit but only to the exrmr that
393 the maintenance or replacement of such Inclusion,service.seem.component orfuture Is tut the responsibility of the Associaion,
394 if any, len any insurance proceeds received by Buyer covering seek repair a replxmam.Seller and Buyer are aware of the
395 existence ad troy of preowned borne wanasty programs dial may bepurchased atroy covertlle repair at replacement of suck Inclusions.
396 193. Condemnation. In the event Selo receives actual Boric prior to Closing that a pending condemnation action may
397 result is o taking of all tr pan of the Property or Inclusions.Seller shall promptly notify Buyer,in writing.of such condemnation
39S action.Buyer shall have the Right o Terminate under 425.1,on or before Clodng pate(43).based on such tondenutioe actin.
399 in Buyer's sole subjective discretion. Should Buyer elect to consomme.ibis Conrad despite nick diminution of value to the
400 Property and Inclusions.Buyer shall be articled to a credit at Closing for all condemnation proceeds awarded so Seller for the
401 diminution in the value of the Property or Inclusions but such[edit shall dol include relocation benefits or npenw,or exceed the
402 Purchase Price.
403 19.4. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,shell have the right to walk through
4W the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Comae_
405 19.5. Risk ofLan—Growing Crops. Ile nsk of loss far damage IC growing crops by fireor oder casualty shall he borne
406 by the party entitled to rhegrowing crops as provided in 4235 and such party shall be entitled to such insurance proceeds or benefits
407 for the growing crops.
401 W. RECOMMENDATION OF LEGAL AND TAX COUNSEL. Ifapplicable By signing this decumen,Buyer and Seiler
409 acknowledge char the respective broker has advised that this document has important legal mnsequeaes and has recommended the
410 examination of title ail consultation with legal and in or other counsel before signing this Contract-.
411 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Tine is affix aseeee hectorlfny notearcheck received as Earnest
412 Money hereunder or any ether payment due hereunder is not paid.honored or rendered when dum,or it any obligation hereunder is
413 not performed or waived as herein provided.there shall be the following remedws:
414 21.1. If Boys is In Default:
415 ❑ 21.1.1. Spedf Performance Seller may elect o treat this Contract as canceled,in which case all Earnest Money
416 (whether or not paid by Buyer)shall be paid to Sellerand retained by Sam end Seller may recover such damages as may he proper,
411 or Saner may elect to rut this Conran as being in full force and effect and Seller shall have the right In specific performance or
418 damages,or both.
419 21.11 Liquidated Damages,Applicable. This 4 21.1.2 shall apply unless die box in 6 ILLI.is decked.All
420 Earnest Money(whether or nor paid by Buyer)shall be paid to Seller.and retained by Seiko Both pmts shall thereafter be released
ear from all nbligdons hereunder.Ir is agreed that the Earnest Mosey specified In 84.1 is LIQUIDATED DAMAGES.and not a
422 penalty.which amount the panic spec is fair and reasonable and(except as provided in 49 104,22,ES and 24).said payment of
4z3 Earnest Money than be SFr I FR'S SOLE AND ONLY REMEDY for Buyer's failure to perform Be obligations of this Contract
424 Sellerpressly waives the remedies of speak performance and eddrtiomi damages
425 21.2. IfSeller is a Default: Buyer may elect to weal this Contract as canceled,in which case ell Earnest Money received
436 hereunder stall be retuned and Buyer may recover such damages as may be proper,or Buyer may elect 1m treat this Contract As
421 being in full force and effect and Buyer shall have the right o specific performance or damages,n both.
NeC8s41111. eavlgACT 10 gum ANDSELL RELESTATElLANUi ".earl
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in 22. LEGAL FEES,COST AND EXPENSES. Anything to the contrary herein nmwilhwnding,in the event of any rbima:nn
429 or litigation relating to this Contract.prior to or afar Dosing Dale(43),the arbitrator or coon shall awed to the prevailing pant
430 all reasonMIc coca and expenses,ircluding attorney fees,legal fm and expenses
431 21 MEDIATION. If dispute arises Noting to this Contract,prior to a after Closing and is not resolved,the parties must first
431 proem]in good faith to submit the miner to mediation.Mediation is a Pons in which the panics meet with an impanel person
433 who helps to resolve the dispute informally and confidentially.Mediators Lanni Impose biadieg Moos The ponies to the
434 dispute moot agree.ie writing,before any settlement is binding.The panics will jointly appoint an acceptable mediator and will
£35 share equally in the eau of such nadialion.The ndiatim unless otherwise agreed.will terminate in the even the entire depute is
436 not resolved within thirty days of the dae written notice requesting mediation is delivered by oto pony la the other Al the pan's
437 but known address.This session will mallet any disc in Ibis Contra,udas Mamie agreed
438 24. EARNEST MONEY DISPUTE Except as otherwise provided herein. Earnest Money Holder shall release the Ernst
439 Money as directed by written mutual inductions.signed by both Buyer and Seller.in the even of any controversy regarding the
440 Earnest Money(notwithstanding any termination of this Contract).Earnest Money Holder shall not be required to take any action.
441 E.vnest Money Holder,at its option and sok subjective discretion,may(I)await any paneling.12)invplead all panics and
442 deposit Earnest Money into a won of competent jurisdiction sad shall Imre(coat rots and reasonable artorney and legal km.or
443 (3)provide notice to Buyer and Seller that sinless Earners Money Holder revives a copy of the Sunmons and Complaint or Claim
444 (between Buyer and Seiler)containing the case number of the lawsuit(lawsuit)within me hundred twenty days of Earnest Money
145 Holder's notice to the ponies.Earnest Money Holder shall be authorized to return the Earnest Money lo Buyer.In the event Earnest
446 Money Holder does receive a copy of the lawswc and his not inlet-pled the monies d the time of any Oder,Canna Money Holder
447 shall disburse the Earnest Money pursuant to the Order of the Court.The panics reaffirm the obligation of Mediation(923).
448 25. TERM/NATION.
449 25.1. Right to Terminate If a party has a riga in laminate.as headed in this Contract(Right to Terminate), the
450 lermiwion shall be effective upon the other pay's receipt of written notice w terminate(Notice to Tenntratc).provided such
451 written notice wasreeived on or before the epplicabk deadlinespecified in this Contract If the Notice to Terminate is not received
452 on or before the specified deadline,the prey with the Right to Terminate shall hove accepted the specified mater,document or
453 condition assatisfactory end waived the Right to Terminate undo such provision.
454 25.2. Effect of Termination. In the even this Contract is terminated,all Eames Money received hereunder shall be
455 returned and the patties shall be relieved of all obligations hereunder.subject to 4f 104,22,al and24.
456 16. ENTIRE AGREEMENT,MODWICATION,SURYIYAL This Comm,its exhibits and specified addenda,constitute the
457 entire agreement between Use panics renting to the subject hereof.and any prior agrccsi ri pertaining therein,whcder oral or
458 written,have been merged and ingrate into this Conine-No subsequent modification of any of the tenni of this retract shall
459 be valid,binding upon the pasties,at enforceable unless made in writing and signed by the panics.Any obligation in this Caroms
460 that,by its terms,is intended to be perfumed after termination or Closing shall survive the same.
46t 17. NOTICE,DELWYERY,AND CHOICE OP LAW.
467 27.1. Physical Delivery. All notices nun be in writing.except as provided in f 272 Any document including a signed
463 document or notice,from or on behalf of Seller,and delivmed to Buyer shell be effective when physically received by Buyer.any
4(14 signatory on behalf of Buyer,any named individual of Buyer.any representative of Buyer.off.el:acegeS a al-afeka..a@ise
ee]
466 Any document,including a signed documem or notice,from or on behsa-of Buyer,and delivered to Seller shall be effective when
467 physically received by Seller,any signatory on behalf of Sella,any named individual of Seller,any representative of Seller,or
464 Brokerage Firm of Broke working with Seller Incept for delivery,after Casing.of the notice requesting mediation described in
469 4 23)end except as provided in f P.2.
470 27.2. Electronic Delivery. As on alternative to physical delivery.any document,including an signed document or wdten
471 notice, may be delivered in electronic form only by the following indicated methods: document Fnoimile ® Email
472 ®Intimal ❑No Electronic Delivery.If Be box 14o Demonic Delivery"Is checked,this 9 27.2 shall no be applicable and
473 f 27.1 shall gown notice and delivery.Docarmams with original tigmdun shall be provided upon request of any party.
474 213. Choke of Law. This Cnwaa and all disputes arising hereunder shalt be governed by and construed in accordance
475 with the laws of the State of Colorado that would be applicable to Colorado residents who sip a contract in Colorado for monk
476 located in Colorado,
477 28. NOTICE OF ACCEPTANCE,COUNTERPARTS.Pais proposal shall expire unless accepted in writing,by Buyer and
478 Seller,as evidenced by glairsignmuma below,and the offering perk receives notice of such acceptance content to f 27 on or before
479 AcceptanceDeadline Date(f3)and AstptamtDndllae rime 32).Ifaccepted,this dawned shall become a contract between
tia.CPS44011. COMMLTro elJYMNOSEA,REAL ESTATERAND) Peet 104117
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H0 Selb sd Boyo.A ropy of this docmml n.y be oalsend by ad pant separately.ad—nab pep has rn>.vl a copy
411 thereer.stabcopies uba saga*4;dbt deed to be a M a rdconpMemwrlatattnlfpeda.
482 29. ODODFATIl Byaed Rally arkaaarelst dwsb pa.ylw uoIIpdon loth loped bias Iaddbl Mesa limited
40 It ands i.B the dine td o146p666444kid,a 05 prairie=ortivxbg{a4NY,00 ted Oblplbe(15),Boatel Tab
4e vet "'la". TBW,MaiM (/1), Cans 644441 Bane (19) and Piopep D4il.rn, lep.tWa LdeemBT.
.403 luvrabSBp.D..DBilmeeaid*abr.(Wakr11 IO
406 •I 'ADOf1ONALPROYLLONSAtiOATUcUME4IS.
40 30. ADDITIONAL P11OY1SI0NS.Ino labwks*Waal paehims hive net beppnaEsteeby dee Caton&Ral Eau
484 Comnusim.) See anoddAddendum.d,antSurvey ReabdaeDadlsn:P.bw 1.ary la 2017.
d9 31. ATTACHMENTS.The'Sloan es ate s pal ollhu Canino Addradv rn,mbbsAddhbnaf Tmn end kMlb4A.
490
491 Neter The fdbwingdUclmve Arita are uuehd but tee 1101 a part M this Comet Moe.
49!
193 I SIONATIDSFS 1
494
MI1NCATION BY BOARD OF COUNTY
OOMMISSIONEAS
PITICD1`0UN Y0130.ISPA•{�y&�/d'/91LIS y7/(�; �����/� 1 `f,,',� yy)) �}/ Hyl
By: \so Ki �. 1Y. 1 t7.-vcr1kT Br.! \K ).11 tN!'s"" �' 7s5119-
Buyer's
/
Buyr's Sisson.= Dale Dote
[fir /
Aquonion Diaries 'Y
Neat
Tisk:
Address: See Mandan Adnav .Ste Addedun
Phe No.: _ .
Fhave Nm.:
FAS No.: Fu No.: .
Elawkd
nAnss: - : Became Abaco: '
• . _
Selke's His; minis L FAntsSellar Nana DC*ONIEA FARRIS
int »?,n
1FARRIS. 1a Jit la RoTTff L Date
S.Seller'sAlpacadtu
Rte UBLAS L FARRIS Dna Selkfs n oD
Adana 42 Tybar Ranch Road and 40 Tybar Maar 41 Tybar RecA Rod and 40 Tybar
Ranch Rad, Carbondde, Colorado, Rand Roar G2adak,Colorado.
11613 81613
Phone No.: Phone No.:
Fe.No: FAX No:
Elnvenk Adam. - . . Elawic Adana
491 FTID OF CONTRACF TO911f AND SELL REAL ESTATE 1---
Pa
—Nn 01514.11I1. CotallACITO Na ANOSE L UAL ESTATCMMI hip 11.417
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496
491
499
499 (Remainder of page intentionally left blank(
Naal5La.11. CONTRACT TO WYANOSELL REALEST4TE ELAM) P.ae 114117
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ADDENDUM—ADDITIONAL TERMS AND PROVISIONS TO CONTRACT TO B W AND
SELL REAL ESTATE BETWEEN BOARD OF COUNTY COMMISSIONERS OF PTTIUN
COUNTY,COLORADO AS BUYER AND DOUGLAS L.FARRIS AND DOROTI§EA A.
