HomeMy WebLinkAboutJERRY W WILLIAMS - CONTRACT - BID - 5652 SALE OF REAL ESTATE DORSET COURT (2)6.0 AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT is made and entered into this day of A h12 I L 20 OA
by and between THE CITY OF FORT COLLINS, COLORADO. a municipal corporation, whose
address is 300 LaPorte Avenue, Fort Collins, Colorado 80521, (hereinafter referred to as "the
Seller"), and " = whose address is
V (hereinafter referred to as
"the Purchaser"). ) 9 zuos—
WITNESSETH:
For and in consideration of the promises of the Purchaser to purchase and of the Seller
to sell the real property hereinafter described, and other good and valuable consideration, the
receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto
agree to be legally bound whereby the Seller agrees to sell and the Purchaser agrees to
purchase the said real property on the terms and conditions hereinafter set forth.
1. Description of Real Property. The real estate which is the subject matter of this
Agreement, are those certain parcels of real property located in the County of Larimer, State of
Colorado, which real property is legally described Lot 165, Block 24, Brown Farm 1 st, FTC.
Said real property shall be hereinafter referred to as "the Property." The Property shall include
any fences, buildings, landscaping, irrigation systems, and other improvements now located
thereon, including all fixtures of a permanent nature. The Property shall also include all water
taps, gas taps and sewer taps belonging or in any way appertaining thereto. In addition, the
Property shall include all of the Seller's right, title and interest in and to easements, rights -of -
way, future interests and rights to the same belonging and inuring to the benefit of the Property,
and in and to all strips and gores of land lying between the Property and adjoining property or
streets, roads or highways, open or proposed.
2. Method of Conveyance. The Seller agrees to sell to the Purchaser and the
Purchaser agrees to purchase from the Seller, subject to the terms and conditions as set forth
herein, the Property. The Property shall be conveyed by the Seller at the time of closing to the
Purchaser by quit -claim deed, free and clear of all liens and encumbrances, except and subject
to the following:
A. All easements and rights -of -way in place;
B. All easements, covenants, reservations, restrictions, rights -of -way, and
agreements of record;
C. Any restrictions, reservations or exceptions contained in any United States or
State of Colorado patents of record;
D. All zoning and other governmental rules and regulations;
E. Statutory lien rights resulting from the inclusion of the Property in any special
taxing district or improvement district;
RE/MAX First Associates, Inc.
115 West Oak Street, Suite 100
Fort Collins, Colorado 80521
Phone:970-482-1781, Fax:970-481-1720
IThe printed portions of this form have been approved by the Colorado Real Estate Commission. (SF 94-2-01)
SQUARE FOOTAGE DISCLOSURE
This disclosure is made to Buyer and Seller pursuant to the requirements of Colorado Real Estate Commission
Rule E-41 and applies to improved residential real estate. Check applicable boxes below.
Property Address:
2519 Dorset Ct., Ft. Collins, CO 80521
1. Licensee Measurement
Listing Licensee ❑ Has ® Has Not measured the square footage of the residence according to the following
standard, methodology or manner.
Standard/Methodology/Manner
Date Measured
Square Footage
❑Exterior measurement
❑ FHA
❑ ANSI
❑ Local standard
❑ Other
2. Other Source of Measurement:
Listing Licensee N Is ❑ Is Not providinginformation on square footage ofthe residence fromanothersource(s)
as indicated below:
Source of Square Footage Information Date Square Footage
❑ Prior appraisal (Date of document)
❑ Building plans (Date of Document)
®Assessor's office (Date obtained) April 79 2002 816 un / R1 6 down
❑ Other
Measurement is for the purpose of marketing, may not be exact and is not for loan, valuation or other purpose.
If exact square footage is a concern, the property should be independently measured.
Buyer and Seller are advised to verify this information. Any independent measurement or investigation should
be completed on or before the Inspection Objection Deadline of the contract.
By
Listing Licensee Date
Listing Licensee's Email Address
The undersigned acknowledge receipt of this disclosure.
SELLER
City of Fort Collins
SF94-2-01, Square Footage Disclosure
ReWFA$TO Forms, Box 4700, Frisco, CO 80443. Version 6,09. ®ReaIFAMP, 2002; Reg# LCOCOL223352
Completed by - Diane Biggs, Broker Associate, REIMAX First Associates, Inc
DATE
Buyer(s) _ 04/30/0212:16:14 Page 1 of 2
Sellers Email Address
BUYER
Jerry W Williams
Buyers Email Address
SF94.2-01, Square Footage Disclosure
Re8iFAST® Forms, Box4700, Frisco, CO 80443, Version 6.09, OReaIFA$T®, 2002; Reg# LCOCOL223352
Completed by - Diane Biggs, Broker Associate, RE/MAX First Associates, Inc.
04/30/02 12:16:14
DATE
Page 2 of 2
Seller(s) _
RE/MAX First Associates, Inc.
"15 West Oak Street, Suite 100
Fort Collins, Colorado 80521
Phone:970-482-1781, Fax:970-481-1720
The printed portions of this form have been approved by the Colorado Real Estate Commission. (LC 18-6-01)
THIS FORM HAS IIYIPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX
OR OTHER COUNSEL BEFORE SIGNING.
