Dolores, Colorado L 1000 AGENDA DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING OCTOBER 9TH, 2023, 6:30P.M. THE MEETING WILL BEI HELD ATTOWN! HALL 420 CENTRALAVENUE.  FYOUWISHTOATEND VIRTUALLY, PLEASE VISITTHE TOWN WEBSITE UNDER GOVERNMENT TOWNE BOARDI MEETINGI FOR" THE ZOOM  LINK  itps/townotdolores.colorado.oy  1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL  4. ACTION/APPROVAL OFTHE AGENDA  5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST.  6.CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person willl have 51 minutes. The Town Board encourages public comment byt the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at amnyPtownocoorescon any time before the  dated Board meeting.  7-ACTION/APPROVAL OFTHE CONSENT AGENDA: The Consent Agenda is intended to allow the Board bya single motion approve matters that are considered routine or non-controversial. Here will be no separate discussion of these items unless al Board Member requests an item to be removed from the Consent Agenda and considered separately. Items removed fromi the Consent Agenda will be Considered under specific, Agenda  item numbers.  7.1 Minutes from: Board meetings on! September 11th, and September. 25th, 2023.  7.2 Expenditures for the month of September 2023. 8. REMOVED CONSENT AGENDAI ITEMS:  9.TRUSTEES REPORTS AND ACTIONS: (Please use. 5 minutes)  Mayor Reeves Trustee Duvall "Val" Truelsen    Trustee Sheila Wheeler Trustee Chris Holkestad Trustee Mark Youngquist Trustee Kalin Grigg Trustee Andy Lewis  10. ACTION/APPROVAL ORDIMANG/RESOLUTONS: No action at this time  11. STAFF EPORESPAEENTATONS:  (For the record The Clerk, Building Official, and Public Works have submitted reports to the packet, if not  scheduled).  11.1 Emergency Alerts System (Everbridge): Emergency Manager. Jim Spratlin. 11.2 Four Corners Re-Cycling: Lisa Roche 11.3 Managers Report: Manager Ruud willg give a verbal report. 11.4 Sheriff's Report: Sheriff Steve Nowlin 11.5 Attorneys Report: Jon Kelly 11.6Treasurers Report: Heather Robertson  12. 2024 BUDGET DISCUSSION/PRESENTATION: Heather Robertson and Paul Ruud present the 2024 Budget  Draft.  13. ADMINISTRATIVE BOARD BUSINESS:  13.1/ Action/Approval: Dolores Library District Board appointment of Hassan Hourmanesh as Trustee. 132Dscision/Posibe Action: Community Center draft contract, as presented by Attorney Kelly.  13.3Discussion: Proposition 123, decision to opt in or out.  14. BOARD/COMMISSIONS:  141Parks/Playground Advisory Committee: 14.2 Planning and Zoning Committee: 14.3/ Attainable Housing Task Force: 15.OUTSIDE ORGANIZATIONS: 15.1 Chamber of Commerce: Susan Lisak 15.2 Montezuma County Commissioner: Jim Candelaria 16. UPCOMING BOARD, COMMITTEE AND SPECIAL GROUP MEETING: 16.1 Board Meeting/Workshop: October 24th, 2023 16.2 Parks/Playground Advisory Committee: October 12th, 2023, at 6:00  17-ADIOURNMENT:    Dolores, Colorado AGENDA  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING  SEPTEMBER 25TH, 2023, METING/WORASHOP 5:30P.M. THE MEETING WILLE BE HELD AT1 TOWN HALL 420 CENTRAL AVENUE.  FYOUWISH TO ATTEND VIRTUALLY, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR  THE ZOOMI LINK ttps/Ptownofdolores.colorado.gov  WORKSHOP: Starting at 5:30 p.m., with dinner. 1.Discussion: Community Center BOARD MEETING: Starting at 6:30 p.m. 1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL:  4.A ACTION/APPROVAL OF THE AGENDA  5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST.  6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, tot the Town Clerk at amnyetowpocolorescon  any time before the dated Board meeting. 7.CONSENT AGENDA: No agenda at this time 8. BOARD MEMBERS COMMENTS AND REPORTS: 9. ACTION/APPROVAL OF RESOLUTIONS/ORDINANCES: 10. STAFF EPOAISPRISENTATONS: Manager Paul Ruud Attorney. Jon Kelly Treasurer Heather Robertson 11. ADMINISTRATIVE BOARD BUSINESS:    11.1D Discussion/Possible Action: Traffic signsf for Railroad Avenue-CDOT requirements, and the stop  sign on fourth street.  11.2 Discussion/Possible Action: Marljuana/liquor Occupational Tax  11.3 Discussion/Possible Action: Code Enforcement on noise, weeds, buildings deemed unsafe or  hazardous.  11.4 Discussion/Possible Action: Update on Sheriffs 2024 contract.  11.5 Discussion/Possible Action: Recommendation from the Housing Task Force to move forward  with developing parcels for affordable housing.  12. FUTURE AGENDAS:  P&Z meeting. October 3rd, 2023 Parks meeting: October 12"h, 2023  Board meetings: October 9th, 2023, Board meeting, and October 23", 2023, Workshop/Board  meeting. 13. ADJOURMMENT    Dolores, Colorado) MINUTES  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING  SEPTEMBER 25TH, 2023, MEETING/WORASHOP 5:30P.M. THE MEETING WAS HELD AT TOWNI HALL420 CENTRAL AVENUE.  IF) YOU WISH TO VIEW1 THE RECORDING, PLEASE VISIT THE TOWNY WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING  FOR THE: ZOOMI LINK htps/Ptownofdolores.colorado.gov  WORKSHOP: Center. BOARD MEETING:  Mayor Reeves opened the workshop. The topic for discussion was a proposed transfer of the Community Center to the Town of Dolores. Some of the Community Center Board attended to give the Board information about the  1. CALLTOORDER: Mayor Reeves called the meeting to order at 6:31 p.m.  2. PLEDGE OF ALLEGIANCE  3. ROLL CALL: Board Members present: Mayor Leigh Reeves, Trustees Duvall "Val" Truelsen, Sheila 4.ACTION/APPROVAL OF THE AGENDA: Trustee Youngquist moved to approve the agenda, seconded 5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST, No conflicts werei identified. 6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during al Public Hearing. Each Person willl have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town' Website for the link), or by submitting your comments, via email, to the Town Clerk at amnyetowpocolorescom 6.1. Joanna Smith, 208 S. 5th street: Addressed the Board concerning historical buildings, and the 6.2 Michael Sawyer, 207 N. 20th street: Addressed thel Board commenting that the town needs to be proactive in weeds, street sweeping, and leftover sandbags on the streets. Vacant lots should be cleaned  Wheeler, Kalin Grigg, Andy Lewis, Chris Holkestad, and Mark' Youngquist. by Trustee Holkestad. The motion was approved unanimously.  any time before the dated Board meeting.  historical register. She questioned the town survey and: strategic plan.  up at the first of summer.  7.CONSENT AGENDA: No agenda at this time 8. BOARD MEMBERS COMMENTS AND REPORTS:    8.1 Trustee Wheeler commented that she was looking at several business properties that have closed or shut down. The properties are unmaintained. She was very concerned whyt these businesses wereno longeri in operation. The Town needs to focus on why the businesses are going away. 8.2 Trustee Holkestad commented that out of state property owners should have their taxes raised for buildings that are vacant and notr maintained. He commented that the Del Rio Building has not been worked on for Five years. Building Official David Doudy stated the property owner filed report on  structural repair was last year.  .ACTION/APPROVAL OF ESOLTIONS/ORDNANCS No action at this time.  10. STAFF REPORISPRESENTATONS:  Manager Paul Ruud reported: The budget 2024 is nearing completion, and a draft willl be presented at the October 9th meeting. He also commented that the Sheriff's contract came in with a: 13%i increase. Commissioner Candeleria clarified that this was not contract negotiations, but agreements. He: stated the monthly billing should be annually. County and' Town will continue to still visit until December when the County will approve. Attorney Jon Kelly will be reporting ont the upcoming item numbers. Treasurer Heather Robertson reported the actuais for the month of. July 2023.  11. ADMINISTRATIVE BOARD! BUSINESS:  11.1 Discussion/Possible Action: Traffic signs for Railroad Avenue-CDOT requirements, and the stop sign on fourth street. Manager Ruud is working with. John Palmer of CDOT to place behavioral traffic signs on Railroad Avenue. He mentioned the possibility of having at least one of the: signs upl before the end oft they year. Trustee Youngquist mentioned slowing the speed more along with the signs. The Board discussed setting speed bumps in dangerous areas to slow traffic down. The Board urged staff to move 11.2 Discussion/Possible Action: Marijuana/liquor Occupational Tax. Attorney Kelly questioned the Board about replacing the Occupational Tax with a sales tax. It will go before the voters att the April Election. The Community will be approving a sales tax ratei increase. The Board directed Attorney Kelly 11.3 Discussion/Possible Action: Code Enforcement on noise, weeds, buildings deemed unsafe or hazardous. Attorney Kellyi informed the Board that there were some abatements sent concerning weeds on lots that were vacant. Some landowners were contacted, other landowners are hard to find. There was discussion concerning the Del Riol being al hazardous building. Itis not registered as historical as alterations were made. As far as being structurally sound the owner did complete the requirements per the Building Official David Doudy. The Board directed Attorney Kelly to move forward withi the  on with the project on Railroad Avenue, andi the 4th Street Bridge.  top proceed.  abatements.  11.4 Discussion/Possible Action: Sheriffs Contract was previously discussed in item 10. Manager's report. Manager Ruud did express that he did not like the idea of paying the County thet full amount 11.5 Discussion/Possible Action: A recommendation came from the Housing Task Force to move  upfront. He thought quarterly would be better for the Town.  forward in developing parcels for affordable housing on the 19th street property.    Prop: 123 created by the State for a State Affordable Housing Fund, dedicating 40% of funds to Affordable Housing. The Board discussed optingi in or out. November 1st, 2023 is the deadline for  a decision. The Board directed Manager Ruud to prepare an RFP.  12. FUTURE AGENDAS:  P&Z meeting. October 3rd, 2023 Parks meeting: October 12th, 2023  Board meetings: October gth, 2023, Board meeting, and October 23"d, 2023, Workshop/Board  meeting.  13. ADJOURNMENT: Mayor Reeves adjourned the meeting at 8:11 p.m.  Mayor Leigh Reeves  Town Clerk Tammy Neely    Dolores, Colorado  AGENDA DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING SEPTEMBER 11th, 2023, 6:30 P.M. THE MEETING WILL BEI HELD ATTHE1 TOWN HALL 420 CENTRALAVENUE.  FYOUWISHTOATTEND VIRTUALLY, PLEASE VISIT1 THE1 TOWN WEBSITE UNDER GOVERNMENT TOWNI BOARDI MEETING FOR1 THEZ ZOOM  LINK  ttps/townotdolores.colorado.gow  1. CALLTO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ACTION/APPROVAL OF1 THE AGENDA  5. DENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST.  6.CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at mmyPtowmoltoorescon 7.ACTION/APPROVALOFTHE CONSENT AGENDA: The Consent Agenda is intended to allow the Board by a single motion approve matters that are considered routine or non-controversial. Here will be no separate discussion of these items unless a Board Member requests an item to be removed from the Consent Agenda and considered separately. Items removed from the Consent Agenda willl be Considered  any time before the dated Board meeting.  under specific Agenda item numbers.  7.1 Minutes from: Board meetings on August 14th, and 28+, 2023. 7.2 Expenditures for the month of August 2023 8.1 REMOVED CONSENT AGENDA ITEMS: 9.1 TRUSTEES REPORTS AND ACTIONS: 10. PUBLICI HEARINGS: Nol hearing at this time  11. ACTION/APPROVALORDINANCE/RESOLUTIONS: No action at this time  12. STAFF EPORISPRISENTATONS: packet, ifr not scheduled). 12.1 Managers Report 12.2 Sheriff's Report  (Fori the record The Town Clerk, Building Official, and Public Works have submitted reports to the    12.3 Attorneys Report 12.4Treasurers Report 13. ADMINISTRATIVE BOARD BUSINESS:  13.1 Presentation/Dscusion: Proposition 123 Funding 132Dscusson/Update: Affordable Housing Task Force 13.3 Discussion/Update: Marijuana Sales tax 13.4 Discussion/Update: Sherif's Contract 2024 14.1 Parks/Playground Advisory Committee: 14.2 Planning and Zoning Committee: 14.3Attainable Housing Task Force: 15.OUTSIDE ORGANIZATIONS: 15.1 Chamber of Commerce: Susan Lisak 15.2 Montezuma County Commissioner: Jim Candelaria 16. UPCOMING BOARD, COMMITTEE AND SPECIAL GROUP MEETINGS: 16.2 Planning & Zoning Tuesday September 12th, 2023, 6:30 p.m.  14. BOARD/COMMISSIONS:  16.1 Park/Playground. Advisory Committee Thursday September1 14#,2023, 6:00 p.m. 16.3 Board/Workshop meeting September 25!h, 2023, Workshop 5:30 p.m. Board 6:30 p.m.  17.ADIOURNMENT:    Dolores, Colorado  MINUTES DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING SEPTEMBER 11+h, 2023, 6:30 P.M. THE MEETING WASI HELDA ATTHE1 TOWNI HALL4 420 CENTRAL AVENUE.  IFYOUWISHTO! REVIEW1 THEI RECORDING, PLEASE VISIT THET TOWNI WEBSITE UNDER GOVERNMENT TOWNI BOARDI MEETINGI FORT THE  ZOOMI LINK  ttps/townotdolores.colorado.sow  1. CALLTO ORDER Mayor Reeves called the meeting to order at 6:30 p.m.  2. PLEDGE OF ALLEGIANCE  3. ROLL CALL: Board Members present: Mayor Leigh Reeves, Trustees Duvall "Val"Truelsen, Chris Holkestad, Sheila' Wheeler, Kalin Grigg, and Mark' Youngquist. Trustee. Andy Lewis appeared virtually. 3.1 Staff:Town Manager Paull Ruud, Town ClerkTammy Neely, Treasurer Heather Robertson, Building Official David Doudy, Attorney. Jon Kelly, Sheriff Steve Nowlin, and Public' Work Director Randy McGuires 4. ACTION/APPROVAL OF1 THE AGENDA: Trustee Youngquist moved to approve the agenda, seconded by S.IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OFI INTEREST. No conflicts werei identified. 6.CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by thei following sources: Live ati the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk ati ammyetownocoorescon any time before the dated Board meeting. No commenti fromi the Public was made in person or virtually. 7ACTOWAPROVALOFTHE CONSENT, AGENDA: The Consent. Agenda is intended to allowi the Board by a single motion approve matters that are considered routine or non-controversial. Here will be no separate discussion of these items unless a Board Member requests an item to be removed from the Consent Agenda and considered separately. Itemsr removed from the Consent Agenda willl be Considered  appearvirtually.  Trustee Wheeler. The motion was approved unanimously.  under specific Agenda item numbers.  7.1 Minutes from: Board meetings on August 14", and 28th, 2023. 7.2 Expenditures for the month of August 2023  Trustee Truelsen moved to approve the consent agenda, seconded by Trustee Youngquist. The motion  was approved unanimously.  8. REMOVED CONSENT AGENDA ITEMS: Noi items were removed.    9.TRUSTEES REPORTS AND ACTIONS:  9.17 Trustee Youngquist: Researched signs and their effectiveness in controlling traffic. Thet towns of Rico and Ridgeway use behavioral signage, traffic has slowed down considerably. Trustee Youngquist would like to visit with CDOT, inj possibly obtaining signs for Dolores. Board Members discussed the 3- way: stop sign on 4thand Riverside. The 3-way was added because the street was much wider on the south side. Sheriff Nowlin remarked it was intentionally done that way in an attempt to slow traffic down coming across the bridge. Public Works Director Randy McGuire added it was easier for snow removal. The Board suggested that Sheriff Nowlin, Manager Ruud, and Director McGuire meet to 9.2 Trustee Wheeler: Talked about the survey that was conducted in the year 2022. She suggested 9.41 Mayor Reeves inquired about thel local noise ordinance: statingt thatt there was a complaint made onan event at the Community Center. The complaint was that loud music was playing until 11:00p.m. Sheriff Nowlin stated he will look into it. Trustee Holkestad added there have been dogs barking 9.5 Mayor Reeves inquired about flood mitigation and questioned an engineering study. 