Loading...
HomeMy WebLinkAbout2005 Ordinance No. 045• • • ORD INANCE NO . ~ SERIES OF 2005 BY AUTHOR ITY COUNCIL BILL NO . 42 I TRODUCED BY COUNC IL MEMBER BRADS HAW AN ORIJI NANC:E AUTHORJZING THE PURC HASE OF 2394 WEST WESLEY A VENUE BY THE CIT Y OF ENGLEWOO D, COLORADO . WHEREAS, the Cit y Council of the City of Engl ewood , Co lorado authori zed an in tergove rnm ent al agreemen t with Arapahoe Com munit y Co lle ge/ Arapa hoe /Dougla s Ca reer an d Tec hni cal School (ACTS ) to bui ld a sin gle -fa mil y residence ; and WHEREAS, the ow ners of 2394 Wes t We sley Avenue wi sh to se ll the property to th e Ci ty; and WHEREAS, th e purchase of the res idential property loca ted at 2394 Wes t Wesley A ven ue will be th e future building site fo r ACTS ; an d WHEREAS, a vari ety of publ ic obj ec ti ves can be accomp li sh ed with the development of th is property such as: I) Introdu ci ng home designs with a more att ractive rel atio nship with the stree t; 2) De velop ing des irable fl oor plan s; 3) In creasing th e inventory of affo rd ab le new hou si ng fo r home owners hip ; 4) "Raising the bar" with better qua lity housi ng, hopefully pushin g the private de ve lopm ent commu nity towards hi gher standards in th e neighborh ood; and WHEREAS , by the passage of thi s proposed Ordinance th e Englewood City Cou nci l will auth orize the purchase of 2394 Wes t Wesley Avenue and the Eng lewood Comm un ity Deve lopme nt Dep artm en t will act in the ro ll of the developer prov iding cons tru ction funds fr om the Ho usi ng Rehabilitation Fund (Fund 46); and WHEREAS, a site contracto r wi ll be hired to coordi nate the day-to -day bu il ding activities with ACTS ; and WHEREAS, developing th e subject residential propert y wi ll require subdividing th e land; and WHEREAS, the combined propert y co uld ultimatel y be developed wi th up to fo ur dwellings; and WHEREAS, the house wi ll be sol d after complc 1ion and th e proceeds will be return ed to the Hou sing Rehabilitation Fund ; NOW, HI ' ORE, BE IT ORD INED BY THE CITY COUNC IL OF THE CITY OF ENG -,vOOD, COLORADO , AS FOLLOWS : ~IJQI!.). The Ci ty Co un ci l of the City of Englewood , Colorado hereby authorizes the purcha se of the 2394 We st We sley Aven ue for an amo unt not to exceed Two Hundr ed and Twe nty Five Thousand Dolla rs ($225 ,000) . -1- 9 b ii ..s.wiwl.J , The Mayor and th e Cit y Clerk arc hereby allth orizcd 10 sign and att es t a con trac t for th e purchase of 2394 West Wesley Avc nu i, on be half of th e Cit y of Englewood, Colorado . Introd uced, read in full, and passed on first rea ding on the 3rd day of October, 2005 . Publi shed as a Bill for an Ordin ance on the 5th day of October, 2005 . Read by title and passed on final readin g on th e 17'' day of October, 2005. Publi shed by title as Ordinance No.4!., Series of 2005 , on th e 21s t day of October, 2005 . I, Lou crishia A. Ellis , City Clerk of th e City of Englewood , Co lorado, hereby ce rtify that the above and foregoing is a true copy of the Ordinance passed on fin al reading and published by title as Ordinance No. ':1£ Seri es of 2 . -2- • • • COUNCIL COMMUNICATION Dale: O c 1o ber 3, 2005 lnilialed By : I Ager,da Item: 9 a iv Comm unit y Deve iopm enl I Subjecl: Purchase of 2394 W eSI W es ley Ave nue I Slaff Source : Janet G rim mett , H oL·s in g Fin an ce Speci alis t COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Coun ci l has pa sse d various ordin ances auth ori zin g int ergo ve rnm ent al ag ree ment s with Arapa hoe Communily Coll ege Arapahoe/D ou glas Car ee r and Tec hni cal Sch ool (ACTS) l o b uil d sin gle-fa mily res id ences durin g lhe sc hool yea r al differenl si tes in lhe Ci ly. RECOMMENDED ACTION Approve a Bill fo r an Ordina nce auth o ri zin g lhe purchase of a residenlial ~rop erly located at 2394 W esl W es ley Ave nu e to b e subdivi ded and use d as fulure buildin g si l es fo r lhe ACTS parln ers hip. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Th e Cily of Eng lewood fi rst becam e involved with th e Arapah oe Co mmunity Coll ege A CTS during 1985 . Th e las t h ou se b u ilt by the stud ents was compl eted in M ay, 2005 at 2377 W es l W es ley Ave nu e. Th e ACTS p rogram serves A rapaho e Community Coll ege and fi ve sc hool di stri c ts in cl uding Englewood. Eve ry stud ent is ex p ose d to all of th e build ing tr ades (i.e. fr am in g, dryw all , maso nry, elec tri cal, pl umbing, H VAC, etc.). City staff w ill ac t in th e ro ll of th e deve loper p roviding co nstru cti on fund s fr om th e H ousing Rehabilitation Fun d (Fund 46). A si te contrac l or w ill be hi red l o coordin ate th e day-to-day building acli vilies w ith 1h e ACTS inst ruct or an d stud ent s. Th e h ouse w ill b e so ld afl er compl eti on of th e p roj ec l and th e proceeds rel urn ed to Fu nd 46 . Pro ceeds 10 pu rc hase th e sit e w ill b e provid ed fr om th e H ousi ng Re habi lit ati o n Fund and its ass ets. Staff negoliated th e p urchas e o f th e subj ect pro pert y fo r fair mark el value. FINANCIAL IM PACT Th e exisl ing em pl oyee s in Community D eve lopm ent are avail abl e to adminis ter th e proj ec l and th eir sa lari es and b enefits are p art of th e City's contributio n. Fund s to purc hase lhe properly are avail able thr ough th e H o usin g Rehabi litatio n Fun d and it s ass ets . LIST OF ATTACHMENTS Map of N eighborhood Contrac: l o Bu y and Sell Real Es tate Len er fr om Ca ro l O 'Bri en, ACTS Direc tor Bill for an Ordinan ce • • • ... ... o,j ... ' _,,.._ ... 1 2 Zl1"' ,. ,, l f:@l.1 ,, I I I ! I I "' I ., I ·a WL:S T VASSAR AVE. -'\ ,,: "Fw" ,,, I I I I ! I ! Prepared by Bev Everhart, B roker-Owner MRE,CRS,CRB,GRI page 1 TH IS FORM HAS IMPORTANT LEGAL CONSEQUENCES • Bev Everhart Realty , Inc . AND THE PARTIES SHOULD CONSULT LE GAL AND TAX OR OTHER COU NSEL BEFORE SIGNING . 6025 S . Quebec Street. Suite 100 • CONTRACT TO BUY AND SELL Centennial , Colorado 80111-4548 REAL EST ATE (303) 798-2222 (303) 794-2821 Fax (RESIDENTIAL) ® ~. ® llldtJ!.rnt=\=~I•• Date: WFUNESDAY, SEPTEMBER 21, 2005 Purchai:e Price: $225,000.00 1. AGR~~MENT, Buyer agrees to buy , and lhe undersigned Seller agrees lo sell , the Property defined below on the terms and conditions set forth in this c!Ylttact. 