FARRIS,AS SELLER,
THIS ADDENDUM is entered into simultaneously with the Contract to Buy and Sell Real Estate(Land)
dated December /6,2016.('Couract")entered into by the above-nand parties. This Addendum is
supported by the same considerations as expressed in such Contract and the mutual terms,conditions end
covenants set forth below. Capitalized terms herein shall have the same meanings set forth in the Contract_
In the event of any conflict between the Contract and this Addendum the provisions of this Addendum shall
govern and control. References herein to the"Conn"shall include all of the terms and conditions of this
Addendum
1. Property. The real property(the"Property')to be conveyed by Seller to Buyer at closing is a
trail easement interest in the Prcperty described as '3Qfeet wide and approximately465 feel long.
adjacent to the wester,southeast and northern boundaries.being a portion of the property owned by the
Sellers described as 42 Tybar Ranch Road and 40 Tybar Ranch Road.Carbondale,Colorado.81623.
Assessor Parcel No.246314200004 in the records of the Pitkin County Assessor's office,as depicted in
Exhibit A of the Contact attached hereto,end as will be more specifically defined upon the completion of
an improvement survey plat to be completed in the near future. At Closing,Seller shell convey to Buyer
a Trail Easement to the Property,subject to the exceptions to title listed on the Title Commitment and
accepted by Buyer.
Thc trail easement is defined as ID feu wide,however the as-built trail will not exceed 10 feet in width.
The additional easement area is required to accommodate the existing geography(trees.swales,rocks etc...).
and to be used for trail maintenance and emergency situations.
2. Surveys. On or before the Current Survey Deadline,Buyer shall receive a currentlmprovennt Survey
Plat of the property certified by a licensed Colorado surveyor for the express benefit of Seller,Buyer and the
Title Company,depicting all Property corners,improvements,easements and rights of way,driveways,
parking areas,walls,fences,encmachmenrs on or of the Property,utility lines and utility installations,and
restrictions of record.Cost of the survey shall be borne by Buyer.The Improvement Survey Plat shall be in
form and content sufficient to cause the title company to issue an endorsement to its title commitment
agreeing to delete from Schedule B(Section 2)of its robe-issued title policy standard printed exception Nos.
1-3 Sr no cost to Buyer-In the event the Improvement Survey Plat discloses nutters which in the Buyer's
opinion constitute defects in the merchantability of Seller's title,Buyer must give Seller written notice of such
unsatisfactory title condition(s)no later than the Title Objection Deadline.If Buyer in leer gives such notice
to Seller in a timely mariner,the provisions of§9.2 of the Contract shall apply thereto.If no such notice is
timely given,Buyer shall be deemed to have waived any objections to matters shown on the Improvement
Survey Plat. The Parties acknowledge that the legal boundaries of the Property will not be established until
the Improvement Survey Piet is approved by both Buyer and Sella.
3. Standard Schedule 13-2 Excepduna Seller shall furnish to the Buyer at Buyer's expense an
endorsement from Land title Guarantee Company to delete standard exceptions 1 through 5 on Schedule B-2
of the Title Insurance Commitment-
4. Additional Documents. At Closing,Seller shall execute and deliver such documents as shall be
necessary to transfer and convey a bail easement interest over the Property to Buyer,fee and clear of nghl.
tide and interest of Seller,except as provided in Paragraph I of this Addendum
Na.®V.1011. CONTRACT TO BUY AND SELL REAL ESTATE1LMDl
Pan LI of 17
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S. Plata on EarMJtMoMY Any and all monies paid by Buyer prior to closinj(shall be placed in an
insured,iotertF bearing imq_eynierke+ype account with a local commercial tank%ith all'nterea Merton to
accrue for the benefit-Of Bayer Whether or not Buyer shall ever be in default under this Contract resulting in
e forfeiture of iSmest money,Buyer shall nevertheless beentitled to retain,as its sole and separate
property.ell interest eared on said cameo money.
6. Natters. Any notice,demand or document which either pany is required or tray desire to give,deliver
or nuke to the other party shall be delivered in accordance with Section 27 of the Contract,addrtaed as
follows:
To buyer: AUG:Dao Will
Director,Pitkin County Open Spam end Trails
530 Best Main Street 31/Floor
Aspen,CO 81611
Facsimile No.(970)920-5198
e mit:daltwillepitkincounty.com
With copy to: IoM Ely,County Attorney
Pitkin County.Colorado
530 East Main Street
Aspen,CO B 1611
Facsimile No.:(970)920-5198
errui john.ely@pitkineounty.com
To Seller: Douglas L.Funis and Dorothea A.Faris
42 Tybar Ranch Road and 40Tyar Ranch Road
CwbaMgle,Colorado,81673
email: �vs 1st S.Wrostrn ,nW
7. FroIadve Covenants Rei.rdine Future Uses of the Property. The Panics uknowledge that
the use of the Properly.shell be eipiessly limited to hiking.mountain biking and equestrian trail uses and
Mat any mottai ed uses shall be strictly prohibited,except for motorized vehicles used exclusively for
trail conswcdon,meiwenu,e and emergency response servicer by Buyer and/or it aatharizd agents and
governmental affiliates.
8. 5eler's Reserved-Weer Rights and Water Facilites. All water rights.whether adjudicated.
unadjudfen d.historically btMPo6ng or appurtenant to the Property are and shall be expressly excluded
and reserved(mai this Contract
9. No Brasher°monkalges Sella and Buyer represent to each other that no brokers are involved in
this transaction. Eich POWShall defend,indemnify and save the other pasty harmless from and against any
and all claims,suits.expenses,a attorney's fees for any said real estate commission and brokerage charges
caused by such pang
Ne.CBSt.larr CONTRACT"TO 5trY AM15II1 REAL ESTATE(LAND)
Pate la d]7
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10. Miscellaneous_
(alSaturday.Sunday or Holiday If any lime period referred to in this Contract shall end on a
Saturday,Sunday or legal holiday,such time period shall automatically be extended to the first
regular business day thereafter.
(b) Controlling Law. This Contract shall be construed in accordance with and governed by the laws
of the State of Colorado.The parties hereto agree end intend that the proper and exclusive forum
for any litigation of any disputes or controversies arising out of or related to this Contract shall be
the District Court(or Pitkin County,Colorado.For purposes of any litigation,the panics consent
to the chosen foram for purposes of jurisdiction and venue.
(c) Counterparts.This Contract(or any amendments,modifications cc extensions hereof)may be
executed in several counterparts and,after execution and as executed,shall constitute an
agreement binding on all of the parties,notwithstanding that all of the panics are not signatories to
the original or the same counterpart.
(d) Further Assurances. Each of the parties agree to execute,acknowledge,deliver,file and record.nr
cause to be executed,acknowledged,delivered,filed and recorded such further instruments and
documents end such certificates,and to do all things and acts as the other party may reasonably
require in order to any out the intentions of this Contract and the transaction contemplated
hereby.
(e) Survival.MI of the warranties and representations contained in this Contract of an ongoing nature
or intended m survive shall survive the actual closing of the transaction contemplated thereby.
(f) Construction. No provision of this Contract shall be construed against or interpreted to the
disadvantage of any party by reason of such parry having or being deemed to have requested,
drafted,required or an.tured such provision. ft is the intention of the panics that the party who
employed the scrivener to prepare this Contract not bc prejudiced by virtue of such act,nor shall
tilts Contract be construed against such puny by virtue of its actions in retaining the scrivener.
(g)Attorneys'Fees. In the event of any action for breach of,to enforce the previsions of.orothtn'ise
involving this Contract,the court in such action shall award a reasonable sum as attorneys'fees to
the party who,in light of the issues litigated and the court's decision on those issues,was the
prevailing party in the action. If a patty voluntarily dismisses an action,a reasonable sum as
attorneys'fees shall be awarded to the other party.
11. Bond of County Commissioners Approval Contingency. Notwithstanding the signature of the Open
Space and Trails Acquisition Director recommending approval,the obligation of the Buyer to perform
hereunder is expressly contingent on the adoption by Buyer of an ordinance authorizing the sale of the
Property to Buyer pursuant to this Contract In the event the ordinance is not adapted by Buyer by
January 27th.2017.or by any extension as the parties may,in writing agree,then either Seller or Buyer
may,upon written notice to the other.terminate this Contract whereupon Buyer shall be entitled to•
prompt return of all Earnest Money paid. For purposes of establishing dates and deadlines for
performance under Section 3 of the Contract,the ordinance adopting approval of this Contract shall be
deemed effective on the day such ordinance receives a majority vote of approval of the Board of County
Commissioners at second reading of the ordinance. In the event such ordinance is timely adopted,Seller
NcC2setLtt CONrtkCTTOBIN AND sauwLESTAretuND)
0.ar1SH17
1
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shall,al the request of Buyer,rt cxecvte this Contra below the signature bf the Cntuman or Vice-
Chairman of Mikis]County Board ofCounty Cornu issiuncrs,as provided below.
APPROVAL OF PITKIN COUNTY,COLORADO
BO_��fD/J OF COU COMMISSIONERS:
By/1/.td4', A.ZJ/J:twn
I ` Chaim=
Date of Approval of SNS Reading- i/9.,�/��
SELLER'S ACKNOWLEDGEMENT:
By: fiiki1ed,3912sree
Dorothea A.Faro"
By:tete- d' J0.AL
Dougl '�-Farris
Na.OW.-10-1L CONTRACT TO WV AND SILL REAL ESTATE CUPID)
eMEldul]
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EXHIBIT
Map of the Property
6]YN:
Na@54111.11. COMMCI TO BUY nn BELL REAL ESTATE(LAND)
� P.uN 11 y
�i Plv:i� ilYtNgW I iGM4
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hite3 !iC /
` ,0777I� tid. _ . ( ,.
Pill
Al ill
I I'll
I
_ ) i ; 41 :II
'NI" :.-a a E.y 2r t.. :. _ / 'i11
I Iti t I , . , i
�I I
f4€ ',a
';iI 4:,'( /1J N
. 1Ol Nl/
v1/a ..ars -
(Iii' Z V nd H19 3111 30 41 asd _c s .1 r Jas
j I r UNV sl0 W 031v`!l/ OW7 J / 12VYJ V
3i v)v 3 13 .11 v0 1? JN3 i43AO8SIVI
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1
2 The printed portions of this form nee$d6emntlAted Saone,bore been approved by Jr Colorado Reid Eat
3 Commission.(AES I-5-09)(Medarory 109)
a .-
5 TRES FORM BAS IMPORTANT LEGAL CONSEOVENCES ATM TUE PARTIES 5egeA CONSULT LEGAL APO TAX OR omMRR
6 COOMTL lUPORESIGNB:4
7 AGREEMENT TO AMEND/EXTEND CONTRACT
a
Daie:,lanoary 73,E017
9
10 I. This wendscoronet anciadie cdated gecanber16,2016(Contras),b
ras), neml301M>f AS I FARRIS AND
II QOROTOTHFA A.FAARIS(Seller).ad ROAM Of Colmar C mmiselihe of Pakbt Colgan Cobletla portion
twang
12 ro the sale nM porchae of die following legally described naleaae o thef ryat FIIk4y Clado: aportion el 42
13 Tybar Ranch Road anal 40 Tyber Ranch Road,Caboraleb,Colorado,61623. I
u known as No.
Sunt Address City State Zip
15 NNOTE:Ery ion Is ten Monk or the Ism"No Change b imeraad.i1 mom m charge. The a66reviaMeo"NIA"Cr
16 the word" .Wad"Senn net CRpknMe ad when Lured an nay line hi Than Rud Deadline(4 23)mm Out the
IT corresponding Provision of the CootroM la*Melt rehire=Is made b delebnt
II
19 2. 413. DATES AND DEADLINES. [NOTE:Tbb tabic may be dekadd inapplicable]
20
_. I�pupu - HTeel- '_ __ _ .7 II-Mie DndBx_
I 114.2.1 �Alreonave Earnest Mont Deadline
12— . 45.1 _ �Laan Appliauioo Deadlin I
IT - 15.2 lLoan Conditions Deadline
t4 :15.3 Buya'sCMit ln(amuin Drdlin I
15.__--1153 ---[Divppay.l of Buttes Cieditlnrasntion Deadline i
-_I
t 6 1154 _L Existing Damam mDeadline I-._
_
j T ri 34 II Existing Lean Doaonns Oblation Deadhne -r -_-
r 8i _ .11-5.4 1 Loan ha_dc Approval Deadline _.r.--_--._--_
j9 11621 ; Apse rorlDodln
X 10 14 6{612 i,Appraisal Objesdon,Dendline � ---
i II [7.1 1 Title fkdlirre
12 Daman/RegrmtD aline I -I
—TIC;
112 ( 73 ;SurveyOn11i '
( lo fTA.d.I CIC Docurtcm Davila. i
115 14TAs ICIC Dannon Objectioe Deadline t _
I16-- -_: 1e.1 nm o*jndonOeadYrc
t17 ' 18,2 IOR-Record Mauna Dead�ios—. ._.___. 1
[ 18 '49.1 1 OB-Batoad Manors Oblmioe Deadline t -----.__—__.—
I19Ifall I Survey O6leOue Du4lid - � __---- I
j20 Ifa.6 i.RiTM Of Feu RetinalDeadline i
121 -_- -110.1 I Seller'Property Duclwue Deadline ----__--I li
(—n • 4101 13mpeain Oblmion Deadline —1-
F23 • S ID.IInepecdoh Raototion Deadline
_ I
124 110.5 f Popertyi49F449c Obicaln.Dsaiun
1l5 112 +Ckdw Daae —I ---
-- a
•cr .1..540 Apneaa A.emsaacnnol - 01121/17 n1117 PM ns tee±
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-pC Na Fidsu •
_ I DNEe4 R4k _--'
176--1 117 j paaatin Oak
' Time
—_I •
21
22 3. Other dales or deadlines set fora in teConnmt mall be changed as follows:
23
24
25 4. Adetionol av<dnaeu:
26 1. Secban 13 of the Contiactshal Include the larguags that was shock out ins es 323 through 328.