9.6Trustee Wheeler asked about the snow removal on Railroad Avenue/Highway 145. The winter may be heavy as it was last year and could pose a problem for store front owners again. Trustee Truelsen remarked it was not the Towns responsibility to remove: snow on as state highway.  discuss the 3-way stop.  that the Board discuss the survey at a workshop.  9.3Trustee Youngquist. suggested the Board discuss the Marijuana sales tax.  constantly.  10. PUBLICI HEARINGS: No hearing at this time  11. ACTION/APPROVALORDINANCE/RESOLUTIONS: No action at this time  12. STAFF EPOHIESPABENTATONS: packet, if not scheduled). District meeting in Bayfield.  (Fort the record The Town Clerk, Building Official, and Public) Works have submitted reports to the 12.1 Managers Report: Manager Paul Ruud reported that he and Mayor Reeves attended the CML  Manager Ruud discussed these topics with the Board:  Community Center, the next steps.  The' Water Tank was cleaned. The sanitizing company remarkedi it did not need much Several meetings this week, Board, Planning and Zoning, and Park/Playground Advisory.  cleaning.  12.2 Sheriff's Report: Sheriff Steve Nowlin reported the calls for service for the month of August. No problem with bears. Sheriff Nowlin requested the Board lift thei fire ban thati is currently in place. The Board agreed. Trustee Grigg moved to approve lifting the fire ban, seconded by Trustee Youngquist. The  motion passed unanimously.  12.3Attorneys Report: Attorney. Jon Kelly updated the Board ont the following:  Proposition 123 funding, concerning affordable housing programs. The act modifies the affordable housing programs (programs) created by Proposition 123, which was approved by voters at the 2022: statewide election. Local governments may opti in or Research of Marijuana occupational taxes. Attorney Kelly researched towns throughout Colorado. Very few are using the Occupational Tax. The Board would like to further  out of the programs. discuss this at a workshop.    12.4Treasurers Report: Treasurer Heather Robertson reported al balance of $2,473,275.49 forall  accounts and the monthly sales tax revenue as of August 2023 $96,553.58.  13. ADMINISTRATIVE BOARD BUSINESS:  B1PesematonDistson Proposition 123 Funding previously discussed by Attorney. Jon Kelly. 133Dscusson/Update: Marijuana Sales tax was discussed previously with Attorney. Jon Kelly (Item 134Dscusson/Upate: Sheriff's Contract 2024. The discussion was tabled for al later date.  132Dscusson/Upate: Attainable Housing Taski force, seei item14.3  12.3)  Montezuma County declined the previous contract.  14. BOARD/COMMISSIONS: September 12th, 2023.  14.1 Parks/Playground Advisory Committee: Is scheduled for Thursday September 14th, 2023. 14.2 Planning and Zoning Committee: Nor report was given duei to thel P&Z meeting scheduled for 14.3 Attainable Housing Task Force: Met August 31st, 2023. They voted to approve proceeding with the development oft the 19th street housing project and put together an RFP with a possible, grant. Planning  and Zoning approved: la subdivision, with deed restrictions. 15.1 Chamber of Commerce: No report was given.  15.OUTSIDE ORGANIZATIONS:  15.2 Montezuma County Commissioner: Jim Candelaria discussed proposition 123. Montezuma County is suffering from al lack of developers making it difficult to decide whether to opt in or out. 16.1 Park/Playground. Advisory Committee Thursday September 14th, 2023, 6:00 p.m. 16.3 Board/Workshop meeting September 25th, 2023, Workshop! 5:30 p.m. Board 6:30p.m.  16. UPCOMING BOARD, COMMITTEE AND! SPECIAL GROUP MEETINGS: 16.2 Planning & Zoning Tuesday September 12th, 2023, 6:30 p.m. 17.ADIOURNMENT: Mayor Reeves adjourned the meeting at 8:07 p.m.  Mayor Leigh Reeves  Town Clerk Tammy Neely                dle    Town board October 9, 2023  Building Official/Building Inspector report  Current projects: 1. #1069-F Final 2. #1108-F Final 3. #1094 - Four inspections 4. #1077 - Multiple inspections 5. #1101-N Multiple inspections  New permits: three permits for at total of $8,268.14 6. #1109-P Publici improvement permit 7. #1110-1071 N 15th Street Units A&B 1. #1111-107 N 15th Street Units C&D Consultations- Phone and in person 39 Phone and in-person Construction Inspections  13 construction inspections of permits issued.  Future projects on the horizon: Two garage apartments being considered.  Business Inspections  1  Food trailer/trucki inspections  None    STRI . Inspections 2STR pre-inspections Internet Technology No report SPECIAL PROJECTS 1. New Town Hall  a. The new HVAC has been installed. b. Electrician is completing rough-in. Netforce is installing network wiring. d. Waiting on wiring to begin sheetrocking.  STR's  There will be a brief presentation on the current status of STR's  Compliance issues  A new property owner clear cut along the river and did excavation without permitting. Working  with the owner on compliance.    STR'sin Dolores  There are 17 current STR permits issued.  There have been three issued permits that did not renewed their permits and turned them back in There are 3a applications for permits in process, this will bring us back to 20 active permits.  Oft the 17issued permits the following stands, 1. There is one owner occupied STR. unit is owner occupied)  2. There are two that are ADU's (Accessory Dwelling Units, one of which is the principal dwelling 3. There are five STR permits that the owners live ini the area, but not within 20 minutes. 4. Most callers looking at purchasing property are doing so to have an STR in Dolores. Most of 5. We receive 4-5 inquiries monthly concerning vacant property (residential and business  these possible purchases do noti intend on livingi in Dolores.  structures for STR's).    MAINTENANCE DAILY REPORT SEPTEMBER 2023  1-4 Plants. Seledon  5  Plants. Picked up trash and cleaned the restrooms. Replaced a blower at the wastewater plant. Finished the turbidity report. Serviced the online: meters at the water tank. Mowed Plants. Pulled the monthly wastewater samples thel bacti water samples and the chlorine samples. Inventoried the spare parts for the water plant and wastewater plant. Replaced the meter pit lid at 300 N 15th for one with a wireless register hole. Repaired the water Plants. Picked up trash and cleaned the restrooms. The dive team came and cleaned and inspected the water tank. Mowed at. JRP. Installed a water meter at 507 Central. Replaced the water pump on the. JD tractor. Removed a fallen tree on walking trail at gth  Riverside and Triangle parks.  6  dock.  7  and Riverside Ave.  8-10 Plants. RJ. Got called out for emergency locate at 18380 Hwy 145.  11 Plants. Picked up trash and cleaned the restrooms. Mowed Flanders and Riverside Parks. Cleaned and checked the jet rodder truck. Finished the DMRS for the wastewater plant. Checked for a water leak at 18524 Hwy 145. Attended the board meeting.  12 Plants. Mowed at. JRP. Worked on the jet rodder truck's boom cylinders. Worked on 13 Plants. Mowed at. JRP. Pulled the chlorine samples. Euthanized gophers. Worked on sprinklers at JRP. Replaced ai meter setter at 18542 Hwy 145. Replaced the tie-rod end on the 2003 Dodge pickup. Cleaned and repaired mowers. Turned on water at 507  sprinklers at. JRP. Marked utility locates.  Central. Shut off water at 120N15th.  14 Plants. Picked up trash and cleaned the restrooms. Changed the hydraulic oil in the large mower. Repaired the lights on the park trailer. Euthanized gophers. Worked on sprinklers. Replaced the meter top at the Post Office. Maked utility locate at 509  Central.  15-17 Plants. Randy. Got called out for water leak at 507 Central, bathrooms at JRP, and to let 18 Plants. Picked up trash and cleaned the restrooms. Rebuilt the chlorine pump at the water plant. Met with tree trimmers to remove dead trees on the walking trail along Riverside. Started the sewer main maintenance cleaning. Mowed Riverside Park.  the contractor into the water plant for work on the generator pad.  19 Plants. Mowed at. JRP. Continued jet rodding the sewer: mains. Worked on the sand filters at the wastewater plant. Turned off water at 30830 CR U.5 for customer repair.  1    20 Plants. Continued the sewer: main maintenance. Finished work on the sand filters at the sewer plant. Inspected the water line coverage on Merritt Way. Turned water back on Plants. Picked up trash and cleaned the restrooms. Mowed at. JRP. Worked on sprinklers at. JRP. Read meter. Filled potholes on N 14th street. Removed a rockslide on the access road to the water tank. Serviced the online meter at the water tank. Cleaned and lubed  for 30830 CR U.5 customer.  21  the mower. 22-24 Plants. Audra.  25 Plants. Picked up trash and cleaned the restrooms. Restocked doggie bags. Repaired sprinklers at. JRP. Serviced the online meters at the water plant and water tank. Serviced the meter at the well. Worked on hydraulic leak on the jet rodder truck. Attended the  board meeting.  26 Plants. Hauled spoil pile from the water plant yard to the green waste site. Hauled road base for pothole repairs. Worked on the sprinklers at. JRP. Repaired the hydraulic leak  on the jet rodder truck. Continued sewer main maintenance cleaning.  27 Plants. Pulled the chlorine samples. Continued the sewer main maintenance. Fixed potholes. Restock reject sand at the water plant yard. Spayed knapweed at the green  waste site.  28 Plants. Picked up trash and cleaned the restrooms. Continued the sewer: main  maintenance. Used 11461 gallons of water. Worked on sprinklers at JRP. Sprayed weeds  at the green waste site. Opened the site for resident hauling.  29-30 Plants. Seledon  2    9/25/2023 4:22:01PM  TOWN OF DOLORES Billing Period Report For1 9/1/2023- 9/30/2023 Includel Write OffA Accounts: True Amount" 48,974.00 -2,464.71 -46,697.91 -5,120.84 -970.44 -2,990.04 -3,449.02 -61,692.96 21,384.55 36.00 21,420.55 100.00 30,373.91 183.89 30,657.80 $39,359.39 Amount $2,891.81 $11,932.80 $682.44 $289.28 $4,298,05 $1,247.52 $42.65 $0.00 $66.68 $3,585.08 $3,770.50 $806.00 $4,439.74 $150.69 $504.89 $13,145.34 $266.72 $1,888.77 $100.00 $237.36 $0.00 $0.00 $1,441.86 $70.28 $0.00  Page 68 of69  Account Location Transaction' Type Active Hold Hold End Billing Period" Totals Balance Forward Payments & Credits Payment Cash Payment Check Payment Credit Card Payment E-Check SEWER ADJUSTMENT WATERA ADJUSTMENT Payments & Credits SEWER SEWER SEWER. ADJUSTMENT SEWER WATER RECONNECTFEE WATER WATER. ADJUSTMENT WATER Ending Balance Rate Codel Totals Rate Code SEWER CS1 COMMI IN TOWN $01 RESIDENT INT TOWN S02 RESIDENT OUT OF TOWN S03 RESIDENT INT TOWN1 1K S1K COMMSEWERIKMETER $90 SENIORI LID DISCOUNT S950UT SOJ. JEAN. JOHNSON AGREEMENT WATER C05 COMM. TAPI INT TOWN CW1 COMM INTOWN CW3 CM1KI INT TOWN MF1 100 GALI MULTIFAMILY INTOWN MF21 1KI MULTIF FAMILYI INTOWN MF31 1KC OUT OF TOWNI MULTIFAMILY MF41 100 GALI MULTIFAMILY OUT OF TOV RO1 RESIDENTI INT TOWN R02 RES. TOWN TAP RO3 RESIDENT OUT TOWN RECONNECT FEE RK1 RESIDENT 1KI METER TW1 TOWN WATER TW2 TOWN WATER1K W90 SENIORI LID DISCOUNT W950UT WDI WATERI DOCK1 1K Usage Totals  Transaction! Date 574 18 377 46 9 12 14 476 488 1 489 2 554 4 560 2,099  EID Last Reading New Reading Usage  Usage 500,100 1,774,900 70,500 253,000 1,377,000 247,200 2,400 100 0 500,200 725,000 97,900 912,000 18,000 30,900 1,772,700 0 175,100 42,600 67,400 242,000 248,000 3,700 209,000  Count 60 330 12 8 30 46  62 25 20 316 8 33 2 4 11 2 46 2 1    9/25/2023 4:22:01PM  TOWN OF DOLORES Billing Period Report For1 9/1/2023- 9/30/2023 Includel Write OffA Accounts: True Amount" 13,800 1,840,500 300 163,000 2,000 2,205,600 4,225,200 13,800 1,892,800 18,100 163,000 520,300 2,436,500 5,044,500 9,269,700  Page 690f69  Account Location Transaction* Type Active Hold Hold End SEWER Commercial MultiFamily Other PublicGovt Residential WATER Commercial MultiFamily Other PublicGovt Residential Total Usage Negative Usage Other Receipts Description COMNET FRANCHISE COURTFINES EMPIRE FRANCHISE MISC-GENERAL PARKS ANDE RECI REVENUE PROP TAX-OWNERSHIP PROPERTYTAX R&B1 TAX WATER DOCK Payment Type Cash Check Indicates non-finalized charge  Transaction! Date  EID Last Reading New Reading Usage  No customers were billed forr negative usagei int this period.  Amount $791.97 $230.00 $3,691.53 $3.00 $240.00 $1,361.94 $2,214.54 $289.65 $1,415.00 $10,237.63 Amount $-1,608.00 $-8,629.63 $-10,237.63    MONTEZUMA bunty  County Commissioners: Jim Candelaria Kent Lindsay Gerald Koppenhafer County Administrator: Travis Anderson  Board of County Commissioners  109 West Main, Room 260 Cortez, CO 81321 (970)565-8317 (970)565-3420Fax  FORI IMMEDIATE RELEASE September 29, 2023 Montezuma County Launches New Emergency Alert System Montezuma County, CO-( (9-29-23)  Montezuma County, along with Dolores County, hasl launched a new Emergency Alert System. The new Everbridge system will replace the current Nixle system as a way to send notifications to residents in the event ofe emergencies within the county. The county has used the Nixle system since 2007 but started to research better options in late 2022. "Our areal has grown and our needs have changed. Nixle was no longer fillingt those needs," said. Jim Spratlen, Montezuma County Emergency! Manager. The Everbridge system was chosen, and the 911 Authority One advantage oft the Everbridge system is the ability of law enforcement or emergency management to send alerts to specific neighborhoods or groups of people who might be affected by an emergency, rather than sending the alert tot the entire zip code. Itisa a more robust system with moref features, including the ability for residents to choose what kind of weather alerts they wish to receive, as well as' "quiet hours" when weather alerts willl be silenced. Alerts regarding an imminent threat to life cannot bes silenced and willl be received when needed. - Residents may choose to receive community messages, advisories, anda alerts via cell phone text, cell phone call, or The Everbridge system will serve all residents of Montezuma County, including those ini the municipalities. Unfortunately, those who were already signed upi fori thel Nixle system must register a new: account with Everbridge. Residents can: sign upt by downloading the Everbridge app or through the Everbridge website. Anyone who needs help signing up or who has questions or concerns is urged to callt the countyi information line at 970-  Board approved the upgrade in May oft this year.  email.  564-4998 for assistance.  ###  Vicki Shaffer Public Information Coordinator Montezuma County MONTEZUMA hanty Direct: (970): 564-2736 Cell: (970) 759-8975 Email: poeromontezumacous    Dolores Public Library  PO Box 847, Dolores, Colorado 81323  September 18, 2023 Town of Dolores Board PO Box 630 Dolores, CO 81323 Dear Board Members,  One of our current board trustees has stepped down because they had to move out of the district. We advertised for new trustee candidates and found an excellent replacement. We have asked Hassan Hourmanesh to replace Hassan has previous board experience as ai member and the Treasurer oft the High Desert Conservation District Board and holds an MBA in Business Administration from Utah State University. He has worked in high level positions for many impressive IT companies over his career, including Intel and Microsoft. He retired from a Senior management position in the IT sector in 2018 and moved here tol be closer to his wife's family. He actively participates in library programming and sees this position as a way to give back in addition to the property taxes that fund the Dolores School and Library Districts. In his correspondence he said, "I am excited to be given the opportunity to contribute my skills and knowledge to such a commendable and visible institution inl Dolores. Iwould like to extend my gratitude to Sean, the entire Board, and everyone involved in the selection process. Iam thrilled to begin this new role and be aj part of an organization that plays a vital role in our We would appreciate your appointment of Hassan Hourmanesh to the Dolores Library District Board of  the outgoing trustee. Hei is extremely well qualified to serve in this role.  community's intellectual, cultural, and physical development." Trustees. Please call us should you need more information.  