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HomeMy WebLinkAboutR86-038 sale of county's modular jail facilityi wr Commissioner 4-46 'A /"141-A moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO NO. 86- 39' WHEREAS, the Board of County Commissioners is desirous of selling the County's modular jail facility; and WHEREAS, Lyle F. Wall is desirous of purchasing said modular jail facility for the price of $274,000.00, as more fully set out in the contract attached hereto and marked "Exhibit A"; and WHEREAS, the Board of County Commissioners is authorized to sell and convey said modular jail by the provisions of Article 11, Chapter 30, of the Colorado Revised Statutes. NOW, THEREFORE, be it resolved that Donald Welch, Chair- man of the Board of County Commissioners, is authorized to execute the Contract contained in the attached "Exhibit A" which is made a part hereof by reference thereto. Be it further resolved that the Chairman is authorized to execute any other document as is called for by said contract or is necessary to accomplish the purpose of the contract. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ZCL-eit�day of April, 1986. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners IL/C By: k to th Board of ty Commissioners IM M Commissioner ( s i�sT�sdy/ seconded adop- tion of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welche Commissioner Richard L. Gustafson a_ Commissioner John F. Loughran This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -2- CONTRACT OF PURCHASE This Contract is being made between The Board of County Commissioners of the County of Eagle, State of Colorado, as the "Seller," and Lyle F. Wall, as "Purchaser." The Seller wishes to sell the Eagle County modular jail facility presently located adjacent to the west side of the Eagle County Courthouse, Eagle, Colorado, hereinafter referred to as the "modular jail," and the Purchaser desires to purchase the modular jail. Now, therefore, in consideration for their mutual prom- ises and agreements contained herein, the parties hereto agree as follows: 1. Total Purchase Price is $274,000.00. The Total Purchase Price shall be paid as follows: a. Purchaser tenders a cashiers check to Seller in the amount of $27,000.00 as earnest money with this contract offer. b. Purchaser shall pay an additional $73,000.00 to Seller in the form of a cashiers check at the time of closing. C. The balance of the total purchase price, $174,000.00, shall be paid to the Seller in the form of a cashiers check on or before December 30, 1986. The Purchaser may pay the balance of the purchase price at any time prior to December 30, 1986. Purchaser shall pay interest to Seller on unpaid balances of principal at the rate of 8 1 /4o per annum. Interest shall be paid at the end of each 90 days after closing until all remaining balances of principal have been paid in full. In the event any interest payment is not paid on time, a late fee "EXHIBIT A" of $870.00 will be added to the interest payment (this late fee is equal to an additional 2% interest for 90 days.) 2. The modular jail includes all personal property, fixtures and equipment located at the jail site including the personal property, fixtures and equipment described on Exhibit "A" attached hereto and incorporated herein by this reference. The modular jail facility is presently bolted to concrete piers and thereby attached to the real estate. It is mutually agreed that the entire modular jail building and facility, including fixtures and equipment, may not be removed by the Purchaser or unbolted from the the concrete piers until final payment of the total purchaser price. 3. Security. Purchaser shall execute a Uniform Commercial Code Financing Statement in the form attached hereto as Exhibit "C" to secure payment of the total purchase price. This document shall be delivered to the Seller at closing. 4. Seller shall deliver to the Purchaser at closing a bill of sale in the form attached hereto as Exhibit "B" conveying the modular jail and all of its appurtenant property and equipment to the Purchaser. Seller shall deliver to the Purchaser at closing a resolution of the Board of County Commissioners authorizing the sale to the Purchaser according to the terms of this contract. 5. Closing shall occur at 2:00 P.M., May 15, 1986, at the Eagle County Courthouse. Possession of the jail shall be delivered to the Purchaser at closing. However, Purchaser will not remove the modular jail from its present location until the total purchase price has been paid to the Seller. 6. Purchaser shall maintain the modular jail after the closing. Purchaser shall have the only keys to the modular jail after the closing. Purchaser shall make provision with the Eagle Fire Protection District for their emergency access -2- to the modular jail. Purchaser may show the modular jail tc prospective purchasers, and maintain, remodel, repair the modular jail at any time at its election after closing. Purchaser may place any equipment in the jail and may secure or prevent entry into the jail by any means it deems advisable including welding shut doors and windows. Purchaser shall be responsible for any loss or damage to the modular jail after closing. 