2. DEFINED T~RMS, a, ~ Buye r, HOUSING REHABILITATION FUND , will take title to the real property describl!!d below as D Joi nt Tenants D Ten ;rnts In Common O other b. ~ The Property is lhe following l~alty des cribed real estate: Lots 1 & 2 of Block 2 SOUTHLAWN GARDENS ANNEX in lheCountyof ARAPAHOE , Colorado. commonly knONn as No. 2394 W. Wesley Avenue Englewood COLORADO 80110 Slteet Address Clly s1a1e Zi p • togeth er with the interests , easements, rights , benefits. improvements and attached fixtures appurtenanl thereto , all Interest at SeUer In vacated streets and alleys adjacen1 thereto. except as herein excluded . .. Qates and Deadlines • Item No, Reference Event Date or Ondllne 1 § 5a Loan Application Dead 6ne NOT APPLICABLE 2 § 5b Loan Commitment Deadline NOT APPLICABLE 3 § Sc Bu yer's Credtt Information Deadl in e NOT APPLICABLE - 4 § Sc Disapproval of Buyer's Credtt Deadlin:! NOT APPLICABLE ., ' 5 § Sd Existin g loan Documents De adline NOT APPLICABLE 6 § 5d Objection to Exi sting Loan Documents Deadline NOT APPLICABLE 7 § Sd Approval of Loan Transfer Deadline NOT APPLICABLE 8 § 6a (4) Appra isal Dead line TUESDAY, NOVEMBER 1, 2005 9 § i a I Title Dead line FRIDAY, SEPTEMBER 30, 2005 -10 § 7c Survey Deadl ine NOT APPLICABLE 11 § Be Survey Ob jectio n Deadliie NOT APPLICABLE 12 § 7b Document Request Deadline NOT APPLICABLE 13 § 7d(2) Govern ing Documents Objectio n De adline NOT APPLICABLE & § ea an d Title Objection Dead line 14 § Sb Off-Record Matters Deadline NOT APPLICABLE 15 § Sb Off-Record Matters Objection Dead ~ne NOT APPLICABLE 16 § 81 Right Of First Refu sal Deadline NOT APPLICABLE 17 § 10 Seller's Property Disclosure Deadline NOT APPLICABLE 18 § 10w Inspect io n Obje ctio n Dead~ne NOT APPLICABLE • The printed portions ol lhis form, excepl d/f'fe,-,,tJartd additions , haw been approved by lhe Colorado Real Estate Commis sion , (C BS1-7-04) Buye,'~lnitials :~-Stllet's lnit lals : __ oos• os2s.13340005 Elev Everhart Realty, Inc. 3.17 PM 912112 005 PDF created with pdfFactory Pro trial version www.pdffactory .com Prepared by Bev Ev erhart, Broker-Owner MRE,CRS,CRB ,G RI page 2 19 § 10b Resolulion Dead line NOT APPLICABLE 20 § 10c Property Insurance Objection Dea dline I NOT APPLICABLE 21 § 11 Closlna Date I TUESDAY, NOVEMBER 15, 2005 • 22 § 16 Possession Date , TUESDA Y, NOVEMBER 15, 2005 23 § 16 Possession Time I AFTER CLOSING 24 § 27 Ac ce ptance De adline Date I THURSDAY, SEPTEMBER 29, 2005 - 25 § 27 A cce ptance Dea dline Time I NOON I I ·-I d. Atta chments . The following are a 1,1an of this contract: CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT Note. The l0H o,v1ng disclosure fom,s are attached but are not a parl of this contract NONE .. A11eli cablll!Y: of Tenns . A check or similar maik in a box means that such provis ion is applicable. The abbreviaUon "NIA· means not applicable. The abbr&\liatlon "ME C" (mutual execution of this contra cl) means the lates t dale upon wh ich both parties have signed this cont ract. J . INCLUSION S AN D EXCLUSIONS . The Purchase Price includes the following items (Inclusions): .. fixtures If attached to the Property a, the date of this contsact , lighting , heating , plumbing , ventilating, and air conditioning fixtures, TV antennas , Insid e telephone wiring and connecting blocks/j acks , plants . mirrors , flOO( cowrings, Intercom system s, bu ill•ln • kitehen app Qances . sprinkler systems and contrOls , bu ilt•in vacuum sys lems (in cluding accessories). garage dOO( openers Includi ng remote controls : and -- -• NONE OTHER ·· b. ~ ~ The following attached fixtures are excluded from th1s sale: ____.J NONE ,. Pors o nal Pr!;rne~. If on the Property whether at1aehed or nol on the date ol this con1tact · storm windo.Ys , SIOfm doors, window ana porch shades awnings , blind s, screens , window coverings . cur1a in rods , drapery rods . fireplace lnse,a, fireplace sc,eens , fireplace grates , he ating sto...es . storage sheds . and all keys . If checked , the fellowing are included . O waterSofter.ers 0 Smoke/Fire Detoctors O socu rlty Systems D Satellite Systems (in cluding sateUite d1,hes ) and • -NONE OTHER· - d. Transfer 2 f Personal Proee~ The Personal Property lo be conveyed at Closing shall be conveyed , by Set!er , lree and clear ol all laxes (excepl personal pr operty taxes for the year ol closing). liens ani1 encumbrances . excepl I Conveyance sh all be by bill of ule or other applicable legal instrument. ,. Parking and St2rage Faclllties, OMITT ED AS INAP PLICABLE The 0r1nted potllons of this form , l!xcepl a1,re,onrl1tod additions . have been appro \led by lhe Col_giado Real Estate Commiss ion. (C BS1•7-04) • Buyer's Init ials:~. Sener's initfals : --005' 0526413340005 Bev Everhart Realty , lr.c. 3.17 PM 912112005 PDF created with pd fF actory Pro trial version www .pdffa ct ory .com Prepared by Bev Everhart, Broker-Ow ner MRE ,CRS,CRB,GR I page 3 t. Water R!.9.!:!.!!.: The fOllow1ng legally des cn bed water nghts : As may ox/st Any waler nghts shall becon'Jltyed by ~g _en_o_ro_l _w_arr_•_n~ty~-------------------deed or Ol her applicable legal instrument. PURCHASE PRI CE AND TERMS The Purchase Pnce set for,h below shal be payable In U S Dollars by Buye, as follows · Item I Am ount No. Refere nce Item Amount \ §4 Pu rchase Pnce s S225,000 .00 ~~ 2 § •• Earnest Mone y fal SS ,000.00 3 §◄b(I) :"Jew First Loan 4 §4b(2) Ne,,y Second Loan 5 § 4c Assump tion Balance 1////2 ~$ 6 § 4d Se ller or Fnvate Financing 7 $ -8 9 § •• Cash at Cl~sing $ $220,000.00 10 Total s S225,000.00 $ $225,000.00 Note : Ir lh e.e is an Inconsistency between the Purchase Price on the fir:.t page and this§◄, lhe amount In§ 4 shall control . a. Earnest Money. The Eames! Money set torttl in th is section , In the form of BUSINESS CHECK . Is par1 payment of lhe Purchase Pnce and shall be payable to and held by .c.L•c..n'-'d--'T-"11'-'le--'G-'u"-a-'ra--'n"te-'-e-"C"-om-'p'-'a"-n,_y ___ ,....._,..... __ (Earnest Money Hold!tr ), in its trust account. on behalf of both Seller and Bllye,. The Earnest Monoy doposi1 shall be tende1ed with this contract unless the parties mutua.ty agree and sel forth a different deadline In writing r°' its paymin:. The parties authorize deli'.oery of the Eames! Money deposit to the dosing company, if any, at or before Closi ng . In lhe e-vent Earnest Mon lY Holder has agreed 10 have interest on eamest money deposits translerred 10 a fund established for the purpose of proo.