Sincerely,  55  Sandra. Jumper, President B (970) 739-6692  Sean Gantt, Executive Director Dolores Library District (970) 882-4127  Dolores Library District Board ofTrustees    MA  TOWN OF DOLORES SEPTEMBER 2023    MONTEZUMA COUNTY: SHERIFF'S 730 EAST DRISCOLL: STREET CORTEZ, CO 81321 STEVE NOWLIN : SHERIFF 970-565-8452 970-564-3731  OFFICE  Dolores Summons Total Records: 21  CITATION CHARGES NUMBER C33227 Date Reported 9/6/2023 CITATION CHARGES NUMBER C33059 Date Reported 9/9/2023 CITATION CHARGES NUMBER Date Reported 9/16/2023 CITATION CHARGES NUMBER Date Reported 9/2/2023 CITATION CHARGES NUMBER Date Reported 9/14/2023 CITATION CHARGES NUMBER Date Reported 9/24/2023 CITATION CHARGES NUMBER Date Reported 9/24/2023 CITATION CHARGES NUMBER Date Reported 9/27/2023 10/02/2023 14:52  Count 1  Issuing Officer GILBERTO, JACOB  Count 1  Issuing Officer GUTTRIDGE, DAYLAN  Count 1  C30487 CRIMINAL VIOL 3RD DEGREE CRIMINAL TRESPASS  Issuing Officer FROST, THOMAS  Count  C32240 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE  Issuing Officer PARKER, TOMAS  Count  C33009 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE  Issuing Officer SUMMERS, ZACHARY  Count 1  C32242 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE  Issuing Officer PARKER, TOMAS  Count  C32243 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE  Issuing Officer PARKER, TOMAS  Count  C32867 CRIMINAL VIOL - ASSAULT. IN THE THIRD DEGREE  Issuing Ofificer WEST, MARC    CITATION CHARGES NUMBER  Count  C33226 CRIMINAL VIOL - ASSAULTIN THE THIRD DEGREE, CRIMINAL VIOL -1 DOMESTIC VIOLENCE 1  Date Reported 9/6/2023 CITATION CHARGES NUMBER Date Reported 9/17/2023 CITATION CHARGES NUMBER Date Reported 9/8/2023 CITATION CHARGES NUMBER Date Reported 9/30/2023 CITATION CHARGES NUMBER Date Reported 9/7/2023 CITATION CHARGES NUMBER Date Reported 9/6/2023 CITATION CHARGES NUMBER Date Reported 9/7/2023 CITATION CHARGES NUMBER Date Reported 9/7/2023 CITATION CHARGES NUMBER Date Reported 9/16/2023 10/02/2023 14:52  Issuing Officer GILBERTO, JACOB  Count  C30488 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE, CRIMINAL VIOL DOMESTIC VIOLENCE 1  Issuing Officer FROST, THOMAS  Count 1  C30486 CRIMINAL VIOL ASSAULTIN THE THIRD DEGREE, CRIMINAL VIOL - DOMESTIC  VIOLENCE, CRIMINAL VIOL CHILD ABUSE (M2), CRIMINAL VIOL CHILD ABUSE (M2)  Issuing Officer FROST, THOMAS  Count 1  C32688 CRIMINAL VIOL - CRIME OF VIOLATION OF AF PROTECTION ORDER  Issuing Officer HINTON, WRANGLER  Count 1  C32865 CRIMINAL VIOL- CRIME OF VIOLATION OF A PROTECTION ORDER (M1)  Issuing Officer WEST, MARC  Count 1  C33228 CRIMINAL VIOL - CRIME OF VIOLATION OF AF PROTECTION ORDER (M2)  Issuing Officer GILBERTO, JACOB  Count 1  C32238 CRIMINAL VIOL DROVE VEHICLE DUI ALCOHOL/DRUGS/OR BOTH  Issuing Officer LAMBERT, REBECCA  Count 1  C32864 CRIMINAL VIOL HARASSMENT STRIKE, SHOVE, KICK (M1)  Issuing Officer HILL, TAYLER  Count 1  C33329 CRIMINAL VIOL UNLAWFUL OWNERSHIP OF DANGEROUS DOG (M1)  Issuing Officer JEWELL, JARROD    CITATION CHARGES NUMBER Date Reported 9/18/2023 CITATION CHARGES NUMBER Date Reported 9/29/2023 CITATION CHARGES NUMBER  Count 1  C32866 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer WEST, MARC  Count 1  C33108 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer SMITH, STEVEN  Count 1  C33300 TRAFFIC VIOL-STATUTE DROVE MOTON/OFF-HIGHWA VEHICLE WHEN LICENSE  DENIED, TRAFFIC VIOL-STATUTE OWNER OPERATED/ALLOWEDTO BE OPERATED/AN UNINSURED MV ON PUB, TRAFFIC VIOL-STATUTE  DISPLAYP0SSESS/SALE/FICTTIOUS TITLE/PLATE/VALID TAB, TRAFFIC VIOL-STATUTE - RECKLESS DRIVING  Date Reported 9/1/2023 CITATION CHARGES NUMBER  Issuing Officer LANYON, JACOB  Count  C33229 TRAFFIC VIOL-STATUTE DROVE VEHICLE UNDER RESTRAINT ALCOHOL/DRUG OFFENSE, 1  CRIMINAL VIOL - DROVE VEHICLE DUI ALCOHOL/DRUGS/OR BOTH, TRAFFIC VIOL- STATUTE OPEN ALCOHOLIC BEVERAGE CONTAINER MOTOR VEHICLE PROHIBITED  Date Reported 9/7/2023  Issuing Officer GILBERTO, JACOB  10/02/2023 14:52    o 6 6 3    3 13 - - 0        -    00  4    :  e 00  0000 GR  1  ASR  oosoagoo  0 o  - N8 0000 4 0o  dio  00  ç  0  2    - 4  8058000  8 a  60  2y  3)    TREASURER'S REPORT TOWN OF DOLORES October 5, 2023  Petty Cash Hi-FiS Savings Account Checking Account Conservation Trust Fund ColoTrust Bonds Business Account (AFLAC) Playground Account/Donations TOTAL  $300.00 $624,538.13 $145,200.68 $23,512.39 $1,115,572.93 $582,173.15 $5,242.69 $3,182.33 $2,499,722.30    TOWN OF DOLORES RESOLUTION NO. 556 SERIES 2023  ARESOLUTION. AUTHORIZING THE TOWN TOI ENTER INTO A CONTRACT TO ACCEPT DONATION OF WHEREAS, the Town of Dolores, Colorado is a statutory town incorporated under thel laws of the state WHEREAS the Board of Trustees is authorized pursuant to Colorado law to enteri into agreements in order to acquire real property and land as may be necessary, or suitable for the publici interest. WHEREAS, a private nonprofit corporation, Dolores Community Center Association (Association), owns WHEREAS, the board of directors of the Association has expressed that it cannot continue to operate the Community Center and wishes to donate the building, its contents and bank account to the Town of WHEREAS, the Board of Trustees determines that the Community Center is an important social and economic resource to the citizens of the Town of Dolores and the loss oft the Community Center would WHEREAS, thel Board of Trustees determines that it isi in the best interest of the Town and its citizen to enter into a contract for the donation of the Community Center property with terms calling for the Town WHEREAS the Community Center property is generally described as ai tract of land in the NE4: 16-37-15 NMPM described int that deed recorded at Book 470 Page 08 in the real estate records of Montezuma County, Colorado. Town of Dolores. County of Montezuma. State of Colorado. Known by assessor's parcel number 5359-161-00-007. A final legal description will be determined by survey. WHEREAS the Board of Trustees finds that this parcel of property has value for the citizens of the Town of Dolores as a building for Town Hall to house offices for Town staff, the Town Marshal, boardroom and WHEREAS the Trustees find it necessary: and suitable and int the best interest of the Town for the health, safety and welfare oft the residents of the Town of Dolores that the Town of Dolores enter intoa contract for the donation of the within described real property as set forthi in this resolution. WHEREAS as contract for the acquisition oft the Community Center property is attached hereto as Exhibit NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OFI DOLORES as follows: 1. The Board of Trustees approves and authorizes the Town of Dolores to enter into the contract attached hereto as Exhibit 11 for the acquisition of the Community Center property.  REALI PROPERTY LOCATED AT4 400 RIVERSIDE AVE  of Colorado;  and operates a community center at 4001 Riverside ini the Town of Dolores.  Dolores.  negatively affect the community.  toe exercise due diligence prior to closing.  municipal court.  1.    2. The Board of Trustees appropriate and/or allocates thei funds necessary to payt the closing costs, survey and title work and other costs of due diligence associated with this purchase in an amount not to exceed $5,0001 from the general fund and authorizes the expenditure of the 3. The Board of Trustees appropriate and/or allocates the funds necessary to pay the cost of purchase, closing costs, title insurance, and other costs of closing and prorations, from the 4. The Town Manager and Mayor are authorized to execute the contract to purchase to the subject property at 400 Riverside, Dolores Colorado as described herein on thet terms described herein. The Town Manager and Mayor are authorized to execute any other documents that may be reasonably necessary in furtherance of the action contemplated in this resolution. 5. Ifany section, clause, phrase, word other provisions of this resolution shall for any reason be held invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases words or other provisions and the validity of this resolution shall stand INTRODUCED, READ AND PASSED AS A RESOLUTION AT THE SPECIAL MEETING OFTHE BOARD OF TRUSTEES OF THE TOWN OF DOLORES HELD ON SEPTEMBER 26, 2022, AT WHICH A QUORUM' WAS ADPOPTED by the Board of Trustees of the Town of Dolores, Colorado, October 9, 2023.  same.  general fund and authorizes the expenditure oft the same.  notwithstanding.  PRESENT.  THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By: Attest:  Mayor Leigh Reeves  Town Clerk Tammy Neely    1 The printed portions ofthis form, except differentiated additions, have been approved byt the Colorado Real Estate Commission.  2 (CBS3-6-21) (Mandatory 1-22) 5 OTHER COUNSEL BEFORE SIGNING.  3 6 7 8 9 10 11 12 13  4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR  CONTRACT TO BUY AND SELL REAL ESTATE Property with Residences-Residential Addendum Attached)  (COMMERCIAL) (D Property with No Residences)  Date: October 9, 2023  AGREEMENT  14 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell thel Property described below on thet terms and conditions set  15 forth in this contract (Contract). 16 2. PARTIES AND: PROPERTY.  17 19 20 22  2.1. Buyer. Towno ofDolores, a Colorado statutoryt town  (Buyer) will take title (Seller) is the current  18 tot thel Property described below as Joint' Tenants Tenants In Common Other,  2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions.  2.3. Seller. Dolores Community Center Association, a Colorado nonp profit corporation  21 owner ofthel Property described below. 23 (insert legal description):  2.4. Property. The Property is the: following legally described real estate in the County of Montezuma  Colorado  24 A1 tract ofl land in the NE4 16-37-15 NMPM described in that deed recorded at Book 470 Page 08 in the real estate 25 records of Montezuma County, Colorado. Town of Dolores. County of Montezuma. State of Colorado. Known by 26 assessor's parcel number 5359-161-00-007. A1 final legal description will be determined by survey.  27 28 30 33 34  29 known as: 400 Riverside, Dolores CO81323  Street Address  City  State  Zip  31 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of 35 included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV: antennas, inside 36 telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built- 37 in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers 39 Softeners L Security Systems L Satellite Systems (including satellite dishes). Leased items should be listed under 8 2.5.7. 40 (Leased. Items). Ifany additional items are attached to thel Property after the date of this Contract, such additional items are also 43 following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, 44 blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, 48 All appliances, fixtures, tables, chairs, dishes, silverware, chairs, stage, supplies and sundries, 50 audio visual equipment, and all other personal property presently located on the premises. Seller 51 will transfer the balance of its operating account and transfer its phone number, website and social  32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 2.5. Inclusions. The Purchase Pricei includes the following items (Inclusions):  2.5.1. Inclusions - Attached. Ifattached to the Property on the date of this Contract, the following items are  38 (including.  remote controls). If checked, the following are owned by the Seller and included: Solar Panels Water  41 included ini thel Purchase Price.  42 46 47 Purchase Price: 49  2.5.2. Inclusions - Not Attached. If on the Property, whether attached or not, on the date of this Contract, the 2.5.3. Other Inclusions. The following items, whether fixtures or personal property, are also included in the  45 heating stoves, storage sheds, carbon: monoxide alarms, smoke/fire detectors and alll keys.  52 media accounts to the Buyer upon closing.  CBS3-6-21. CONTRACTTOI BUY. AND SELLI REALESTATE/COMMERCIAL)  Pagelof20    53 55 encumbrances, except: 56 None 57 58 59 61 62 na 64  2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar pancls) must be conveyed at  54 Closing by Seller free and clear ofallt taxes (except personal property and general real estate taxes for the year of Closing), liens and  2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other 2.5.6. Parking and Storage Facilities. The use or ownership of the followingi parking facilities:  60 applicable legal instrument.  and the use or ownership of thei following storage facilities:  63 Note to. Buyer: Ifexact rights to the parking: and storage facilities is a concern tol Buyer, Buyer should investigate. 66 The local chapter of the Masonic Lodge and Montezuma County have the exclusive right to  2.5.7. Leased Items. The followingi personal property is currently leasedt to Seller which willl bei transferredi tol Buyer  65 at Closing (Leased Items):  67 68 possess limited storage areas on the subject property.  69 70 72 73 76 77 78 79 80 81 82 Na 83 84 85 86 88 89 90 none 91 92  2.5.8. Tradel Fixtures. With respect toi trade fixtures, Seller and Buyer agree as follows:  71 All to be conveyed upon closing.  The trade fixtures to be conveyed at Closing will be conveyed by Seller free and clear of all taxes (except personal  74 property taxes for the year ofClosing), liens and encumbrances, except. none 75 will be byb bill ofsale or other applicable legal instrument.  Conveyance  2.6. Exclusions. The following items are excluded (Exclusions):  Personal property belonging to the local chapter of the Masonic Lodge and Montezuma County.  2.7. Water Rights/Well Rights.  2.7.1. Deeded Water Rights. The following legally described water rights: Any deeded water rights willl be conveyed by a good and sufficient  deed at Closing.  2.7.2. Other Rights Relating to Water. The following rights relating to water noti includedi in 882.7.1,2.73.and  87 2.7.4., will be transferred tol Buyer at Closing:  2.7.3. Well Rights. Seller agrees to supply required information tol Buyer about the well. Buyer understands thati if  93 the well to be transferred is a "Small Capacity Well" or a' "Domestic Exempt Water Well" used for ordinary household purposes, 94 Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered 95 with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a 96 registration of existing well form for the well and pay the cost of registration. Ift no person will be providing a closing service in 97 connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit #i is  98 99 100 101 none 102 103 106 109  2.7.4. Water Stock Certificates. The water stock certificates tol be transferred at Closing are: as follows:  2.7.5. Conveyance. IfBuyer ist to receive any rights to water pursuant to $ 2.7.2. (Other Rights Relating to Water), 2.7.6. Water Rights Review. Buyer Does E Does Not have al Right to Terminate ife examination oft the Water  104 $2.7.3. .(Well Rights), or$2.7.4. (Water Stock Certificates), Seller agrees to convey suchi rights tol Buyer by executing the applicable  105 legal instrument at Closing.  107 Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline.  108 3. DATES, DEADLINES. AND. APPLICABILITY.  3.1. Dates and Deadlines.  