7. While stored on the property of the Board, Purchaser shall be responsible for all utilities used in the structure. Purchaser shall make no use of the modular while it is located on Eagle County property other than to show it for purposes of sale or lease, to make repairs or renovation of the modular jail, or to prepare it for relocation. Under no circumstances shall Purchaser allow any prisoners to be confined in said modular while at its present location without the express written consent of the Board. If utilities to the modular jail are not separately metered, the Purchaser shall only be liable for utilities consumed in the modular jail. 8. After closing, any risk of loss to the modular jail shall be borne by the Purchaser. The Purchaser shall have the option of having the Board of County Commissioners continue to insure the jail on the County's insurance policy with the Purchaser reimbursing the County for the premiums allocated to the modular jail; or the Purchaser may insure the modular jail. The modular jail shall be insured for at least the amount of the unpaid purchase price and Seller and Purchaser shall be named as insureds on the policy. The proceeds of any insurance policy for the damage or destruction of the modular jail shall be paid first to the Board of County Commissioners to the extent of any sum still owed to the Seller, and only after payment in full of the total purchaser price and any -3- } i i accrued interest shall any of the insurance proceeds be paid over to the Purchaser. 9. Seller shall convey the modular jail to the Pur- chaser free and clear of any liens and encumbrances including tax liens and special districts. 10. The modular jail is sold as is. The Seller makes no warranties, express or implied. 11. The Purchaser shall remove the modular jail from its location on or before May 22, 1987, unless written permission is granted by the Board of County Commissioners to allow the modular jail to remain at the present location for a longer period of time. After removing the modular jail from the site, Purchaser shall remove all debris and leave the site in a level condi- tion suitable for lawn purposes. Purchaser shall dig up the concrete piers on which the jail is presently set, but the Seller will haul the piers away and the Seller will provide fill dirt at the site to enable the Purchaser to level the site. 12. The Purchaser shall indemnify the Board of County Commissioners against any claim or loss caused by the Purchas- er's possession or relocation of the modular jail. This may be covered by the existing insurance pursuant to Section 8. Purchaser shall not be liable for any losses or damages that are paid to the Seller pursuant to any insurance policy for which the Purchaser has been paying the premiums. 13. Default. If either party shall default in any of its obligations under this contract, the non - defaulting party shall give 20 days' written notice to the defaulting party. If the defaulting party fails to correct its default within 20 days, the non - defaulting party may file suit for such relief as may be appropriate, in law or in equity, including specific zz performance and injunctive relief. In the event of default by the Seller, the Purchaser may, at its election, terminate the contract and receive an immediate refund of all principal and interest payments it has made to the Seller. The defaulting Party shall also be liable for the non - defaulting party's reasonable costs and attorney fees. 14. Seller shall be liable for all utility charges for service to the modular jail until the date of closing. Purchaser shall be liable for utility services consumed by the modular jail after the date of closing. Purchaser shall not be liable for any real property or personal property taxes on the modular jail for 1986 or prior years. 15. When this contract is signed and dated by Purchaser it becomes a binding offer of Purchaser until noon, Tuesday, April 29, 1986. 16. If this contract is approved by resolution of the Board of County Commissioners and signed and dated by appro- priate representatives of the Board of County Commissioners by noon, April 29, 1986, it shall become a binding contract between the Seller and the Purchaser. If this offer is not accepted by the Seller in such time and manner, this offer terminates automatically and becomes void ab initio, and the Seller will have no right to the earnest money deposit of $27,000.00. 17. After the closing, Purchaser may transfer ownership of the modular jail to a partnership in which Purchaser has at least a 50% interest. Purchaser shall remain fully liable for the performance of this contract by any transferee. 18. This contract supersedes and terminates any previous contracts or obligations between the parties. -5- PURCHASER: Lyle F. Wall Address: 2190 W. Drake Suite 241 Ft. Collins, CO 80526 Telephone:(303) 223 -7052 Date: ACCEPTED BY SELLER: COUNTY OF EAGLE, STATE OF COLORADO, BY and Through Its BOARD OF COUNTY COMMISSIONERS By By: c rk to the and Donald H. Welch, CYAirman ounty Commissioners Address: P.O. Box 850 Eagle, CO 81631 Telephone:(303) 328 -7311 Date: EXHIBIT A 1 Control panel for outdoor, jail and sally port: Booking room 4 RCA video monitors 1 COL -LEC gate opener 1 AIRPHONE LAF 10 intercom video camera at entrance cased video camera, out door rec. mercury vaporlight The top, sidewall in -out door rec plus tunnel w /intercom button GENERAC generator SD- 15/17070, model Stanley Vemco Elec. gate opener Mdl. ASJCB510 -5446 Fencing w /gate: sally port mercury vaporlights, sally port GENERAC elec. panel- w /connecting box and conduit wiring Elec panel marked "EM" - w /connecting box and conduit wiring Elec panel marked "DF" - w/ connecting box and conduit wiring crawl space lid Intercoms in visitor station camera in indoor rec camera in N. wall /hallway camera in S. wall/hallway 28 loose bunks 1 attached bunk RCA videos AIRPHONE intercom model LA -A Rauland control panel, 3 sections, complete: a. for doors and lights b. for intercom C. for two -way comm. verification All located on 6' stainless steel desk, wood grain top, above in control room. Fire alarm panel: "Fire- Lite ", sensiscan model 1000 in control room GENERAC engine monitor - control room Sally port gate opener - control room 10 light & T.V. switch Elec box - control room FIXTURES:Air conditioner - (1) Heating equipment furnaces (2) 2 - 100 gal. hot water heaters, Bradford -White 1 - mop sink 7 - steel tables Recorded at i ce ° o'clock — Reception No BILL OF SALE KNONG ALL NIEN BY THESE PRESENTS, That of the County of , in the .State of Colorado, (Seller). for and in consideration of Dollars. to him in hand paid- at or before the cnscaling or delivery of these presents by Recorder. of the County of , in the State of Colorado. (Buyer), the receipt of which is hereby acknowledged, has bargained and sold, anti by these presents does grant and convey unto the said Buver, his personal representatives, successors and assigns, the following property, goods and chattels, to wit. located at TO HAVE AND TO HOLD the same unto the said Buyer. his personal representatives, successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, his personal representatives, successors and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, against all and every person or persons whomever. When used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Seller has executed this Bill of Sale this day of 19 STATE OF COLORADO. County of I ss. The foregoing instrument was acknowledged bete— ,nc this My commission expires Witness my hand and Official seal day of No.35A.Rev.9 -83, Bn.LOFSALE Bradford EObli,hing.5x ?5 \V.51h Ave..Lakeuood.0080'_I4- 13031'_33 -6900 ,19 EXHIBIT B i t � ) STATE OF COLORADO ' ` INSTRUCTIONS UNIFORM COMMERCIAL CODE — FINANCING STATEMENT - COLORADO U.C.C. -I (Rev. 1 -78) 1. PLEASE TYPE this form. Do not write in Box 3. 2. If collateral is CROPS, stare in Box 4, "The above described Imps are growing or are to be grown on: (Describe Real Estate concerned)." 3. If eollateml is or will become FIXTURES, or is TIMBER TO BE CUT, or is MINERALS OR OTHER SUBSTANCES OF VALUE WHICH MAY BE EXTRACTED FROM THE EAR OR ACCOUNTS RESULTING FROM THE SALE THEREOF AT THE WELLHEAD OR MINEHEAD, CHECK Qx "This Financing Statement is to be filed for record in the Real Est records;' in Box 4 and state if applicable.'The above goods are, or are to become. fixtures on (describe real cstatcl.- or where appropriate, substitute either, "The above timber is standing (desenbe real e$(ate); • on "The above minerals orothersubstances of value which may be extracted from the earth or accounts resulting from the sale themuf at the wellhead or minchead of well or mine located on (describe real estate). - Descnbe real estate concemed sufficient as if it wem comamed in a mortgage of the real estate to give constructive notice of the mortgage ant the law of this State. If the debtor does not have an interest of record in the malty give the name of a record owner of the real estate concerned in Box 4. 4. If the space provided for any item on the form is inadequate. the item should be continued on additional sheets, that am 8Vxl1. Please do not $topic or tape additional sheets directly on this form. 5. Remove Secured Parry and Debtor copies, and send 3 copies with interleaved carbon paper still intact to the filing officer. 6. At the time of original filing, the filing officer will return third copy as an acknowledgment. If acknowledgment copy is to be returned to other than the Secured Party, please enclose a x addressed envelope. IMPORTANT— Read instrnrtinoe hrfnrn This FINANCING STATEMENT is presented for filing pursuant to the Uniform Commercial Code. Name and Mailino amM�. .. . _ 4. This Financing Statement covers the following types (or items) of prop, (WARNING: If collateral is cmps. fixtures, timber, or minerals or other accounts resulting from the sale thereof, mad instructions above.) Check only if applicable ❑ This Statement is to be filed for record in the real estate records. ❑ Products of collateral am also covered. This statement is s (Please check appropriate box) to be extracted or out form a. r r hung Officer (Date, Time, Number and Filing Office) ad by the Secured Party instead of the Debtor to perfect a security interest in collateral ❑ already subject to a security interest in another jurisdiction when it was brought into this state, or when the debtor's location was changed to this state; ❑ which is proceeds of the original collateral described above in which a security interest was perfected; ❑ as to which the filing has lapsed; or ❑ acquired after a change of name, identity or corporate stroctum of the debtor. Check only if applicable. ❑ The Debtor is a transmitting utility. Use whichever signature line is Signatum(s) of Debtor(,) Form approved by the Secretary of State and the County Clerks and Recorders Association Signature(s) of Secured Pariyucs) EXHIBIT C COLORADO FORM U.C.C. I (REV, I