C153739 Contract - Laserfiche WebLink

Home Browse Search

3. Buyer and Seller shall pay their respective expenses in meeting the requirements of Northern Colorado Water Conservancy District for the transfer, including obtaining an ownership and encumbrance report, All documents required by Northern Colorado Water Conservancy District must be ready for presentation to the District's Board of Directors by May 4 ,19~. The transfer fee shall be paid by the Buyer 4. Time is of the essence hereof and if any payment or other condition hereof is not made, tendered or performed by either the Seller or the Buyer as herein provided, then this contract, at the option of the. party who is not in default, may be terminated by such party, in which case the non-defaulting party may recover such damages as may be proper, including costs and attorney fees, In the event of default by either party, nothing herein shall be construed to prevent the non-defaulting party from requiring specific performance of this contract, 5, If the transfer is not approved by the Northern Colorado Water Conservancy District for any reason not the fault of the parties, then this Agreement shall be considered null and void and the funds as described in Paragraph 1, held by Jacobucci Water Brokers, Inc., shall be returned to the Buyer. 6. Seller warrants that title to the Water will be conveyed free and clear of all liens, prior or preemptive rights to pur., chase, encumbrances and assessments, except for the current year's taxes assessment, leases or other pending sales agreements or "first rights of refusal," Seller will pay taxes for year 1998. 7. This agreement consti tutes the entire agreement between the parties hereto, and pertaining to the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect to the subject matter hereof. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, convenants and warranties concerning the subject matter of this agreement are merged herein. 8. The closing referred to herein may not be a formal closing with parties present and documents exchanged but all deliveries and disbursements shall occur at the office of Jacobucci Water Brokers, Inc., 150 S, 17th Avenue Drive, Brighton, CO 80601, 9, Although the quantity of the water purchased is expressed in acre feet, the actual water available is determined by the District from year to year. The Seller makes no warranties expressed or implied regarding the actual quantity that is or may be available. ~e JJl.lv.~-) 5L ~ L,...- X