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HomeMy WebLinkAbout10/20/2009AGENDA WHEAT RIDGE URBAN RENEWAL AUTHORITY October 20, 2009 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, October 20, 2009 at 6:00 p.m., in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes - September 15, 2009 4. Public Forum (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 5. Staff Updates a. 2010 Proposed Budget b. 7300 W. 44th Avenue - Phase I Environmental 6. Executive Session to consider the purchase, acquisition, lease, transfer or sale of real, personal or other property pursuant to C.R.S. Section 24-6-402(4)(a) 7. Strategic Planning and Corporate Identity Workshop Anne Ricker - Leland Consulting Hilarie Portell - Portell Works 8. 3718 Ames Street - Sale of Property 9. Other Matters 10. Adjournment MINUTES WHEAT RIDGE URBAN RENEWAL AUTHORITY September 15, 2009 1. 2. 3. 4 CALL THE MEETING TO ORDER The meeting of the Wheat Ridge Urban Renewal Authority was called to order by Chair Adams at 6:00 p.m. in the council chambers of the Municipal Building, 7500 West 29`x' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Authority Members Present Rick Adams James Bahrenburg Becky Bye Janet Leo Walt Pettit Larry Schulz Authority Members Absent: Tom Radigan Also attending: Patrick Goff, Executive Director Corey Hoffmann, WRURA Attorney Ken Johnstone, Community Development Director Ryan Stachelski, Economic Development Director Anne Ricker, Leland Consulting Hilarie Portell, Portell Works Ann Lazzeri, Recording Secretary APPROVAL OF MINUTES - July 7, 2009 It was moved by Walt Pettit and seconded by James Bahrenburg to approve the minutes of July 7, 2009 as presented. The motion passed unanimously. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Authority. WRURA Minutes - 1 - September 15, 2009 5. OLD BUSINESS A. 1-70/Kipling Corridor Urban Renewal Plan Patrick Goff distributed copies of the recently adopted I-70/Kipling Corridor Urban Renewal Plan to Authority inembers. B. Newly Acquired Property Mr. Goff informed the Authority that sale was completed for the gas station property in the 44`x' and Wadsworth area. The property will be transferred to the city in order for WRURA to complete an architectural inventory of the building and provide a complete copy of the Phase I environmental study to the County in order to be reimbursed by HUD. When these issues are settled, the city will then return the property to WRURA. Rick Adams commented that even though this property has a few problems, it is advantageous to have the property within WRURA's inventory. C. Colorado Municipal League Mr. Goff informed the Authority that CML is conducting meetings with Urban Renewal Authorities around the state concerning potential legislation in 2010 that may amend the Urban Renewal law and impact the use of Tax Increment Financing. 6. NEW BUSINESS A. Strategic Planning and Corporate Identity Workshop Anne Ricker - Leland Consulting Hilarie Portell - Pot-tell Works Anne Ricker and Hilarie Portcll conducted their first session with WRURA and members of city staff to lay out expectations, initial interviews and general discussion in regard to a strategic planning process and a corporate identity package for WRURA. Comments from Authority members included: • Retain cultural flavor of Wheat Ridge. • New development should flow into what already exists. • Engage the community in processes. • Be proactive rather than reactive, create sustainable places and raise development standards. • Raise the image of Wheat Ridge both to citizens and visitors. • Focus on development that has least impact on residential properties. • Make developers aware that Wheat Ridge "is open for business." WRURA Minutes -2 - September 15, 2009 • Be sensitive to environmental issues and aesthetics of surrounding areas. • Promote projects that have a public benefit. Discussion items will be researched and incorporated for the next strategic planning workshop to be conducted on October 20, 2009. The joint uzeeting originally scheduled with City Council for September 19, 2009 will be rescheduled. 