-iding affordab le r >using to Colorado residents , Seller and Buyer ackna.Yledge and agree that any Interest accru ing on the Earnest Mooey depos ited with the Earnest Money Holder in th is trans action shall be transferred to such fund . b. Newloa n. --,I (1) Ntw Fli:,t Loan OMITTED AS INAPf'LICABLE (2) Now Sec ond Loan OMrrTE O AS 1NAPPLICABLE C. Ass umptio n. OM ITTED AS INAPPLICABLE d. Seller or Private Fina ncing. OMITTEO AS INAPPLICABLE • Tt,e printed por1ions ol !his form , eKcept differentllt&d add l!Jons . have been appr0'o1!d B ev Everhart Realty , Inc. Buyer's m11Ja1s : 3.17 PM the Cokltado Real Eslate Commisslon (C BSl -7-Q.i) Seltr-, t .,,:uals 005 4 0526413340005 912 112005 ,._, Contrat:11 C111'i>l ioe,.ouinc: l«l0,7iS-17511 PDF created with pdfFacto ry Pro trial version www .pdffa ct ory .com Pre pared by Bev Evorhart, Broker-Owner MRE ,CRS ,CRB ,GRI pag e 4 t, Cash at Clo1lng 1 All amounts paid by Buyer at Closlng lncludlng Cash at Closing , plus Buyer's clos ing costs . • shall be In funds which comply with ail appl lcable ColOfado laws . which indude cash , el&c lronlc trans fur funds , certified cheek . savings and lo.an teller's check and cashier's check (G ood F'l.nds). 5. FINANCING CONDITIONS AND OBLIGATIONS . a. Loa n Appllcatlq n. OM ITTE D AS INAPPLICABLE b. Loa n Co mm ltrotnL OMITTED AS INAPPLICABLE c. Credit lnronnatJon . OMITTED AS INAPPLI CABLE '"J an Review OMITTED AS INAPPLICABL E 6. APPRAISAL PROVISIONS. a. Appra lsal Cgndltlon. 0 (1) .No App raisa l Condltlgn. This &ubHcilon a. shall nO( apply. D (2) ~ II Is expressly agreed that notwilhslandiof ·1 y other pro',1slons ~ th l~. conl/act, lhe Purchaser (Bu}'91') shall noc be obligated to complete the purchase of the Property described nerein or to lncut any pt.inally b} forfeiture ol Earnes t Money deposits or ocher'wise unless the Purchaser (Bll)'el') has been given In accOl'donce with HUO/FHA or VA recuiremonts a written statem "!nt by the Federal Housing Commiss ioner, Veterans Administration . or a Direct End orsement lender sett ing forth lhe appraised val ue ol me Property of not less than _________ • The Purchaser {Buyer) shan haw the privilege~ option of proceed ing with cons ummation of the contract withoul regard to the amount of the appraised va luailon. The appraise<. valullion is a-rived at to determ ine the maximum mor1gage the Department of Hous ing and Urban Development wia Insure. HUD does not warrant the value nor the condition of the Propeny. The Purchaser (Buyer) should satisfy himself /herself thal the price and condition of the Property are acceptable. 0 (3) VA. If Buyer is to pay the Purchase Price by obtaining a new VA.g uaranteed loan , JI Is agreed lhat notwithstand ing any othef prCMslons of lhls contrad , Buyer shall not lnclK any penalty by forfeiture of Eames! Money or otherwise be oblig ated to comp lete lhe purchase of thtt Propert1 described herein . if the contracl Purchase Price or cost exceeds the reasonable value of the Property estab~shed by the Veterans Adm inistrati on. Buyer shaU , hCMe"1tf. haw the privilege and option of proceed ing W1lh the consummation of I his contract ,out regard to the amount of the reas onable value establ ished by the Veterans Adm inistrat ion. GJ (4) Q.!.h£L Eluyer shall ha11e the sole option and election to termina!e this contraci if lhe Purchase Price exceeds the Property's valuation determined by an appraiser engaged by =B"'U-'-Y=ER"----------------- The contract shall terminate by Buyer giving Seller written nol:ice of termination and either a copy of such appraisal or written notice !tom lender lhal confirrr:s tl'le Property's valuation Is les s than lhe Purchase Price, received on or before Appralsal Doadllna (§ 2c). If Seller does not receive sueh '-'Otten llOtice of termination on or before Appralul Deadllna (§ 2c), BuYff waiw:s any right to terminate under this subsection. • The printed portlol,. of this form , except dl"•rant/af~ additions . have been app<0ved bY.,the Col.9tado Re al Est ate Comm ission. (C BS l -7-04) • Bev Everhart Realty, Inc. Bu~\i;lt~:-¥gdf,20os Selle(s lniji!,eonnc11 c ,993~!:.:.1:!~:m, PDF-cr eate d with pdfFactory Pro trial version www .pdffactory .com Pre pa red by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI b. Co st of Appraisa l. 0 Buyer D Seller. 7. EVIDENCE OF TITLE Cos! or any appraisal to be oblai;,ed after the date of th is cont rac t shall be Umely p;ud by pa ge 5 a. Evid ence of Title. Ono, before Title Oeadllno (§ 2c), SeUer shaU cause to be furnlshoo to Buy~r . at Seller's expense, a curren t commi tm en t for owner's !Ille Insurance policy (Title Commitm en t) In an amoont eciual to the Purchase Price or 11 this box is chec ked , D An Ab stract of title certified to a current date. A1 Seller's expense , Seller shall cause the lllle in surance policy lo be issued and deliwred ~:',:~;:;s10~~~=r~~:1a::;~ ·-·d;:;~~~~~r:~:commitmentisfumished,il D Shall O Sha ll Not (1) parties in possession , (2) unreCOJded eas ements, (3) surveyma1ter1 . (41 any u,~ec0fded mechanic's liens, (5) gap period {eH'ecti Wt date ol commitmen l to date deed is recorded), and (6) unpaio taxes, assoss menls and unred eemed tax sales priOf to the year ol Closlng . Any additional premium expense to obta in this add itlonal cowrage shall be paid by Seller. b . Coples of Exceptions. On Of be fore Title Deadline (§ 2c). Seller , at Sel le r's expense. shall fur nis h 10 Buyer and ~•g~e_n~t ___________________ , (1) a copy ol any plats . declarations . coven ants , conditions and restrictions burdoolng the Pr oper'y, and (2) if a Utle Ins urance commi1 men1 Is required lo be furn ished , and ii this box Is checked 0 Co ples of any Oth11r Documents (or, Jf lllegibl,., sum maries of such documents ) listed In lhe schedu le of eKceplions (EKceptlons). EYel'l if the b<»c ls not checked, Seller shall have the ob ligation to furnish lhese document5 pursuant lo this subs ection if requested by Buyer any lfme on Of before Docume nt Requnt Deadllne (§ 2c). Tt,is requirement shall pertain only to documents as shown of ,ecord in the otiiees ol the clent and