SELLER'S PROPERTY DISCLOSURE
(RESIDENTIAL)
THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER.
Seller states that the information contained in this Disclosure is correct to the best of Seller's CURRENT ACTUAL KNOWLEDGE
as of the Date. Broker may deliver a copy of this Disclosure to prospective buyers.
Date: April 30_ 2002
Property Address:
2519 Dorset Ct., Fort Collins, CO 80521
Seller:
City of Fort Collins
Date Original Building Permit Issued:
IN WORKING
CONDITION
A.
APPLIANCES
Not
Included
Yes
No
Do Net
Know
Age If
Known
COMMENTS
I
Built-in Vacuum Svs. & Accessories
2
Clothes Dryer
3
Clothes Washer
4
Dishwasher
5
Disposal
6
Freezer
7
Gas Grill
8
Hood
9
Microwave Oven
10
Oven
11
Range
12
Refrigerator
13
Roan Air Conditioner
14
T.V. Antenna
❑ Owned ❑ Leased
15
Satellite System or DSS Dish
❑ Owned ❑ Leased
16
Trash Compactor
17
18
IN WORKING CONDITION
B. ELECTRICAL SYSTEM Not
Included
Yes No Do Not Age If I COMMENTS
Know Known
1 Air Purifier
2 Security System
❑ Owned ❑ Leased
LC16-6-01, Seller's Property Disclosure (Residential), 216101
Raa1FA$T6 Forms, Bar 4700, Frisco, CO 80443, Version 6.09, OReaIFA$T®, 2002; Rep# LCOCOL223352
Completed by - Diane Biggs, Broker Associate, RE/MAX First Associates, Inc.
Buyer(s) 04/30/02 11:44:08 Page 1 0/ 6
8eltri(s) —
3
Ceiling Fans #
Garage Door Opener
4
5
Garage Door Controls #
6
Inside Tel hone Wiring and Blocks/Jacks
7
Intercom
8
In -Wall Speakers
9
Smoke/Fire Detector
10
Light Fixtures
11
Switches & Outlets
12
Interior 110 Volt Aluminum Wiring
❑ Yes ❑ No ❑ Do Not Know
13
Vent Fan(s)
14
Sauna
15
220 Volt Service
❑ Yes ❑ No ❑ Do Not Know
16
17
IN WORKING
CONDITION
C.
HEATING AND COOLING
Not
Yes
No
Do Not
Age H
COMMENTS
Included
Know
Known
1
AtticJWhole House Fan
2
Central Air Conditioning
3
Evaporative Cooler
4
Heating System:
Type(s)
Fuel(s)
5
Fireplace:
Fuel(s)
6
Fireplace Insert
7
Stove:
Fuel s
8
When was fireplacetwood stow,
chimney/flue last cleaned:
Date ❑ Do Not Know
9
Humidifier
10
Propane Tank
❑ Owned ❑ Leased
11
Radiant Heating System
❑ Interior ❑ Exterior
Hose Type
12
13
D.
WATER SYSTEMS
1Type
of Water Supply: ❑ Public ❑ Community ❑ Well ❑ Shared Well ❑ Cistern ❑ None ❑ Other
If the Property is served by a well, supply to Buyer a copy of the well permit.
Well Permit #
2
Other Water Rights included:
❑ Yes ❑ No
3
Type of Sanitary Sewer Service: ❑ Public ❑ Community ❑ Septic System ❑ None ❑ Other
If the Property is served by an on site septic system, supply to Buyer a copy of the permit.
❑ Tank ❑ Leach ❑ Lagoon
IN WORKING CONDITION
Not Yes No Do Not Age IT COMMENTS
Included Know Known
LC73441, aellor's Property Disclosure (Residendal), 2XMJ
ReaIFA$T® Forms, Bm 4700. Frism, CO 80443, Version 6.09, OReaIFA$Tn, 2002; Reg! LCOCOL223352
Completes by - Diane Biggs, Broker Associate, REIMAX First Associates, Inc.
Buyer(s) 04130102 11:44:08 Page 2 of 5
sellers)
4
Water Heater:
Fuel Type
5
Hot Tub or Spa
6
Plumbing
7
Polybutylene Pipe
❑ Yes 0 No ❑ Do Not Know
8
Galvanized Pipe
❑ Yes ❑ No 0 Do Not Know
9
1 Pool
10
Sump Pump
I
Underground Sprinkler System
12
Fire Sprinkler System
13
Water Purifier
14
Water Softener
❑ Owned ❑ Leased
15
16
E.
ROOF
Age, if known: years
Yes No Do Nat
Know
COMMENTS
1
Roof leak?
Past
Present
2
Damage to the roof?
Past
Present
3
4
Roof under warranty?
❑ Yes ❑ No 0 Do Not Know
Warranty transferable?
❑ Yes ❑ No ❑ Do Not Know
>>';
5
Expiration Date of Warren
. ."'
6
Roof material
7
8
F.