7. EXECUTIVE SESSION It was moved by Walt Pettit and seconded by Janet Leo to enter into executive session to consider the purchase, acquisition, lease, transfer or sale of real, personal or other property pursuant to C.R.S. Section 24-6-402(4)(a). The motion carried 6-0. A motion was made to convene an executive session at 7:51 p.m. The motion passed unanimously. The executive session was adjourned at 8:03 Those attending the executive session were: Rick Adams, WRURA James Bahrenburg, WRURA Becky Bye, WRURA Janet Leo, WRURA Walt Pettit, WRURA Larry Schulz, WRURA Patrick Goff, Executive Director Corey Hoffmann, WRURA Attorney Ann Lazzeri, Recording Secretary The regular meeting was reconvened at 8:04 p.m. It was moved by Larry Schulz and seconded by James Bahrenburg to direct the Executive Director of WRURA to list the Ames property with Loretta Swankel for a period of ninety clays, basically for the price range set forth in her proposal and to do so forthwith; and further direct the Executive Director to arrange for clean-up of the property, both interior and exterior. The motion carried 6-0. 8. OTHER MATTERS There were no other items to come before the Authority. WRURA Minutes - 3 - September 15, 2009 9. ADJOURNMENT It was moved by Walt Pettit and seconded by James Bahrenburg to adjourn the meeting at 8:05 p.m. The motion passed unanimously. Rick Adams, Chair Ann Lazzeri, Recording Secretary WRURA Minutes -4- September 15, 2009 20 October 2009 Wheat Ridge Urban Renewal Authority Strategic Planning Work Session Agenda 6:00 pm Location: Wheat Ridge City Hall Wheat Ridge, CO 1. Update on Comprehensive Plan (Adoption and Implications) 2. Refined Goals, Role in Community Development, and Measures of Success 3. Potential Role in Economic Development (Discuss) 4. Strategic Alliances 5. Project Participation Criteria a. City-Wide b. Area-Specific 6. Identification of Catalyst Areas, a. Handouts b. Criteria for Selection of Areas c. Approach to Visioning d. Positioning Strategies 7. Outcomes / Work Products 8. Future Meeting Schedule 15 September 2009 Agenda 1. Board Member Expectations of Work Session (Desired Outcomes) (completed) 2. Intended Outcomes (completed) 3. Organizational Goals, etc. (completed) 4. Synthesis of Board Member Input / Discussion (completed) 5. Identification of Catalyst Areas a. Handouts b. Criteria for Selection of Areas c. Approach to Visioning d. Positioning Strategies 6. Future Meeting Schedule Wheat Ridge Urban Renewal Authority Goals: • Be proactive, rather than reactive in advancing meritorious projects that are good for the community • Create quality sustainable places • Raise standards of development • Promote economic development while preserving the community' s heritage • Create jobs • Facilitate the delivery of new uses • Stabilize existing uses Wheat Ridge Urban Renewal Authority' s Role in Community Development: • Partner with a range of entities for redevelopment • Use a statute-based tool to contribute to investment and reinvestment • Provide leadership on redevelopment issues • Educate and inform the community about tax increment financing • Advance the vision and goals of adopted and accepted plans • Elevate the image of the Wheat Ridge market in the minds of the development community Wheat Ridge Urban Renewal Authority' s Measures of Success: • Quality jobs created • Businesses supported • New businesses cited • Growth in increment • Private sector investment • Investment in public realm • Peripheral impacts (increases in value) • Improved community image (within and outside community) • Positive economic impact Wheat Ridge Urban Renewal Authority' s Role in Economic Development: The Wheat Ridge Urban Renewal Authority' s role in economic development is to: ■ Coordinate business attraction, retention and expansion efforts ■ Encourage relocating businesses to consider urban redevelopment projects that provide TIF dollars vs. building new facilities ■ Be at the table with potential businesses Wheat Ridge Urban Renewal Authority' s Strategic Alliances: Partner with: 1. City Council 2. City Staff 3. Wheat Ridge 2020 4. Chambers 5. Developers (including not-for-profit) 6. Lenders (public and private) 7. Community groups 8. Business organizations Wheat Ridge Urban Renewal Authority' s Project Participation Criteria: 1. Development program addresses a market opportunity (void or niche) in the near- or long-term. 2. Demonstrates a quantifiable need for WRURA funds in order to make the project feasible (forms will be provided to applicants). 3. Provides an opportunity to strengthen and link existing or planned districts or activity centers. 4. Suggests ability to leverage existing or planned public investment. 5. Located with adjacency to physical features including parks and open space, that will enhance their likelihood of success. 6. Presents potential for creating entryways or gateway project. 7. Site possesses favorable ownership patterns including existing assemblage, public acquisition opportunity, motivated seller, etc. 8. Presence of unified, energetic stakeholders that are willing to advocate for project. 