HomeMy WebLinkAboutR86-040 sale of modular detention facilityCommissioner �-O' // ,ri1� moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 86 -4
RESOLUTION AUTHORIZING THE SALE OF THE MODULAR DETENTION FACILITY
LOCATED AT EAGLE, COLORADO
WHEREAS, on April 28, 1986, the Board of County Commission-
ers of the County of Eagle, State of Colorado (hereinafter the
"Board ") , entered into a Contract of Purchase with Lyle F. Wall
for the sale of the Eagle County modular jail facility presently
located adjacent to the west side of the Eagle County Courthouse,
Eagle, Colorado (hereinafter the "modular jail "), said Contract
of Purchase attached hereto as Exhibit A and made a part hereof
by this reference; and
WHEREAS, said Contract of Purchase requires the Board, as
Seller, to deliver to closing a resolution authorizing the sale
to Lyle F. Wall of the modular jail according to the terms set
forth therein; and
WHEREAS, pursuant to §§ 30 -11 -101, et seq., the Board is
empowered to make such orders with respect to the disposition of
property as it deems to be in the best interest of the County of
Eagle and its inhabitants.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board hereby authorizes the sale of the modular
jail to Lyle F. Wall in accordance with the terms of that certain
Contract of Purchase attached hereto as Exhibit A. Donald H.
Welch, in his capacity as Chairman of the Board, is hereby
authorized to execute a Bill of Sale and such other documents as
may reasonably be necessary to complete the transaction conveying
that personal property described in the Contract of Purchase
attached hereto, and to act as the Board's representative at
closing.
THAT, the Chairman of the Board is further empowered to act
on behalf of the County of Eagle, State of Colorado, with regard
to any and all other actions which may be required at closing of
said Contract of Purchase and the execution of any documents that
are reasonably contemplated or necessary to accomplish the
purposes of said Contract. The County of Eagle does hereby
ratify and confirm all that the Chairman of the Board shall
lawfully do or cause to be done by virtue hereof.
sioners
meeting
MOVED, READ AND ADOPTED by the Board of County Commis -
of the County of Eagle, State of Colorado, at its regular
held the L, -day of -7)/q t 1986.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By:
Donald H. Welch, Chairman
#L3S -e/�dT
Richard L. Gustafson, Commissioner
Commissioner (�j-P-1 C- /' seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner Donald H. Welch I Commissioner Richard Richard L. Gustafson A/�
Commissioner John Francis Loughran /,,e,,
This Resolution passed by R %� o vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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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 1/4% 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
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
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to the modular jail. Purchaser may show the modular jail to
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
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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
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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.
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M
J
uw �
k to the Board o
ty Commissioners
PURCHASER:
yl 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 COMMIS.5.Z.QNERS
By: \A\i�
Donald `H. Welth, Chairman
Address: P.O. Box 850
Eagle, CO 81631
Telephone:(303) 328 -7311
Date: `111;11T,6
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EXHIBIT A
Control panel for outdoor, jail and sally port:
Booking room
RCA video monitors
COL -LEC gate opener
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 IMP - 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
loose bunks
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 do 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 m — o'clock M..
Rttcpunn No _ Rccurkr.
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BILL OF SALE
KV01F ALI. 1II•:A Bl''f{iGSE PRGSi3N'I'S, 11tat
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 enscaling or delivey
of these presents by
of the
County of in the State of Colorado.
(Buyer), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant and convey unto
the said Buyer. his personal representatives, successors and assigns, the following property, goods and chattels, to wig
located at
TO HAVE AND TO HOLD the same unto the said Buyer. his personal representatives, successors and assigns, forever. The
said Sellercovenants 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 singul.u, 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,
ss.
County of
The foregoing instrument was acknowledged before me this day of , 19
My commission expires
Witness my hand and Official seal.
Ad, -,,
No. 35A. Reg. M3. BILL OF SALE aradrurd Puhli+hing.$XI5 W. fish Ave- Lakewood. Co 40'_14 -0031233-4900
i
EXHIBIT B
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EXHIBIT B
` STATE OF COLORADO
INSTRUCTIONS UNIFORM COMMERCIAL CODE — FINANCING STATEMENT - COLORADO U.C.C. -1 (Rev. 1 -78)
-
I. PLEASE TYPE this form. Do not write in Box 3.
2. If collateral is CROPS, stale in Box 4, "The above described crops am growing or are to be grown on: (Describe Real Estate concerned)."
3. If collateral 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 EARTH
OR ACCOUNTS RESULTING FROM THE SALE THEREOF AT THE WELLHEAD OR MINEHEAD. CHECK O'This Financing Statement is to be filed for record in the Real Estate
records;' in Box 4 and state if applicable. "The above goods am, or arc to become, fixtures on (describe real estate).,, or when appropriate. substitute millet, "The above timber is standing on
(descri be real estate);' oe'The above minerals ormher substances of value which may be extracted from the earth or accounts msuhing fmm the safe themot at the wellhead or minchezd of the
well or mine located on (describe real esmm).- Describe real estate concerned sufficient as if it wort contained in a mortgage of the real estate to give conswctive notice of the mongxge under
the law of this State. If the debar does not have an interest of record in the realty, give the name of a record owner of the mal 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 8NxII.
Please do not staple or tape additional sheets directly on this form.
5. Remove Secured Party 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. Ifacknowledgm<m copy is to be returned to other than the Secured Party, please enclose a self.
addressed envelope.
IMPORTANT —Read instructions before
This FINANCING STATEMENT is presented for filing pursuant to the Uniform Commercial Code.
Mailing
2. Secured Party(ics) Name and Address:
I ms rmancmg Statement covers the following types (or items) of property:
(WARNING: if collateral is craps. fixtures, timber or minerals or other substances to be extracted or
accounts resulting from the sale thereof, mad instructions above.)
Check only if applicable
❑ This Statement is to be filed for record in the mat estate records.
❑ Products of collateral am also coveted.
his statement is:
(Please check
appropriate box)
out form
3. For Filing Officer (Dare, Time, Number and
Fling Office)
:d 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 she original collateral described above in which a security interest was perfected;
❑ as to which the filing has lapsed: w
❑ acquimd after a change of name, identity of corporate structure of the debtor.
Check only if applicable: ❑ The Debtor is a transmitting utility
Use whichever signature line is
5ignamm(s) of Debror(s) Signatum(s) of Secured Pxny(ies)
Forth approved by the Secretary of State and
the CaamV Clerk, and R—,..n... e...... -...._ t , i :=.._.: ; i ^.'.... - t ':v nvr r r n I n COLORADO FORM I CC. I (RFV 1.7341
