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C150274 Feasibility Study
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C150274 Feasibility Study
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Last modified
6/15/2011 8:55:30 AM
Creation date
12/2/2008 10:03:48 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C150274
Contractor Name
Yuma County Water Authority Public Improvement District
Contract Type
Loan
Water District
0
County
Yuma
Loan Projects - Doc Type
Feasibility Study
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district and shall have obtained all authorizations and approvals necessary <br />to enter into this Agreement. <br />(d) Buyer has not engaged a real estate broker in this matter. Buyer shall <br />indemnify Sellers against any claim of any broker claiming by, through or <br />under Buyer. This warranty, representation and covenant to indemnify <br />shall survive the Closing or any earlier termination of this Agreement. <br />14. 2008 Lease Payment. Pursuant to that certain Revised Letter of Intent dated <br />June 6, 2008 between the Yuma County Water Authority and certain of the <br />Sellers, the Yuma County Water Authority is obligated to pay to Sellers <br />$L39,000 as soon as practicable, but in no event later than December 31, 2008 <br />("2008 Lease Pavment"). The 2008 Lease Payment is the remaining amount <br />owed to certain of the Sellers as compensation for the existing 2008 lease <br />among various Sellers and the RRWCD. Buyer hereby agrees that, upon <br />Sellers' request, Buyer shall pay or cause the Yuma County Water Authority <br />to pay the 2008 Lease Payment directly to an entity identified by Sellers. The <br />2008 Lease Payment is not an offset from the Purchase Price or Lease <br />Payment and is owed to Sellers irrespective of whether the Conditions <br />Precedent are satisfied and/or irrespective of whether the Closing occurs. If <br />not paid before then, the 2008 Lease Payment shall be paid to Sellers at <br />Closing and shall be a prerequisite for Sellers to proceed to Closing. The <br />termination of this Agreement or failure of the Parties to proceed to Closing <br />under this Agreement shall not relieve the Yuma County Water Authority of <br />its obligations under the above-referenced Revised Letter of Intent. <br />15. N 'ce .All notices, requests, demands, or other communications required by <br />this Agreement (collectively, "Notices") shall be in writing and given by <br />(i) established express delivery service for next day service which maintains <br />delivery records requiring a signed receipt, (ii) hand delivery, or (iii) certified <br />or registered mail, postage prepaid, return receipt requested to the Parties at <br />the following address, or at such other address as the Parties may designate by <br />Notice in the above manner. Each Seller hereby agrees that any Notice to <br />Sellers delivered pursuant to this Section shall be deemed a Notice to all <br />Sellers and each Seller hereby further waives any right to a separate Notice <br />from Buyer. <br />To Buyer. Yuma County, Colorado <br />c/o Yuma County Board of County Commissioners <br />310 Ash, Suite A <br />Wray, CO, 80758 <br />Attn: Dean Wingfield ,Chairman <br />with a copy to Steven O. Sims, Esq. <br />Brownstein Hyatt Farber Schreck, LLP <br />410 l7a' Street, Twenty Second Floor <br />Denver CO 80202 <br />1236811\I 181232.1 I <br />15 <br />12368\1\1204400.5 Attachment 1 - 15 <br />
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