9. Evidence of stability in property values or upward trend in adjacent investment. 10. Includes an historic preservation element. 11. Located in an area that is able to access additional funding (beyond TIF). 12. Addresses a demonstrated community need, both perceived and quantified including workforce and / or affordable housing, commercial incubator space, etc. 13. Advances municipal sustainability goals. Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Director RE: 3718 Ames Street DATE: October 15, 2009 Staff received direction from the Authority at the September 15, 2009 meeting to enter into an Exclusive Right-to-Sell Listing contract with Loretta DiTirro Schwankl, a Broker Associate with RE/MAX City Horizons for the purposes of listing and selling the house at 3718 Ames Street. In addition the Authority authorized Staff to list the property for the recommended selling price of $150,000. Additional attempts were made to contact Mr. Pacheco and Stacy Bosick who had originally expressed interest in the property. They were both given an opportunity to submit an offer before the property was officially listed in the MLS. Neither party submitted a reasonable offer. KCP Construction made an offer of $120,000 on September 29th. Staff countered the offer at $130,000 which was accepted on September 30th. The Authority was contacted through email on September 30th asking for approval to accept the offer. A positive response from a majority of the Authority members was received. Staff is requesting ratification from the Authority of the sale and for authorization to allow the Executive Director to sign all closing documents at the closing which is scheduled for October 30, 2009. Attachment(s): 1. 3718 Ames Street Closing Documents The p-inted portions of tlits form, eXcept differentiated additions. have been approved by the Colorado Real Estate Commission (0-8-5-04)1- THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT Date: 10/15/09 1. PARTIES, PROPERTY. Wheat Ridge Urban Renewal Authority, Seller And KCP Construction, LLC, Buyer engage Capital Title, LLC, Closing Company, who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of.lefferson, Colorado: Lot 21, Block 1, Pearson-Woodside Addition A/KIA: 3 718 Atnes, Wheat Ridge CO 80033 2. INFORMATION, PREPARATION. Closing Company is authorized to obtain information necessary for the closing. Closing Company agrees to prepare, obtain, deliver and record those documents (excluding legal documents) that are necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate, dated September 28, 2009, including any counterproposals and amendments (Contract). 3. CLOSING FEE. Closing Company will receive a fee not to exceed 5250.00 for providing these closing and settlement services. 4. GOOD FUNDS. Closing Company is authorized to receive funds and to disburse when all funds received are either: (a) available to immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn (Good Funds). 5. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in Sections 10 and 11. 6. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All patties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: ( ) Cashier's check at Seller's expense ( X ) Funds electronically transferred (wire transfer to an account specified by the Seller, at Seller's expense) ( ) Closing Company's trust account check 8. FURNISH INFORtiIATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by Closing Company, which will be necessary to complete this transaction. 9. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of closing. 10. FAILURE OF CLOSING. If closing does not occur on or before the Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Company will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer, shall be voided by Closing Company, with the original(s) returned to Buyer and a copy to Buyer's lender. 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money and things of value held by Closing Company (notwithstanding any termination of the Contract or mutual written instructions), Closing Company shall not be required to take any action. Closing Company may await any proceeding, or at its option and sole discretion, interplead all parties and deposit any money or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. 12. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these closing instructions must be in writing and signed by Buyer, Seller and Closing Company. 