27
28 2 In Ankle Sol Addendum 1 to Bre Contract,the To Buyer'shall be clanged lo:
29 Board of County Cemmissbrn of PUN County
30 c/o Dale W 81,Acqu3Bbn'end Special Projects Oiecdar
31 606 WW1 Hallam Sheol
32 Aspen C081611
33 co Dale.Willechlkicotmty.com:
34
15 and With a Copy To'shah be dnnged Iv to lolowng'
36 John Ey
37 Ppkin County Attorney
38 123 Earns Road,Suite 204
39 Basalt 0081621
40 FecaiWk No4(970)9245196
41 John.ElyOplkircourdy.con.
42
43 All otter Ian and coldi:io s of the Compri shall amain the same.
44
45 This proposal shall conic Wee&awl in'rains by Sclkr mad Bele as evidenced by ter chrome below and the orreries parry
to this donee*receives=lies of such acceptance no a berme
]]
Dew Tnw
46 Du �_I
Date �IN, Dale_
Board bl County Commlaslonen or
Berri Name Pilkil County,Colorado Buyer's Name 1
4748 k IN
B Bnalme Hyei Siouan
49
JO D le •
/Bab ° i � 3 a DatMHO e, -7/
Setters Name:
DOUGLAS L FARMS Seiler's Nam: DOROTHEA A FARRIS
51
52 -
Sellers Si4nmore Stllv'S Sipamrt
53
k <oiaun K1s ^pv+"1uAadi Wcw, la 12.13 PN rip Ian
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CONTRACT NJ__y L
•
•
AN ORDNANCE OF THE BOARD OF.COUNTY COMMISSIONERS OF PITIQN
COUNTY,COLORADO,AUTHORIZING ACQUISITION OF TILE FARRIS TRAIL
EASEMENT
ORDINANCE NO. 6167 -2017
• RECITALS:
I. Pursuant to 30-35-30f C.RS.,the Board of County Commissioners("BOCC")of Home
Rule Counties is authorized to make and publish ordinances for carrying into effect or
discharging the powers and duties conferred upon such counties by law and as seems
necessary.
•
2. Pursuant to Section 2.81 of the Home Rule Charter,the BOCC is authorized to take
official action by Ordinance for certain matters where action is prescribed pursuant to the
Colorado Revised Statues as amended.
3. The Voters of Piddn County and the Pitkin CountyCommissioners 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
Mods.
4. The Open Space and Trails Program is charged with providing recreational opportunities
throughout Pitkin County.
5. The Faith Trail Easement property(the"Property")owned by Douglas and Dorothea Farris
and legally described as attached in Exhibit A possesses scenic, wildlife, and natural
recreation activities.
6.. The BOCC fords 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.
7. On January 5,2017,the Pitkin County Open Space and Trails Board recommended that the
BOCC approve the proposed Contract and Ordinance.
8. The Chair or Char's designee shall be authorized to sign the documents necessary to complete
ibis transaction in substantially that form approved by the County Attorney.
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Janice K. Vos Caudill, Pitkin County, CO
INTRODUCED AND FIRST READ.ON THE 11th DAY OF JANUARY,2017 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE.25th DAY OF JANUARY,2017
NOTICE OF.PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORD ANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE %a- DAY
OFL ,2017.
.D,__
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE O FICIAL PITKJN COUNTY.WEBSITE(www oilkincounty wrn ION THE I-7
DAY OF Nvuryj. 2017
AD PIED AFTER FINAL READING AND PUBLIC HEARING ON THE 2DAY OF
'i 2012
PUBLISHED BY TITLE AND SHORTS AFTER ADOPTION,IN THE ASPEN' '
TIMES WEEKLY ON THE.°o-la DAY OFA too-r.%%,-2017
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE(twincorn)ON THE 774 DAY OF /i./ ,2017.
BOARD OF COUNTY COMMISSIONERS
Ir
Br r 1, ./. A 'IAl
J 9 etre Jones ( '- George Neu ,Cha
D •utyCounty CI• k
Date
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely,Coony on 'canonic, ounty Manager
Gary Tannenbaum,
Director Open Space&Trails
RECEPTION*: 635819, 01/31/2017 at 04:12:34 PM, 3 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT A
A 30 FOOT PUBLIC TRAIL EASEMENT SITUATED IN LOTS 3 AND 4 OF SECTION 14,
TOWNSHIP 8 SOUTH,RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF PITKIN,STATE OF COLORADO,SAID EASEMENT LYING EAST OF THE
EASTERLY RIGHT OF WAY OF PRINCE CREEK ROAD AND NORTHERLY OF TYBAR
ROAD AS CONSTRUCTED AND IN PLACE.SAID EASEMENT BEING THE WESTERLY
30 FEET OF THAT TRACT OF LAND DESCRIBED IN BOOK 580 AT PAGE 897 OF THE
PITKIN COUNTY CLERK AND RECORDERS OFFICE,SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT OF LAND DESCRIBED
IN BOOK 580 AT PAGE 897;THENCE NORTH 89°58'51"EAST ALONG THE
NORTHERLY LINE OF SAID TRACT OF LAND 30.06 FEET;THENCE LEAVING SAID
NORTHERLY LINE SOUTH 03°35100"EAST BEING 30 FEET EASTERLY AND
PARALLEL TO THE WESTERLY LINE OF SAID TRACT OF LAND 482.48 FEET TO A
POINT OF THE'SOUTHERLY LINE OF SAID TRACT OF LAND;THENCE NORTH
60046105"WEST ALONG SAID SOUTHERLY LINE 35.70 FEET TO THE SOUTHWEST
CORNER OF SAID TRACT OF LAND;THENCE NORTH 03°35'00"WEST ALONG THE
WESTERLY LINE OF SAID TRACT OF LAND 465.00 FEET TO THE POINT OF
BEGINNING.SAID EASEMENT CONTAINING 14,212.1 SQUARE FEET AS DESCRIBED.
RECEPTION#: 635819, 01/31/2017 at 04:12:34 PM, 4 OF 24,
Janice K. Vas Cautlill, Pitkin County, CO
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RECEPTION#: 635819, 01/31/2017 at 04:12:34 PM, 5 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
CONTRACT NDS . _.
f •
t
I The primed portions ofthi,form.except differentiated additions.have been approved by the Colorado Real Estate Commission.
2 (C85410.1 p(Mandatory 1-12)
3
4 TRIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORESIGNING.
6
CONTRACT TO BUY AND SELL REAL ESTATE
(LAND)
9 (®Property with No Residences)
to (El Property with Residences-Residential Addendum Attached)
11
12 Date:December 16.2016
3 AGREEMENT
14 1. AGREEMENT. Buyer,identified in§2.1,agrees to buy,and Seller,identified in§2.3,agrtes to sell a trail easement ever
15 t-P.epeny described below on the terms and conditions set forth in this contract(Contract).
16 2. PARTIES AND PROPERTY.
17 2.1. Boyer. Buyer,Board of County Commissioners,Pitkin County.Colorado,will take title to a trail easement overthe
13 Property described below.- ! :: . • - - re :. —_
19 2.2. Assignability and Inurement. This Contract ❑Shall ®Shall Not be assignable by Buyer without Seller's prior
20 written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal
21 representatives,successors and assigns of the parties.
22
23 2.3. Seller. Seller,DOUGLAS L.PARRIS AND DOROTHEA A.FARRIS
24 qC
25 2.4. Property. The trail easement is described as W feet wide and approximately 465 feet long,adjacent to die western,
26 southern,and northern property boundaries as depicted on Exhibit A attached hereto,(the"Property")and is a portion of the property
27 owned by the Sellers described as 42 Tybar Ranch Road and 40 Tybar Ranch Road,Carbondale,Colorado,81623,Assessor Parcel
28 No.246314200004 in the records of the Pitkin County Assessors Office.
29
30 Known as a portion of 42 Tybar Ranch Road and 40 Tybar Ranch Road.Carbondale,Colorado,81623
31 Street Address City State Zip
32
34 2.5. Inclusions. The Purchase Price includes the following items(Inclusions):Alone
35 2.5.1. Fixtures. All fixtures attached to the Property on the date of this Contract.
36 Other Fixtures: None.
•
37
38 If any fixtures are attached to the Property after the date of this Contract,such additional fixtures arc also included in the Purchase '
39 Price.
40 252 Personal Property. ]fon the Property whether attached or not on the date of this Contract: note.
41
42 Other Personal Property: none
43
44 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes(except personal
45 property taxes for the year ofClosing),liens and encumbrances.except none.Conveyance shall be by bill of sale or other applicable
46 legal instrument.
47 253. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows: Nor applicable.
4S
49 - .. :-.: : .
No.OiStoo.11. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page (WO
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Janice K. Vos Caudill, Pitkin County, CO
524-Ware 91geL W..__ _ _
53
54
55 A..,-' e..:gh.,shdFb.-mrveyedu'y ®b .a:rvt4Sale Dull-OR•e oppr,00lebe,aF:.w«a.
56 N 81.5A:2. W. g"l
57
58
59 .. f ._ ..
62 2.5.4.5. Other Rights:
63
64 2.5.5. Growing Crops. With respect to growing crops.Seller and Buyer agree as follows:nor applicable
65
66 2.6. Exclusions. The following items are excluded(Exclusions): none.
67
68 3. DATES AND DEADLINES.
Item No. Reference Event Date or Deadline
1 §4.2 Alternative Earnest Money Deadline 3 business days from BOCC Second
Reading approving this Contract
See Addendum Paragraph 11.
Title and Association
2 §7.1 Record Title Deadline January 27,2017
3 §7.2 Exceptions Request Deadline January 27,2017
4 §8.1 Record Title Objection Deadline February 10,2017
5 §8.2 Off-Record Title Deadline January 27,2017
6 §8.2 Off-Record Title Objection Deadline February 10.2017
7 §8.3 Title Resolution Deadline February 17.2017
0 §73 Association Documents Deadline N/A
' 9 §7.3 Association Documents Objection Deadline N/A _
10 §8.5 Right of First Refusal Deadline N/A
Seller's Property Disclosure
I1 §10.1 Seller's Property Disclosure Deadline January 27,2017
Loan and Credit
12 §5.1 Loan Application Deadline N/A
13 §5.2 Loan Conditions Deadline N/A
14 §5.3 Buyer's Credit Information Deadline N/A __ _
15 §5.3 Disapproval of Buyer's Credit Information Deadline N/A
16 §5.4 Existing Loan Documents Deadline N/A
17 §54 Existing Loan Documents Objection Deadline N/A
18 §5.4 Loan Transfer Approval Deadline N/A
Appraisal
19 §6.2_ Appraisal Deadline N/A
20 §6.2 Appraisal Objection Deadline N/A
Survey
21 §9.1 Current Survey Deadline January 20,2017
22 §92 Current Survey Objection Deadline February 3,2017'
Inspection and Due Diligence
23 § 10.2 Inspection Objection Deadline February 1,2017
24__ § 10.3 Inspection Resolution Deadline February 8,2017
25 § 10.5 Property Insurance Objection Deadline N/A
26 § 10.6 Due Diligence Documents Delivery Deadline N/A
27 § 10.7 Due Diligence Documents Objection Deadline N/A
28 § 10.8 Environmental Inspection Objection Deadline February 1,2017
29 § 10.8 ADA Evaluation Objection Deadline N/A
No.CE54.10-I1. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page l of 17 l
1
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Janice K. Vos Caudill, Pitkin County, CO
`30 § 111 ' Tenni Estoppel Statements Deadline N/A
b31 § 112'-: TerwntEstoppel Statements Objection Deadline N/A
Closing and Possession
'.32 § U 3 Closing Date February 24,2017
33 § ❑ .Possession Date Upon Closing
34 § 17 Possession Time Upon Closing
35 §28 Acceptance Deadline Date December 16,2016
36 §28 Acceptance Deadline Time 5:00 p.m MDT
69 Note:Applicability of Terms... _.
70 Any box,blank or line in this Contract left blank or completed with the abbreviation"N/A",or the word"Deleted"means such
71 provision in Dates and Deadlines(§3),including any deadline,is not applicable and the corresponding provision of this Contract
72 to which reference is made is deleted.
73 The abbreviation"MEC'(mutual execution of Contract)means the date upon which both parties have signed this Contract.
74 4. PURCHASE PRICE AND TERMS.