ENVIRONMENTAL CONDITIONS
Does Seller have any knowledge that the following
conditions Now Exist or Have Eusted.
Yes
No
Do Not
Know
COMMENTS
1
Methane Gas
2
Radon Gas
EPA encourages all buyers to test for radon.
3
Radioactive Materials
4
1 Toxic Materials
5
Urea Formaldehyde Foam Insulation UFF
6
Asbestos
Type
Location
7
Underground Storage Tank(s)
8
Underground Transmission Lines
9
Pets kept on the Property
t0
Dead or diseased trees or shrubs
11
Designated Noxious Weeds
12
13
Does Seller have any knowledge that the following I I I Know
LC15-0-01, Seller's Property Discbsurs (ReslAentisl), 24101
ResIFA$T® Forms, Box 4700, Frisco, Co 8o443, Vension 6.09, OReWFA$T®, 2002; Reg* LCOCOL223352
Compietetl by. Diane Biggs, Broker Associate, RFJMAX First Associates, Inc.
Buyer(s)
WNW 11:44:08 Page 3 of 5
Sellers)
conditions Now Exist or Have Existed,
I
Landfill
2
Mineshaft or Tunnel
3
Within designated Flood Plain Area
4
Sliding, settling, upheaval, movement or instability
of earth, expansive soil
5
Structural problems
6
Any additions or alterations made without a
required building it
7
Moisture and/or water problems in basement or
crawls ace
8
Damage due to termites, other insects or rodents
9
Damage due to wind fire or flood
10
11
H.
OTHER DISCLOSURES
Yes
No
Do Not
COMM
Does Seller have any knowledge that the following
Know
conditions Now Exist:
1
Encroachments, boundary disputes, unrecorded
easements
2
Shared or common areas with adjoining properties
3
Zoning Violations
4
Building Code Violations
5
Violation of restrictive covenants or owners'
association rules or regulations
6
Non -con forming use
7
Notice of any adverse conditions about the Property
from any governmental or quasi -governmental
agency which have not been resolved
8Legal
action related to the Property
9
Property is part of an owners' association
10
Special assessments or increases in regular
assessments approved by the owners' association,
but not yet implemented
11
Special improvements approved but not yet
installed, which may become a lien against the
Pr
12
Exterior Artificial Stucco
13
14
Advisory to Buyers: The location and ownership of fences, hedges, etc., may became matters of dispute. A survey can be used to
determine such matters.
Seller and Buyer understand that RR/MAX Fi rar Accnr Tnr rn r (Broker's Company Name) in noway warrants or
guarantees the above information on the Property. Property inspection services and/or home warranties may be purchased. This form
is not intended as a substitute for an inspection of the Property.
The information contained in this Disclosure has been furnished by Seller, who certifies to the truth thereof based on Seller's
CURRENT ACTUAL KNOWLEDGE. Any changes will be disclosed by Seller to Buyer prior to closing. Seller hereby receipts for
a copy of this Disclosure.
SELLER
City of Fort Collins
Seller's Email Address
LC78601, Seller's Properly Disclosure (Resi iential), 211MI
RealFASTO Films, Box 4700, Frisco, CO 80413, Version 6.09, DReaIFAST0, 2002; Refit LCOClx223352
Completed by -Diane Biggs, Broker Associate, REIMAX First Associates, Inc.
DATE
Buyer(s) _ 04130/02 11:44:08 Page 4 of 5
Buyer acknowledges that Seller's indication t an item is "waking" is not to be construe , a warranty of its continued operability
or as a representation or warranty that such item is St far Buyer's intended purposes or use of the Property. Buyer hereby receipts for a
copy of this Disclosure.
BUYER
Jerry W Williams
Buyer's Email Address
LC184-01, Sallee& Property Disclosure (Residenttaq, 2/BPof
RealFAIT® Forms, Boa 4700, Frisco, CO 80443, Version 6.09. OReaIFA$TO, 2002; Rep LCOCOL223352
Completed by - Diane Biggs, Broker Associate, RE/MAX First Associates, Inc.
04/3010211:44:08
DATE
Page 5 of 5
Seller(s) _
RE/MAX First Associates, Inc.
'115 West Oak Street, Suite 100
Fort Collins, Colorado 80521
Phone:970-482-1781, Fax:970-481-1720
Lead -Based Paint Disclosure (Sales)
Attachment to Contract to Buy and Sell Real Estate for the Property known as:
2519 nnrcpt Ct Fort Collins (10 1111121
Street Address City State Zip
WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS
IF NOT MANAGED PROPERLY
Penalties for failure to comply with Federal Lead -Based Paint Disclosure Laws include treble (3 times)
damages, attorney fees, costs, and a penalty up to $10,000 for each Violation.
Disclosure of Information on Lead -Based Paint and/or Lead -Based Paint Hazards
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest
in residentialrealpropertyisrequiredtoprovidethebuyw with anyinformation o1 lead-basedpainthazards fromrisk assessmentsorinspections
in the Seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based
paint hazards is recommended prior to purchase.