13. WITHHOLDING. The Interval Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. Capital Title, LLC File Number: 563232 Closing Instructions (CL8-5-04) Page I of 2 14, ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission) 13. COUNTERPARTS. This document may be executed by Buyer, Seller and Closing Company, separa:_ely, and when parry has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. 16. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction; copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 17. NOTICE, DELIVERY AND CHOICE OF LAW. a. Physical Delivery. Except as provided in § 17b below, all notices must be in writing. Any notice to Bayer shall be effective when received by Buyer or Selling Brokerage Firm, any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm, and any notice to Closing Company shall be effective when received by Closing Company. b. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: (X) Facsimile ( X) e-mail ( ) None. Documents with original signatures shall be provided upon request of any parry. c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. APPROVED AND ACCEPTED SELLER(S): Wheat Ridge Urban Renewal Authority by Patrick Goff as Deputy Manager BUYER(S): KCP Construction, LLC by Karl Hauck as manager member Closing Company: Capital Title, LLC By: Date: Alicia Rotherham, Escrow Officer TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY. Re/Max Horizons Group, Broker, engages Closing Company as Broker's Scrivener to complete, for a fee not to exceed $5.00 at the sole expense of Broker, the following legal documents: ( X) Deed ( X) Bill of Sale ( ) Colorado Real Estate Commission Approved Promissory Note ( ) Colorado Real Estate Commission Approved Deed of Trust The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Closing Company shall pay real estate commissions at disbursement as follows Listing Company: Selling Company: Other BROKER: By Capital Title, LLC By Alicia Rotherham Re/Max Horizons Group Paid By: Seller 2.2% Re/Max Professionals Paid By: Seller 2.8% Date: Date: REAL ESTATE TAX AGREEMENT It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as: Lot 21, Block 1, Pearson-Woodside Addition that the taxes for the current year have been adjusted as of this date on the basis of the following: See Attached Letter from County Assessor's Office HOA'IEOWNERS ASSOCIATION DUES ( ) HOMEOWNERS ASSOCIATION DUES ARE PRORATED TO CLOSING DATE ON THE BASIS OF INFORMATION RECEIVED FROM THE ASSOCIATON AND/OR SELLER. SELLER WARRANTS THAT THERF ARE NO ASSOCIATON DUES ASSESSED AGAINST SUBJECT V PROPERTY. SPECLAL ASSESSMENTS None of Record Actual taxes may change by reason of reassessment by the County Assessor. BY EXECUTION OF THIS .AGREEMENT, -IHE UNDERSIGNED INDEMNIFY AND HOLD HARMLESS CAPITAL TITLE, LLC AND STEWART TITLE GUARANTY COMPANY FROM ANY LIABILITY FOR ANY REPORTING ERRORS BY LOCAL, COUNTY OR STATE AGENCY ABOUT SPECIAL ASSESSMENTS AND FOR PRORATING OR PAYING OFF ALL SPECIAL ASSESSMENTS THAT ARE NOT OF RECORD WITH THE COUNTY TREASURER'S OFFICE. NEITHER CAPITAL TITLE, LLC NOR STEWART TITLE GUARANTY COMPANY SHALL HAVE ANY RESPONSIBILITY FOR FUTURE ADJUSTMENTS OF SPECIAL ASSESSMENTS. RATHER, THE UNDERSIGNED SHALL ASSUME RESPONSIBILITY FOR THE PURSUING AND EFFECTUATING OF THE ADJUSTMENTS. UTILITY AGREEMENT The water and/or sewer and/or electric for the above address were settled in the following manner: Escrow Agent has ordered a final and/or current Water and Sewer Billing. Funds have been held from seller for payment of the final billing. PURCHASER AND SELLER AGREE TO CONTACT ALL UTILITY DEPTS WITHIN 24 BUSINESS HOURS FROM DATE OF CLOSING RLCARDLESS OF OP`IIONS SELECTED ABOVE. UPON RECEIPT OF THE FINAL WATER AND/OR SEWER BILLING, CAPITAL TITLE, LLC V71LL MAKE ANY NECESSARY PRORATIONS AND PAY THE AMOUNTS DUE PER THE BILLING RECEIVED, BALANCE OF THE ESCROWED FUNDS, IF ANY, WILL THEN BE DISBURSED TO THE SELLER. IF THERE WAS NOT ENOUGH MONIES ESCROWED AT THE TIME OF CLOSING TO :?AY SAID WATER AND/OR SEWER BILLINGS, THE SELLER SHALL BE OBLIGATED TO MAKE UP THE DIFFERENCE, UPON DEMAND, CAPITAL TITLE, LLC WILL NOT PAY OR BE RESPONSIBLE FOR THE ADDITONAL CHARGES OR ANY DELINQUENCIES. This agreement executed on October 30, 2009 SELLER(S): Wheat Ridge Urban Renewal Authority by Patrick Goff as Deputy Manager BUYER(S): KCP Construction, LLC by Karl Hauck as manager member Capital "fitle, LLC File Number: 505232 Revd F,tm, Fiv A^reem.in Rc::,'.. I:d iSVICr-Pii- t TO BE FILLED IN PERSONALLY BY BORROWER IN HIS/HER OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS. AND POSSESSION USE SEPARATE FORM FOR EACH PARTY G F4 508232 SUBJECT PROPERTY: 3^,18 N§ Ames Street, Wheat Ridge, CO 80033 STATE OF Colorado ) COUNTY OF Jefferson ) Before me, the undersigned authority on this day personally appeared Wheat Ridge Urban Renewal Authority Seller or Owner-Borrower* Contractor (if new construction) personally known to me to be the person(s) whose name is subscribed hereto and upon his/her oath deposes and says that no proceedings in bankruptcy or receivership have been instituted by or against him~'her and that the marital status of affiart has not changed since the day of acquisition of said property and represents to the purchaser and/or Lender in this transaction that there are: 1. No unpaid debts for lighting and plumbing fixtures, water heaters, floor furnaces, heaters, air conditioners, built-in fireplace screens, installed outdoor cooling equipment, swimming pool equipment, built-in cleaning equipment, built-in kitchen equipment, satellite dish, radio or television antennae, garage door openers, carpeting, rugs; lawn sprinkling systems, venetian blinds, curtains and rods, window shades, draperies and rods, valances, screens, shutters, awnings, mirrors, ceiling fans, attic fans, mail boxes, security and fire alarm detection equipment, water softener, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by financing statement, security agreement or otherwise except the following: Creditor Approximate Amount 2. No loans, unpaid judgments, or liens (including Federal or State Liens or Judgment Liens) and no unpaid governmental or association taxes, charges or assessments of any kind on such property except the following: Creditor Approximate Amount 3. All labor and material used in the construction of improvements on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums ofmoney due for the construction ofunprovements have been fully paid and satisfied, except the following: 4. No leases, contracts to sell the land, or parties in possession other than affrant except as follows: (If NONE write NONE on blank line) *5. To be filled in if a sale -'TT;e seller is not anon-resident alien, foreign corporation, foreign trust, foreign estate or other foreign entity (as defined in the Internal Revenue Code and Income Tax Regulations). Seller's U S. employer identification (or Social Security Number) is: . Seller's address (office address, if Seller is an entity; home address if Seller is an individual) is: 7500 W. 29th Ave., Wheat Ridge CO 80033 IF ANY DEED OF TRUST RECORDED AGAINST MY PROPERTY SECURES AN OPEN LINE OF CREDIT OR A REVOLVING LINE, OF CREDIT, I/WE AFFIRM THAT I/WE HAVE NOT DRAWN ADDITIONAL FUNDS FROM THE LNE OF CREDIT SINCE THE DATL- OF THE PAYOFF STATEMENT FROM MY/OLR LENDER TO CAPITAL TITLE, LLC. I/WE FURTHER AGREE AND AFFIRM THAT I/W'E WILL NOT MAKE ANY FURTHER DRAWS ON THE LINE- OF CREDIT AFTER THE DATE OF THIS AFFIDAVIT', VIAT FURTHER AFFIRM THAT I/WE HAVE NOT TAKEN OUT ANY LOANS AGAINST OUR PROPERTY OTHER THAN THOSE SHOWN ON THE ABOVE REFERENCED COMMITMENT NUMBER. INDEMNITY: I AGREE TO PAY ON DEMAND TO THE PURCHASERS,1ND/OR LENDER ANDiOR TITLE COMPANIES (INCLUDING STEWART FITLF GUARANTY COMPANY) N THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS. ALL AMOUNTS SECURED BY ANY AND ALI, LIENS, CLAIMS OR RIGHTS NOT SHOW ABOVE, TOGETHER WITH ALL COSTS, LOSS AND A'ri'ORNEY's FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED LIENS, PROVIDED SAID LIENS, CLAIMS, OR RIGHTS EITHER CURRENTLY APPLY TO SUCH PROPERTY, OR A PART THEREOF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN BY ME. OR HAVE AN INCEPTION OR ATTACHMENT DATE PRIOR TO THE CLOSING OF THIS TRANSACTION AND RECORDING OF THE DEED AND MORTGAGE. I realize that the purchaser and/or Lender and Title Companies in this transaction are relying on the representations contained herein in purchasing same or lending money thereon and issuing title policies and would not purchase same or lend money or issue a title policy thereon unless said representations were made. If Seller or Borrower is an entity, I have authority to sign on its behalf. Wheat Ridge Urban Renewal Authority by Patrick Goff as Deputy Manager Sworn to and subscribed before me this 30th day of October. 