recorder. The abstract Of title Insurance commllment , tog ether with any copies Of summaries of such docu ments furn ished pursuant to this section , conslilule the title docum~ls (Title Docu ments). c. Survey. On Of before Survey Deadlln. (§ 2c) 0 Seller D Buy er [!J NIA sh all cause Buyer and lhe issuer of the Title Commitment or the provider of the opinion ol title if an abslr3ct , to recoiw a cur renl D lmprove mont Survey Pla t D lmprovemt nt Location Certificate 0 (the description checked Is km.,wn as Surwy). An amoun t not to exceed S NIA lor Survey shall be paid by D Buyer D Seller. @ NIA lf the cos t exceeds this amount. Buyer shall pay the excess on or before Closing unless Buyer deliwts to Seller before Survey Is ordeced , Buyer's wri1 1en notice anowiog the eKCeption for suMy mailers . d. Co mm on tntor■l'll Com munity Go ve rn lna Oocurotnt n OMITTED AS INAPPLI CAB LE 8. TITLE AND SU RVEY REV IEW. a. ~ Buyer shall haw tt.a ,i ght lo 1nspec1 U,e Tille Documents . Wrinen notice by Buyer of unmerchantabllity ol litl e, fam or content of TIiie Commitment or of any other unsalls lactOfY title condition shown by the Tltle Doc uments , notwithstand ing § 12, sh011 be signed by or on behalf of Bu}'9( and 91~ to Seller on or be fore Title Objection Deadllne (§ 2c). or wilhin rrve (5) calendar days after recei pl by Buyer of any chang e to the Title Documents or endors ement lo the Title Commitmen t 1ogether with a copy of lh e document add ing any new EKCept ion to title. ti Seller does not receive Buyer's notice by the date spec ified above . Buyer ac ceots the cond ition of title as disclosed by the Title Documents as salislactory. b. Matters not $hgwn by {he PubllC Records. Seller sh all deliwr to Buyer , on or before Off-Record Matters Dt1dllne (§ 2c) 1rue copies ol all leases and surveys In Seller's possess ion per1am lng to the Property and shal l disclose 10 Buyef all easements. tlens (inchJC!ng , withoUI limitation, g~rnmenlal imp rOYements approved , but not yet installed) or other trUe matters (i nclud ing . without lim itation , nghts of first refusal, and options) not shown by the public records of which Seller has actu al knowledge. Buyer shaU haw the rig ht to lnspec! the Property lo determ ine ii any third party has any right In lhe Pr operly not shown b, le public ,ecords (such as an unrecorded easement. unrecorded lease . or boundary line discrepancy). Written notice ol any unsaUs l aclor1 m dilion disclosed by Seller or revea1eo by such In spection, notwithstand ing§ 12. shall be signed by or on behal r of Buyer and given to Seller on or belore Off-Record Matte rs Objection Oeadlln o (§ 2c). If Seller does not ,ecei w Buyer's notice by said date, Buyer accepts title subject to such ngh ts . ii any, ol lhird parties ol which Buyer has actual knowledge. c. Survey Review Buyer shall have the rig ht to inspect Survey. If wri"en notice by or on behalf of Buyer of any unsatl sfacl e) dilion show n by Survey, notwithstand ing§ Bb or § 12, is recelwd by Sellor on or before Survty Objoctlon De ■dllne (§ 2c) then such objec tion shall be deemed an unsatis fa ctory title condition . If Setler does not receiw Buyer's notice by Survey Objecllon Dead tint (§ 2cJ. Buyer accepts Su My as satisfactory . • The printed portions ol th is form , eKCepl differentiated add itions , haw been ap proved Bev Everhart Rea lty, Inc . Bu ye(s ln~lals : 3:17 PM the Colorado Real Eslale Commission . (C BS 1-7-04) Seller's imliats 0054 0526'413340005 912 1/2005 PDF created with pdfFactory Pro trial version www .pdffactory .com Prepared by Bev Ev erh art, Broke r-Owner MRE ,CRS,CR B,GRI page 6 d, Specia l Taxi ng Dis tric ts . SPECIAL TA XIN G DISTRI CTS MA Y BE SUBJECT TO GENERAL OBLIGATIO N IND EBTEDNESS THAT IS PAID B Y REVE NUES PRODU CED FROM ANNUAL TAX ,VIES ON THE TAXABLE PROPE RTY WIT HIN SUCH OI STR IC",'S. PROPERTY OWNER S IN SUCH DISTRICTS MAY BE PLACED AT RI SK FOR IN CR EA SED MILL L EV IE S AND EXCESS IVE TA X BU RD ENS TO SUPP ORT THE SEPVICING OF SUCH DEBT WHERE CI RCUMS TAN CES ARISE RESULTING IN THE INA BILITY OF SUCH A DISTRICT TO DIS CHARGE SUC H INDEBTEDN ESS WITHOU T SUCH A N IN CREAS E IN MILL L EVIE S. BU YER SHOULD INVEST IGATE THE DEB T FINAN CING REQUIREMENTS OF THE AUTH OR IZED GENER AL OBLIGATION IND EBTEDNESS OF SUCH DISTRICTS , EX ISTING MILL LEVIES OF SUCH DISTRICT SERVI C•tJG SUCH INDEBTEDNESS, ANO THE POT ENTIAL FOR AN IN CREA SE IN SUCH MILL LE VIES . In the eve nl tne Property Is IOcated wllh1n a special !axing cl 1stnc! and Buyer deslr<.s lo terminate th is contracl as a resull. if wnnen notice Is received by Sellef on or be l0<e Qtf.Rocord Mattors Obj ection Deadllno (§ 2c), trus contracl snail !hen terminate If Seller does nol recetve Buyer's no11ce by such date , Bu~er accepts the effec t of the Property's inclusion In such specrnl taxing dis lrici and waives lhe right to termina1e . •· R ig ht to Obje ct Cure . Buyer's ri ghl to obJec t shall inclwe. but not be limited 10 those maners listed in§ l c· II Seller receives notice ol un merchan1ab1l11y of title or any othar unsatlsfaclory lllle condition or commitment lerm s as prollided in subsections 8 a, b, c and d above , Seller shal l use reasonable effor1s lo correct said items and bear any nominal expense to correct the same prior to Clos Ing . If such unsatisfactory IIUe cono il1on is nc.,I correcled to Buyer's salisfact!on on or before Closing , this con1rac1 shall then 1ermtna!e: pro\,ded. however , Buyer may , by written notice received by Seller on or before Clos ing , waive objec!Jon to such items. f. R ight o f F irst Refu sal o r A ppr oval. OMITTED AS INAPPLIC ABL E g. T i tle Advis ory. The TIiie Documents affect lhe litte, ownership and use al the Properly and should be 1eviewed carefully. Additlonally , oth er mau ers not rellecled in the Title Documents may affecl the title, ownership and use of the Property , induding w1thoo t Umit ation bounda:y li nes and encroachments , area . zoning , unrecorded easemen ts and clai ms of eas ements . te ases and other unrecorded agreements . and vanous laws and government al regu lations concern ing land use . developmenl and environmenlal matters . THE SURFACE ES TATE MAY BE OWNED SEP ARATELY FROM THE UNDERL YIN G MINERAL ESTATE , ANO TRANSFS:-~ OF TH E SURFACE ESTATE DO ES NOT NE CES SARILY INCL UDE TRANSFER OF THE MINERAL RIGHT S. TH IR D PART IES MAY HOLD INTERESTS IN OIL, GAS , OT HER MINERALS , GEOTHERM AL ENE RG Y CR WATER ON OR UNDER THE PROPERT Y, WH ICH l NTE kESTS MAY GIV E THEM RIGH TS TO ENTER AND USE THE PROPERTY . Such matters may be excluded flam the !Ille insurance po~cy. Buye, ls ad V1 sed lo timely consult legal counsel with respect to all such matters as there ar t. strict l ime lim lls pro'Aded In !his cC"'tra ct (e.g., TIiie Ot!Jectlon CoadUne I§ 2c) and Off-Record Mattors ObjecU on Doadllne (§ 2cl). 