CBS3-6-21. CONTRACTTOBUY AND SELLI REALI ESTATE (COMMERCIAL)  Page2uf20    Item No. Reference 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46  Event  Date or Deadline 5:00pm na November 3, 2023 1/26/2024 November 2, 2023 November 17, 2023 1/26/2024 na na na November 3, 2023  $3 $4 $8 $8 $8 $8 $8 $8 $7 $7 $10 $10 $5 $5 $5 $5 $5 $5 $5 $5 $4 $6 $6 $6 $9 $9 $9 $2 $8 $10 $10 $10 $10 $10 $10 $10 $10 $10 $10 $10 $11 $11 $12 $17 $17 $27  Time ofDay Deadline Alternative Earnest Money Deadline Title Record Title Deadline (and' Tax Certificate) Record' Title Objection Deadline Off-Record Title Deadline Off-Record Title Objection Deadline Title Resolution Deadline Third Party Right to Purchase/Approve Deadline Owners' Association Association Documents Deadline Association Documents Termination Deadline Seller's Disclosures Seller's Property Disclosure Deadline Lead-Based Paint Disclosure Deadline (if Residential Addendum attached) Loan and Credit New Loan Application Deadline New Loan' Terms Deadline New Loan Availability Deadline Buyer's Credit Information Deadline Disapproval of Buyer's Credit Information Deadline Existing Loan Deadline Existing Loan Termination Deadline Loan Transfer Approval Deadline Seller or Private Financing Deadline Appraisal Appraisal Deadline Appraisal Objection Deadline Appraisal Resolution Deadline Survey New ILCor New Survey Deadline New ILC or New Survey Objection Deadline New ILC or New Survey Resolution Deadline Inspection and Due Diligence Water Rights Examination Deadline Mineral Rights Examination Deadline Inspection Termination Deadline Inspection Objection Deadline Inspection Resolution Deadline Property Insurance' Termination Deadline Due Diligence Documents Delivery Deadline Due Diligence Documents Objection Deadline Due Diligence Documents Resolution Deadline Environmental Inspection Termination Deadline ADA Evaluation Termination Deadline Conditional Sale Deadline Lead-Based Paint' Termination Deadline (ifl Residential Addendum attached) Estoppel Statements Deadline Estoppel Statements Termination Deadline Closing and Possession Closing Date Possession Date Possession Time Acceptance Deadline Date  12/8/2023 12/16/2023 1/12/2024 11/24/2023 11/10/2023 11/24/2023 12/15/2023 11/3/2023 11/17/2023 11/17/2023  February8, 2024 November 1, 2023  CBS3-6-21. CONTRACTTOBUY. ANDS SELL. REALI ESTATE (COMMERCIAL)  Page3of20    47  $27  Acceptance Deadline Time  5:00pm  110  3.2. Applicability ofTerms. Ifany deadline blank in $3.1. (Dates and Deadlines) is left blank or completed with "N/A", 111 or the word' "Deleted," such deadline is not: applicable and the corresponding provision containing the deadline is deleted. Any box 112 checked in this Contract means the corresponding provision applies. Ifno box is checked in aj provision that contains a selection of 114 The abbreviation "MEC" (mutual execution of this Contract). means the date upon which both parties have signed this Contract. The  113 "None", such provision means that "None" applies. 115 abbreviation "N/A" as used in this Contract means not applicable.  116 117  3.3. Day; Computation of Period of Days; Deadlines.  3.3.1. Day. As used in this Contract, the term "day" means the entire day ending at 11:59 p.m., United States  118 Mountain Time (Standard or Daylight Savings, as applicable). Except however, ifa Time of Day Deadline is specified in $3.1. 119 (Dates and Deadlines), all Objection Deadlines, Resolution Deadlines, Examination Deadlines and" Termination Deadlines will end 120 on the specified deadline date at thet time of day specified in the Time of Day Deadline, United States Mountain' Time. IfTime of  121 Day Deadline is left blank or "N/A" the deadlines will expire at 11:59 p.m., United States Mountain Time.  122 124  3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the 3.3.3. Deadlines. Ifany deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such  123 ending datei is not specified, the first day is excluded and thel last dayi is included.  125 deadline Wili Willl Noth be extended to the. next day thati is nota Saturday, Sunday orl Holiday. Shouldi neither box be checked,  126 the deadline will not be extended. 127 4. PURCHASE PRICE. AND' TERMS. Item No. Reference Item  128  4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer asi follows:  Amount $ 10.00  Amount $ $ $ $ $ $10.00 $10.00  1 2 3 4 5 6 7 8 9 10  $4.1. $4.3. $4.5. $4.6. $4.7. $4.7. $4.4.  Purchase Price Earnest Money New] Loan Assumption Balance Private Financing Seller Financing Cash at Closing TOTAL  $10.00  129  4.2. Seller Concession. At Closing, Seller will credit to Buyer $-  (Seller Concession). The Seller  130 Concession may be used for: any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer's lender 131 and isi included in the Closing Statement or Closing Disclosure. at Closing. Examples ofa allowable items tol be paid for by the Seller 132 Concession include, but are not limited to: Buyer's closing costs, loan discount points, loan origination fees, prepaid items and any 133 other fee, cost, charge, expense or expenditure. Seller Concession isi in addition to any sum Seller has agreed to pay or credit Buyer 137 both Seller and Buyer. Thel Earnest) Money deposit must bei tendered, by Buyer, with this Contract unless they parties mutually agree 138 to an. Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to the 139 company conducting the Closing (Closing Company), ifany, at or before Closing. In the event Earnest Moneyl Holder has agreed to 140 havei interest on Earnest Money deposits transferredi toa ai fund established: fort thepurpose ofproviding affordablehousing to Colorado 141 residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest  134 elsewhere int this Contract.  135  4.3. Earnest Money. The Earnest Money set forth in this Section, in the form ofa NA  will be  136 payable to andl heldby Coloradn Title and Cinsings Services, LLC Cortez hranch  (Earnest Money Holder), ini its trust account, on behalf of  142 Money Holder in this transaction willl be transferred to such fund.  143 145  4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the 4.3.2. Disposition ofl Earnest Money. IfBuyer has al Right to Terminate and timely terminates, Buyer is entitled  144 time of tender oft this Contract, is as set forth as the Alternative Earnest Money Deadline.  146 to thei return ofEarnest Money as provided in chis Contract. Ift this Contract. is terminated: as set forthi in 8 24 and, except as provided 147 in $23 (Earnest Money Dispute), ift the Earnest Money has not already been returned following receipt ofal Notice to Terminate, 148 Seller: agrees to execute: andi retum tol Buyer orl Broker working with] Buyer, writteni mutual instructions (e.g., Earnest Money Release 149 form), within thrcc days of Seller's receipt of such form. Ifs Seller is entitled to the Earnest Money, and, except as provided in $23  CBS3-6-21. CONTRACTTOI BUY AND: SELLREAL: ESTATE (COMMERCIAL)  Page 4of20    150 (Earnest Money Dispute), ift the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release 151 form, Buyer agrees to execute andi return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money 154 Earnest Money Release Form, or other written mutual instructions, Seller is in default and liable tol Buyer as set forth in "Ifs Seller 157 Earnest Money Release! Form, or other written mutual instructions, Buyer is in default and liable to Seller as set forth in "If Buyer 161 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified 164 Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH 167 funds that arei immediately verifiable and available in an amount notl less than the amount stated as Cash at Closing in S 4.1. 170 must timely pay Buyer's loan costs, loan discount points, prepaid items and loan origination fees as required by lender. 172 Buyer, including a different loan than initially sought, except as restricted in $ 4.5.3. (Loan Limitations) or $29 (Additional  152 Release form), within three days of Buyer's reccipt.  153 156 159 160 163 166 168 169 171 173 Provisions). 174 175 Conventional JOther 176 178 presently at the rate of 179 Property Insurance Premium and 180 181 not exceed 185 188 not to exceed $ 189  4.3.2.1. Seller Failure to' Timely Return Earnest Money. IfSeller fails to timely execute and return the 4.3.2.2. Buyer Failure to Timely Release Earnest Money. Ifl Buyer fails to timely execute and return the  155 isin Default", S 20.2. and $21, unless Seller is entitled to thel Earnest Money due toal Buyer default. 158 isi in Default, S 20.1 and $ 21, unless Buyer is entitled tot thel Earnest Money due to a Seller Default.  4.4. Form of] Funds; Time of Payment; Available. Funds.  4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at 4.4.3. Available Funds. Buyer represents that Buyer, as oft the date of this Contract, Does I Does Not have 4.5.1. Buyer to Pay Loan Costs. Buyer, except as otherwise permitted in $ 4.2. (Seller Concession), ifa applicable, 4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans: 4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption Balance  162 check, savings and loan teller's check and cashier's check (Good Funds).  165 NONPAYINGPARTY WILLI BEI INDEFAULT.  4.5. New] Loan.  177 set forthi in $ 4.1. (Price and' Terms), presently payable at $  per  including principal andi interest  %1 per annum and alsoi including escrow for the following as indicated: Real Estate Taxes  Buyer agrees toj pay a loan transfer fee not to exceed $  At the time of assumption, the new interest rate will  %j per annum and the new payment will not exceed $  per  principal and ori ifany other terms or  182 interest, plus escrow, ifany. Ifthe actual principal balance ofthe existing loan at Closing is lesst than the Assumption Balance, which 186 from liability willl be evidenced by delivery D on or before Loan Transfer Approval Deadline at Closing of an appropriate 190 WARNING: Unless the transaction is exempt, federal and statel lawsi impose licensing, other requirements andi restrictions on sellers 191 andj private financiers. Contract provisions on financing and financing documents, unless exempt, should bej prepared by a licensed 192 Colorado attorney or licensedmortgage' loan originator. Brokers shouldr not prepare or advise thep parties on the specifics of financing,  183 causes the amount of cash required from Buyer at Closing to be increased by more than $ 184 provisions of the loan change, Buyer has the Right to Terminate under $ 24.1. on or before Closing Date. 187 letter of commitment from lender.. Any cost payable for release of liability will bej paid by  Seller DV Will Will Not bei released from liability on said loan. Tfapplicable, compliance with thet requirements for release  in an amount  4.7. Seller or Private Financing.  193 including whether or not aj party is exempt from thel law.  194 195 197 201  4.7.1. Seller Financing. Ifl Buyer is toj pay all or any portion oft thel Purchase Price with Seller financing, Buyer  Seller will dcliver thc proposcd Scllcr financing documents to thc othcr party on or bcforc  days bcforc Seller or  196 Private Financing Deadline.  4.7.1.1. Seller May' Terminate. IfSeller is to provide Seller financing, this Contract is conditional upon  198 Seller determining whether such financing is satisfactory to the Seller, including its payments, interest rate, terms, conditions, cost, 199 and compliance with the law. Seller has thel Right to Terminate under $ 24.1., on or before Seller or Private Finaneing Deadline, 202 financing, this Contract is conditional upon Buyer determining whether such financing is satisfactory to Buyer, including its 203 availability, payments, interest rate, terms, conditions, and cost. Buyer has the Right to' Terminate under $2 24.1., on or before Seller 204 or Private Financing Deadline, ifsuch Seller or private financing is not satisfactory tol Buyer, inl Buyer's soles subjective discretion.  200 ifsuch Seller financing is nots satisfactory to Seller, in Seller's soles subjective discretion.  4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the Purchase Price with Seller or private  CBS3-6-21. CONTRACTTOBUY, ANDSELLREALESTATESTATE/COMMERCIAL)  Page 5of20    205 207 210 211  TRANSACTION PROVISIONS  206 5. FINANCING CONDITIONS AND OBLIGATIONS.  5.1. New Loan Application. IfBuyer ist to pay ali or part of thel Purchase Price by obtaining one or more. new loans (New  208 Loan), ori if an existing loan is not to be released at Closing, Buyer, ifrequired by such lender, must make an application verifiable 209 by such lender, on or before New. Loan Application Deadline and exercise reasonable efforts to obtain such loan or approval. 212 conditional upon Buyer determining, in Buyer's sole subjective discretion, whether the proposed New Loan's payments, interest 213 rate, conditions and costs or any other loan terms (New) Loan' Terms) are satisfactory to Buyer. This condition is for the solel benefit 214 ofBuyer. Buyer has thel Right to Terminate under $ 24.1., on or before New Loan' Terms Deadline, ift the New Loan Terms are not 217 conditional upon Buyer's satisfaction with the availability oft thel New Loan based on the lender'sreview and underwriting of Buyer's 218 New Loan Application (New Loan Availability). Buyer has the Right to Terminate under $ 24.1., on or before the New Loan 219 Availability Deadline ift thel New] Loan. Availability is nots satisfactory tol Buyer. Buyer does not! have al Rightt to' Terminate based ont the 220 New Loan Availability if the termination is based on the New Loan' Terms, Appraised Value (defined below), the Lender Property 221 Requirements (defined below), Insurability (S 10.5. below) or the Conditional Upon Sale of Property (S 10.7. below). IF SELLERI IS 222 NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE BUYER'S WRITTEN NOTICE TO TERMINATE, BUYER'S 223 EARNEST MONEY WILL BE NONREFUNDABLE, except as otherwise provided in this Contract (e.g., Appraisal, Title, 5.3. Credit. Information. Ifan existing loani is not to bei released at Closing, this Contract is conditional (fort the solet benefit 226 ofSeller) upon Seller's approval of] Buyer's financial ability and creditworthiness, which approval willl be in Seller's soles subjective 227 discretion. Accordingly: (1). Buyer must supply to Seller by Buyer'sCredit) Information Deadline, atl Buyer's expense, information 228 and documents (including a current credit report) concerning Buyer's: financial, employment and credit condition; (2)) Buyer consents 229 that Seller may verify Buyer's financial ability and creditworthiness; and (3) any suchi information and documents: received by Seller 230 must be held by Seller in confidence and not released to others except toj protect Seller's interest in this transaction. If the Cash at 231 Closing is less than as set forth in $ 4.1. oft this Contract, Seller has thel Right to Terminate under $ 24.1., on or before Closing. If 232 Seller disapproves of Buyer's financial ability or creditworthiness, in Seller's sole subjective discretion, Seller has the Right to 235 documents (including note, deed oftrust and any modifications) to Buyer by] Existing Loan Deadline. For the sole benefit of] Buyer, 236 this Contract is conditional upon Buyer's review and approval oft the provisions of such loan documents. Buyer has the Right to 237 Terminate under $ 24.1., on or before Existing Loan Termination Deadline, based on any unsatisfactory provision of such loan 238 documents, in Buyer's sole subjective discretion, Ift the lender's approval of a transfer of the Property is required, this Contract is 239 conditional upon Buyer obtaining such approval without change in the terms of such loan, except as set forth in $ 4.6. Tf lender's 240 approval is not obtained by Loan Transfer Approval Deadline, this Contract will terminate on such deadline. Seller has thel Right 241 to' Terminate under $ 24.1., on or before Closing, in Seller's sole subjective discretion, if Seller is tol be released from liability under  5.2. New Loan' Terms; New Loan. Availability.  5.2.1. New Loan Terms. If Buyer is to pay all or part of the Purchase Price with al New Loan, this Contract is  215 satisfactory tol Buyer, inl Buyer's sole subjective discretion.  216  5.2.2. New Loan Availability. IfBuyeri is to pay all or part of thel Purchase Price with a New Loan, this Contract is  224 Survey). 225  233 Terminate under $24.1., on or before. Disapproval ofl Buyer's Credit Information Deadline.  234  5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan  242 such existing loan and Buyer does not obtain such compliance as: set forthi in $ 4.6.  