2009. Notary Public: Alicia Rotherham My commission expires: 5/31/2013 'Note: This form [s Lobe filled in and signed by seller in case of sale. If no sale, it is to be filled in and signed by the OwnertBorower. If there is any new construction, the contractor must also join in this form or fill in and sign a separate one. -If seller is a non-resident alien, foreign corporation.. etc., call your manager or underwriting personnel (1-800-729-1902). NOTE TO BUYER: Buyer musi retain Land and of 5fth taxable year following taxable year of transfer and must file with the internal Revenuc service if required by regulation or otherwise. CapitalTifle.LLC File Number: 508232 Affnhmii I)cM.. l is it. ccllii CAPITAL TITLE, LLC SURVEY AFFIDAVIT Date: 10'1-5103 Property Address: 3718 W Ames Street Wheat Ridge, Colorado 80033 Escrow dumber: 508232 BEFORE ME, the undersigned authority, on this day personally appeared Wheat Ridge Urban Renewal Authority, (Affiant(s)), personally kriown by me to be the person(s) whose names are subscribed hereto, who being by me first duly sworn, on their oaths stated the following to be true and correct: 1. UWe are the owners of the following described in Exhibit A attached to this affidavit. 2. There have been no improvements added to the land or construction on the land within the last year. 3. The land is known as: 3718 W Ames Street, Wheat Ridge CO 80033 (address). 4. We are not aware, and have not been told, that improvements by our neighbors encroach over any building or setback lines, easements or property lines. 5. We are not aware, and have not been told, that the improvements by our neighbors encroach over our property lines. 6. Since the date the Affiants acquired the land, or since the date of the existing survey, if any, provided by Affiants) to Stewart Title Guaranty Company, there have been no: a. Construction projects such as new structures, additional rooms, garages, swimming pools or decks. b. Changes in the location of boundary fences or boundary walls. c. Construction projects on immediately adjoining property(ies) which construction occurred near the boundary of the land: or d. Conveyances, replatting, easement grants, or easement dedications by the Affiant(s). 7. That Affiants agree that Capital Title, LLC, as issuing agent for Stewart Title Guaranty Company, and Stewart Title Guaranty Company are relying upon this affidavit to provide title insurance. Wheat Ridge Urban Renewal Authority by Patrick Goff as Deputy Manager STATE OF Colorado ss. COUNTY OF Denver ) The foregoing instrument was acknowledged before me this by Patrick Goff as Deputy Manager for Wheat Ridge Urban Renewal Authority WITNESS MY HAND AND OFFICIAL SEAL. Notary Public: Alicia Rotherham My commission expires: May 31, 2013 Capital Title, TIC File Number; 505232 Survey AffidaN - seller (Individual) Page I oft EXHIBIT "A" Lot 21, Block 1, Pearson-Woodside Addition, County of Jefferson, State of Cotorado. CAPITAL TITLE, LLC Compliance Agreement Date: October 30. 2009 Property: 3718 W Ames Street, Wheat Ridge, CO Escrow Number: 508232 80033 It is expressly agreed and understood between the undersigned parties Capital '['isle, LLC is acting as Closing Agent in the above referenced transaction and shall in no way be liable as to the accuracy or completeness of any Payoff Statement and/or Assumption Statement that has been provided to said company for the purposes of closing this transaction. Capital Title. LLC has acted in good faith in compiling the data and information as set forth on the applicable Settlement Statement(s). The undersigned agree that any additional funds due and payable after closing tvill be immediately paid by the responsible party/parties. The undersigned further agree that in the event any of the documents required in this closing misstate or inaccurately reflect the true and correct terns and provisions thereof, and said misstatement or inaccuracy is due to unilateral mistake on the part of Capital Title, LLC, mutual mistake on the part of the undersigned and Capita! Title. LLC of clerical error, then in such event the undersigned shall upon request by Capital 'l'itre, LLC and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original docmnents as Capita Title. LLC may deem necessary to remedy said inaccuracy or mistake- SELLER(S): Wheat Ridge Urban Renewal Authority by Patrick Goff as Deputy Manager BUYER/BORROWER(S): KCP Construction, LLC by Karl Hauck as manager member Capital Titlc, LLC File Number. 508232 Cnmplimcc Acrccmcnt BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, That Wheat Ridge Urban Renciral Authority of the County of Jefferson, State of Colorado (seller) for and in consideration of Ten dollars and other good and valuable consideration, to him in hand paid, at or before the ensealing or delivery of those presents by KCP Construction, LLC of the County of Jefferson, State of Colorado (Buyer), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant and coney unto the said Buyer, his personal representatives, successors and assigns, the following property, goods and chattels, to wit: i. Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures; TV antennas, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems; built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers including remote controls; and z. Other Inclusions. If on the Property whether attached or not on the date of contract; storm windows, storm doors, window and porch shades, awnings, blinds, screens, window- coverings. curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace gates, heating stoves, storage sheds, and all keys. Check applicable item(s) if included: ( ) Water Softeners, (X) Smoke/Fire Detectors, ( ) Security Systems, ( ) Satellite Systems (including satellite dishes and accessories); and 3. Exclusions. Located at: 3713 W Ames Street, Wheat Ridge, CO 30033 TO HAVE AND TO HOLD the same unto the said Buyer, his personal representatives, successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, his personal representatives, successors and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, against all and every person or person whomever. When used herein, the singular shall include the plural, the plural the singular, and the use of anv gender shall be applicable to all genders. IN WITNESS WHEREOF; the Seller has executed this Bill of Sale this 15th day of October, 2009. Wheat Ridge. Urban Renewal Authority by Patrick Goff as Deputy Manager STATE OF Colorado ) ss. COUNTY OF Denver } The foregoing instrument was acknowledged before me this Manager for Wheat Ridge Urban Renewal Authority Witness my hand and official seal. Notary Public: Alicia Rotherham My commission expires: 5/31/2013 by Patrick Goff as Deputy Capital Title, LLC Fite Number: 503232 Rill ids;dc I'UCC I or f INFORMATION FOR REAL ESTATE 1099-S REPORT FILING As Required by the Internal Revenue Service SOLICITATION Section 6045 of the Internal Revenue Code; as amended by the Tax Reform Act of 1986, requires the reporting of certain information to the IRS on real estate transaction. The information may also be sent to other third parties. You are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the settlement agent with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law. File Number: 508232 Taxpayer ID Type: I (I = business, 2 = individual) INDIVIDUAL/BUSINESS SELLER NAME Name Line 1. Wheat Ridge Urban Renewal Authority Address: 7500 %4'. 29th Ave. Wheat Ridge CO 80033 SSN: Name Line 2: Address: Name Line 3: Address: Name Line 4: Address: Name Line 5: Address: Name Line 6: Address: SSN: SSN: SSN: SSN: SSN: TRANSACTION INFORMATION Closing Date (MMDDYY): 10/30/2009 Contract Sales Price: 5130,000.00 Description of Property: (street address or brief form of legal) 3718 W Ames Street Wheat Ridge, CO 80033 Has the seller received (or will receive) property other than cash and consideration treated as cash) or services as part of the consideration for this transaction? Answer Y for YES; N for NO: N If multiple sellers - Request is hereby made that you allocate the sales price among the sellers as follows: NOT MULTIPLE SELLERS CERTIFICATION Under penalties of perjury, I certify that the number shown on this form is my correct Taxpayer Identification Number. I a.so certify that the other information shown herein is correct. I acknowledge receipt of a copy of this form. Wheat Ridge Urban Renewal Authority SETTLEMENT AGENT INFORMATION Capital Title, LLC Lane Tree, CO 80124 (303) 649-9360 'Taxpayer ID Ntunber: 20-1976444 SUBSTITUTE FORA 1099S This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Capital Title. LLC File Numher 50,3232 1099 Substitute Report Form (Individual) P;12C 1 nl 1 DR 1083 (09,'96) COLORADO DEPARTMENT OF POVENUE 1375 SHERMAN STREET DENVER, CO 80261 INFORMATION WITH RESPECT TO A CONVEYANCE OF A COLORADO REAL PROPERTY INTEREST 1. Name(s) and address of transferor(s): Wheat Ridge Urban Renewal Authority 7500 W. 29th Ave., Wheat Ridge, CO 80033 2. Transferor is ( ) Individual ( ) Estate ( ) Other Specify (check one): ( ) Corporation ( ) Trust 3. Social Security Number(s) or Colorado account number of transferor: 4. Federal employer identification number of transferor: 5. Type of property sold: Single Family Residence 6. Address or legal description of property sold: 3718 W Ames Street Wheat Ridge, CO 80033 7. Date of Closing: 10/30/2009 8. Selling price of the property: $130;000.00 9. Selling price of this transferors' interest: 10. If Colorado tax was withheld check this box: No 11. Amount of Tax Withheld: 12. If withholding is not made, give reason (check one): a. Affirmation of Colorado residency signed ( } b. Affirmation of permanent