Seller's Disclosure to Buyer and Real Estate Licensee(s) and Acknowledgment
(a) Seller acknowledges that Seller has been informed of Seller's obligations. Seller is aware that Seller must retain a copy of this
disclosure for not less than three years from the completion date of the sale.
(b) Presence of lead -based paint and/or lead -based paint hazards (check one box below):
Seller has no knowledge of any lead -based paint and/or lead -based paint hazards present in the housing.
Seller has knowledge of lead -based paint and/or lead -based paint hazards present in the housing (explain):
(c) Records and reports available to Seller (check one box below):
❑ Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing.
Seller has provided Buyer with all available records and reports pertaining to lead -based paint and/or lead -based paint
hazards in the housing (list documents below):
Buyer's Acknowledgment
(d) Buyer has read the Lead Warning Statement above and understands its contents.
(e) Buyer has received copies of all information, including any records and reports listed by Seller above.
(0 Buyer has received the pamphlet "Protect Your Family From Lead in Your Hone.
(g) Buyer acknowledges federal law requires that before a buyer is obligated under any contract to buy and sell real estate, Seller
shall permit Buyer a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a
risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards.
(h) Buyer, aller having reviewed the contents of this form, and any records and reports listed by Seller, has elected to
(check one box below):
LJ Obtain a risk assessment or an inspection of the Property for the presence of lead -based paint and/or lead -based paint
hazards, within the time limit and under the terms of Section 10 of the Contract to Buy and Sell Real Estate, or
Waive the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint
hazards.
Real Estate Licensee's Acknowledgment
Each real estate licensee signing below acknowledges receipt of the above Seller's Disclosure, has informed Seller of Seller's obligations
and is aware of licensee's responsibility to ensure compliance.
Certification of
The printed Portions of this form have been approved by the Colorado Real Estate Commission. (LP45-1-97)
No. LP45. Lead-aased Point Disclosure (Sales)
ReedFA$T4) Forms, Box 4700, Frisco, CO 80443, version 6.09, ®ReaIFA$T®, 2002; Reg# LCOCOL223352
Cornpleted by - Diane Biggs, Broker Associate, RE/MAX First Associates, Inc.
Buyers) 04/30/0211:37:00 Page 1 of 2
Seller(s)
I certify that the statements I have made are:
rate to the best of my knowledge.
SELLER
City of Fort Collins
BUYER
Jerry W
Real Estate Licensee (I ' ng) Date Real Estate Licensee (Selling)
The printed portions of this form have been approved by the Colorado Real Estate Commission. (LP46.1.97)
No. LP45. LeadAaaed Paint Disclosure (Saba)
ReaIFA$T® Forms, Bar 4700, Frisco, Co 80443, Version 6.09, OReaIFA$TO, 2002; Regal LCOCOL223352
Completed by - Diane Biggs, Broker Associate, RE/MAX First Associates, Inc.
DATE
DATE 4 .3O —C%J,
+ 36
Date
04/3010211:37:00 Page 2 of 2
RADON & THE LAW
Ew '±illins City Code requires that radon risk, testing, and
mi.. am (pjgrtina(Igp be provided to all homebuyers of residential
property at point of sale (prior to the execution of a contract on a
homey The required information is contained within this brochure.
The law dogs -not require testing or mitigation.
The required information must be supplied by the seller. The
"seller" may be a maltor, for sale by owner, an attorney, or any
other person acting on behalf of the seller.
Colorado law requires that homeowners inform buyers if they are
aware of a radon problem in the home they are selling. A radon
problem means the home has been tested and the test indicated
levels of 4 pCi/L or higher.
Deaths Per Year
® Dlunt Dnwn r�rtt]r -'a Ntn
® Dlswnlnl[ ay fat[
■ Mllln• C Its M1ti
--Radon is estimated to cause about 15,000 deaths per year, however, this
number may vary depending upon the data model used.
RADON - THE FIX
Radon problems can be fixed by means of a radon mitigation
system. This system consists of a plastic pipe connected to the and
bath a slab, basement, or crawl space floor, which then extends to
the outside of the home where the radon gas is exhausted to the
outside air. In most existing homes, a continuously -operating fan is
attached outside the living space and monitoring devices installed near
the sysaari help monitor the system's effectiveness. Radon technology
can reduce radon levels below 4 pCi/L. It is recommended you hire
a contractor who has completed and passed the RPP program for
radon mitigation.
In new constructions, it is advisable to have a radon system built
during construction. Such systems frequently do not need fans and
can be concealed within the internal skeleton of the hone.