243 6. APPRAISALI PROVISIONS. 247 valued at the. Appraised Value.  244 248 250 252 Objection Deadline: 253 254 or 255 257  6.1. Appraisal Definition. An' "Appraisal" is an opinion of value prepared bya a licensed or certified appraiser, engaged on 6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in 6.2.1. Conyentional/Other. Buyer has the right to obtain an Appraisal. Tf the Appraised Value is less than the  245 behalf of Buyer or Buyer's lender, to determine the Property's market value (Appraised Value). The Appraisal may also set forth 246 certain lender requirements, replacements, removals or repairs necessary on or to thel Property as a condition for thel Property to be  249 $4.5.3.,orifa cash transaction (i.e., no financing), $ 6.2.1. applies.  251 Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal  6.2.1.1. Notice to' Terminate. Notify Seller in writing, pursuant to $ 24.1., that this Contract is terminated; 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal  256 Appraisai or written notice from lender that confirms the. Appraised Value isl less than thel Purchase Price (Lender Verification). 258 Objection! Deadline andi if] Buyer and Seller have not agreed in writing to as settlement thereof on or before Appraisal Resolution 259 Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer's written withdrawal of 260 the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline).  CBS3-6-21. CONTRACTTOBUY, ANDS SELL: REALI ESTATE (COMMERCIAL)  Page 6of20    261  6.3. Lender Property Requirements. Ifthel lender imposes any written requirements, replacements, removals or repairs,  262 including any specified ini the Appraisal (Lender Property Requirements) to be made to the Property (e.g, roof repair, repainting), 263 beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following 264 Seller's receipt of the Lender Property Requirements, or Closing, unless prior to termination: (I) the parties enter into a written 265 agreement to satisfy the Lender Property Requirements; (2) the Lender Property Requirements have been completed; or (3) the  266 satisfaction of thel Lender Property Requirements is waived in writing by Buyer.  267 268  6.4. Cost of Appraisal. Cost of the Appraisal tol be obtained aftert the date oft this Contract must be timely paid! by! D Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company, lender's  269 agent or all three.  270 7. OWNERS' ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest 273 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF 274 THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS' ASSOCIATION FOR THE 275 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 276 ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 277 OBLIGATIONS UPON1 THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TOPAY, ASSESSMENTS 278 OF THE. ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD 279 PLACE. ALIEN ONTHE PROPERTY. AND. POSSIBLYS SELLITTOPAYTIEDEBT.THEDECLARATION,BYLAWS 280 AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING 281 CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A 282 COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF 283 PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL 284 OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE 285 DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE 288 at Seller's expense, on or before Association Documents Deadline. Seller authorizes the Association toj provide the Association 289 Documents tol Buyer, at Seller'sexpense. Seller's obligation to] provide the Association Documents is fulfilled upon Buyer'sreceipt 293 rules and regulations, party wall agreements and the Association's responsible governance policies adopted under $ 38-33.3-209.5, 296 such minutes include those provided under the most current annual disclosure required under $ 38-33.3-209.4, C.R.S. (Annual 297 Disciosure) and minutes ofmeetings, ifany, subsequent to the minutes disciosed in the. Annuai Disciosure. Ifnone of the preceding 298 minutes exist, then thes most recent minutes, if any (SS 7.3.1. and 7.3.2., collectively, Governing Documents); and 300 buti not limited to, property, general liability, association director and officer professional liability and fidelity policies. Thel list must 301 include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed  271 Communities and subject to one ori more declarations (Association).  272  7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON  286 ASSOCIATION. 287 291 292 294 C.R.S.; 295 299 303 305  7.2. Association Documents tol Buyer. Selleri is obligatedt toj provide tol Buyer the Association Documents (defined below),  290 oft the Association Documents, regardless ofv who] provides such documents.  7.3. Association Documents. Association documents (Association Documents) consist oft the following:  7.3.1. All Association declarations, articles ofincorporation, bylaws, articles of organization, operating agreements, 7.3.2. Minutes of: (1)t the annual owners' or members' meeting and (2) any executive boards' or managers' meetings; 7.3.3. List of all Association insurance policies as provided ini the Association's] last Annual Disclosure, including, 7.3.4. A list by unit type of the Association's assessments, including both regular and special assessments as 7.3.5. The Association's most recent financial documents which consist of: (1) the Association's operating budget  302 (Association Insurance! Documents);  304 disclosed in the Association's last Annual Disclosure;  306 for the current fiscal year, (2) the Association's most recent annual financial statements, including any amounts held in reserve for 307 the fiscal year immediately preceding the Association's last Annual Disclosure, (3) the results of the Association's most recent 308 available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the 309 Association* 's community association: manager or Association will charge in connection with the Closing including, but not limited 310 to, any fee incident to thei issuance oft the Association's: statement ofa assessments (Status Letter), any rush or update fee charged for 311 the Status Letter, any record change fee or ownership: record transfer fees (Record Change Fee), fees to access documents, (5)1 list of 312 all assessments required tol bej paid in advance, reserves or working capital due at Closing and (6) reserve study, ifany (88 7.3.4. and 315 C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction 316 Defect Documents). Nothing in this Section limits the Seller'so obligation to disclose adverse. material facts as required under S 10.2.  313 7.3.5., collectively, Financial Documents);  314  7.3.6. Any written notice from the Association to Seller of a "construction defect action" under $ 38-33,3-303.5,  CBS3-6-21. CONTRACTTOBUY. AND: SELLI REALI ESTATE (COMMERCIAL)  Page7of20    317 (Disclosure of Adverse Material Facts; Subsequent. Disclosure; Present Condition) including: any problems or defects in the common 320 Terminate under $ 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in 321 any of the Association Documents, in Buyer's sole subjective discretion. Should Buyer receive the. Association Documents after 322 Association Documents Deadline, Buyer, at Buyer's option, has the Right to Terminate under $ 24.1. by Buyer's Notice to 323 Terminate received by Seller on or before ten days after Buyer's receipt of the Association Documents. If Buyer does not receive 324 the. Association Documents, ori if Buyer's Notice to' Terminate would otherwise be required to be received by Seller after Closing 325 Date, Buyer's Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer's Notice to 326 Terminate within such time, Buyer accepts thej provisions ofthe Association Documents as satisfactory and] Buyer waives any Right 327 to Terminate under this provision, notwithstanding the provisions ofs 8.6. (Third Party Right to. Purchase/Approve).  318 elements or limited common elements of the Association property.  319  7.4. Conditional on Buyer's Review. Buyer has the right to review the Association Documents. Buyer has the Right to  328 8. TITLE INSURANCE, RECORD TITLE. AND OFF-RECORD1 TITLE.  329 330  8.1. Evidenee of Record Title.  8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance  331 company to furnish the owner's titlei insurance policy at Seller's expense. On or before Record' Title) Deadline, Seller must furnish 332 tol Buyer, a current commitment for an owner'st titlei insurance policy (Title Commitment), in an amount equal to the Purchase Price, 333 or ifthisl box is checked, Dan Abstract ofTifle certified to a current date. Seller will cause the title insurance policy tol bei issued 336 company to fumish the owner's titlei insurances policy at Buyer's expense. On or before Record' Titlel Deadline, Buyer must furnish to 337 Seller, a current commitment for owner's titlei insurance policy (Title Commitment), in an amount equal to thel Purchase Price. 340 Extended Coverage (OBC). Ifthe Title Commitment ist to contain OEC, it will commit to delete ori insure over thes standard exceptions 341 which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics' liens, (5) gap 342 period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid taxes, 343 assessments and unredeemed tax sales prior to the year ofClosing. Any additional premium expense to obtain OEC willl bej paid! by 345 Regardless of whether the Contract requires OEC, the Titlel Insurance Commitment may not provide OEC or delete or insure over 346 any or all oft the standard exceptions for OEC. The' Titlel Insurance Company may require al New Survey or New ILC, defined below, 347 among other requirements for OEC. Ifthe' Titlel Insurance Commitment: is not satisfactory tol Buyer, Buyer has a right to object under 350 conditions and restrictions burdening the Property and (2) copies of any other documents (or, ifi illegible, summaries of such 351 documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title 354 Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county 355 where the Property is located. The cost of furnishing copies of the documents required in this Section willl be at the expense of the  334 and delivered to Buyer as soon as practicable at or after Closing. 338 Ifneither box in $8.1.1. or $8.1.2.1 is checked, $ 8.1.1. applies.  335 x 339  8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance 8.1.3. Owner's Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner's  344 Buyer Seller One-Halfl by Buyer and One-Halfby Seller Other  348 $8.7.(Right to Object to' Title, Resolution).  349 352 Documents). 353 357 359  8.1,4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, 8.1.5. Copies of Titie Documents. Buyer must receive, on or before Record Ticie Deadiine, copies of all Titie 8.1.6. Existing Abstracts of Title. Seller must deliver tol Buyer copies of any abstracts oft title covering all or any 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the  356 party or parties obligated to pay fort the owner's title insurance policy.  358 portion oft the Property (Abstract ofTitle) in Seller's possession on or before Record Titlel Deadline.  360 Title Documents as set forthi in $8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer's 361 objection may be based on any unsatisfactory form or content of Title Commitment or Abstract ofTitle, notwithstanding $ 13, or 362 any other unsatisfactory title condition, in Buyer's sole subjective discretion. If the Abstract of Title, Title Commitment or Title 363 Documents arei notr received by Buyer on orl before the Record" Titlel Deadline, ori iftherei is an endorsement to the" Title Commitment 364 that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to 365 Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to: review and object to: (1) any 366 required' Titlel Document: nott timelyr received! by! Buyer,(2)any change tot the Abstract ofTitle,' Title Commitment or Titlel Documents, 367 or (3) any endorsement to the Title Commitment. If Seller receives Buyer's Notice to Terminate or Notice of Title Objection, 368 pursuant to this $ 8.2. (Record' Title), any title objection by Buyer is governed by thej provisions set forthi in $ 8.7. (Right to Object 369 to Title, Resolution). If Seller has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents required by $ 8.1. 370 (Evidence of] Record Title) and Seller does not receive Buyer's Notice to' Terminate or Notice of Title Objection by the appliçable 371 deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and' Title 374 surveys in Seller's possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without  372 Documents ass satisfactory.  373  8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Titlel Deadline, true copies of all existing  CBS3-6-21. CONTRACTTOE BUYANDS SELLREALESTATE (COMMERCIAL)  Page 8of20    375 limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of which 376 Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New Survey governed under $ 9 (New 377 ILC, New Survey). Buyerhas thei right toi inspect thel Property toi investigate: ifa any third party has any righti in thel Property not shown 378 by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer's Notice to' Terminate orl Notice of 379 Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed bys such inspection, notwithstanding $8 8.2. 380 (Record' Title) and S 13 (TransferofTitle), in] Buyer'ssole subjective discretion, must be received by Seller on or before Off-Record 381 Title Objection Deadline. Ifan Off-Record Matter is received by Buyer after the Off-Record Titlel Deadline, Buyer has until the 382 earlier ofClosing or ten days after receipt byl Buyer to review and object to such Off-Record. Matter. IfSeller receives Buyer's Notice 383 to Terminate orl Notice ofTitle Objection pursuant to this $ 8.3. (Off-Record Title), any title objection by) Buyer is governed byt the 384 provisions set forth in $8.7. (Rightt to Object to' Title, Resolution).. If Seller does noti receive Buyer's Notice to Terminate or Notice 385 ofTitle Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if 388 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 389 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 390 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 391 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 392 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE 393 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 394 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE: PROPERTY AND BY OBTAINING 395 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 398 that affect the Property (Tax Certificate) must be delivered tol Buyer on or before Record Title Deadline. Ift thel Property is located 399 within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer's sole subjective discretion, Buyer may 400 terminate, on or before Record' Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Titlel Deadline, 401 Buyer, at Buyer's option, has thel Right to' Terminate under $ 24.1. by Buyer's Notice to' Terminate received by Seller on or before 402 ten days after Buyer'sreceipt oft the Tax Certificate. IfBuyer does noti receive the Tax Certificate, ori if] Buyer'sl Notice to' Terminate 403 would otherwise be required tol bei received by Seller after Closing Date, Buyer'sNoticet to' Terminate must be received1 by Seller on 404 or before Closing. Ifs Seller does not receive Buyer'sl Notice to' Terminate within such time, Buyer accepts the provisions oft the' Tax 405 Certificate and thei inclusion of1 thel Property in a special taxing district, ifa applicable, as satisfactory and Buyer waives any Right to 406 Terminate under this provision. If Buyer's loan specified in $4.5.3, (Loan Limitations) prohibits Buyer from paying for the' Tax 409 refusal on thel Property, right to purchase thel Property under a lease or an option held by a third party toj purchase thel Property) ora 410 right ofa third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of 411 such right. Ifthe third-party holder ofs such right exercises its right this Contract will terminate. Ifthe third party's right toj purchase 412 is waived explicitly or expires, or the Contract is approved, this Contract will remain in fuli force and effect. Seiler must promptiy 413 notify Buyer in writing of thei foregoing. If the third party right toj purchasei is exercised or approval ofthis Contract has not occurred 414 on or before Third Party Right to Purchase/Approve. Deadline, this Contract will then terminate. Seller will supply to Buyer, in 8.7. Right to Object to' Title, Resolution. Buyer has a right to object or terminate, in Buyer's sole subjective discretion, 417 based on any title matters including those matters set forth in $ 8.2. (Record' Title), $ 8.3. (Off-Record" Title), $ 8.5. (Special Taxing 418 District) and $ 13 (Transfer ofTitle). If Buyer exercises Buyer's rights to object or terminate based on any such title matter, on or 421 Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or 422 before' Titlel Resolution Deadline, this Contract will terminate on the expiration of Titlel Resolution! Deadline, unless Seller receives 423 Buyer's written withdrawal of Buyer's Notice of' Title Objection (.e., Buyer's written notice to waive objection to suchi items and 424 waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record' Title 425 Deadline or the Off-Record Title Deadline, or both, are extended pursuant to $ 8.2. (Record Title) or S 8.3. (Off-Record Title) the 426 Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer's reccipt of the  386 any, of third parties not shown by public records ofwhich Buyer has actual knowledge.  