place of business signed ( ) c. Affirmation of principal residence signed ( ) d. Affirmation of partnership signed ( ) e. Affirmation of no tax reasonably estimated to be due or no gain on sale signed ( ) f. No net proceeds ( ) 13. Name, address, and telephone number of the title insurance company or other person providing closing and settlement services with respect to this transfer: Capital Title, LLC , Lone Tree, CO 80124 (303) 649-9360 File this form together with form 1079, if applicable, within 30 days of the closing date with the COLORADO DEPARTMENT OF REVENUE 1375 Sherman Street Denver, CO 80261 File Number: 508232 Capital "1 itle, LLC DR 1033 - Conveyance Tax - Joint Page 1 of 2 AFFIRMATION OF COLORADO RESIDENCY I (we) hereby affirm that I am (we are) the transferor(s) or the fiduciary of the transferor of the property described on this Form 1083 and that as of the date of closing I am (we are) or the estate or the trust is a resident of the State of Colorado. Signed under the penalty of perjury: Signature of transferor or fiduciary Date Spouse's signature if applicable Date AFFIRMATION OF PERMANENT PLACE OF BUSINESS I hereby affirm that the transferor of the property described on this form 1083 is a corporation, which maintains a permanent place of business in Colorado. Signed under the penalty of perjury: Signature of corporate officer Date AFFIRMATION OF SALE BY PARTNERSHIP I hereby affirm that the transfer of property described on this form 1083 was sold by an organization defined as a partnership under section 76l(s) of the Internal Revenue Code and required to file an annual federal partnership return of income under section 6031(a) of the Internal Revenue Code. Signed under the penalty of perjury: Signature of general partner Date AFFIRMATION OF PRINCIPAL RESIDENCE I (we) hereby affirm that I am (we are) the transferor(s) of the property described on this Form 1083 and immediately prior to the transfer it was my (our) principal residence which could qualify for the exclusion of gain provision of section 121 of the Internal Revenue Code. Signed under the penalty of perjury: Signature of transferor Date Spouse's signature if applicable Date AFFIRMATION OF NO REASONABLY ESTIMATED TAX TO BE DUE 1 (we) hereby affirm that I am (we are) the transferor(s) or an officer of the corporate-transferor or a fiduciary of the estate or trust-transferor of the property described on the front side of this form, and I (we) further affirm that there will be no Colorado income tax reasonably estimated to be due on the art of the transferor(s) as the result of any gain realized on the transfer. Please understand before you sign this affirmation that nonresidents of Colorado are subject to Colorado tax on sins jroin the sale o Colorado real estate to the extent such gains are included in ederal taxable intone. Signed under the penalty of perjury: Signature of transferor, officer, or fiduciary Date Spouse's signature if applicable Date File Number: 508232 Capital Title, LLC DR] 083 - Conveyance Tax - Joint Pare 2 of 2 WARRANTY DEED THIS DEED, made this 15th day of October, 2009, between Wheat Ridge Urban Renewal Authority of the County of Jefferson and State of Colorado, Grantor, and KCP Construction, LLC whose legal address is: 632 Yarrow Way, Littleton CO 80123 of the County of Denver and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of $130,000.00 ) One Hundred Thirty Thousand dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and )y these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in [he County of Jefferson and State oTColorado described as follows: Lot 21, Block 1, Pearson-Woodside Addition, County of Jefferson, State of Colorado. also known by street and number as: 3718 W Ames Street, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate. right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of. in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents; he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey, the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, "bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for the current year. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of ar.y gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Wheat Ridge Urban Renewal Authority by Patrick Goff as Deputy Manager STATE OF Colorado ) ss. COUNTY OF Denver ) The foregoing instrument was acknowledged before me this 30th day of October, 2009, by Patrick Goff as Deputy Manager for Wheat Ridge Urban Renewal Authority My commission expires May 31, 2013. Witness my hand and official seal. Notary Public