9 . LEAD-BASED PAINT. Unless exempt if the lmproverMnts on the Property include one or more residenti al dwellin gs lot ,,..hfch a bulldrng permil was issued pr ior to Jaruary 1, 1978, !his contracl shall be VOKI unless a com pleted Lead -Based Pa int Orsdosure (Sales) form is signed by Seiter and lhe requ ired real esta!e licensees. which must occur pnor to tile parties signing lhls con tract 10. PROPERTY DISCLOSURE, INSPE CTION ANO INSURABILITY· SU YER DISCLOSURE . On or Defore Selle r'• Property Olsclos ure De i dllne (§ 2c), Setler agrees lo prollide Buyer with a SeUe(s Property 01sclos ure form completed by Seller lo the best of Seller's cu rrent actual knowledge. a. Inspection Objection Deadllne. Buyer shall have 1he rig ht to have 1nspec1ion s of the physical cond111on of lhe Property an d In clu sion s. at Buyer's expense. II the phys ic al condition ol lhe Property or Inclusions is unsatisfactory m Buyer's subjacti~ discretion Bu yer shiill , on Of before ln1pectlon Ob jection O.a dtl ne (§ 2c): (1) noti 'y Sel'er in wnling that lhls contracl Is te,m1naled , or correc: (Notice ~!16~~!~~).Seller with a wnnen description al any unsausfaclory phys ical con dition whi ch Buyer requires Seller 1o _J. II wr,nen nollce is not received by Seller on or before lnspocUon Obje ction 0eadUne (§ 2c ). the physical cond 111on al the Propeny and Inclusions shal be deemed to be sa!is faclory to Buyer. b . R e s olution Deadline If a Notice 10 Correct is rece ived lly Seller and ii Buyer and Seller have not agreed 1n w:11in g to a settlem en l lhereot on or before Rosolutlon Deadllne (§ 2c), this contrac l shall termina te onr, calendar da) :ollowtng the Res olut io n Oead llne (§2c), unless before such term ination Seller 1eceives Su~-er·s wnt1en withdrawal of the Notice to Correct c. lns u ra billty. This conlfact 1s cond1l 1onecl upon Buye(s sat1s faction, 1n Buyer's subJetlive discretion, with the availability , terms , cond ition s and premiu m lor properly lnsuranco. This conlrac l sh all te1m1nate upon Sel ler's rece1p l . on or before Property Insurance Objo ctlon Co<11d llno (§ 2c) of Buyer's wrinen notice that suc h Ins uran ce was not sa\lsl actory 10 Buyer II said notice is not timely 1ecelved, Buyer shall have waived any rig hi to te,minate under this pra,.,;slon . d. Damage L iens and Indemnity 811yer is respons ible for paymen t for an inspecl lon s, su rveys . eng1nttering reports or for any other work performed at Buyer's rcque sl and shall pay for any damage which occurs to the Property and In clusions as a ,esuU ol suc h acti,,,;ties . Bu yer shall nol perm it clalms or liens of any ktnd against the Property 101 lnspecllons , surveys . eng ineering report s and for any other work pl'rformea on !he Property at Buyer's reques l Buyer agrees to mdemlli fy, protect and hold Seller harmless from and against any liability. damage . cos t or expense incurred by Seller tn connect ion with any such in spection. claim, or lien This indemnity 1nciudes Seller's right 10 rec over all cos1s and expenses incurred by Seller lo enforce this subs eclioo, lncluding Seller's reas onable attom<Jy an d legal fee:i The provis ions of th is sub section :;hall sul'\'lve the ter mination ol this contract. •· Buyer Dis c los ure. fJuyer represents th at Buyer D Does [!] Do es Not need 10 sell and close a property to complete this 1ransacLon "4oto : Any propeny sale contingency should app oar in Add l Uon ■I Provision ,(§ 24) • • The orinted portions or this f0<m. except 01fferentlarod addition s. have been appr oved ~the Colorado Real Eslate Com miss ion (CB Sl-7-04) • Buyef'r. initials . ~ _ Seller's lmlials 005-4 052641 334 0005 Bev Ev e rhart Realty , In c. 3 21 PM 9/2112005 cu ccn:r1t11 e ,m .:xxi•ou tnt 1-'Joo.r95 .rm PDF created w ith pdfFactory Pro trial version www .pdffactory .com • • Prepared by Bev Everhart, Broker-Owner MRE,CRS,c:'-RB,GRI page 7 f. M!. , 's Law, If the presence ol a reg istered sex · ;l,."nde,r is a matter ol concern to Bu)'l!I'. Buyer understand s lhal Buyer mus! contact local taw 'orcemenl officials revarding Oblaining 1uch lnfcrmatlon . 11 . CLOSING, Deliw,y of deed from Seller to Buyer shall be al cioslog {Clos ing). Closing shall be on the date speclfled as Clo 1ing Dal•{§ 2c) or by mutual agreement at an earlier date . The hOur and place of Closing shaU be as des ig nated by 12 . TRANSFER OF TITLE SubJect to tender or payment at Clos ing as re<i uired herein and compliance by Buyer with the other terms and provisions hereof , Seller shall execute and Cletiver a good Ind sufficient GENERAL WARRANTY deed to Buyer, al Closing , con wW!g the Property free and dear of all taxes except lhe general taxes for the year of Clos ing . Except as prowled herein , !Ille sh all be conveyed free and clear of all riens , lnciuding any gowmmental Hens for special improvements instalted a:.. of the date of Buyer's slgna1ure hereon , whelher ass essed or not . Title shall be 'lrweyed subflci to: 1. 1h01.,. \peciflc Exceptions described by refe rence lo recorded dOOJments as relleciod 1n tho Title Documents acce pted by Buyer in ar.c«dance with § 8a (Trtle Re'Aew). b. distribution uti~ty easements (including cable TV), c. thoi:e specifically described rights of third parties not shown oy the public records of which Buyer has actual knowledgi, and which were accepted by Buye< in accordance with§ 8b (Matters Not Shown by the Pub ti c Records ) and§ 8c (Surwy Re-.iew). d. Inclusion ol the Property within any special taxing distrlcl , •· 1he benefits and burdens of any declaration and party wall agreements , if any, and f.01he, ••NONE OTHER • • 13 . PAYMENT OF ENCUMBRANCES. Any encumbrance required lo be paid shan i , paid at or before Closing from the proceeds of this transaction or from any other source. 