387  8.4. Speciai Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECTT TO GENERAL OBLIGATION  396 RECORDER, ORTHE COUNTY ASSESSOR.  397  8.5. Tax Certificate. A1 tax certificate paid: for by Seller Buyer, for thel Property listing any special taxing districts  407 Certificate, the Tax Certificate willl be paid for by Seller.  408  8.6. Third Party Right to' Purchase/Approye. Ifany third party has a right to purchase the Property (e.g., right of first  415 writing, details of any Third Party Rightt to! Purchase the Property on or before thel Record Title Deadline.  416 420  419 before the applicable deadline, Buyer has the following options:  8.7.1. Title Objection, Resolution. IfSeller receives Buyer's written notice objecting to any title matter (Notice of  427 applicable documents; or  428 430  8.7.2. Title Objection, Right to' Terminate. Buyer may exercise the Right to Terminate under 8 24.1., on or before 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed  429 the applicable deadline, based on any title matter unsatistactory to Buyer, in Buyer's sole subjective discretion.  431 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of thel Property, 432 including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations,  CBS3-6-21. CONTRACTTOBUY, ANDS SELLI REALI ESTATE (COMMERCIAL)  Page 9of20    433 unrecorded easements and claims of easements, leases and other unrecorded: agreements, water on or under the Property and various 436 PROPERTY MAYI BE OWNED SEPARATELY. FROM' THE UNDERLYING MINERAL: ESTATE AND TRANSFER OF 437 THESURFACE ESTATE MAYNOTI NECESSARILYI INCLUDE: TRANSFER OFTHE MINERAL ESTATEC OR WATER 438 RIGHTS. THIRD PARTIES MAY OWN ORI LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL 439 ENERGY OR WATER ON ORI UNDER' THE SURFACE OF THEI PROPERTY, WHICH INTERESTSMAYGIVETHEM 440 RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE: MNERAL ESTATE, OIL, 443 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A 444 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 447 TOTHE PROPERTY MAYINCLUDE, BUTISNOTIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 448 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING 451 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING 452 DRILLING PERMIT APPLICATIONS. THIS INFORMATION: MAY BE. AVAILABLE FROM THE COLORADO OIL  434 laws and governmental regulations concerning land use, development and environmental matters.  435  8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE  441 GAS OR WATER. 442 445 RECORDER. 446 450 454 456 459 460 461 464 466 467 468 471 473 477 480 481 483  8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE. ESTATE OF THE PROPERTYTO 8.8.3. OIL AND GAS ACTIVITY. OIL. AND GAS ACTIVITY THAT MAY OCCUR ON OR. ADJACENT 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL 8.8.5. Title. Insurance Exclusions.. Matters set forthi in this Section and others, may be excepted, excluded from, or 8.9. Mineral Rights Review. Buyer D Does Does Not have a Right to Terminate if examination oft the Mineral 9.1. New ILC or New Survey. Ifthel box is checked, (1) D New Improvement. Location Certificate (New ILC); or,(2) 9.1.1. Ordering ofl New ILC or New Survey. Seller D Buyer will order thel New ILC or New Survey. The 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey willl be paid, on or before 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, thei issuer oft the Title Commitment (or the provider of 9.1.4. Certification of] New ILC orl New Survey. Thel New ILC orl New Survey willl be certified by the surveyor to 9.2. Buyer's Right to Waive or Change New ILC or New Survey Selection. Buyer may select al New ILC or New 9.3. New ILC or New Survey Objection. Buyer has the rightt tor review and object based on thel New ILC or New Survey. 9.3.1. Notice to' Terminate. Notify Seller in writing, pursuant to $ 24.1, that this Contract is terminated; or 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be 9.3.3. New ILC or New Survey Resolution. Ifal New ILC or New Survey Objection is received by Seller, on or  449 OF CURRENT WELLS. AND GAS GATHERING AND PROCESSING FACILITIES.  453 AND GAS CONSERVATION COMMISSION. 455 not covered by the owner's title insurance policy. 458 9. NEWILC, NEW SURVEY. New Survey int the form of  457 Rights is unsatistactory tol Buyer on or before the Mineral Rights Examination Deadline.  ;isr required and the following will: apply:  462 New ILC or New Survey: may also be aj previous ILC or survey that isi ini the above-required form, certified and updated as ofa date  463 after the date of this Contract. 465 Closing, by: L Seller D Buyer or:  469 the opinion of title if an Abstract ofTitle) and buyer's attorney 472 all those who aret to receive thel New ILC orl New Survey.  will receive al New ILC orl New Survey on or before New  470 ILC or New Survey Deadline.  474 Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New 475 Survey Objection Deadline. Buyer may, in Buyer's sole subjective discretion, waive al New ILC or New Survey if done prior to 478 Ifthe New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer's sole subjective discretion,  476 Seller incurring any cost fort the same.  479 Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding 8 8.3. or $ 13: 482 shown or is shown int thel New ILC or New Survey thati is unsatisfactory and that Buyer requires Seller to correct.  484 before New] ILC or New Survey Objection Deadline andi if] Buyer and Seller have not agreed in writing to a settlement thereof on 485 orl before New ILC orl New Survey Resolution Deadline, this Contract willt terminate on expiration ofthel New ILC or New Survey 486 Resolution Deadline, unless Seller receives Buyer's written withdrawal of the New ILC or New Survey Objection' before such  487 termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline).  CBS3-6-21. CONTRACTTOBUY, AND SELL. REALI ESTATE/COMMERCIAL)  Page 10of20    488 490 493  DISCLOSURE, INSPECTION. AND DUE DILIGENCE  489 10. PROPERTY: DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY AND DUEI DILIGENCE. 491 the most current version oft the applicable Colorado Reall Estate Commission" 's Seller'sProperty Disclosure form completed by Seller 494 any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material 495 facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely 496 disclose such adverse fact to. Buyer, Buyer has thel Right to' Terminate based on the Seller's new disclosure on1 the earlier of Closing 497 or five days after Buyer's receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that 500 (by one or more third parties, personally or both) oft thel Property, Leased! Items, andl Inclusions (Inspection), atl Buyer's expense. If 501 (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the 502 electrical, plumbing, HVAC: and other mechanical systems of the Property, (2) the physical condition oft thel Inclusions and Leased 503 Items, (3) service to the Property (including utilities and communication services), systems and components of thel Property (e.g., 504 heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or 505 noise (whether on or offt the Property) and its effect or expected effect on the Property ori its occupants is unsatisfactory, in! Buyer's 508 pursuant to $2 24.1., thatt this Contract ist terminated due to any unsatisfactory condition, provided thel Buyer did not] previously deliver 509 an Inspection Objection. Buyer'sRight to Terminate under this provision expires upon delivery of an Inspection Objection to Seller  10.1. Seiier's Property Disciosure. On or before Seller's Property Disciosure Deadline, Seiler agrees to deliver tol Buyer 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose tol Buyer  492 to Seller's actual knowledge and current as of the date oft this Contract.  498 Seller is conveying the Property tol Buyer: in an' As Is" condition, "Wherel Is" and "With AII Faults."  499  10.3. Inspection. Unless otherwise provided: in this Contract, Buyer, actingi in good faith, has the right to have inspections  506 soles subjective discretion, Buyer may:  507 511 513  10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing, 10.3.2. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written 10.3.3. Inspection Resolution. Ifan Inspection Objection is received by Seller, on or before Inspection Objection  510 pursuant to $ 10.3.2.;or  512 description ofany unsatisfactory condition that Buyer requires Seller to correct.  514 Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, 515 this Contract will terminate on inspection Resolution Deadiine uniess Seiler receives Buyer's written withdrawal oft the inspection 516 Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision 517 prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by 520 between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at 521 Buyer's request (Work) and must pay for any damage that occurs to thel Property and Inclusions as a result of such Work. Buyer 522 must not permit claims or liens of any kind against thel Property for Work performed on the Property. Buyer agrees to indemnify, 523 protect and hold Seller harmless firom and against any liability, damage, cost or expense incurred by Seller and caused by any such 524 Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against 525 any such liability, damage, cost or expense, or to enforce this Section, including Seller's reasonable attorney fees, legal fees and 526 expenses. The provisions of this Section survive the termination of this Contract. This $ 10.4. does not: apply to items performed 529 Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance 533 pertaining to thel Property andLeased Ttems (Due Diligencel Documents) tol Buyer on or before Due Diligence Documents Delivery 536 agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing  518 executing an Earnest Money Release.  519  10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement  527 pursuant to an Inspection Resolution.  528 531 532 534 Deadline: 535 538 539 540 544  10.5. Insurability. Buyer has the Right to Terminate under $24.1., on or before Property Insurance Termination  530 (Property Insurance) on thel Property, in Buyer's sole subjective discretion.  10.6. Due Diligence.  10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information  10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy  537 are as follows (Leases):  10.6.1.2. Leased Items Documents. Ifany lease of personal property (S 2.5.7., Leased Items) will be  541 transferred to Buyer at Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal property to 542 Buyer on or before Due Diligence Documents Delivery Deadline. Buyer D Will D Will Not assume the Seller's obligations  543 under such leases for the Leased! Items (S 2.5.7.,Leased Items).  CBS3-6-21. CONTRACTTOBUY AND: SELLI REALESTATE(COMMERCIAL)  Page 11 of20    545 549 550 551 of the following: 552 553 Property; 554 555 558 559 560 561 563 565 567  10.6.1.3. Encumbered Inclusions Documents. If any Inclusions owned by Seller are encumbered  546 pursuant to $ 2.5.4. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other 547 documents creating the encumbrance tol Buyer on or beforel Duel Diligence Documents Delivery Deadline. Buyer D Will D Will  548 Not assume the debt on the Encumbered Inclusions (S 2.5.4., Encumbered Inclusions).  10.6.1.4. Other Documents. Ifthe respective box is checked, Seller agrees to additionally deliver copies  D  10.6.1.4.1. All contracts relating to the operation, maintenance and management of the 10.6.1.4.3. As-built construction plans tot thel Property and thet tenanti improvements, including  10.6.1.4.2. Property tax bills for thel last  years;  556 architectural, electrical, mechaniçal and structural systems; engineering reports; and permanent Certificates of Occupancy, to the  557 extent now available;  10.6.1.4.4. A list of all Inclusions to be conveyed tol Buyer; 10.6.1.4.5. Operating statements for the past two 10.6.1.4.6. A rent roll accurate and correct tot the date of this Contract;  years;  10.6.1.4.7. A schedule of any tenant improvement work Seller is obligated to complete but 10.6.1.4.8. All insurance policies pertaining to the Property and copies of any claims which 10.6.1.4.9. Soils reports, surveys and engineering reports or data pertaining to the Property (if 10.6.1.4.10. Any and all existing documentation and reports regarding Phase I and II  562 has not yet completed and capital improvement work either scheduled ori inj process ont the date oft this Contract;  564 have been made for the past. years; 566 not delivered earlier under S 8.3.);  568 environmental: reports, letters, test results, advisories and similar documents respective to the existence or nonexistence of asbestos, 569 PCB transformers, or other toxic, hazardous or contaminated substances and/or underground storage tanks and/or radon gas. Ifno 570 reports are in Seller's possession or known to Seller, Seller warrants that no such reports are in Seller's possession or known to  571 Seller; 572 574 577 579 581 582 583 586 587 or 588 590  10.6.1.4.11. Any Americans with Disabilities Act reports, studies or surveys concerning the 10.6.1.4.12. All permits, licenses and other building or use authorizations issued by any  573 compliance of thel Property with said Act; 576 authorizations, ifany; and  575 governmental authority with jurisdiction over the Property and written notice of any violation of any such permits, licenses or use 578 Copies of any agreements the local chapter of the Masonic Lodge, Montezuma County and  D  10.6.1.4.13. Other:  any  580 other person/entity having the right to a private storage area.  10.6.2. Duel Diligence. Documents. Review and Objection. Buyer hast thes rightt toi review and object based ont thel Due  584 Diligence Documents. If thel Due Diligence Documents are not supplied to! Buyer or are unsatisfactory, in Buyer's sole subjective  585 discretion, Buyer may, on or before Duel Diligence Documents Objection Deadline: 589 unsatisfactory Duel Diligence Documents that Buyer requires Seller to correct.  