For a list of local certified radon contractors look In the
Yellow Pages under Radon Mitigation
Fort Collins Natural Resources Department - 9701221-6312
CO Department of Public Health & Environment - 303/692_3090
Western Regional Radon Training Center - 1-800-513-8332
RNRRO 2.Wm
11:7:�
BUYING AND SELLING A HOME IN
FORT COLLINS
Marion - 'General Information
Radon and The Law
Radon In Fort 'Collins
Radon Vesting
Ramon - The Fix
Community Planning & Environmental Semim
Natural Resources Department
POB 580
Fort Collins, CO 90521-0580
January 1999
RADON -GENERAL
INFORMATION
[a. nl Frwt fnllina
All oil, gas or other mineral reservations or exceptions of record;
G. General property taxes, assessments and charges for 2001 and all subsequent
years; and
H. The reservation of easements and rights -of -way described in paragraph 3. below.
3. Reservation of Easements. The Seller may reserve and except unto itself, its
successors and assigns, from the Property, the following described easements and rights -of -
way:
[Description of easements and rights -of -way]
4 Purchase Price. The total purchase price of the Property shall be
vv\d� �1 ertnl- Tlnjn e7l.ouTQ -S. Dollars ($ I-_3, DDD ), and shall
be payable by the Purchaser to th4 Seller as follows:
A. The sum of One Thousand U.S. Dollars ($1,000.00) representing an earnest
money deposit, shall be paid to the Seller by the Purchaser upon the execution of this
Agreement in cash or certified funds.
B., The balance of the purchase price in the amount of
v vac " ' w s U.S. Dollars
($ I a not)), subject to closing sts and customary prorations, as hereinafter provided,
shall be payable by certified check from the Purchaser to the Seller at the time of closing, as
hereinafter set forth.
5. Title Insurance. The Purchaser, at its own expense, shall provide its own title
insurance. The Seller shall be under no obligation to provide title insurance in this transaction.
The title insurance commitment obtained by the Purchaser shall show marketable title to the
Property in the Seller, subject only to those items described in paragraph 2. above. In the event
said title insurance commitment discloses title defects subject to which the Purchaser need not
take title, the Seller may, at its option, cure such defect within a reasonable period of time, at its
expense, without in any other manner affecting the terms of this Agreement. In the event said
title insurance company refuses to omit any title defect or objection prior to closing, then the
Purchaser shall, at its election, have the right to accept such title as the Seller is willing to
convey, without any reduction of the purchase price; or the Purchaser shall have the right to
rescind this Agreement and, upon such rescission pursuant to this paragraph, the Purchaser
shall be entitled to the return of the amount of money theretofore paid to the Seller or its agent;
and upon such payment, this Agreement shall be null and void and of no further effect, and all
parties to this Agreement shall be released from all obligations hereunder.
6. Closing. The closing of this transaction shall be held on or before
� t, / < at m. F L o nd T +)
located at �S M i -f c c_1I ,(�✓' i FTC ,except as otherwise provided
for in Paragraph 21. below, or at such other reasonable time, date or location as the parties may
mutually agree upon.
7. Possession. Possession of the Property shall be delivered to the Purchaser at
the time of closing.
8. Prorations. Real property taxes and assessments and similar expenses, in
accordance with local practice, shall be prorated as of the date of closing.
9. Remedies on Default. If any payment due hereunder is not paid, honored or
tendered when due, or if any other obligation hereunder is not performed as herein provided,
there shall be the following remedies:
A. If the Purchaser is in default, then the Seller may elect to treat this Agreement as
terminated, in which case all payments and things of value received hereunder from the
Purchaser shall be forfeited by the Purchaser and retained by the Seller, and the Seller may
recover such damages as may be proper, or the Seller may elect to treat this Agreement as
being in full force and effect, and the Seller shall have the right to an action for specific
performance or damages, or both.
B. If the Seller is in default, the Purchaser may elect to treat this Agreement as
terminated, in which case all payments and things of value received hereunder by the Seller
shall be returned to the Purchaser, and the Purchaser may recover such damages as may be
proper, or the Purchaser may elect to treat this Agreement as being in full force and effect and
the Purchaser shall have the right to specific performance or damages, or both.
10. Attorney's Fees and Costs. In the event either of the respective parties hereto
shall default in any of their covenants or obligations herein provided and the party not in default
commences legal or equitable action against the defaulting party, the defaulting party expressly
agrees to pay all of the non -defaulting party's reasonable expenses of said litigation, including a
reasonable sum for attorney's fees.
11. Governing Law. It is expressly understood and agreed by and between the
parties hereto that this Agreement is made in and shall be construed and interpreted in
accordance with the laws of the State of Colorado.
12. Notices. Any notice or other communication given by either party hereto to the
other relating to this Agreement shall be hand delivered or sent by registered or certified mail,
return receipt requested, addressed to such other party at their respective addresses as set
forth below; and such notice or other communication shall be deemed given when so hand
delivered or when so mailed:
If to Seller:
c/o
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to Purchaser:
51err (A). LJ,t)1;Cc-r,S
/ a N
o A
With a copy to:
City Attorney's Office
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
With a copy to:
ll I a c } he rVI.
I,v , '
F-z r JnJ C 0��/
13. Assignment. This Agreement shall not be assigned by either of the parties
hereto without the prior written consent of the other party.
14. Maintenance of the Property. The Seller shall keep, or cause to be kept, the
Property in its condition as of the date hereof until the closing of this transaction, subject to
normal wear -and -tear and seasonal changes, and agrees not to commit or permit waste
thereon.
15. Casualty. In the event that the Property is substantially damaged by fire, flood or
casualty between the date of this Agreement and the date of closing of title, this Agreement
may, at the option of the Purchaser, be declared null and void and of no further force or effect;
and all the parties to this Agreement shall be released from all obligations hereunder; and the
Purchaser shall be entitled to a refund of the amount of money, if any, theretofore paid to the
Seller.
