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Resolution 2025-78 - NEEDS FULLY EXECUTED AGREEMENT
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Resolution 2025-78 - NEEDS FULLY EXECUTED AGREEMENT
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Last modified
10/8/2025 1:02:38 PM
Creation date
10/8/2025 10:55:17 AM
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City Council Records
Also Known As (aka)
APPROVING A PURCHASE CONTRACT TO BUY AND SELL REAL ESTATE AT 101 W. CHERRY STREET AND AUTHORIZING THE USE OF GENERAL FUND RESERVES FOR THE PURCHASE
Meeting Date
10/7/2025
Doc Type
Resolution
Signed Date
9/26/2025
Ord/Res - Year
2025
Ord/Res - Number
78
Subdivision Name
Warembourg
Quality Check
10/8/2025
Supplemental fields
Parties Involved
Helen R. Waremburg Living Trust
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Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND <br />WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO <br />DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. <br />10.8. Lead -Based Paint. <br />10.8.1. Lead -Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings <br />constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate <br />licensees must sign and deliver to Buyer a completed Lead -Based Paint Disclosure (Sales) form on or before the Lead -Based Paint <br />Disclosure Deadline. If Buyer does not timely receive the Lead -Based Paint Disclosure, Buyer may waive the failure to timely <br />receive the Lead -Based Paint Disclosure, or Buyer may exercise Buyer's Right to Terminate under § 24.1. by Seller's receipt of <br />Buyer's Notice to Terminate on or before the expiration of the Lead -Based Paint Termination Deadline. <br />10.8.2. Lead -Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of the <br />Property for the presence of Lead -Based Paint or Lead -Based Paint hazards, Buyer has a Right to Terminate under § 24.1. by Seller's <br />receipt of Buyer's Notice to Terminate on or before the expiration of the Lead -Based Paint Termination Deadline. Buyer may <br />elect to waive Buyer's right to conduct or obtain a risk assessment or inspection of the Property for the presence of Lead -Based Paint <br />or Lead -Based Paint hazards. If Seller does not receive Buyer's Notice to Terminate within such time, Buyer accepts the condition <br />of the Property relative to any Lead -Based Paint as satisfactory and Buyer waives any Right to Terminate under this provision. <br />10.9. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel -fired heater or appliance, a <br />fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties <br />acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within <br />fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code. <br />10.10. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked, <br />disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Property was <br />remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further <br />acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever <br />been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 24.1., upon Seller's receipt of Buyer's written <br />Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer's test results that indicate the Property <br />has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the State <br />Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the results of <br />the test. <br />10.11. Radon Disclosure. THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT <br />STRONGLY RECOMMENDS THAT ALL HOME BUYERS HAVE AN INDOOR RADON TEST PERFORMED <br />BEFORE PURCHASING RESIDENTIAL REAL PROPERTY AND RECOMMENDS HAVING THE RADON LEVELS <br />MITIGATED IF ELEVATED RADON CONCENTRATIONS ARE FOUND. ELEVATED RADON CONCENTRATIONS <br />CAN BE REDUCED BY A RADON MITIGATION PROFESSIONAL. <br />RESIDENTAL REAL PROPERTY MAY PRESENT EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON <br />GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING RADON -INDUCED LUNG CANCER. <br />RADON, A CLASS A HUMAN CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN NONSMOKERS <br />AND THE SECOND LEADING CAUSE OF LUNG CANCER OVERALL. THE SELLER OF RESIDENTAL REAL <br />PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY KNOWN INFORMATION ON RADON TEST <br />RESULTS OF THE RESIDENTIAL REAL PROPERTY. <br />AN ELECTRONIC COPY OF THE MOST RECENT BROCHURE PUBLISHED BY THE DEPARTMENT OF <br />PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE WITH C.R.S. §25-11-114(2)(A) THAT PROVIDES <br />ADVICE ABOUT "RADON AND REAL ESTATE TRANSACTIONS IN COLORADO" IS AVAILABLE AT: <br />HTTPS://CDPHE.COLORADO.GOV/RADON-AND-REAL-ESTATE. <br />I CLOSING PROVISIONS I <br />12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. <br />12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable <br />the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is <br />obtaining a loan to purchase the Property, Buyer acknowledges Buyer's lender is required to provide the Closing Company, in a <br />timely manner, all required loan documents and financial information concerning Buyer's loan. Buyer and Seller will furnish any <br />additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and <br />Seller will sign and complete all customary or reasonably required documents at or before Closing. <br />12.2. Closing Instructions. Colorado Real Estate Commission's Closing Instructions ❑ Are ® Are Not executed with <br />this Contract. <br />CONTRACT TO BUY AND SELL REAL ESTATE Page 10 of 15 <br />
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