10.6.2.1. Notice to' Terminate. Notify Selleri in writing, pursuant to $24.1., thati this Contracti ist terminated; 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any 10.6.2.3. Duel Diligence Documents Reselution. Ifal Due Diligence Documents Objection is received by  591 Seller, on orl before Duel Diligence Documents Objection Deadline andi ifBuyer and Sellerhave nota agreedi in writing toasettlement 592 thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents 593 Resolution Deadline unless Seller receives Buyer's written withdrawal of the Due Diligence Documents Objection before such 596 Deadline, based on any unsatisfactory zoning and any use: restrictions imposed by any governmental agency with jurisdiction over 599 Property including Phasel I and Phase III Environmental Site Assessments, as applicable. Seller DE Buyer will order or provide 600 Phasel I Environmental Site Assessment, Phasel II Environmental Site. Assessment (compliant with most current version of the 602 at the expense of D Seller D Buyer (Environmental Inspection). In addition, Buyer, at Buyer's expense, may also conduct an 603 evaluation whether the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and  594 termination (i.e., on or before expiration of] Due Diligence Documents Resolution Deadline.  595 598  10.6.3. Zoning. Buyer has thel Right to' Terminate under S 24.1., on or before Duel Diligence Documents Objection 10.6.4. Due Diligence - Environmental, ADA. Buyer has the right to obtain environmental inspections of the  597 thel Property, in Buyer's sole subjective discretion.  601 applicable ASTM: E1527 standard practices for Environmental Site Assessments) and/or  CBS3-6-21. CONTRACTTOBUY AND SELLI REALI ESTATE (COMMERCIAL)  Page 12of20    604 evaluations must be conducted at such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's 608 Objection Deadline) and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date, the 609 Closing Date will be extended a like period of time. In such event, Seller - Buyer must pay the cost for such Phase II 612 Right to' Terminate under $ 24.1., on or before Environmental Inspection Termination Deadline, or ifa applicable, the Extended 613 Environmental Inspection Objection Deadline, based on any unsatisfactory results of Environmental Inspection, in Buyer's sole  605 tenants' business uses oft thel Property, ifa any. 607 Inspection Termination Deadline will be extended by.  606  hyeraaglEvimnaa Site Assessment recommends al Phasel III Environmental Site Assessment, thel Environmental  days (Extended Environmental Inspection  610 Environmental Site Assessment. 614 subjective discretion.  611 615 617  Notwithstanding Buyer's. right to obtain additional environmental inspections of the Property in this 5 10.6.4., Buyer has the Buyer has the Right to Terminate under $ 24.1., on or before ADA Evaluation Termination Deadline, based on any 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property  616 unsatisfactory ADA Evaluation, in Buyer's sole subjective discretion.  618 owned byl Buyer and commonly! known as  Buyer has  619 the Right to Terminate under $ 24.1. effective upon Seller's receipt of] Buyer's] Notice to' Terminate on or before Conditional Sale 620 Deadline if such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not 621 receive Buyer's Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this  622 provision. 623 625  10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Intentionally Deleted See 10.9. Existing) Leases; Modification of] Existing Leases; New Leases. Seller states that none oft thel Leases to be assigned  624 Residential. Addendum if applicable!  626 tot the Buyer at thet time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in thel Lease 627 or other writing received by Buyer. Seller willi not amend, alter, modify, extend or cancel any oft the Leases nor will Seller enteri into 628 any new leases affecting the Property without the prior written consent of] Buyer, which consent will not be unreasonably withheld  629 or delayed. 630 631 632 634 638 639 640 amendments; 641 642 643 644 646 649  10.10. Lead-Based. Paint. Intentionally Deleted - See Residential Addendum if applicablel 10.11. Carbon Monoxide Alarms. Intentionally Deleted. See Residential Addendum if applicable] 10.12. Methamphetamine Disclosure. [Intentionally Deleted Seel Residential. Addendum if applicable)  633 11. TENANT ESTOPPEL STATEMENTS. 637 attached to a copy oft thel Lease stating:  11.1. Estoppel Statements Conditions. Buyer has the right to review and object to any Estoppel Statements. Seller must  635 request from all tenants of the Property and if received by Seller, deliver to Buyer on or before Estoppel Statements Deadline, 636 statements in ai form ands substance reasonably: acceptablet tol Buyer, from each occupant ort tenant att thel Property (Estoppel Statement)  11.1.1. The commencement date of thel Lease and scheduled termination date oft thel Lease; 11.1.2. That said Lease is in full force and effect and that there have been no subsequent modifications or 11.1.3. The amount of any advance rentals paid, rent concessions given and deposits paid to Seller; 11.1.4. The amount of monthly (or other applicable period) rental paid to Seller; 11.1.5. That there is no default under thet terms of said Lease by landlord or occupant; and  11.1.6. That the Lease to which thel Estoppel Statement is attached is a true, correct and complete copy oft the Lease 11.2. Seller Estoppel Statement. In the event Seller does not reçeive from all tenants of the Property a completed signed 11.3. Estoppel Statements Termination. Buyer has the Right to Terminate under $24.1., on or before Estoppel  645 demising the premises it describes.  647 Estoppel Statement, Seller agrees to complete and execute an Estoppel Statement setting forth the information and documents 650 Statements Termination Deadline, based on any unsatisfactory Estoppel Statement, in Buyer's sole subjective discretion, or if 651 Seller fails to deliver the Estoppel Statements on or before Estoppel Statements Deadline. Buyer also has the unilateral right to  648 required $11.1. above and deliver the same to Buyer on or before Estoppel Statements Deadline.  652 waive any unsatisfactory Estoppel Statement.  653 655  CLOSING PROVISIONS  654 12. CLOSING. DOCUMENTS, INSTRUCTIONS. AND CLOSING.  12.1. Ciosing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable  656 the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is 657 obtaining a loan to purchase the Property, Buyer acknowledges Buyer's lender is required to provide the Closing Company, in a 658 timely manner, all required loan documents and financial information concerning Buyer's loan. Buyer and Seller will furnish any  CBS3-6-21. CONTRACTTOBUY AND SELLREALI ESTATE (COMMERCIAL)  Page 13of20    659 additional information and documents required by Closing Company that willl be necessary to complete this transaction. Buyer and  660 Seller will sign and complete all customary or reasonably required documents at or before Closing.  661 662 this Contract. 663 666 668  12.2. Closing Instructions. Colorado Real Estate Commission's Closing Instructions Are Are Not executed with 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between 12.5. Assignment ofLeases. Seller must assign to. Buyer all Leases at Closing that will continue after Closing and Buyer  664 the Closing Date or by mutual agreement at an earlier date. At Closing, Seller agrees to deliver a set of! keys for the Property to  665 Buyer. The hour and place ofClosing willl be as designated by Closing agent  667 different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 670 leases for the Leased Items accepted by Buyer pursuant to $2.5.7.(Leased) Items).  669 musta assume Seller's obligations under such] Leases. Further, Seller must transfer tol Buyer all Leased Items and assign tol Buyer such 671 13. TRANSFER OF TITLE. Subject tol Buyer's compliance with the terms and provisions of this Contract, including the tender 672 ofany payment due at Closing, Seller must execute and deliver the: following good and sufficient deed to Buyer, at Closing: D 673 special warranty deed D general warranty deed D bargain and sale deed D quit claim deed D personal representative's deed  674 D 676  deed. Seller, provided another deed is not selected, must execute and deliver a good and  675 sufficient special warranty deed to Buyer, at Closing.  Unless otherwise. specified in $ 29 (Additional Provisions), ift title willl be conveyed using as special warranty deed or a general  677 warranty deed, title will be conveyed "subject to statutory exceptions" as defined in $38-30-113(5)(a), C.R.S.  678 14. PAYMENT OFI LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens 679 or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special 680 improvements installed as oft the date of Buyer's signature hereon, whether assessed or not, and previous years' taxes, will be paid 682 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND  681 ator before Closing by Seller from thej proceeds of this transaction or from any other source.  683 WITHHOLDING.  684 686 688 691 693 695 698 700 702 704 707 708 $ 709 710 712 714  15.1. Closing Costs. Buyer and Seller must pay, in Good] Funds, their respective closing costs and all other items required 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to 15.3.1. Status Letter Fee. Any feei incident tot thei issuance of Association* 's Status Letter must be paid by D Buyer 15.3.2. Record Change Fee. Any Record Change Feet must be paid by! D Buyer Seller One-Halfbyl Buyer 15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will bej paid by D 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by D Buyer L Seller One-Half by 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by 15.6. Private Transfer Fee. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing, 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed  685 to be paid at Closing, except as otherwise provided herein. 687 One-Halfby Buyer and One-Half by Seller Other. 690 associated with or specified in1 the Status Letter will be paid as follows: 692 Seller JOne-Halfby' Buyer and One-Half by Seller E N/A.  689 promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees  694 and One-Haifby! Seiier E N/A.  696 Association Assessments as defined in $ 16.2. (Association Assessments), reserves or working capital due at Closing must bej paid  697 by Buyer Seller DOne-Halfl by Buyer and One-Half by Seller N/A. 699 Buyer Seller D One-Half by Buyer and One-Halfby Seller N/A. 703 Buyer LJ Seller DOne-Halfbyl Buyer and One-Halfby! Seller D N/A.  701 Buyer and One-Halfl by Seller E N/A.  705 such as community association fees, developer fees and foundation fees, must be paid at Closing by D Buyer L Seller  706 JOne-Halfbyl Buyer and One-Half by Seller E N/A,  for: Water Stock/Certificates Augmentation: Membership  Water District Small Domestic Water Company  711 and must be paid at Closing by Buyer Seller One-Halfbyl Buyer and One-Half by Seller D N/A.  15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be  713 paid by a Buyer Seller One-Halfl by Buyer and One-Half by Seller ON/A.  15.9. FIRPTA and Colorado Withholding.  CBS3-6-21. CONTRACTTOBUY. AND SELLI REALI ESTATE (COMMERCIAL)  Page 14of20    715  15.9.1. FIRPTA. Thel Internal Revenue Service (IRS) may require a substantial portion of the Seller's proceeds be  716 withheld after Closing when Selleri is a foreign person. Ifrequired withholding does not occur, the Buyer could bel held liable for the 717 amount of the Seller's tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller ISaf foreign 718 person for purposes ofU.S. income taxation. Ift thel box in this Section is not checked, Seller represents that Seller is not ai foreign 719 person for purposes ofU.S. income taxation. Seller agrees to cooperate withl Buyer and Closing Company to provide any reasonably 720 requested documents to verify Seller's foreign person status. If withholding is required, Seller authorizes Closing Company to 721 withhold such amount from Seller'sproceeds. Seller should inquire with Seller's tax advisor to determine ifwithholding applies or 724 be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to 725 cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller's status. Ifwithholding 726 is required, Seller authorizes Closing Company to withhold such amount from Seller's! proceeds. Seller should inquire with Seller's  722 ifan exemption exists.  723  15.9.2. Colorado Withholding. The Colorado! Department of Revenue may require aj portion oft the Seller'sp proceeds  727 tax advisor to determine if withholding applies or if an exemption exists. 728 16. PRORATIONS. AND. ASSOCIATION. ASSESSMENTS.  729 730 734 737 738 739  16.1. Prorations. The following willl bej prorated tot the Closing Date, except as otherwise provided:  16.1.1. Taxes. Personal property taxes, ifa any, special taxing district assessments, ifany, and general real estatet taxes 16.1.2. Rents. Rents based on E Rents Actually Received 4 Acerued.. At Closing, Seller will transfer or credit 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final. 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in  731 for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing DI Most Recent Milll Levy 732 and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled 735 to. Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in  733 veteran exemption or D Other NA  736 writing of such transfer and of thet transferee's1 name and address.  740 advancewill be credited to Seller at Closing. Cash reservesl held out ofthei regular Association Assessments for deferred maintenance 741 by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer 742 acknowledges that Buyer mayl be obligated toj pay the Association, at Closing, an amount fori reserves or working capital.. Any special 743 assessment assessed prior to Closing Date byt the Association" willl be the obligation of D Buyer Ds Seller. Except however, any 744 special assessment by the Association for improvements that have been installed as of the date of Buyer's signature hereon, whether 745 assessed prior to ora after Closing, willl bet the obligation ofSeller unless otherwise specified: in Additional Provisions. Sellerrepresents 746 there are no unpaid regular or special assessments against the Property except the current regular assessments and 748 17. POSSESSION. Possession ofthel Property and Inclusions will be delivered tol Buyer on Possession Date atl Possession Time,  747 750 753  Association Assessments are subject to change as providedi in the Governing Documents.  749 subject to thel Leases as set forth in $ 10.6.1.1.  IfSeller, after Closing occurs, faiis to deliver possession as specified, Selier will be subject to eviction and will be additionally  751 liable tol Buyer, notwithstanding $ 20.2. (If Seller isi in Default), for payment ofs.  per day (or any part of a day  752 notwithstanding 8 3.3., Day): from Possession Date: and Possession Time until possession is delivered.  GENERAL PROVISIONS  754 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION: AND 755 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the 758 prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the 759 damage willl be paid byi insurance (other than the deductible tol be paid! by Seller), then Seller, upon receipt oft thei insurance proceeds, 760 will use Seller's reasonable efforts to repair the Property before Closing Date. Buyer has thel Right to Terminate under 8 24.1., on 761 or before Closing Date, ift thel Property is not repaired before Closing Date, ori ift the damage exceeds such sum. Should Buyer elect 762 to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were 763 received by Seller (but not the Association, ifa any) resulting from damage to the Property and Inclusions, plus the amount of any 764 deductible provided: for in thei insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received 765 the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to 766 Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller's 767 insurance company and Buyer'sl lender; or (2) the parties may enteri into a written agreement prepared by thep parties ort their attorney  756 condition existing as of the date oft this Contract, ordinary wear and tear excepted.  