16. Headings. Paragraph headings used herein are for convenience of reference
and shall in no way define, limit or prescribe the scope or intent of any provision under this
Agreement.
17. Terms Survive Closing. To the extent necessary to carry out all of the terms and
provisions hereof, the said terms, obligations and rights set forth herein shall be deemed not
terminated at the time of closing, nor shall they be necessarily merged with the various
documents executed and delivered at such time.
18. Construction. Words of the masculine gender shall include the feminine and
neuter gender and when the sentence so indicates, words of the neuter gender shall refer to
any gender. Words in the singular shall include the plural and vice versa. This Agreement shall
be construed according to its fair meaning, and as if prepared by both parties hereto, and shall
be deemed to be and contain the entire understanding and agreement between the parties
hereto. There shall be deemed to be no other terms, conditions, promises, understandings,
statements or representations, express or implied, concerning this Agreement unless set forth in
writing and signed by both parties hereto.
19. Time is of the Essence. It is agreed that time shall be of the essence to this
Agreement and each and every provision hereof.
rd
20. Right to Inspect. The Purchaser shall be permitted to fully inspect the Property at
any time up to and including M At 1-1 ; 02 DDT. . The Seller agrees that the
Purchaser and its agents may have reasonable access to the Property to conduct tests and/or
inspections, at its expense, concerning the presence of environmental hazardous waste,
underground storage tanks, or other environmental conditions which could expose the
Purchaser to future liability for damages or clean-up expenses. In the event the Purchaser's
exposure to such damages or expenses is certified by a qualified environmental engineer to be
reasonably likely and s�4YcIn damages.,or a penses are reasonably estimated by the engineer to
exceed El ve Nun f�J 1)nJ&a,,-r , the Purchaser may, upon written
notice to the Seller specifying such hazard and cost, terminate this Agreement. In the event of
such termination, the Purchaser's earnest money deposit paid pursuant to paragraph q,4.
above shall be returned to it. In the absence of such written notice from the Purchaser to the
Seller on or before „2bi)A this inspection condition shall expire.
21. Contingency. This Agreement is hereby made expressly contingent upon the
City Council of the City of Fort Collins (hereinafter referred to as "the Council") approving this
Agreement b rdinance, which ordinance must be passed by the Council on second reading on
or before .� I. ?,Vo 1. , and must become law ten (10) days thereafter as provided in
the City Charter. If he Council does not pass such an ordinance on second reading on or
before L AI , et Q or for any reason it does not become law ten (10) days thereafter
as provided in the City Charter, this Agreement shall be automatically terminated and all parties
shall be released from all obligations hereunder and any monies theretofore paid to the Seller
by the Purchaser shall be refunded in full to the Purchaser.
22. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective personal representatives, successors and assigns.
23. "AS -IS" Nature of Sale. Purchaser acknowledges and agrees that the Seller has
not made, does not make and specifically negates and disclaims any representations,
warranties, promises, covenants, agreements or guarantees of any kind or character
whatsoever, whether express or implied, oral or written, past, present or future, of, as to,
concerning or with respect to the Property and: (a) the value, nature, quality or condition of the
Property, including, without limitation, the water, soil and geology of the Property; (b) the income
to be derived from the Property; (c) the suitability of the Property for any and all activities and
uses which Purchaser may conduct thereon; (d) the compliance of or by the Property or its
operation with any laws, rules, ordinances or regulations of any applicable governmental
authority or body; (e) the habitability, merchantability, marketability, profitability or fitness for a
particular purpose of the Property; (f) the manner or quality of the construction or materials, if
any, incorporated into the Property; (g) the manner, quality, state of repair or lack of repair of the
Property; (h) the amount of land that constitutes the Property (i.e., the number of square feet or
acres being conveyed); or (1) any other matter with respect to the Property, and specifically, that
Seller has not made, does not make and specifically disclaims any representations regarding
compliance with any environmental protection, pollution or land use laws, rules, regulations,
orders or requirements, including solid waste, as defined by the U.S. Environmental Protection
Agency regulations at 40 C.F.R., Part 261 or the disposal or existence, in or on the Property, of
any hazardous substance, as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder.
Purchaser further acknowledges and agrees that having been given the opportunity to inspect
the Property, the Purchaser is relying solely on its own investigation of the Property and not on
any information provided or to be provided by the Seller. The Purchaser further acknowledges
and agrees that any information provided or to be provided with respect to the Property was
5
obtained from a variety of sources and that the Seller has not made any independent
investigation or verification of such information and makes no representations as to the
accuracy or completeness of such information. The Purchaser agrees that the Seller is not
liable or bound in any manner by any verbal or written statements, representations or
information pertaining to the Property, or the operation thereof, furnished by any real estate
broker, agent, employee, servant, or other person. The Purchaser further acknowledges and
agrees that to the maximum extent permitted by law, the sale of the Property as provided for
herein is made on an "AS IS" condition and basis with all faults. It is understood and agreed
that the purchase price has been adjusted by the Purchaser to reflect that all of the Property is
sold by the Seller and purchased by the Purchaser subject to the foregoing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
SELLER:
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
City Manager
PURCHASER:
0
??'1' ADDENDUM A
FINANCING CONDITIONS AND OBLIGATIONS.