75 4.1. Price and Tenng. The Purchase Price set forth below shall be payable in US.Dollars by Buyer as follows.
Item No. ".Reference Item Amount Amount
s:. 1 4 1 Y Purchase Pnce —_ PS s 0 .517
;:2 §42 : '. Earnest Motet' S `.I,OO..00
t4 ¢46 Asiumptson Balance ." < ''
5 ¢47 Seller or Private Financmg N/A".
6
7
' 8 §4.3 Cmhai Closing ' S 1Oygol SJ'
9 TOTAL 'S 2\ C1DI SD 6 Zl_ q01 GV-
77 4.2. Earnest heb Mandy. Te Guarantee
uarantest Moneyset forthinsection,ld ,inrm of trust sonal
eck onbrwfef bothSllerllnd
77 payablerto andheldboLand Title Guam nee ed wit(EarnCoMoct Holder),Moneyustheis its account,truutare than Alternative
Sellerand
78 Mone.TheEarnestMo3)frits depositshallbetendered Earnest Money
this Contrahtr than the
parkerg Firmyaenti can§33 or§ 34E losing
79 Money Deadline by Buyer,
paymentIf
ney Holderrrotbe Oban ted onorMinix dntldey of Earnest
oreJto Carnes
81 Instructionsonsermdeyaties uSthorzeideamey oMoney arrest must Obtained to ecompnylicondufEarnn Covin (Closing
81 Money Holder. The parties a Closin delivery of the Earner Money deposit the company conducting the Closing(Closing
e2 Company);ifany,. orbefore Closing _
84 and-agreT^gi-anytine -carnes!-Menel-de o,i4e#with Ilk Tiara -Meoey Ho _
85 :ra. — _ _
P
86 �_�
4./1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money,if other than at the
87 time of tender of this Contract is as set forth as the Alternative Earnest Money Deadline(§3).
88 4.2.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates,Buyer shalt be entitled
89 to the return of Earnest Money as provided in this Contract.If this Contract is terminated as set forth in§25 and,except as provided
90 in§24,if the Earnest Money has not already been returned following receipt of a Notice to Terminate,Seller agrees to execute and
91 return ro Buyer or Broker working with Buyer,written mutual instructions,i.i.,Earnest Money Release form,within three days of
92 Seller's receipt of such form,
93 4.3. Form of Funds;time of Payment;Funds Available.
94 4.3.1. Good Funds. Alt amounts payable by the parties at Closing:includinganyloan proceeds.Cash at Closing
95 and closing costs,shall be in funds that comply with all applicable Colorado laws,including electronic transfer funds,certified check,
96 savings and loan teller's check and cashier's check(Good Funds).
97 4.3.2. Available Funds. All funds required to be paid at Closing or as otherwise agreed in writing between the
98 parties shall be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY SHALL BE IN DEFAULT.
99 Buyer represents that Buyer,as of the date of this Contract, X Does Does Not have funds that are immediately verifiable and
100 available in an amount not less than the amount staled as Cash at Closing in§4.1.
101 4.4. Seller Concession. Omitted as inapplicable.
102 4.5. New Loan.Omitted as inapplicable.
103 4.6. Assumption. omitted as inapplicable.
104 4.7. Seller or Private Financing. Omitted as inapplicable.
NoCES60-i1. CONTRACTTO BUY AND SELL REAL ESTATE(LAND) _ P.Re3 of17
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Janice K. Vos Caudill, Pitkin County, CO
05 TRANSACTION PROVISIONS
06 5. FINANCING CONDITIONS AND OBLIGATIONS. Omitted as inapplicable.
07 6. APPRAISAL PROVISIONS.Omitted as inapplicable.
OS
09 7. EVIDENCE OF TITLE AND ASSOCIATION DOCUMENTS.
t0 7.1. Evidence of Title. On or before Record Title Deadline(4 3),Seller shall cause to be furnished to Buyer,at Seller's
11 expense,a current commitment for owner's title insurance policy(Tile Commitment)in an amount equal to the Purchase Price,or
12 if this box is checked, ❑An Abstract of title certified to a current date. - - - - -
13 _ - .. ..r.. _ cep o At Buyers SeHere
14 expense.Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing.
15 The title insurance commitment ®Shall ❑Shall Not commit o delete or insure over the standard exceptions which relate to:(I)
16 parties in possession,(2)unrecorded easements,(3)survey matters,(4)unrecorded mechanics'liens,(5)gap period(effective date
17 of commitment to date deed is recorded),and(6)unpaid taxes,assessments and unredeemed tax sales prim to the year of Closing.
18 Any additional premium expense to obtain this additional coverage shall be paid by ®Buyer ❑Seller.
19 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions.Buyer shall have the
10 right to review the Title Commitment,its provisions and Title Documents(defined in§7.2),and if not satisfactory to Buyer,Buyer
21 may exercise Buyer's rights pursuant to§S.1.
22 7.2. Copies of Exceptions. On or before Record Title Deadline(4 3),Seller,at Seller's expense,shall furnish to Buyer
23 4 (I)copies of any plats,declarations covenants,conditions and restrictions burdening
24 the Property, and(2) if a Title Commitment is required to be furnished,and if this box is checked ® Copies of any Other
25 Documents(or,if illegible,summaries of such documents)listed in the schedule of exceptions(Exceptions).Even if the box is not
26 checked,Seller shall have the obligation to furnish these documents pursuant to this section if requested by Buyer any time on or
27 before Exceptions Request Deadline(§3).This requirement shall pertain only to documents as shown of record in the office of the
28 clerk and recorder in the county where the Property is located.The Abstract or Title Commitment, together with any copies or
29 summaries of such documents furnished pursuant to this section,constitute the title documents(collectively,Title Documents).
30 7.3. Homeowners'Association Documents If applicable.
31 7.3.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON
32 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY, THE OWNER
33 OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS' ASSOCIATION FOR THE
34 COMMUNITY 'AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE
1 35 ASSOCIATION. THE DECLARATION,BYLAWS,AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL
36 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY
37 ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE
38 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT.THE
39 DECLARATION, BYLAWS,AND RULES AND REGULATIONS OF.THE COMMUNITY MAY PROHIBIT THE
40 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE
41 ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION.
42 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE
43 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION.PURCHASERS SHOULD CAREFULLY READ
44 THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE
45 ASSOCIATION.
46 7.3.2. Association Documents to Buyer.
47 73.3. Conditional an Buyer's Review.
4tl 8. RECORD TITLE AND OFF.RECORD TITLE MATTERS.
49 S.I. Record Title Matters. Buyer has the right to review and object to any of the Title Documents(Right to Object.
50 Resolution), as set forth in§ 8.3.Buyer's objection may be based on any unsatisfactory form or content of Title Commitment,
51 notwithstanding§ 13,or any other unsatisfactory title condition,in Buyer's sale subjective discretion.If Buyer objects to any of the
52 Title Documents,Buyer shall cause Seller to receive Buyer's Notice to Terminate or Notice of Tide Objection on or before Record
53 Title Objection Deadline(§3).If Title Documents are not received by Buyer,on or before the Record Title Deadline(4 31 or if
54 there is an endorsement to the Title Commitment that adds a new Exception to title,a copy of the new Exception to title and the
55 modified Title Commitment shall be delivered to Buyer.Buyer shall cause Seller to receive Buyer's Notice to Terminate or Notice
56 of Title Objection on or before ten days after receipt by Buyer of the following documents:(I)any required Title Document not
57 timely received by Buyer,(2)any change to the Title Documents,or(3)endorsement to the Title Commitment.If Seller receives
58 Buyers Notice to Terminate or Notice of Title Objection,pursuant to this§8.1(Record Title Matters),any title objection by Buyer
No.CBS4-1611. CONTRACT TO BUY AND SELL REAL}STATE(LAND) Page of 17
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Janice K. Vos Caudill, Pitkin County, CO
59 and this Contract shall be governed by the provisions set forth in§8.3(Right to Object,Resolution). If Seller does not receive
60 Buyer's Notice to Terminate or Notice of Title Objection by the applicable deadline specified above,Buyer accepts the condition of
61 title as disclosed by the Title Documents as satisfactory.
62 8.2. Off-Record Tide Matters. Seller shall deliver.to Buyer,on or before Off-Record Title Deadline(§3).true copies
63 ofall existingsunrvs in Seller's possession pertaining to the Property and shall disclose to Buyer alleasemenh.liens(including
64 without (imitation. governmental improvements approved. but not vet installed) or other tile matters (including,`without
65 limitation.ridge of first refusal and options)not shawl:by public records,of which Seller has actual knowledge.Buyer shall
66 have the right to inspect he Property to investigate if any third party has any right in the Property not shown by public records(such
67 as an unrecorded easement,unrecorded lease,boundary line discrepancy or water rights).Buyer's Notice to Terminate or Notice of
68 Title Objection of any unsatisfactory condition(whether disclosed by Seller or revealed by such inspection,notwithstanding§13),
69 in Buyer's sole subjective discretion,shall be received by Seller on or before Off-Record Title Objection Deadline(§3).If Seller
70 receives Buyer's Notice to Terminate or Notice of Title Objection pursuant to this §8.2 (Off-Record Title Matters), any title
71 objection by Buyer and this Contract shall be governed by the provisions set forth in§8.3(Right o Object,Resolution).If Seller
72 does not receive Buyer's Notice to Terminate or Notice of Tide Objection,on or before Off-Record Tide Objection Deadline(§3).
73 Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge.
74 8.3. Right to Object,Resolution. Buyer's right to object to any title matters shall include, but not be limited to those
75 matters set forth in§§8.1(Record Title Matters),8.2(Off-Record Title Matters)and 13(Transfer of Tide),in Buyer's sole subjective
76 discretion(collectively,Notice of Tide Objection).If Buyer objects to any title matter,on or before the applicable deadline,Buyer
77 shall have the choice to either(I)object to the condition of tide,or(2)terminate this Contract.
78 8.3.1. Tile Resolution. If Seller receives Buyer's Notice of Title Objection,as provided in §8.1 (Record Title
79 Matters)or§8.2(Off-Record Tide Matters),on or before the applicable deadline.and if Buyer and Seller have not agreed to a
80 written settlement thereof on or before Tide Resolution Deadline(§3),this Contract shall terminate on the expiration of Title
81 Resolution Deadline(§3),unless Seller receives Buyer's written withdrawal of Buyer's Notice of Title Objection(i.e.,Buyer's
82 written notice to waive objection to such items and waives the Right o Terminate for that reason),on or before expiration of Tide
83 Resolution Deadline(§3).
84' 8.3.2. Right to Terminate—Title Objection. Buyer shall have the Right to Terminate under§25.1,on or before
85 the applicable deadline,based on any unsatisfactory tide matter,in Buyer's sole subjective discretion.
86 8.4, Special Taxing Districts., TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
87 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
88 PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK
89 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
90 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
91 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE
92 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY
93 TREASURER,BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY,AND BY OBTAINING
94 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
95 RECORDER,OR THE COUNTY ASSESSOR.
96eg -. . . . :'.. -
98 85. Right ofFirst Refusal or Contract Approval. If there s a right of first refusal on the Property,or a right to approve
99 this Contract,Sellershall promptly submit this Contract according to the terms and conditions of such right lithe holder of the right
exere
200 of first refusal exercises such right or holder of a right to approve disapproves this Contract,this Contract shall terminate.If the
201 right of first refusal is waived explicitly or expires,or the Contract is approved,this Contract shall remain in full force and effect.
202 Seller shall promptly notify Buyer in writing of the foregoing.If expiration or waiver of the right of first refusal or Contract approval
203 has not occurred on or before Right of First Refusal Deadline(§3),this Contract shall then terminate.
204 8.6. Title Advisory. The Title Documents affect the title,ownership and use of the Property and should be reviewed
205 carefully.Additionally.other matters not reflected in the Title Documents may affect the title,ownership and use of the Property,
206 including.without limitation,boundary lines and encroachments,area,zoning,urecorded easements and claims of easements,leases
201 and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and
208 environmental matters.The surface estate may be owned separately from the underlying mineral estate,and transfer of the surface
209 estate does not necessarily include transfer of the mineral rights or water rights.Third parties may hold interests in oil,gas,other
210 minerals,geothermal energy or water on or under the Property,which interests may give them rights to enter and use the Properly.
211 Such matters may be excluded from or not covered by the title insurance policy.Buyer is advised to timely consult legal counsel
212 with respect to all such matters as there are strict time limits provided in this Contract[e.g.,Record Tide Objection Deadline(§3)
213 and Off-Record Matters Objection Deadline(§3)].
214 9. CURRENT SURVEY REVIEW.