14. CLOSING CQSTS DOCUMENTS ANO SERVICES Buyer and Seller sh all pay, In Good Funds , ltlfli' respective Closing costs and all other Items required to be paid al Clos lnv . except as otherwise provided herein . Buyer and Seller shall sign and comple!e all customary 0f reasonably required docu ments al °' before Clos ing . Fees for real estate Closing serw:es shall be pa,d at Clos ing by CK] One -ha lf by Buyer and One-half by Seller O Buyer O Seller D Other 11.ny fees Incident 10 lhe issuance of owners ' association's statement of assessments (Status Letter) shab be paid by D Soller. [!] NIA Any lee s incident to the tra nsfer from Seller to Buyer assessed by the owners' association (Owners' Association Transfer Fee) shal be paid by O Buyer O Seller. [K} NIA The local transfer tax of none % of the Putchase Price shall be paid at Clos lng by D One-h alf by Buyer and One-halt by Seller D Buyer D Seller O other Any sales and use tax lhat may accrue ~ause of this transaction shall be paid when di.le by D Buyer D Setler 15. PRORATIONS . The following shan be prorated to Closing Oat, (§ 2c), 'lXcept as otherwise pr~decl: a. ~ Personal property taxes . ii any. and general real estate taxe5 for lhe year of Clos ing , ba5ed .)l'I [!] Taxes for the Calendar Year Immediately Preceding Closing D Most Recent Mill Levy and Most Recent Assessment 0 Other b. B.!!!!!.:. Rents based on O Rents Actually Received 0 Accrued. 0 NIA Security depos its held by Seller shaU be credited to Buyer. Seller shall as sign all leases to Buyer and Buyer shall assum'! such lease s. NOT APPLICABLE c. Association Assessments, OMITTEO AS INAPP l.l CASLE d. Loa n Assumption -Mortg190 Ins urance. FHA or priva!e mot1gage insurance p,emlum , 11 any , O euy ,r [!}NIA j 0 Shall O Shall Not CK] NIA be app ortioned to Clos Ing Oat,(§ 2c). Any such amou nt shall be app ortioned as l ol lows : •'NOT APPLICABLE • • e. Other Proratlons. NOT APPLICABLE vvater and sewer Charges : interest on any continuing loan , and f. Fina I SettlemenL Unless otherwise agreed in writing , these proratloos shall be final . • The printed pot1ions of this form , except diffflr■ntl•t•d additions, haw been apprO\'Od bv the Colorado Real Estale Commiss k,,1. (CBS1 -7-04) Bev Everht.rt Realty, Inc. Bu~\~ 11 ~~ ~005 Seners lnill~~•Conne1-;-;1993~!:!:1 ~~~:1m PDF created with pdfFactory Pro trial version w.vw .pdffactory .com Prepared by Bev Eve rh art, Broker-Owner MRE,CRS ,CRB,GRI 1 B. POS SE SSIO N Possession of the Property sh an be delivered 10 Buyer on POIHHlon Date and Po ssession Time (§ 2c), subjecl 10 the following teases or tenancies : non e If Seller. after Clrlslng , fails 10 deliver possession as specif ed. Seller shall be subject to e\'ictlon and shall be additionally Uable to Buyer ror payment of $1 00.00 per day from the Po11nalo n Dile(§ 2c) until possess ion is delivered . Buyer D DoH 0 Does Not represent that Buyer will occupy the Property as Buyer's principal residence . 17. NOT ASSIGNABLE. This contract s~t not be assignable oy Buyer without Selle,'s prior written consent Except as so restricled , thla contract shal Inure to the benelil of iWld be binding upon the h!lirs , personal reprasentaU\'eS , successors and assigns of the parties. 1B . INS URA NCE· CONOITION OF, DAMAGE TD PROPE RTY AND INCLUSIONS . Except as oth""lse p,IM!ed In this contract , the Property, Incl usions a both shall be delM!fed in the canditloo existing as of the date of tto:s contract, ordinary wear and tear excepted . a. C11ua lty ln 1uran ce In the~ the Property« lodusions shall be dP.maged by rn or other casualty prior to Closing , l:n an amount of not more lhan ten p(it'cent of !he total Purchase Price, Seller shall be obligated 10 repair the same before the Closing Date (§ :?c). In the ever,t such d.wnage Is not repaired within said time or if the damages axceed such sum , this contract may be le<mlnated ai the optlon of Buyer by delivering 10 Seller written notice of lermlnal!on . Should Buyer elect to carry out this coitract des pile such damage. Buyer shaD be entitled to a credit. at CloslO!J , for aJt the Insurance proceeds resulting lrom such damage to the Property and lncluslons payable to Seller but nol lhe owners ' assock'.lon, if any, plus the amount of any dedudible provided foc In such Insurance policy. such credit not to exceed lhe total Purchase Price . b. Q!mage lnc ly5l9n1 an d Servic es , Should any lnduslon or sef'llice (including systems and components of the Property, e.g. heating, plumbing , etc.) fail ar be damaged between the date ol lhls contract and Closing or possession , whichever shall be eartler. then Seller shall be llable lor 1he repair 0t replacement of such lnclu sl0t1 or service with a unit of sl mllar size, age and quality, or an equivalent credit, but only to the e>1ent that the ma intenance or replacement of such lnd uslon , ser-Ace or fixture Is :101 the responsibi lity of the owners ' association , II any, less any Insurance proceeds rectM!ld by Buyer covering such repa ir or rep:acement. Seller and Buyer are .iware of the existence of pre-ownod home warranty prog rams which may be purchased and may cover lhe repair or replacement of some Inclus ions . c. Wal k.Thro ugh ang Verifica tion o r Condition Buye,. upon reasonable notice , shall haw lhe righl 10 walk through the Property prl« to Closing to wrify thal the physic.al cond lllon of lhe Property and Inclusions complles with this con 1rad. 19. RECQMMENOATIQN OF LEGAL ANO TAX C OUN SEL. By signing th is documenl, Buyer and Seller acknowledge lhat lhe respectlwi broker has ac1.,;sec1 that this document has Important legal cons equences and has recommended lhe examination ol title and consunallon with legal and tax Of other counsel before signing this contrad. 