a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan, or if an existing loan is not to be
released at Closing, Buyer, if required by such lender, shall make written application by A y r i 1 30, ?-vV Z . Buyer shall cooperate
with Seller and lender to obtain lean approval, diligently and tenely pursue same in good faith, execute all documents and firnish all information
and doeumrnts required by lender, and, cl..3nee. +, ' pay the costs of obtaining such loan or lender consent Buyer agrees to satisfy the
reasonable requirements of lender, and shall not withdraw the loan or assumption application, nor intentionally cause any change in circumstances
which would prejudice lenders approval ofthe ban application or funding ofthe loan.
It. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as specified h tire; this contmct is
conditional upon Buyer obtaining a written loan commitment including, if required by lender, (1) lender verification of employment, (2) lender
approval of Buyers credit -worthiness, (3) lender verification that Buyer has sufficient finds to close, and (4) specification of my remaining
requirementfor funding said loan. This condition shall be decmed waived unless Seller receives from Buyer, no later than /`/I &../ 31 '-
5?'-1� f reie 1NT4 written notice of Buyers inability to obtain such lean cor mit ent. If Buyer so notifies Seller, this contract shall terminate. /
IF BUYER WAIVES THIS CONDITION MIT nnF.0 NOT". OSE, BUYER SHALL BE IN DEFAULT.
C�✓� APPRAISAL PROVISIONS.
ek, . Buyer shall have the sole gption and election to term at this contract if the Purchase Price exceeds the Property's
valuation determined by an appraiser engaged i] x rt�- e ) Z.1x O/ -The
by �—�-• contract shad terminate by Buyer giving Seller written
notice of termination and either a copy of such appraisal or ATRleh notice from lender which confirms the Propert/s valuation is less than the
Purchase Price, received on or before M k\1 -.Z.- j �.,, poZ- If Seller does not receive such written notice of termination on or before the
Z 7 2 rw i Buyer waives any tight to terminate under this subsection.
l b Cost of Appraisal. Cast ofany appraisal to be obtained after the date of this contract shall be timely paid by Buyer El Sdkr.
a. luapedian Obimlion Deadline, Buyer shall have the right to have inspectiorn(s) of the physical condition of the Property and
sions, at Buyers expense, If the physical condition of the Property or Inclusions is unsatisfactory in Buyers subjective discretion, Buyer shall,
on or before M.%\, I , 7— C';'v 2—
(1) notify Iler in writing that this contract is terminated, or
Correct).(2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct (Notice
If written notice is not received by Seller on er before M Lk f 1 �) Z (jV -Z ,. the physical condition of the Property and
Indusions shall be deaned to be satisfacGxy to Buyer. 1
b. Resolution Deadline. If Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement
thereofon or before M kN 17) 2. VOL , this contract shall temninate one calendar day following the M 14111 1-7 1 Z WZ unless
before such termination Seller receives Buyers written withdrawal of the Notice to Correct.
e. Walk -Through; Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the Property prior to
Closing to verify that the physical condition of the Prop" and Inclusions complies with this contract.
(�,� RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document Buyer and Seller acknowledge that the Selling
�rq, or the listing Company has advised that this document has important legal consequences and has recommended the examination of title
and consultation with legal and tax or other counsel before signing this contract.
CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seiler shall pay, in Good Funds, their respective Closing casts and all
other items required to be paid at Closing, except as odrerwise provided herein. Buyer and Seller shall si and complete al I custonary or reasonably
required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by a -Half by Buyer and One -Half by
j� Se
BROTRS' COMPENSATION DISCLOSURE.
Selling Company's compensation or commissions to be pr�e�h'd% by):Buyer ❑ Self{ ❑ L'ntJ'Qg Company Other
Ann "d'�r1 C20n &I/n vi (D wh1 cL,Q✓h to C
(To be complet listing Company) Lisung Co any's compensation orcomnissio p is t be paid�Buyer ❑ Seller ❑Other
Selfing Company
RE/MAX First Associates, Inc.
215 st Oak Street, Suite 100
Fort Collins, Colorado 80521
Phone: 70-982-1781, Fax.L__970-481-1720
Signature Diane Biggs �)a Date
4/30/2002 Page 1 of I Addendum to Agreement of Purchase and Sale of 2519 Dorset Ct., FTC
r
_1 ADDENDUM A
i FINANCING CONDITIONS AND OBLIGATIONS.
a. Loan Application. If Buyer is to pay all or pad of the Purchase Price by obtaining a new loan, or if an existing loan is not to be
released at Closing, Buyer, if required by such lender, shall make written application by A f r i 1 3 U, 17' ov Z. . Buyer shall cooperate
with Seller and lender to obtain lean approval, diligently and timely pursue same in good faith, execute all documents and firnish all information
and documents required by lender, and, a. g r¢e. +u , pay the casts of obtaining such loan or lender consent Buyer agrees to satisfy the
reasonable requirements of lender, and shall not withdraw the loan or assumption application, nor intentionally cause any change in circumstances
which would prejudice lenders approval ofthe loan application or funding ofthe loan.