215 9.1. Current Survey Conditions If the box in§9.1.1 or§9.1.2 is checked,Buyer,the issuer of the Title Commitment or
216 the provider of the opinion of ride if an abstract,and Seller shall receive a Current Survey.i.e.,Improvement Location Certificate,
No.CBS4-1041. CONTRACT TO BUY AND SELL REAL ESTATE(LAND1 Pages of 17
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Janice K. Vos Caudill, Pitkin County, CO
217 Improvement Survey Plat or other form of survey set forth in§9.1.2(collectively,Current Survey),on or before Current Survey
21B Deadline(§3).The Current Survey shall be certified by the surveyor to all those who am to receive the Current Survey.
219 ❑ _.. ., .. _ .. • ...._. � . . . ._ . ..
221 t 9.1.2. Other Survey. If the box in this§9.1.2 is checked,a Current Survey,other than an Improvement Location
222 Certificate,shall be an 0 Irnprnvement Survey Plat 0 .The parties agree that payment
223 of the cost afthe Current Survey and obligation to order or provide the Current Survey shall solely be the responsibility of the Buyer.
224
225 9.2. Survey Objection. Buyer shall have the right to review and object to the Current Survey.Buyer shall have the Right
226 to Terminate under§25.1,on or before the Current Survey Objection Deadline(¢3),if the Current Survey is not timely received
227 by Buyer or based on any unsatisfactory matter with the Current Survey,notwithstanding§8.2 or§ 13.
228 DISCLOSURE,INSPECTION AND DUE DILIGENCE
229 10. PROPERTY DISCLOSURE,INSPECTION,INDEMNITY,INSURABILITY,DUE DILIGENCE AND SOURCE OF
230 WATER.
231 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline(§3),Seller agrees to
232 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form
233 completed by Seller to Seller's actual knowledge,current as of the date of this Contract.
234 10.2. Inspection Objection Deadline. Unless otherwise provided in this Contract, Buyer acknowledges that Seller is
235 conveying the Property to Buyer in an"as is"condition,"where is and"with all faults".Seller shall disclose to Buyer,in writing,
236 any latent defects actually known by Seller.Buyer,acting in goad faith,shall have the right to have inspections(by one or more
237 third parties,personally or both)of the Property and Inclusions(Inspection),at Buyer's expense.If(I)the physical condition of the
738 Property,including,but not limited to,the roof walls,structural integrity of the Property,the electrical,plumbing,HVAC and other
239 mechanical systems of the Property,(2)the physical condition of the Inclusions,(3)service to the Property(including utilities and
240 communication services), systems and components of the Property, e.g. heating and plumbing, (4) any proposed or existing
241 transportation project,road,street or highway,or(5)any other activity,odor or noise(whether on or off the Property)and its effect
242 or expected effect on the Property or its occupants is unsatisfactory,in Buyer's sole subjective discretion,Buyer shall,on or before
243 Inspection Objection Deadline(§3):
244 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or
245 10.2.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that
246 Buyer requires Seller to correct
247 Buyer shall have the Right to Terminate under §25.1, on or before Inspection Objection Deadline(§3), based on any
248 unsatisfactory physical condition of the Property or Inclusions,in Buyer's sole subjective discretion.
249 10.3. inspection Resolution Deadline. If an Inspection Objection is received by Seller,on or before Inspection Objection
250 Deadline(§3), and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution
251 Deadline(§3), this Contract shall terminate on Inspection Resolution Deadline (§3), unless Seller receives Buyer's written
252 withdrawal of the Inspection Objection before such termination, i.e.,on or before expiration of Inspection Resolution Deadline
253 (§3).
254 10.4. Damage,Liens and Indemnity. Buyer,except as otherwise provided in this Contract or other written agreement
255 between the parties,is responsible for payment for all inspections,tests,surveys,engineering reports,or any other work performed
256 at Buyer's request(Work)and shall pay for any damage that occurs to the Property and Inclusions as a result of such Work.Buyer
257 shall not permit claims or liens of any kind against the Property for Work performed on the Properly at Buyer's rcquestatiyetegress
259 • .: . ..• '. .-: : -. .
261 and-p_ _s.The provisions of this section shall survive the termination of this Contract.
262
263 fer-prepe b . .. : .• .. . . ::.4 . '. .. - •. ... .-T r Ey-lasar¢nee
265 10.6. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information pertaining to
266 the Property(Due Diligence Documents)to Buyer on or before Due Diligence Documents Delivery Deadline(§3)to the extent
267 such Due Diligence Documenu exist and are in Seller's possession: See Addendum.
268 10.7. Doe Diligence Documents Conditions. Buyer shall have the right o review and object to Due Diligence Documents,
269 zoning and any use restrictions imposed by any governmental agency with jurisdiction over the Property(Zoning),in Buyer's sole
270 subjective discretion,or Seller's failure to deliver to Buyer all Due Diligence Documents.Buyer shall also have the unilateral right
271 to waive any condition herein.
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272 10.7.1. Due Diligence Documents Objection. Buyer shall have the Right to Terminate under§25.1,on or before
273 Due Diligence Documents Objection Ddadline(§3),based on any unsatisfactory matter with the Due Diligence Documents in
274 Buyer's sole subjective discretion.If,however,Due Diligence Documents are not timely delivered under§ 10.6,or if Seller fails to
275 deliver all Due Diligence Documents to Buyer,then Buyer shall have the Right o Terminate under§25.1 on or before the earlier of
276 ten days after Due Diligence Documents Objection Deadline(§3)or Closing.
277
ere a:" •- .. _ .. � .:.. ..,._
279 10.73. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer 0 Does
280 ®Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of
781 potable water for the Property.Buyer Does X Don Not acknowledge receipt of a copy of the current well permit
282 0 See section 2.5.4.5 regarding water well matters.
283 Note to Bayer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND
284 WATER.YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)TO
285 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
286 10.S. Due Diligence-Environmental,ADA. Buyer shall have the right to obtain environmental inspections of die Propeny
287 including Phase I and Phase D 288 Environmental Site Assessments,as applicable at the expense of Buyer.�shali
. . .._ .. _
289 at_^,c mtp:+ of
.. ,_ .. . : .- - .. . . .
293 :. .. .. ..
294
296
297 Buyer shall have the Right to Terminate under§25.1,on or before Environmental Inspection Objection Deadline(§3),or
298 if applicable the Extended Environmental Inspection Objection Deadline,based on any unsatisfactory results of Environmental
299 Inspection.in Buyer's sole subjective discretion.
J W Buyer shall have the Right to Terminate under§25.I,on or before ADA Evaluation Objection Deadline(§3),based on any
301 unsatisfactory ADA Evaluation,in Buyer's sole subjective discretion.
302 10.9. Existing Leases;Modification of Existing Leases;New Leases. Omired as Inapplicable.
303 11. TENANT ESTOPPEL STATEMENTS.
304 11.1. Tenant Estoppel Statements Conditions. Omitted as Inapplicable.
305 11.2. Tenant Estoppd Statements Objection. Omitted as Inapplicable.
306 I CLOSING PROVISIONS
307 12. CLOSING DOCUMENTS,INSTRUCTIONS AND CLOSING.
3os 12.1. Closing Documents and Closing Information. Seller and Buyer shall cooperate with the Closing Company to enable
309 the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees.If Buyer is
310 obtaining a new loan to purchase the Property,Buyer acknowledges Buyer's lender shall be required to provide the Closing Company
311 in a timely manner all required loan documents and financial information concerning Buyer's new loan.Buyer and Seller will furnish
332 any additional information and documents required by Closing Company that will he necessary to complete this transaction.Buyer
313 and Seller shall sign and complete all customary or reasonably required documents at or before Closing.
314 12.2. Closing Instructions Buyer and Seller agree to execute the Colorado Real Estate Commission's ClositA Instructions.
315 Such Closing Instil-lotionsElAre ®Are Not executed with this Contract Upon mutual execution,0 Seller 0 Buyer shall
316 deliver such Closing Instructions to the Closing Company.
317 12.3. Closing. Delivery of the Property from Seller to Buyer shall be at closing(Closing).Closing shall be on the date
318 specified as the Closing Date(§3)or by mutual agreement at an earlier date.The hour and place of Closing shall be as designated
319 by Buyer.
320 114. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs,quality,and extent of service vary between
321 different settlement service providers(e.g.,attorneys,lenders,inspectors and title companies).
322 13. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the other
323 terms and provisions hereof,Seller shall execute and deliver a good and sufficient Trail Easement to Buyer,at Closing,conveying
324 .... . .
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327 111. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted
328 by Buyer in accordance with Record Tide Matters(§8.1).
329 13.2. Distribution utility easements(including cable TV).
330 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual
331 knowledge and which were accepted by Buyer in accordance with Off-Record Title Matters(§8.2)and Current Survey Review
332 (§9),
333 13.4, Inclusion of the Property within any special taxing dlsuicp and
334 13.5. Other.
335 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or bet ore Closing from the
336 proceeds of this transaction or from any other source.
337 15. CLOSING COSTS,CLOSING FEE,ASSOCIATION FEES AND TAXES.
338 15.1. Closing Costs. Buyer and Seller shall pay,in Good Funds,their respective closing costs and all other items required
339 to be paid at Closing,except as otherwise provided herein.
340 15,2. Closing Services Fee. The fee for real estate closing services shall be paid at Closing by ® Buyer ❑Seller
341 ❑One-Half by Buyer and One-Half by Seller 0 Other
342 15.3. Status Letter and Transfer Fees. Any fees incident o the issuance of Association's statement of assessments(Status
343 Letter)shall be paid by ❑Buyer ❑Seller 0 One-Half by Buyer and One-Half by Seller ®None.Any transfer fees assessed
344 by the Association including,but not limited to,any record change fee,regardless of name or title of such fee(Association's Transfer
345 Fee)shall be paid by ❑Buyer ❑Seller ❑One-Half by Buyer and One-Half by Seller ®None.
346 15.4. Local Transfer Tax. 0 The Local Transfer Tax of N/A%of the Purchase Price shall be paid at Closing by 0
• 347 Buyer 0 Seller ❑One-Half by Buyer and One-Half by Seller ®None.
348 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property,payable at Closing,such
349 as community association fees,developer fees and foundation hes,shall be paid at Closing by ❑Buyer 0 Seller ❑One-Half
350 by Buyer and One-Half by Seller ®None.
351 15.6. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall he paid when due by
352 Buyer 0 Seller 0 One-Half by Buyer and One-Half by Seller X None.
353 16. PRORATIONS. The following shall be prorated to Closing Date(§3),except as otherwise provided:Inapplicable
354
356 357 16.2. Rents. Omitted as Inapplicable.
358 16.3. Association Assessments. Omitted as inapplicable.
359 16.4. Other Proration. Water and sewer charges,interest on continuing loan,and ren.
360 165. Final Settlement Unless otherwise agreed in writing,these proration shall be final.n/a
361 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date(§3)at Possession Time(§3),
362 subject to the following Leases or tenancies: None.
363
364 If Seller,after Closing,fails to deliver possession as specified,Seller shall be subject to eviction and shall be additionally liable
365 to Buyer for payment of$0.00 per day(or any part of a day notwithstanding§ 18.1)from Possession Date(§3)and Possession
366 Time(§3)until possession is delivered.
367 GENERAL PROVISIONS
368 18. DAY;COMPUTATION OF PERIOD OF DAYS,DEADLINE.
369 18.1. Day. As used in this Contract,the term"day"shall mean the entire day ending at 11:59 p.m.,United States Mountain
370 Time(Standard or Daylight Savings as applicable).
371 18.2. Computation of Period of Days,Deadline. In computing a period of days,when the ending date is not specified,the
372 first day is excluded and the last day is included,eg,three days after MEC.If any deadline falls on a Saturday,Sunday or federal
373 or Colorado state holiday(Holiday),such deadline Shall ❑Shall Not be extended to the next day that is not a Saturday,Sunday
374 or Holiday.Should neither box be checked,the deadline shall not be extended.
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375 19. CAUSES OF LOSS,INSURANCE;CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-
37G THROUGH. Except as otherwise provided in this Contract,the Property,Inclusions or both shall be delivered in the condition
371 existing as of the date of this Contract,ordinary wear and tear excepted.
378 19.1. Causes of Loss,Insurance. In the event the Property or Inclusions are damaged by fire,other perils or causes of loss
379 prior to Closing in an amount of not more than ten percent of the total Purchase Price(Property Damage).Seller shall be obligated
380 to repair the same before Closing Date(§3).In the event such damage is not repaired within said time or if the damage exceeds
381 such sum,this Contract may be terminated at the option of Buyer.Buyer shall have the Right to Terminate under 25.1,on or before
382 Closing Date(§3),based on any Property Damage not repaired before Closing Date(§3).Should Buyer elect to carry out this
383 Contract despite such Property Damage,Buyer shall be entitled to a credit at Closing for all insurance proceeds that were received
384 by Seller(but not the Association, if any)resulting from such damage to the Property and Inclusions, plus the amount of any
385 deductible provided for in such insurance policy.Such credit shall not exceed the Purchase Price.In the event Seller has not received
386 such insurance proceeds prior to Closing,the parties nay agree to extend the Closing Date(§3)or,at the option of Buyer,Seller
387 shall assign such proceeds at Closing,plus credit Buyer the amount of any deductible provided for in such insurance policy,but not
388 to exceed the total Purchase Price.