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Tlma ls oflhe essence hereof. If any note or check received as Earnest Money hereunder or any oth« payment due hereunder is nu! paid , honoced or tendered when due, or If any other obligatlon hereunder Is not perlormed or waiYed as herein Pfow:led , there shall be the follc"Ning remedies : a. If Buyer It In Defaulti □ (1) SPtC lftC Perf9m,ance Seller may elect ta treat U,is contract as canceled . in which case all ,:i ayments ~"'d things of value recel\led hereunder shall be lorfeited and retained on behalf of Seller. and Sel ler may recowr such damages as may bll proper, or Seller may elect to treat this conlract as being In fuM f~and effect and Setler shal1 haw the right 10 specific performance or damages , or both. L!J (2) Liquidated Dam ages An payments and things of value received hereunder shall be forfeitfd by Buyer and retained on behalf ol Seller and both parties shall tt,ereafter be released from all ob lig,1:on s hereunder . It is agreed that such payments and th ing s of value are LIQUIDATED DAMAGE S and (except as prOIAded in subsection c1 ore SELLER 'S SO LE AN O ONLY REMEDY for Buyer"s failu re lo perlOfffl the obligations of th is con tr ad. Seller expressly waives tne remed ies of speoflc perlormance and add!Uonal damages . b. If Sellerls In Defau lt' Buyer may elect 10 ireal this contrac1 as canceled, In which case all 1,ayments and things of value recel\'ed hereunder shall be returned and Buyer may recowt such damage s as may be i. iper , or Buyer may elect lo tre at th is contract as being In full force and effect and Buyer shall have the right to specific performance o, damagds, or both . c. Co1 ts and Expen ses, In the ewnt of any arbitration or m~atlon reta Ung to this conlract, the arbi trator or court shall award to the preval11ng party all reasonable costs and &"Cpenses , Including an omey and leg al lees 21 . MEDIATtON II a dls pUl w artses rqlaUng to this ccntract . prior to or after clos ing , and Is nOI resol w1, Iha panles shall firs t proceed in good lalth to submit the mailer to mediation . Mediation is a pr ocess ln which the pa1ies meet with an impartial person who helps to resol\o'U the dispute lnlorm lllly and confidenlially. Mediators cannot impose .i,inding decisi ons . The parties 10 the dLSpute mus! ag1ee before any sett!ement is bind ing . The parties will join tty appoint an acceptab le med iator and wlff share equ ally in the cost of such mediation . The med iation, unless Olherwise agreed , shaD term inate In the e-.ient the entire dispute is not resol Yl!d within 30 calendar days of the date written notice requesting me41atlon Is sent by one party to the other al the party's last known address . This section shall nOI al1er any dat e In lhls contract , unless olhefwise agreed . 22. EARN EST MONEY DISP UTE. In the event of .1ny contro-.ersy regwding the Earnest Money and thing s ol value (notw ithslandlng any lermil'lation of this conlract or murual written lnslructlons ), Earnest Money Holder shall not be req uired to take any lction. Earnest Money Holder may i,wait any proceed ing, or al Its option and sole discretion , lnterpleltd a11 parties and deposit any money or things of value into a COUt1 of competent jurisdicti0t1 and shall rear.-er cou rt costs and reasonable attorney and leg al fees . 23. !5Bl,llNATION . In the eWJnt this c0t11ract Is termina ted . all payments ano th ing s ol value rcceiwd hereunder shall be 1otumed and th e partlos shall be re/lewd of an obligations hereunder. subject to§§ 10<1 , 21 and 22 . The prinled po,1ions of this lorm , except dlfferentl,ttd additions, haw been approwd by th , Colorado Real Estate Commission . (CBS1 -7•04) • Bev Everhart Real ty , Inc. eu~~2~i1 ~~~05 SellCl's lnit la!,eonntt , c ,1m~!:.:!:1~,!~!:11,, PDF created with pdfFactory Pro trial ve rsi on www .pdffactory .com • • Prepared by Bev Everhart, Broker-Owner MRE ,CRS ,CRB ,GRI 24 . ADDITIONAL PROVISIONS . (The fOllowing addition al ptovisions have not been apprOlled by the Col Ofado Real Estate Com mission .) 24-1 . Whfle this property does have Improveme nts (home, garage and outbulldlngs), all parties acknowledge that they are marginally useable and make:no represontaUan and have no expectation of value. Th is property is be ing sold "...s is ". Buyer's however, may conduct any dUtJ •dlligent insp ections as they may desire. U-2. There aru 3 Individual sellers in various parts of the United States and this contract th erefore w/JI be written and signed in counterparts, with each seller signing Identical contracts which together shall constitute the acceptance of this contrac1' as one. pag e 9 24-3. It Is understood by all parties that this property Is being purchased by the City of Englewood. It Is subjecty to and expressly condltlc,,1ed upon the acceptance and final approval of the Englewood City Councl/ at their October 3, 2005 ANO their October 17 , 1005 meetings. The earnest money set forth In section 4 of this contract shall be paid upon the City of Englewood's approval at the October 3, ZOOS meeting. Should the final approval at the October 17, 2005 meeting fail, then the $5000 earnest money shall be returned to the City of Englewood and this contract shall become null and void. 25 . ENTIRE AGREEMENT MOPlflCATIQN SURVIVAL This agreement constllutes the entire contract between lhe parties relating to the subject hereof, and any priOf ag reements pertaining thereto, whether Ol al or written , haw been merged and lnteg•ated inlo this contract . No subs eq uen l modifi cation of any of the terms of th is contra ct shaH be valid, binding upon the parties , or enforceable un less made In writing and signed by lhe pan!es. Any obligation In this contract that. by Its terms , ls Intend ed to be performed al1er te«ninalion or Closing shall surviw lhe same . 