b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as specified h ore, this contract is
conditional upon Buyer obtaining a written loan commitment including, if required by lender, (1) lender verification of employment. (2) lender
approval of Buyer's aer it-worthinness, (3) lender verification that Buyer has sufficient funds to close, and (4) specification of any remaining
requirem ms,fer funding said loan. This condition shall be deemed waived unless Seller receives from Buyer, no later than /Ina31 :2-4x"z-
s re" I^ wriaen notice of Buyers inability to obtain such loan oummitmera. If Buyer so notifies Seller, this contract shall termidale.
IF BUYER WAIVES THIS CONDITION BIIT nOFR NOT CLOSE, BUYER SHALL BE IN DEFAULT.
(� APPRAISAL PROVISIONS.
q , Buyer shall have the sole gption and election to term ate this contract if the Purchase Price exceeds the Property's
valuation determined by an appraiser engaged by r I i r u S Ea I yI M'Z' ; The contract shall terminate by Buyer giving Seller written
notice of termination and either a copy of such appraisal or.Aritten notice from lender which confirms the Property's valuation is less than the
Purchase Price, received ern or before r./\ i,k,.1 7_ pDZ- If Seller does rat receive such written notice of termination ern or before the
.M C:ba1 7, 2-w Buyer waives any right to terminate under this subsection.
. Cast of Appraisal. Cost ofarny appraisal to be obtained after the date ofthis contract shall be timely paid by Buyer ❑ Seller.
a lrtvpedion Obiection Deadline Buyer shall have the right to have inspection(s) of the physical condition of the Property and
siorrs, at Buyet'a expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion, Buyer shall,
on or before w1 %Y f h tv u 2
(1) notifyller in writing that this contract is terminated, or
(2) provide Seller with a written description of any umsatist'actory physical condition which Buyer requires Seller to coned (Notice
Correct).
W written notice is not received by Seller on or before iAV ( �) '�, UiJ Z , the physical condition of the Property and
Inclusions shall be deemed to be satisfactory to Buyer. 11
b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement
thereof on or betPore M ley 17 i - W L this contract shall terminate one calendar day following die M A< 4 17 1 'Z L%, unless
before such ternnation Seller receives Buyer's written withdrawal of the Notice to Correct.
c. Wak-Through; Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the Property prior to
Closing to verify that the physical condition of the Property and Inclusions complies with this contract.
RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this docuttent, Buyer and Seller acknowledge that the Selling
�rmy or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title
and co nsultatimn with legal and tax or other counsel before signing this contract.
1r.1,
`
�/ CLOSING COSTS: DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all
other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shal I si and complete all customary or reasonably
required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by�ne-Half by Buyer and One -Half by
Se OQ r
�dlplgCgnpamy's,pomgensaton. orcotnmission is �° be id by: El Buyer, Seller ❑Listing Company Other
1 L ItN ni F--} I�h3 Slln sc 4. h7C'a•rta t
(To be cenpl ed by Listing Company) Listing Company's c nsa i rh or commission is to be paid hy❑ Buyer ❑ Seller ❑ Other
Selling Company:
RE/MAX First Associates, Inc.
215 West Oak Street, Suite 100
Fort Coll"", Colorado 80521
Phone: 970 82-1781, Fax: 970-481-1720
By:
Signature Diane Biggs
5/01/2002 Page I of I Addendum to Agreement of Purchase and Sale of2519 Dorset Ct., FTC
Date
GMAC Mortgage
2900 South College Ave, Suite 3.G
Fort Collins, Co 80525
970-2264700
Jerry William Williams
Via Alegre Drive
Ramona, CA 92065
04/29/2002
Dear Williams:
GMAC Mortgage Pre -Approval Credit Terms
2519 Dorst Court O
Fort Collins, CO 80525
GMAC Mortgage is pleased to pre -approve you for either a loan amount of $173,000.00 or a maximum
monthly housing payment of $1,295.55 (including principal and interest).
This approval is for credit purposes only and is valid through 12/30/2002. If you need to extend your
approval beyond this date, updated information may be necessary. If there is any change in your
income, credit, or asset status, GMAC Mortgage reserves the right to review any change and base our
decision on the new information. Listed below are conditions of the pre -approval that apply. Please call
us if you have any questions.
Check those that apply:
1. Telephone Verification of Employment
2. Private Mortgage Insurance
3. Payoff debts (please list debts and amounts)
4. Receipt of Gift $
_ 5. Gift Letter
6. Sale of previous home documentation, showing proceeds
7. Satisfactory landlord/mortgage history
8. Source of downpayment deposit
X 9. Additional asset documentation
_ 10. Additional income documents
11. Additional credit documents
12. Other:
The final approval is subject to a complete sales contract when you find a home, a satisfactory appraisal
of the property and updating the information you have provided.
C
1AC Mortgage.