389 19.2. Damage,Inclusions and Services. Should any Inclusion or service(including utilities and communication services),
390 systems and components of the Property,e.g.,heating or plumbing,fail or be damaged between the date of this Contract and Closing
391 or possession,whichever shall be earlier.then Seller shall be liable for repair or replacement of such Inclusion,service,system,
392 component or fixture of the Property with a unit of similar size,age and quality,or an equivalent credit,but only to the extent that
393 the maintenance or replacement of such Inclusion,service,system,component or fixture is not the responsibility of the Association,
394 if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer are aware of the
395 existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of such Inclusions.
396 19.3. Condenuufion, In the event Seller receives actual notice prior to Closing that a pending condemnation action may
397 result in a taking of all or part of the Property or Inclusions,Seller shall promptly notify Buyer,in writing,of such condemnation
398 action.Buyer shall have the Right to Terminate under§25.1,on or before Closing Date(§3).based on such condemnation action.
399 in Buyer's sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the
400 Property and Inclusions,Buyer shall be entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the
401 diminution in the value of the Property or Inclusions but such credit shall not include relocation benefits or expenses,or exceed the
402 Purchase Price.
403 19.4. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,shall have the right to walk through
404 the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
405 19.5. Risk of Loss—Growing Crops. The risk of loss for damage to growing crops by fire or other casualty shall be borne
406 by the party entitled to the growing crops as provided in§2.55 and such party shall be entitled to such insurance proceeds or benefits
407 for the growing crops.
408 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. If applicable:By signing this document.Buyer and Seller
409 acknowledge that the respective broker has advised that this document has important legal consequences and has recommended the
410 examination of title and consultation with legal and tax or other counsel before signing this Contract-.
411 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof If any note or check received as Earnest
412 Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any obligation hereunder is
413 not performed or waived as herein provided,there shall be the following remedies:
414 21.1. If Buyer is in Default:
415 ❑ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled.in which case all Earnest Money
416 (whether or not paid by Buyer)shall be paid to Seller and retained by Seller;and Seller may recover such damages as may be proper.
417 or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the right to specific performance or
418 damages,or both.
4t9 21.1.2. Liquidated Damages,Applicable. This§21.L2 shall apply unless the box in§21.1.1.is checked.All
420 Earnest Money(whether or not paid by Buyer)shall be paid to Seller,and retained by Seller.Both parties shall thereafter be released
421 from all obligations hereunder. It is agreed that the Earnest Money specified in §4.1 is LIQUIDATED DAMAGES,and not a
422 penalty,which amount the parties agree is fair and reasonable and(except as provided in§§10.4,22,23 and 24),said payment of
423 Earnest Money shall be SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this Contract.
424 Seller expressly waives the remedies of specific performance and additional damages.
425 21.2. If Seller is in Default: Buyer may electro treat this Contract as canceled,in which case all Earnest Money received
426 hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this Contract as
427 being in full force and effect and Buyer shall have the right to specific performance or damages,or both.
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428 22. LEGAL FEES,COST AND EXPENSES. Anything to the contrary herein notwithstanding,in the event of any arbitration
429 or litigation relating to this Contract,prior to or after Closing Date(§3),the arbitrator or court shall award to the prevailing party
430 all reasonable costs and expenses,including attorney fees,legal fees and expenses.
431 23. MEDIATION. If a dispute arises relating to this Contract,prior to or after Closing,and is not resolved,the panics must first
432 proceed in good faith to submit the matter to mediation.Mediation is a process in which the parties meet with an impartial person
433 who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions.The parties to the
434 dispute must agree,in writing,before any settlement is binding.The panes will jointly appoint an acceptable mediator and will
435 share equally in the cost of such mediation.The mediation,unless otherwise agreed,will terminate in the event the entire dispute is
436 not resolved within thirty days of the dale written notice requesting mediation is delivered by one party to the other at the party's
437 last known address.This section will not alter any date in this Contract,unless otherwise agreed.
438 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest
439 Money as directed by written mutual instructions,signed by both Buyer and Seller.In the event of arty controversy regarding the
440 Earnest Money(notwithstanding any termination of this Contract).Earnest Money Holder shall not be required to take any action.
441 Earnest Money Holder,at its option and sole subjective discretion,may (I)await any proceeding.(2)interplead all parties and
442 deposit Earnest Money into a coup of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees,or
443 (3)provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim
444 (between Buyer and Seller)containing the case number of the lawsuit(Lawsuit)within one hundred twenty days of Earnest Money
445 Holder's notice to the parties,Earnest Money Holder shall be authorized to return the Earnest Money to Buyer.In the event Earnest
446 Money Holder does receive a copy of the Lawsuit,and has not interpled the monies at the time of any Order,Earnest Money Holder
447 shall disburse the Earnest Money pursuant to the Order of the Court.The parties reaffirm the obligation of Mediation(§23).
448 25. TERMINATION.
449 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the
450 termination shall be effective upon the other party's receipt of a written notice to terminate(Notice to Terminate),provided such
451 written notice was received on or before he applicable deadline specified in this Contract. If the Notice to Terminate is not received
452 on or before the specified deadline,the party with the Right to Ternnnate shall have accepted the specified matter,document or
453 condition as satisfactory and waived the Right to Terminate under such provision.
454 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder shall be
.455 returned and the parties shall be relieved of all obligations hereunder,subject o§§ 10.4,22,23 and 24.
456 26. ENTIRE AGREEMENT,MOD[FICATION,SURVIVAL. This Contract,its exhibits and specified addenda,constitute the
457 entire agreement between the parties relating to the subject hereof,and any prior agreements pertaining thereto, whether oral or
458 written,have been merged and integrated into this Contract_No subsequent modification of any of the terms of this Contract shall
459 be valid,binding upon the parties.or enforceable unless made in writing and signed by the parties.Any obligation in this Contract
460 that,by its terms,is intended to he performed atter termination or Closing shall survive the same.
461 27. NOTICE,DELIVERY,AND CHOICE OF LAW.
461 27.1. Physical Delivery. All notices must be in writing,except as provided in§27.2.Any document,including a signed
463 document or notice,from or on behalf of Seller,and delivered to Buyer shall be effective when physically received by Buyer,any
464 signatory on behalf of Buyer,any named individual of Buyer,any representative of Buyer,
466 Any document,including a signed document or notice,from or on behalf of Buyer,and delivered to Seller shall be effective when
467 physically received by Seller,any signatory on behalf of Seller,any named individual of Seller,any representative of Seller,or
468 Brokerage Firm of Broker working with Seller(except for delivery,after Closing,of the notice requesting mediation described in
469 §23)and except as provided in§27.2.
470 27.2. Electronic Delivery. As an alternative to physical delivery,any document,including any signed document or written
471 notice, may be delivered in electronic form only by the following indicated methods: ❑ Facsimile Email
472 ®Internet 0 No Electronic Delivery.If the box "No Electronic Delivery"is checked,this§27.2 shall not be applicable and
473 §27.1 shall govern notice and delivery.Documents with original signatures shall be provided upon request of any party.
474 27.3. Choke of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance
475 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property
476 located in Colorado.
477 28. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and
478 Seller,as evidenced by their signatures below,and the offering party receives notice of such acceptance pursuant o§27 on or before
479 Acceptance Deadline Date(§3)and Acceptance Deadline Time(§3).If accepted,this document shall become a contract between
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480 Seller and Buyer.A copy of this docunwit may be executed by each pay,separately.and when each party has executed a.copy
481 thereof.such copies taken together shall be deemed to be a MI and complete contract between the parties.
482 29. GOOD FAITH::Buyer and Sailer acknowledge that each party has an obl'gadon to act la good faith,'winding but not limited
483 to exercising the rights and obligatiewsei forth in the provisions of Financing Conditions and Obtigatiom(9 51 Record Tide
484 and OH.RecordTitle Matters (48), Current Surrey Review (99) and Property Dsdosusq Inspection, Indemnity,.
485 Imorabllry;Due DRig®ee and Source pf Water(4 10).
485 I ADDITIONAL PROVISIONS AND ATTACHMENTS I'.
487 30. ADDmONAL PROVISIONS. (The following addiyonal provisions have not been approved by the Colorado Real Estate
488 Commission.) See wracked Addendum.Current Survey Resolution Deadlier February 10.2012
489 31 ATTACHMENTS.The following are a part of this Contra Addendum conramhtg Addidaiai Terms and EahibirA.
490
491 Note:The following disclosure forms are attached but are not part of this Contract None.
492
493 :SIGNATURES
494
RATIFICATION BY BOARD OF COMITY
COMMISSIONERS
enured cou�NT(Y/O/�PEN/1Sr & RS �t+�rJ� I te)
By: \t - \. i a-1Ea ib By p ()I 4\, !!his (17..
Buyers Signature: Dale WI Dam CCllllee'man
d r
Acquisition Director S e�
Name:
Title.
Address See Addendum Address: See Addendum -
Phone No.: Phone Na.:
Fax No.:
Electronic Address: . Electronic Address
Seller's Name: DOUGLAS L FARRIS Seller's Name'. DORPTHEA A�FARRIS x
j ,,.,, a♦a%/.C• ii.:.:
• uaMe' 'Dare /16 f/:tri>//.,/ 2i ri Dine -itr.
Seller's signature GIASL FARRIS Dare Seller's3Signature: DOROTHEAA:FARRIS Dam
Address: 42 Tybar Ranch Road and 40 Tybar Address: 42 Tybar Ranch Road and 40 Tybar
Ranch Road, Carbondale, Colorado, Ranch Road, Carbondale, Colorado,
81623 81623
Phone No.: - Phone No.:
Fax No.: Fax No..Electronic Address: Electronic Address, .
495 END OF:CONTRACT TO BUY AND SELL REAL ESTATE
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496
497
498
499 [Remainder of page intentionally left blank]
•
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ADDENDUM—ADDITIONAL TERMS AND PROVISIONS TO CONTRACT TO BUY AND
SELL REAL ESTATE BETWEEN BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO AS BUYER AND DOUGLAS L.FARRIS AND DOROTHEA A.
FARRIS,AS SELLER,
THIS ADDENDUM is entered into simultaneously with the Contract to Buy and Sell Real Estate(Land)
dated December /6,2016,('Contract")entered into by the above-named parties. This Addendum is
supported by the same considerations as expressed in such Contract and the mutual terms,conditions and
covenants set forth below. Capitalized terms herein shall have the same meanings set forth in the Contract.
In the event of any conflict between the Contract and this Addendum,the provisions of this Addendum shall
govern and control. References herein to the"Contract"shall include all of the terms and conditions of this
Addendum.
1. Property. The real property(the"Property")to be conveyed by Seller to Buyer at closing is a
trail easement interest in the Property described as 30feet wide and approximately 465 feet long.
adjacent to the western,southern,and northern boundaries,being a portion of the property owned by the
Sellers described as 42 Tybar Ranch Road and 40 Tybar Ranch Road.Carbondale,Colorado,81623,
Assessor Parcel No.246314200004 in the records of the Pitkin County Assessor's office,as depicted in
Exhibit A of the Contract attached hereto,and as will be more specifically defined upon the completion of
an improvement survey plat to be completed in the near future. At Closing,Seller shall convey to Buyer
a Trail Easement to the Property,subject to the exceptionsto title listed on the Title Commitment and
accepted by Buyer.
The trail easement is defined as DC7 feet wide,however the as-built trail will not exceed 10 feet in width.
The additional easement area is required to accommodate the existing geography(trees,swales,rocks etc...),
and to be used for trail maintenance and emergency situations.
2. Surveys. On or before the Current Survey Deadline,Buyer shall receive a current Improvement Survey
Plat of the property certified by a licensed Colorado surveyor for the express benefit of Seller,Buyer and the
Title Company,depicting all property corners,improvements,easements and rights of way,driveways,
parking areas,walls,fences,encroachments on or off the Property,utility lines and utility installations,and
restrictions of record.Cost of the survey shall be borne by Buyer.The Improvement Survey Plat shall be in
form and content sufficient to cause the title company to issue an endorsement to its title commitment
agreeing to delete from Schedule B(Section 2)of its to-be-issued title policy standard printed exception Nos.
1-3 at no cost to Buyer.In the event the Improvement Survey Plat discloses matters which in the Buyer's
opinion constitute defects in the merchantability of Sel lees title,Buyer must give Seller written notice of such
unsatisfactory title condition(s)no later than the Tide Objection Deadline.If Buyer in fact gives such notice
to Seller in a timely manner,the provisions of§9.2 of the Contract shall apply thereto.If no such notice is
timely given,Buyer shall he deemed to have waived any objections to matters shown on the Improvement
Survey Plat. The Parties acknowledge that the legal boundaries of the Property will not be established until
the Improvement Survey Plat is approved by both Buyer and Seller.
