C153739 Contract - Laserfiche WebLink

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. . . - 2 - 3. Buyer and Seller shall pay their respect ive expenses in meet ing the requi rements of Northern Colorado Water Conservancy District for the transfer, including obtaining an ownership and encumbrance report. Seller shall obtain and pay for an encumbrance report on the seller's irrigated property and furnish copies of any I iens to Buyer. All documents required by Northern Colorado Water Conservancy District must be ready for presentation to the District's Board of Directors by November 3 19~ The transfer fee shall be paid by j!uyer ($70.00) 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 opt ion of the party who is not in defaul t, may be terminated by such party, in which case the non-defaulting party may recover such damages as may be proper, including costs and attorneys fees. In the event of default by either party, nothing herein shall be construed to prevent the nondefaulting 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 shilll be considered null and void and the funds as described in Parligraph I, 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 purchase, encumbrances and assessments, (except for the current year's tax assessment), leases or other pending sales agreements or .. first rights of refusal." THis warranty to title shall survive closing hereunder, and shall remain in full force and effect. Seller will pay taxes for the year 1998 7. This agreement constitutes the entire agreement between the parties hereto, and pertaining to the subject matter hereof and supersedes all prior agreements and understandings of the part ies with respect to the subject matter hereof. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants 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., ISO S. 17th Avenue Drive, Brighton, CO 80601. 9. Although the quantity of the water purchased is expressed in acre feet, the actual water avai lable 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.