757  18.1. Causes ofLoss, Insurance. In the event thel Property or Inclusions are damaged by fire, other perils or causes of loss  CBS3-6-21. CONTRACTTOBUY, AND SELL: REALI ESTATE (COMMERCIAL)  Page 15of20    768 requiring the Seller to escrow at Closing from Seller's sale proceeds the amount Seller has received and will receive due to such 769 damage, not exceeding thet total Purchase Price, plus the amount of any deductible that applies tot thei insurance claim. 771 system, component or fixture of thel Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 772 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 773 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 774 replacement of suchl Inclusion or Service is not the responsibility of the Association, ifany, less any insurance proceeds received by 775 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not. repaired or replaced on or before 776 Closing or possession, whichever is earlier, Buyer has thel Right to' Terminate under $ 24.1., on or before Closing Date, or, at the 777 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 778 not exceed the Purchase Price. IfBuyer receives sucha a credit, Seller'srighti for any claim against the Association, ifany, wills survive 781 result in at taking of all or part of thel Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation 782 action. Buyer has thel Right to Terminate under $ 24.1., on or before Closing Date, based on such condemnation action, in Buyer's 783 sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to thel Property and 784 Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value 785 oft thel Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price. 787 Property prior to Closing to verify that the physical condition oft thel Property and Inclusions complies with this Contract. 788 19. RECOMMENDATION OF LEGAL. AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that 789 their respective broker has advised that this Contract hasi important legal consequences and has recommended: (1)legal examination 790 oft title; (2) consultation with legal and tax or other counsel before signing this Contract as this Contract may have important legal 791 andi tax implications; (3) to consult with their own attorney ifWater Rights, Mineral Rights orl Leased Items arei included or excluded 792 in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be 793 engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must 796 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. 797 This means that all dates and deadlines are strict and absolute. Ifany payment due, including Earnest Money, isi not] paid, honored 798 or tendered when due, or ifa any obligation is not performed timely as provided in this Contract or waived, the non-defaulting party 802 by Buyer) willl be paid to Seller and retained by Seller. Itisa agreed that thel Earnest Money is not aj penalty, and the partiesagree the 803 amount is fair and reasonable. Seller may recover such additional damages as may bej proper. Alternatively, Seller may elect tot treat 804 this Contract as being in fuii force and effect and Seller has the right to specific performance or damages, or both. 806 cancel this Contract.. Alll Earest Money (whether or notj paid byl Buyer) willl be paid to Seller and retained by Seller. Itis agreed that 807 the Earnest Money amount specified in $4.1. is LIQUIDATED! DAMAGES and not a penalty, which amount the parties agree is 808 fair and reasonable and (except as] provided: in $S 10.4. and 21), such amount is SELLER'S ONLY REMEDY for Buyer's failure to 809 perform the obligations oft this Contract. Seller expressly waives the remedies of specific performance and additional damages. 812 all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. 813 Alternatively, in addition to the per diem in $ 17 (Possession) for: failure of Seller to timely deliver possession of thel Property after 814 Closing occurs, Buyer may elect to treat this Contract asl beingi ini full force and effect and Buyer hast thet right tos specific performance 817 include, but not limited to, failure to timely disclose. Association violations known by Seller, failure to perform any replacements or 818 repairs required under this Contract or failure tot timely disclose any known adverse material: facts, Seller remains liable fora any such 819 failures toj perform under this Contract after Closing. Buyer's rights to pursue the Seller for Seller's failure toj perform under this  770  18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services),  779 Closing. 780  18.3. Condemnation. In the event Seiler receives actual notice prior to Closing that a pending condemnation action may  786  18.4. Walk-Through and Verification of Condition. Buyer, upon: reasonable notice, has the: right to walk through the  794 be complied with. 795  799 has thet following remedies:  800 801 805  20.1. IfBuyer isin Default:  20.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid 20.1.2. Liquidated. Damages, Applicable. This $ 20.1.2. applies unless the boxi in S 20.1.1.is checked. Seller may  810 811  20.2. IfSeller isi in Default:  20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case  815 or damages, or both.  816  20.2.2. Seller's Failure to Perform. In the event Seller fails to perform Seller's obligations under this Contract, to  820 Contract are reserved and survive Closing.  CBS3-6-21. CONTRACTTOBUYANDSELLREALESTATE (COMMERCIAL)  Page 16of20    821 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration 822 or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all 824 22. MEDIATION. Ifa dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties 825 must first proceed, in good faith, to mediation. Mediation is aj process in which the parties meet with an impartial person whol helps 826 to resolve the dispute. informally and confidentially. Mediators cannot. impose binding decisions. Before any mediated settlement is 827 binding, the parties to the dispute must agree to the settiement, in writing. The parties will jointly appoint an acceptable mediator 828 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate ift the entire 829 dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party toi the other at that 830 party's last known address (physical or electronic as provided in S 26). Nothing in this Section prohibits either party from filing a 831 lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This 833 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest 834 Money following receipt of written mutual instructions, signed by both Buyer and Seller. In1 the event of any controversy regarding 835 thel Eamest Money, Earnest] Money Holderi isi not required tos release thel Earnest. Money. Earnest] Money Holder, ini its sole subjective 836 discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest 837 Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and 838 legal feesi incurred with such action); or (3)p provide notice tol Buyer and Seller that unless Earnest) Money Holder. receives a copy of 839 thc Summons and Complaint or Claim (bctwccn Buycr and Scllcr) containing thc casc number of thc lawsuit (Lawsuit) within onc 840 hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder is authorized to return the Earnest 841 Money to Buyer. In the event. Earnest Money Holder does receive a copy oft thel Lawsuit and has not interpled the monies at the time 842 ofany Order, Earnest Money Holder must disburse thel Earest Money pursuant to the Order oft the Court. Thej parties reaffirm the  823 reasonable costs and expenses, including attorney: fees, legal fees and expenses.  832 Section wili not alter any datei in this Contract, uniess otherwise agreed.  843 obligation of $ 22 (Mediation). This Section will survive cancellation or termination oft this Contract.  844 24. TERMINATION.  845  24.1. Right to Terminate. Ifa party has a right to terminate, as provided in this Contract (Right to Terminate), the  846 termination is effective upon the other party'sreceipt ofa written notice to terminate (Notice to' Terminate), provided such written 847 notice was received on or before the applicable deadline specified in this Contract. Ift thel Notice to' Terminate is not received on or 848 before the specified deadline, thej party with thel Rightt to' Terminate accepts the specified matter, document or condition as satisfactory  849 and waives thel Right to' Terminate under such provision.  850  24.2. Effect of" Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely  851 returned to. Buyer, the parties are relieved ofall obligations hereunder, subject to SS 10.4. and 21.  852 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified 853 addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining 854 thereto, whether oral or written, havel been merged andi integrated into this Contract. No subsequent modification ofany ofthet terms 855 of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or 856 obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same.  857 Any successor to a party receives the predecessor's benefits and obligations of this Contract.  858 26. NOTICE, DELIVERY AND CHOICE OF LAW. 862 must be receivedl by thej party, not Broker orl Brokeragel Firm).  859 863 867 870  26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in 26.2. Eiectronic Notice. As an alternative to physicai delivery, any notice may be delivered in eiectronic form to Buyer or 26.3. Electronic Delivery. Electronic Delivery of documents andt notice may be delivered by: (1) email at the email address 26.4. Choice of] Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with  860 $26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or 861 notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing 864 Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker 865 working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by thet party, not 868 of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the 871 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property  866 Broker or Brokeragel Firm) at the electronic address of ther recipient by facsimile, email or 869 documents, or (3) facsimile at the facsimile number (Fax No.) of thei recipient.  872 located in Colorado.  CBS3-6-21. CONTRACTTOBUYANDSELL, REALESTATE (COMMERCIAL)  Page 17of20    873 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and 874 Seller, as evidenced byt their signatures below andi the offering party receives notice ofs such acceptance pursuant to $ 26 on or before 875 Acceptance Deadline Date and Acceptance Deadline Time. Ifaccepted, this document willl become ac contract between Seller and 876 Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such 878 28. GOODEAITH. Buyer and Seller acknowledge that each party has an obligation to acti in good faithi including, but not limited 879 to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, 880 Record' Title and Off-Record" Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability and  877 copies taken together are deemed to be ai full and complete contract between the parties.  881 Duel Diligence. 882  ADDITIONALI PROVISIONS AND ATTACHMENTS  883 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 885 The seller intends to donate the Community Center building and all of its contents to the Town of 886 Dolores pursuant to this agreement. Closing of this contract is contingent upon the resolution to 888 the Town's satisfaction of a reverter clause in the chain of title to the American Legion. Seller will 889 continue to operate the Community Center prior to closing in the same manner it has historically 890 ina accordance with its established policies and procedures. At closing, the Seller will provide the 891 Buyer with a written list of all deposits and current bookings and copies of all rental agreements 892 for future reservations. Seller agrees to transfer the then remaining balance of its funds in reserve 894 to the Buyer upon closing. No commission is due by reason of closing this contract.  884 Commission.) 887  893 896 897 898 899 900 901 902 903 904 905  895 30. OTHER DOCUMENTS.  30.1. Documents Part of Contract. Thei following documents are aj part oft this Contract:  30.2. Documents Not Part of Contract. The following documents havel been provided but are not aj part of this Contract:  SIGNATURES  Buyer's Name: Town ofD Dolores, byi its Mayor  Buyer's Name:  Buyer's Signature Address: Phonel No.: Fax No.: Email Address:  Date  Buyer's Signature Address: Phone No.: Fax No.: Email. Address: Seller's Name:  Date  %7 TownA Attorney, Jon! Lewis Kelly PC PO Box 659, Dolores CO 81323 (970) 882-4442 Kaly@wesiepalawcom  906 [NOTE: Ifthis offeri is being countered or rejected, do not sign this document.)  Seller's Name: Dolores Community Center Association, byi its president:  CBS3-6-21. CONTRACTTOBUY ANDSELLI REALI ESTATE (COMMERCIAL)  Page 18uf20    Seller's Signature Address: Phone No.: Fax No.: Email Address: 907 908  Date  Seller's Signature Address: Phone No.: Faxl No.: Email Address:  Date  Shawna' Valdez POE Box: 324, Dolores. CO81323 (970) 882-7337 SValdez@mydsb.com  END OF CONTRACT TO BUY AND SELL REAL ESTATE  BROKER'S. ACKNOWIEDGMENTS AND COMPENSATION DISCLOSURE.  A. Broker Working' With Buyer  Broker Does Does Not acknowledgei receipt of] Earnest Money deposit. Broker agrees thati ifl Brokerage Firm is the Earnest Money Holder and, except as provided in $ 23,ift the Earnest Money has not already been returned following receipt of al Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of! Earest Money will be made within five days of Earnest Money Holder'sreceipt oft the executed  written mutual instructions, provided thel Earnest Money check has cleared.  Broker is working with) Buyer asa Buyer's Agent Transaction-Broketr in this transaction.  Customer. Broker has no brokerage relationship withl Buyer. See SB for Broker's brokerage relationship with Seller. Brokerage Firm's compensation or commission ist tol bej paid! by Listing Brokerage Firm Buyer DOther. This BokersAdsowiagemen: and Compensation Disclosure: is for disclosure purposes only and doesl NOT create any claim for compensation. Any compensation agreement between thel brokerage firms must be entered into separately and apart from this  provision. Brokerage Firm's? Name: Brokerage Firm'sLicense: #: Broker's Name: Broker's License #:  Broker's Signature  Date  Address: Phone No.: Fax No.: Email Address:  B. Broker Working with Seller  Broker JI Does JI Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that ifl Brokerage Firm is the Earnest Money Holder and, except as provided in $23, ift thel Earnest Money has not already been returned following receipt ofal Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of] Earnest] Money willl be made within five days of] Earnest Money Holder'sr receipt oft the executed  written mutual instructions, provided the Earnest Money check has cleared. CBS3-6-21. CONTRACTTOBUY. ANDS SELLREAL) ESTATE (COMMERCIAL)  Page 19of20    Broker is working with Seller as a Seller's Agent Transaction-Broker: int this transaction. Brokerage Firm's compensation or commission is tol be paid by Seller Buyer DOther  JCustomer. Broker has no brokerage relationship with Seller. See $ Ai for Broker'sbrokerage relationship with Buyer. This Broker'sA Acknowledgements and Compensation Disclosure isi for disclosure purposes only and does NOT create any claim for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this  provision. Brokeragel Firm's Name: Brokerage! Firm'sI License #: Broker's. Name: Broker'sLicense: #:  Broker's Signature  Date  Address: Phone No.: Fax No.: Email Address:  909  CBS3-6-21. CONTRACTTOBUY, AND SELLI REALI ESTATE (COMMERCIAL)  Page 20of20