3. Standard Schedule B-2 Exceptions. Seller shall furnish to the Buyer at Buyer's expense an
endorsement from Land Title Guarantee Company to delete standard exceptions 1 through 5 on Schedule B-2
of the Title Insurance Commitment.
4. Additional Documents. At Closing,Seller shall execute and deliver such documents as shall be
necessary to transfer and convey a trail easement interest over the Property to Buyer,free and clear of right,
title and interest of Seller,except as provided in Paragraph I of this Addendum
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Janice K. Vos Caudill, Pitkin County, CO
•
5. Interest on Earnest Money. Any and all monies paid by Buyer prior to closing shall be placed in an
insured,interest bearing money market-type account with a local commercial bank with all interest thereon to
accrue for lie benefit of Buyer. Whether or not Buyer shall ever be in default under this Contract resulting in
a forfeitUre Of its earnest money,Buyer shall OeVenhele5s be entitled to retain,as its sole and separate
property,all interest earned on said earnest money.
6. Notices. Any notice,demand or document which either party is required or may desire to give,deliver
or make to the other party shall be delivered in accordance with Section 27 of the Contract,addressed as
follows:
To Buyer: Ann:Dale Will
Director,Pitkin County Open Space and Trails
530 East Main Street,3'"Floor
Aspen,CO 81611
Facsimile No.:(970)920-5198
e-mail:dalc.will@pitkincounty.com
With copy to: John Ely,County Attorney
Pitkin County.Colorado
530 East Main Street
Aspen,CO 81611
Facsimile No.:(970)920-5198
e-frail:john.ely@pitkincounty.com
To Seller: Douglas L.Faris and Dorothea A.Fanis
42 Tybar Ranch Road and 40 Tybar Ranch Road
Carbondale,Colorado,81623
e-mail:-�{-Fn ms-ai ngr,4 lir
7. -Protective Covenants Regarding Future Uses of the Property. The Parties acknowledge that
the use of the Property shall be expressly limited to hiking,mountain biking and equestrian trail uses and
that any motorized uses shall be strictly prohibited,except for motorized vehicles used exclusively for
trail tonstructidn,:maintenance and emergency response services by Buyer and/or it authorized agents and
governmental affiliates.
8. Seller's Reserved Water Rights and Water Facilities. All water rights,whether adjudicated,
unadjudicated,historically benefitting or appurtenant to the Property are and shall be expressly excluded
and reserved from this Contract.
9. No Broker Commissions. Seller and Buyer represent to each other that no brokers are involved in
this transaction. Fads parry shall defend,indemnify and save the other party harmless from and against any
and all claims,suits,expenses,or attorney's fees for any said real estate commission and brokerage charges
caused by such party.
nu.CB54.19.11. CONTRACT TO BUY AND SELL REAL ESTATE(LAND)
Page rd of 17
RECEPTION#: 635819, 01/31/2017 at 04:12:34 PM, 19 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
10. Miscellaneous.
(a) Saturday.Sunday or Holiday If any time period referred to in this Contract shall end on a
Saturday,Sunday or legal holiday,such time period shall automatically be extended to the first
regular business day thereafter.
(b) Controlling Law. This Contract shall he construed in accordance with and governed by the laws
of the State of Colorado.The parties hereto agree and intend that the proper and exclusive forum
for any litigation of any disputes or controversies arising out of or related to this Contract shall be
the District Court for Pitkin County,Colorado.For purposes of any litigation,the patties consent
to the chosen fonim for purposes ofjurisdiction and venue.
(c) Costs.This Contract(or any amendments,modifications or extensions hereof)may be
executed in several counterparts and,after execution and as executed,shall constitute an
agreement binding on all of the parties,notwithstanding that all of the parties are not signatories to
the original or the same counterpart.
(d) Further Assurances. Each of the parties agree to execute,acknowledge deliver,file and record,or
cause to be executed,acknowledged,delivered,filed and recorded such further instruments and
documents and such certificates,and to do all things and acts as the other party may reasonably
require in order to carry out the intentions of this Contract and the transaction contemplated
hereby.
(e) Survival.All of the warranties and representations contained in this Contract of an ongoing nature
or intended to survive shall survive the actual closing of the transaction contemplated thereby.
(f) Construction. No provision of this Contract shall be construed against or interpreted to the
disadvantage of any party by reason of such party having or being deemed to have requested,
drafted,required or structured such provision. It is the intention of the parties that the party who
employed the scrivener to prepare this Contract not be prejudiced by virtue of such act,nor shall
tilts Contract be construed against such party by virtue of its actions in retaining the scrivener.
(g)Attorneys'Fees. In the event of any action for breach of,to enforce the provisions of,or otherwise
involving this Contract,the court in such action shall award a reasonable sum as attorneys'fees to
the party who,in light of the issues litigated and the court's decision on those issues,was the
prevailing party in the action. If a party voluntarily dismisses an action,a reasonable sum as
attorneys'fees shall be awarded to the other party.
11. Board of County Commissioners Approval Contingency. Notwithstanding the signature of the Open
Space and Trails Acquisition Director recommending approval,the obligation of the Buyer to perform
hereunder is expressly contingent on the adoption by Buyer of an ordinance authorizing the sale of the
Property to Buyer pursuant to this Contract. In the event the ordinance is not adopted by Buyer by
January 27th,2017,or by any extension as the parties may,in writing,agree,then either Seller or Buyer
may,upon written notice to the other,terminate this Contract whereupon Buyer shall be entitled to a
prompt return of all Earnest Money paid. For purposes of establishing dates and deadlines for
performance under Section 3 of the Contract,the ordinance adopting approval of this Contract shall be
deemed effective on the day such ordinance receives a majority vote of approval of the Board of County
Commissioners at second reading of the ordinance. In the event such ordinance is timely adopted,Seller
Na CR54.10.11. CONTRACT TO BUY AND SELL REAL ESTATE(LAND)
Page 15 of 11 _
RECEPTION#: 635819, 01/31/2017 at 09 :12:30 PM, 20 OF 20,
Janice K. Vos Caudill, Pitkin County, CO
shall,at the request of Buyer,re-execute this Contract below the signature of the Chairman or Vice-
Chairman of Pitkin County Board of County Commissioners,as provided below.
APPROVAL OF PFFKIN COUNTY,COLORADO
BO D OF COU'�'%'r/., COMMISSIONERS:
,Chair///man
Date of Approval of Se end Reading: 19
SELLER'S ACKNOWLEDGEMENT:.
•
By: d4.te,ei7e.x—i.en BG
Dorothea A.Fern's
By:.l L `s 7QM*o
Dougla .Farris
No.CBS0.10.11. CONTRACT TO BUY AND SELL REAL ESTATE(LAND)
, Pnxe l6 of LI
RECEPTION#: 635819, 01/31/2017 at 04:12:34 PM, 21 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT A
Map of the Property
•
63_868_ 5
No.CB4-lOd1. CONTRACT TO BUY AND SELL REAL ESTATE(LAND)
Pone O of 17 ��j 4"1"�e
RECEPTIONS: 635819, 01/31/2017 at 04:12:34 PM, 22 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
9,
4
_alt 1
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111 I l " . - ;.\\\
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it.4 t Q h' N1J - /8 03/v2/ 2iV.7. JO ]SVW V
3/V'—'11 s.77 NnJ-ENO/ INJ,I/JAO2ISflI
RECEPTION#: 635819, 01/31/2017 at 04:12:34 PM, 23 OF 24,
Janice K. Vos Caudill, Pitkin County, CO
1
2 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate
3 Commission.(AE41-5-09)(Mandatory 7-09)
4
5 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
6 COUNSEL BEFORE SIGNING.
7 AGREEMENT TO AMEND/EXTEND CONTRACT
8
9 Date:January 23,P017
10 1. This agreement amends the contract dated December 16,2016(Contact),between DOUGLAS L.FARRIS AND
I I DOROTHEA A FARRIS(Seller),and Board of County Commissioners of Pitkin County.Colorado(Buyer),reladng
12 to the sale and purchase of the following legally described real estate in the County of Pitkin,Colorado: a portion of 42
13 Tybar Ranch Road and 40 Tybar Ranch Road,Carbondale,Colorado,81623. 1
14 known as No.
(Property).
Street Address City State Zip
15 [NOTE:V any item is left blank or the term"No Change'is inserted,it mean no change. The abbreviation"N/A"or
16 the word"Deleted"means not applicable and when inserted on any line in Dates and Deadlines(§2.3)means that the
8 corresponding provision of the Contract to which reference B made is deleted.]
19 2. §2.3. DATES AND DEADLINE$. [NOTE:This table may be deleted if inapplicable.]
20 -
Itmi.N RdmepSe Event _ DateorDadbne
rIy §4.2.I Ir Alternative Earnest Money Deadline r —
FFZ._--- §5.1 I Loan Application Deadline i - '— --
Imo!-- I §5.2 [Loan Conditions Deadline t —�-- -
1 4 I §5.3 f uye s Credit Information Deadline --- 1
r5 i §5.3 r Dmpproval of Buyer's Credit Information Deadline --`--
f 6 1 454 1 Existing Loan Documents Deadline
I 7 j §541-Existing Loan Doc mems Objection Deadline i
8. l §5.4 Loan Transfer Approval Deadline -
_____,--__—_.
.I 9 i §6.22 Appraisal Deadline
10 gfi.22 rpp alsal Objection Deadline r
11 r§7.1 Tide Deadline '
r12 1 §7.2 Document Request Deadline
113 Ia73 l Survey Deadline
§74.4.1 1 CIC Documents Deadline ------
15 1 4 7.4.5 (CIC Documents Objection Deadline
ilia 1 §8.1 1 Tide Objection Deadhtrc—' - -
17 483 rOff-Record Moistens Deadline --�-- `-`--`1
18 §R.2 --- Off-Record Matters Objection Deadline -- '
19 1 §832 FSurvey Objection Deadline - -
120f---
,__ - . . .- _<.
§R6 [Eight Of First Refusal Deadline "�
21 _ § Ku SellersPopen_y Dsclosure Deadline---- � " ''--- —`II
F2-2 I § 10.2 Inspection ObjectionDeadline -- - r -------- ' -"1
I 23 Ff 10.3 Inspection Resolution Deadline I
4 --n ali —�
24 § 105 [Property Insurance Objection Deadline
25 §1'; §12 Closing Date
_
FIjtue AE41593 vera Mends.C Copula
l'aW! =t le nl/➢/1] ILaII PM Pge ler±
4(:.a
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Janice K. Vos Caudill, Pitkin County, CO
IfevYN RNeaet— -FRveot T1[Daf,or De ihpe -
26.-- Hit]LL Possession Date _-r
»-.F— i _ �.: _. _
127 r§ 17 I Possession Time
.
t
zr.
22 3. Other dates or deadlines set forth in the Contract shall he changed as follows:
23
24
25 4. Additional amendmen6:
26 1. Section 13 of the Contract shall include the language that was struck out in lines 323 through 326.
27
28 2. In Article 6 of Addendum l to the Contract,the"To Buyer shall be changed to:
29 Board of County Commissioners of Pitkin County.
30 c/o Dale Will Acquisition and Special Projects Director
31 606 West Hallam Street
32 Aspen CO 81611
33: c/o Dale.Willepdkincounty.com
34
35 and"With a Copy To'shall be changed to the following:
36 John Ely ,
37 Pitkin County Attorney
38 123 Emma Road,Suite 204
39 Basalt C081621
40 Facsimile No.:(970)920-5198
41 John.Ely@pitkincounty.com.
42
43 All other terms and conditions of the Contract shall remain the same
44 .
......
45 This proposal shall expire unless accepted in waling by Seller and Buyer as evidenced by their signatures below and the oflenng parry
to this document receives notice of such acceptance on or before
Date Time
46
Date: iii411r I Date
Board of County Commissioners of
Buyer's Name Pitkin County,Colorado Buyer's Name
47
ag / v 'e E'I,trJ2.' i/Jl"✓Vfi✓V,: ::: _
(Buyer's ignature Buyer's Signature
49 v:
50
Date: Date:I/a tl /1q,r ..fra
�..
,..
Seller's Name: DOUGLAS L.FARRIS Seller's Name: DOROTHEA A.FARRIS
51
52
Seller's Signature Seller's Signature
53
pper�.., _ wt t_
p}��Ezconrw v !t n„ CM Fh}00>:SW9 : Initials
!!EE AEUS 5.mm to Amend/Emend rowan 01/23/l7 a IE:L PM Page W3
CONTRACT IIIIIII IIIIIIIIIIull1IIIIAIIInnIIIIIII11111HIIIIII11IIIIII111101
# ✓`-� /' /if DOC ER: $0.00, D: EO 00
1. DOC of CODE: EASEMENT
Pg 1 of 10,06108/2017 at 09:50:04 AM
TRAIL EASEMENT Janice K.Vos Caudill, Pitkin County, CO
1' IS PUBLIC TRAIL EASEMENT (the "Fasemenl I. made and entered into this 7d"
day of (/41d . 2017. by and between Douglas L. Farris and Dorothea A Farris i iiGrantor").
and the oard of County Commissioners of Pitkin County, Colorado ("Grantee-) Icollectneh.
the "Parties").