26 . NOTICE DELIVERY ANO CHOICE OF LAW. a. Physical Delivery. Excep t for the notice reques ling mediation descri bed m § 21 and except as pro'llded In § 26b below , all notices must be In writing . Any notice to Buyer shall be effective when rl!CeiW<l by Buyer or by Selling Brolterage Firm , an d any notice to Setter shall be effectiw when recelwc:l by Seller or Lis ting Brokerage Firm . b. Electronic Delivery . As an alt ernative lo physical del i~. any signed document and written notice may be delivered in electron ic form by the folla.ving ind!caled method s only: [!] Facsimile W E-mail D None Document s with original sign atures shall be prO\ided up on requ est of any pany. c . Choice of Law. This contract and all dis pules arising hereund er shall be g0".1!med by and cons trued in accordance with the law s of th e State of Col OladO thal would be applicable to Colorado 1esidents who sign a contract in this slate for property located in Colorad o. 27 . NOTICE OF ACCEPTANCE COUNTERPARTS . This propos al sha!I expire unless accepted 1n wrillng , by Buyer and Seller . as evidenced by !heir slgnalures belo.v, and the ollermg party receives notir.e of accept ance pursu ant to§ 26 on or before Acceptance Deadllne Date (§ 2c ) and Acceptance Oeadlln, Time (§ 2c ). If accepted , this docu ment sha ll become a contract between Seller and Buyer A copy of this document may be execut ed by each party, separately, and when each party t1as executed a copy !hereof, such copies taken together sh a!I be deemed to be a full and complete contract betw ~ n lhe p ·es . ----------------------Oa1o ofsignature ______ _ Buyer: Buyer's Add ress : 1000 Enc,lwood ParXwav, EnQlcwood. Co , 80110 Buyer's Telephone No: ~ Buyer's Fax No: 303·183 ,6895 Buyer's Email Address : lo:immett(@enolowoodoov.ora Je,3 .·/1.+-H -tq • ..,r_"' ... • ... '"'-'-°"..:.P_0<1_1o_as ... 0_1 _1ni,;;.s ..:.'°'_m,;;.. ,;,.".;.ce.:;,p1_d_m_,_,._n_1ia_1o_d_ao_,_illon-'s._n,_""_bee_n_,"'PP ... " ... """-":...' lh_, ... c ... ~..:.'..:."•.;.o_R.c.••:..l c:.E' ... " ... "...;C..;om_m_;.;.ss_1~_,.-"1c ... e,;;.s _1-1_-0_•.:;,I ___ .J Bev Everhart Realty , Inc . 311 PM 9111 11ouo Seller's initials· 005-4 05 26413340005 PDF created with pdfFactory Pro trial version www .pdffactory .com Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI page 10 (NOTE :lf Ul la off1t 11 being countered or r•J•ctad, do not !llgn this docum,nl Refer to§ 28) ~s.,~.,.-_-c~.~E~~,~ne~C~,.-,-.---------_______ Date of slgnaturu ______ _ ~Sel~Hlf-:~e~,,~,.~L-. N~,-ech-18-,.,~,,---------------Date of signa ture ______ _ ~-~-~-----------·------Oateol sig nature ______ _ Seller. BrendaGayle :>•-hless lef l· I Sellet's Address : 503 • 11111 Stcut GcnltY CO fMlf Selet'sTelephoneNo: 970.352-2047 Seller'sFaxNo: _____ Sellet"'sEmailAddres s: ___________ 1 28 . COUNTER · REJECTION. This offe1 ts □ Countered □ Rejected . lnlUals onty of party (Buyer or Seller) who countered or rejected off or END OF CONTRACT Note: Closing ln1trucUan1 and Earn11t Money R1c1lpt should be 1Jgn1d on or before TIiie O\'ladlln• (t 2c). iBQW ACKNOWLEDGMENTS · The unde<slg ned Brokers acknowledges receipt of the Eamest Money deposit specified in § ◄ and. while not parties to lhe contract, agree to cooperate upon request wilh any mediation conducted under § 21 . The Selling Broker Is a D Buyer'a Agent (KJ Transaction-Broker :y, this transaction . The Listing Broker Is a D Seller's Agent (KJ Transaction-Broker In lhis transaction . BROKERS ' COMPENSATION DISCLOSURE . Sell1ng Brokerage Firm 's compensa don or commiss ion is 10 be paid by: D L isting Brokerage Finn O auyer □ Other (To be completed by listing Broker) Listing Brok arag e Firm'5 compensation or comm ission is 10 be paid by. □ Oth er [!]seller D Buyer • Selling BrokerJFlrm (Name of Broker/Firm) L11tlng BrokerJFlrm (Nilme ot Broker/F irm ) Bev Everhart Realty, Inc . Same as Se ttin g Bro ker The prin ted potllon1 ot 1h11 tam . except dJfferentJ•tad additions , have been approwd by the Col()(ado Real Eslate Commiuion. (C BS 1-7-04) oos.-052641 334000 5 • Bev Everhart Realty, Inc. 3:21 PM 912112005 PDF created with pdfFactory Pro trial version www .pdffactory .com • • • -------~a ARAPAHOE COMMUNITY COLLEGE Arapahoe/Douglas Career and Technical School 5900 South Santa Fe Drive , Littleton , Colorado 80160 -9002 Phone 303 797.5080 Fax · 30:J .797 .5083 Web : actsinfo .org ~~30C/J- September 20, 2005 Dear Members of the Englewood City Council, I represent the Arapahoe/Douglas Career and Technical School (ACTS), a di vis ion of Arapahoe Community College and a consortium of local school districts. Our mission is to pro vide career and technical classes for ACC students and high school students from Cherry Creek, Douglas County, Englewood, Littleton and Sheridan school di stricts . We offer a Comprehensive Building Trades program for student s who want to learn this rewarding trade . Students receive training in basic safety, hand and power tools , job site layout and blue print reading, form and foundation systems, floor , wall and roo f framing, and roofing material s and methods. We have had a very successful partnership with the City of Englewood for several years which allows our students to apply the knowledge they have learned in the cl assroo m at an actual co nstruction si te. To put it simply the city provides the opportunity to build a house and ACTS provides the student builders and in structor. It is a win-win situation. Our students benefit in many ways . They are learning a valuable trade and will gain the necessary skills which will allow them to continue their education and/or seek employment upon graduati on. Along with skill s deve lopment they also acquire se lf- confidence, an under standing of the value of hard work, and the ultim ate + payoff ... building a home for a family . J Another uniqu e feature of this success ful partn ershi p happen s the year be fo re construction begins. Students in Sheridan High School's architecture class individually work to de sign a house, tak ing into account the proposed building si te . At the end of the school year they present their plans to a panel of judges. Ultimately, one of their des ign s is se lected as next year 's building project. The Englewood community also benefits through this Fartners hip . The city is able to upgrade older neighborhoods and the property value of current houses has the potential to increase with the new addition. This partn ership is vital to ACTS and the Comprehensive Building Trades program . ACTS do es not have the financial means to purchase land and without the City of Englewood providing this we would not be able to offer the construction program to our stu dents . We are fortunate to work with so many competent and dedicated city Con sortium Mem bers Include. Arapah oe Community College The Sc~ool Districts of Cherry Creek, Douglas County, Englewood, Littleto n, and Sherida,!! employees who join us in the goal of providing truining for our students and the reward of sharing in their success. Carol O'Brien Di ,ctor ArupahoefDouglas Career and Technical School • .J •