RECITALS:
A Grantor is the record owner of certain real property located
m Pitkin County that lies adjacent to and east of Prince Creek Road
(County Road No. 51. legally described in Exhibit A attached hereto and
as depicted in Exhibit B attached hereto (the "Property"). and
B. Grantee desires by this instrument la l to accept said
easement subject to the restrictions set forth herein, and (h) to assume
certain responsibilities in connection therewith.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein, and for other good and valuable considerations, the receipt and sufficiency of
which are hereby acknowledged, Grantor and Grantee agree as follows
1. Grant of frail Easement. Grantor hereby grants, transfers and conveys unto
Grantee and its successors and assigns, for the use and benefit of the general public a 30 loot
wide non-exclusive perpetual public trail easement for a trail in an alignment that runs
approximately parallel to the alignment of Prince Creek Road. as depicted on Exhibit B and
legally described on Exhibit C (the "Trail Easement ).
1 Acceptance of Easement. Grantee hereby accepts the Trail Easement in an
"as is' condition, subject to the restrictions herein contained. Such acceptance does not
preclude improvement or maintenance activities within the Trail Easement insofar as
such activities may he allowed or required by this Easement.
- . Trail Easement Use Restrictions.
a. Public use of the Trail Easement shall be exclusnel for non-
motorized recreation such as hiking, horseback riding, bicycling and nordic
skiing. Dogs within the Trail Easement must he leashed at all times
b This Easement is governed by the rules and regulations and other
provisions of Title XII of the Pitkin County Code, as said Title XII may be
amended or recodified from time to time, provided always that the provisions of
this Easement shall control wherever they arc more restrictive than the
provisions of said fide XII.
c. No motorized chicles shall he permitted to use the frail
Easement except as follows
i. As needed for maintenance of the Trail Easement or
emergency response and, lVz OC����r�
Farris Trail Easement
ir. Those wheelchairs. mobility aids, and other power-
driven mobility devices (OPDMD) in compliance with the Americans
with Disabilities Act ("ADA"). unless a particular type of device cannot
be accommodated because of legitimate safety requirements in
accordance with Assessment factors defined by the ADA.
d Grantor reserves the right to use and enjo) the Trail Easement and
the land beneath and the airspace above for all purposes and uses which do not
unreasonably interfere with the use and enjoyment by Grantee or members of the
public of the rights herein granted. This Easement is granted subject to all
existing easements. restrictions and covenants of record
4. Trail Easement Care and Maintenance. Grantee hereby assumes complete
responsibility for and agrees to care for and maintain the Trail Easement in a clean and attractive
condition and in a good and safe order and repair. at its sole cost and expense, unless the need
therefore is caused bs Grantor, or its successors or assigns in interest in the ownership of the
Property. in which case Grantor. or its successors or assigns in interest, shall perform the
maintenance or care so required: provided, however that Grantor is not responsible for said
damage if caused by horses or third parties. Grantee's maintenance responsibilities shall include,
but not be limited to. trash and debris removal. keeping the trail clear of rocks, vegetation and
other obstructions, grooming as needed, controlling erosion and water runoff, and genera] care
and maintenance
�. Severahilits. Should an} one or more sections or provisions of this Easement be
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair. or invalidate
the remaining provisions of this Easement, the intention being that the various sections and
pros isions hereof are sex erable
6 Governmental Immunity The Parties hereto understand and agree that Grantee is
relsrng on. and does not wane or intend to waive b> am provision of this Easement. the
monetary limitations or terms or any other rights, immunities and protections provided by the
Colorado Gnsernmental Immunity Act, C R S Section 24-10-101, et seq.. as from time to time
amended or otherwise available to the parties or am of their officers, agents or employees.
7 Grantor's Immunity . The Parties expressly acknowledge that the
Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101. et
seq.. and that Grantor is entitled to pursue the benefits, protections and limitations on
liability afforded by Colorado law governing recreational easements, including without
limitation said Section 33-41-101, et seq. 13> granting this Easement, Grantor shall
have no obligation to repair. clear or otherwise maintain the area within the Trail
Easement. or to insure or indemnify Grantee or the public for any injury, claim or
damage to any person or property, whether alleged to have occurred as a result of use of
the Trail Easement for public non-motorized travel or otherwise. or due to the condition
of the Trail Easement. The prosisions of this paragraph expressly extend to and shall
include Grantor's trustees and beneficiaries, as well ac Grantor's successors and assigns,
and their respectne agents. contractors and employees. and an> record owner of all or
any portion of the Property.
S. Attorneys' Fees. Choice of Law and Venue In the event the interpretation or
enforcement of this Easement should ever become the subject of litigation between Grantor for
theirits successors and assigns in the record ownership of the Property traversed b), the Trail
Easement. or am part thereof) and Grantee. the substantially prevailing party shall be entitled to
an award of its reasonable costs and attorneys fees incurred in connection therewith. This
1
Farris Trail Easement
Easement shall he construed according to the laws of the State of Colorado. and venue for any
action shall be in the District Court for Pitkin County. in the Ninth Judicial District of the State
of Colorado. Each party to this Easement shall have standing to bring an action to enforce the
terms and conditions of this Easement in District Court, including an action for specific
performance and injunctive relief
9. Binding Effect. This Easement shall he binding upon and inure to the
benefit of the parties hereto and their respective heirs, persona] representatives.
successors and assigns forever including all future record owners of the underlying real
property traversed by the Trail Easement. or any part thereof. The benefits and burdens
hereof shall also run with the title to the Property and all parts thereof traversed by the
Trail Easement. This Easement may only be amended in writing signed by both parties
hereto or their respective heirs, personal representatives, successors and assigns.
10. Any notice required or permitted under this Easement shall be in writing
and shall he hand-delivered or sent by registered or certified regular nail, postage pre-
paid to the addresses of the parties as follows below Electronic delivery of notices shall
also he deemed sufficient and considered delivered upon receipt of confirmation of
deli\ery on the part of the sender. Nothing contained herein shall he construed to
preclude personal sen ice of any notice in the manner prescribed for personal service of
a summons or other legal process Each party by notice sent under this paragraph may
change the address to which future notices should he sent
To Grantor
Douglas L and Dorothea A. Farris
42 Tv bar Ranch Road and 40 Tybar Ranch Road
Carbondale. C O 81623
dfarris a sopris.net
To Grantee
Board of County Commissioners of Pitkin County
do Dale Will
Acquisition and Special Projects Director
806 West Ilallam Street
Aspen, CO 81611
Dale Will1/pitkincount corn
With a Copy to:
John Ely
Pitkin County Attorney
123 Emma Road, Suite 204
Basalt. CO 81621
John.Elyu'pitkincounty corn
Fares Trail Easement
GRANTEE
BOARD OF COUNTY COMMISSIONERS OF
PIT/CIN COUNTY, COLORADO
By. �. / :.
jt�
George ewma ' Chair. p
The foregoing instrument was acknowledged before me this day offilhe.„
2017. b.) George Newman. Chair, Board of County Commissioners of Pitkin County. Colorado-
Witness my hand and offic' l seal
M commission expires: k 1���/` )
���1 ' ' .11,11
!���t.■uta.
LISA MACDONALD I Notary Public
Notary Public
State of Colorado
Notary ID#19924016259
My Commission Expires 11-15-2020
a
Fares Trail Easement
By:A•h tt
Dorothea A. Fan-is
STATE OFRADO 1
'''nn ) SS.
COUNTY OF t 1
The foregoing instrument was acknowledged before me thisda} of
11
. 2017. by Dorothea A. Farris
Witness my hand and official seal n
M4y commission expires 11 -0
LISA MACDONALDN
StatePublic
of Colorado
Notary Ip a 19924016259
M Commission Ex•irss 21-16.2020
• H
‘111 '
Fams Trail Easement
IN WITNESS WHEREOF. the parties have hereunto set their hands and seals as of
the day and year first above written
GRANTOR: Q Yr�/
BN': C� d J4/Nei
Douglas L Earns
STATE OF CC�O )
ss.
COLN71' OF '� \ )
I11 N�The foregoing instrument was acknowledged before me this 1k day of
1tq„ . 2017, by Douglas I.. Earns.
Witness my hand and official seal.
A1} commission expires11��
T XV
LISA M ,`!lik
NeM.Av DDOI oALD �' `1'
Stere of Coloretlo
Notary lD#19924016259 •
M Com mission Ex.ires 11-18-2020 Nota - !-‘
4
Farris Trail Easement
EXHIBIT A
A IRACI OF LAND SITUATED IN LOTS 3 AND 4 OF SECTION 14. TOWNSHIP 8
SOUTH RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN. LYING EASTERLY OF
A COUNTY ROAD AS CONSTRUCTED AND IN PLACE. DESCRIBED AS FOLLOWS
BEGINNING AT A POINT IN LOT 4 WHENCE A ROCK FOUND IN PLACE AND
PROPERLY MARKED FOR THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS
SOUTH 34`29'53 ' EAST 5198.52 FEET: THENCE SOUTH 00°01'27" EAST 277 43 FEET.
THENCE SOUTH 76`37'00" WEST 85.51 FEET:
THENCE NORTH 41°0711" WEST 62.53 FEET:
THENCE SOUTH 88°39'41" WEST 230.87 FEET:
THENCE NORTH 60°46'05" WEST 166.83 FEET TO A POINT ON TI1E EASTERLY LINE
OF SAID COUNTY ROAD:
THENCE NORTH 03035'00" WEST 465.00 ALONG SAID COUNTY ROAD,
THENCE NORTH 89`58'51" EAST 529.55 FEET,
THENCE SOUTH 00°01'09" EAST 290.23 FEET TO THE POINT OF BEGINNING
THERE IS HERBY EXCEPTED FROM THE ABOVE CONVEYANCE A 25 FOOT STRIP
OF LAND ALONG THE EAST MESA DITCH AS DESCRIBED IN DEED RECORDED IN
THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AS
DOC. NO 56416 IN BOOK 115 AT PAGE 499 THEREOF AND DOC NO. 56418 IN BOOK
115 AT PAGE 501
THERE IS ALSO HERBY CONVEYED BY QUITCLAIM. WITHOUT WARRANTY OF
ANY KIND. THE FOLLOWING:
ROAD EASEMENT DESCRIBED AS FOLLOWS: A 30 FEET STRIP OF LAND IN
SEC HON 14, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL
MERIDIAN, LYING 15 00 FEET TO EACH SIDE OF CENTERLINE MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID SECTION 14. A REBAR AND CAP IN PLACE,
THENCE SOUTH 59°39'28" EAST 2642.20 FEET TO THE TRUE POINT OF BEGINNING,
THENCE NORTH 76`37100" FAST 145.01 FEFT:
THENCE NORTH 17°15'32" WEST 9 57 FEET:
THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 39.39 }FET' AND A
CENTRAL ANGLE OF 64° 48122" A DISTANCE OF 44.55 FEET: THENCE NORTH
8200353" WEST 31.17 FEET TO THE TERMINUS.
7
Fame Trail Easement
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EXHIBIT C
A 30 FOOT PUBLIC TRAIL EASEMENT SITUATED IN LOTS 3 AND 4 OF
SECTION 14. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF PITKIN. STATE OF COLORADO, SAID EASEMENT LYING
EAST OF THE EASTERLY RIGHT OF WAY OF PRINCE CREEK ROAD AND
NORTHERLY OF TYBAR ROAD AS CONSTRUCTED AND LN PLACE. SAID
EASEMENT BEING THE WESTERLY 30 FEET OF THAT TRACT OF LAND
DESCRIBED IN BOOK 580 AT PAGE 897 OF THE PITKIN COUNTY CLERK AND
RECORDERS OFFICE. SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS•
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT OF LAND
DESCRIBED IN BOOK 580 AT PAGE 897; THENCE NORTH 89`58'51" EAST ALONG
THE NORTHERLY LINE OF SAID TRACT OF LAND 30.06 FEET, THENCE LEAVING
SAID NORTHERLY LINE SOUTH 03°35'00" EASI BEING 30 FEET EASTERLY AND
PARALLEL TO THE WESTERLY LINE OF SAID TRACT OF LAND 482.48 FEET TO A
POINT OF THE SOUTHERLY LINE OF SAID TRACT OF LAND; THENCE NORTH
60046'05" WEST ALONG SAID SOUTHERLY LINE 35.70 FEET TO THE SOUTHWEST
CORNER OF SAID TRACT OF LAND; THENCE NORTH 03'3500" WES I ALONG
THE WESTERLY LINE OF SAID TRACT OF LAND 465 00 FEET TO THE POINT OF
BEGINNING. SAID EASEMENT CONTAINING 14.212.1 SQUARE FEET AS
DESCRIBED.
9
Farris Trail Easement