LIVE AND ONLINE - Parelli Ranch Auction
Start Bidding:
5/4/2023 2:53:00 PM MSTEnd Bidding:
7/29/2023 10:00:00 AM MSTEvent Date:
7/20/2023 9:25:00 AM MSTAddress:
1134 Parelli Institute DriveTERMS:
Auction Terms and Conditions
(Parelli Ranch Auction)
All bidders and participants in this auction sale hereby agree that they have read and fully understand the following terms. By participating in this auction sale, bidders and participants further agree to be bound by the terms and conditions of auction contained herein.
General Information: United Country – Western Land & Lifestyle Properties (herein as “AUCTIONEER”) has a contract with the Parelli Pagosa Properties LLLP (herein as “SELLER”) to offer at public sale (herein as “AUCTION”), the property commonly referred to as the Parelli Ranch (herein as “PROPERTY”), consisting of 318+/- acres of deeded land (herein as “LAND”), associated mineral rights (if any) (herein “MINERAL RIGHTS”), associated wells, ponds, and water rights (herein as "WATER RIGHTS"), and assignment of an associated Agricultural Lease for grazing of an additional 328+/- acres of adjacent land owned by the State of Colorado (herein as “GRAZING LEASE”) and a Recreational Lease for year-round horseback riding and winter horse-drawn sleigh rides of an additional 200+/- acres of adjacent land owned by the State of Colorado (herein as “RECREATIONAL LEASE”). The Property will be offered to the public at a live onsite auction, accompanied by online and telephone bidding (as required). The Auction is with reserve, and all bids received at auction are subject to seller(s) confirmation.
Auction Submission Deadline: All sealed bids must be received no later than Wednesday, July 19th, 2023 by 5:00pm (MST). All sealed bids shall be opened and reviewed by the Seller and Auctioneer, on Thursday, July 20th, 2023. Bidders will be notified by Auctioneer after all bids are opened and reviewed.
Bid Submission Form: To participate in the Auction, all prospective Bidders must submit their bids via the Sealed Bid Submission Packet and deliver a completed bid packet to Auctioneer, prior to the deadline as outlined above.
Any Bidder unfamiliar to the Seller or the Auction Company may be required to submit a letter of financial credit and good standing from their bank, and should be prepared to present said proof upon request. Seller reserves right to waive proof of financial credit and good standing from bidders that are known to Seller or Auctioneer.
Buyers Premium: a Five Percent (5%) Buyer’s Premium shall be added to any offer placed in the auction, which will determine the total contract price to be paid by the successful Bidder(s), as outlined in the Sealed Bid Submission Form.
Method of Auction: The property will be offered in a Sealed Bid Auction, as a single tract in its entirety, including the Land, appurtenant mineral rights (if any), Water Rights, and assignment of the Grazing Lease and Recreational Lease of State lands.
Title Insurance & Deed: Seller shall provide an owner’s title insurance policy to the Buyer in the amount of the purchase price, at the Seller’s expense. The Property shall transfer by General Warranty Deed.
Real Estate Taxes: The 2022 and prior years taxes will be paid by the Seller. The 2023 taxes shall be prorated to the date of closing.
Property Inspection: It is the sole responsibility of the Bidder to:
- perform all inspections (legal, environmental, economic, or otherwise) of the Property and to be satisfied as to its condition prior to bidding;
- review all property information and due diligence materials;
- independently verify any information Bidder deems important, including information available in public records; and
- inquire of public officials as to the applicability of and compliance with state land leases, uses, environmental laws, zoning, building and health & safety codes and ordinances and any other local, state or federal laws and regulations.
Property Preview Instructions: Auctioneer strongly recommends that any prospective Bidder personally inspect the Property prior to placing a bid in the Auction. To schedule a time to visit the Property and perform an inspection, the Bidder and/or Bidder’s Broker should contact Auctioneer. You can reach the Auction Company (Rob Gash) at (970) 986-2955.
Acceptance of Bids (Winning Bidder, a/k/a Buyer):
- Once a sealed bid is approved by the Seller and upon being declared the successful winning bidder, the Bidder will be required to place into escrow with the closing company a non-refundable down payment (earnest deposit) in the amount equal to Five Percent (5%) of the total contract price. The Deposit, due by the first legal banking day following acceptance of the offer, and shall be: a) in U.S. Funds; b) paid by a wire transfer or cashiers or personal check; and c) held by the Closing Company pending completion of the closing process. Bidder shall take possession of the Property upon successful closing and transfer of title, subject to any matters contained in the Title Commitment and the Real Estate Auction Sales Contract.
- The Bidder shall immediately execute and deliver a completed Real Estate Auction Sales Contract together with all related Addenda for the Property at the Auction. The fully executed Real Estate Auction Sales Contract shall control all terms and conditions of the sale and constitute the entire agreement between Buyer and Seller. In the event of any conflict between these Terms and Conditions of Sale and the Terms and Conditions of said Real Estate Auction Sales Contract, the Terms and Conditions of the Real Estate Auction Sales Contract shall prevail. NO CHANGES TO THE TERMS AND CONDITIONS OF THE REAL ESTATE AUCTION SALES CONTRACT WILL BE PERMITTED. BUYER WILL BE REQUIRED TO EXECUTE THE REAL ESTATE AUCTION SALES CONTRACT “AS-IS” ON THE AUCTION DATE. THIS SALE IS NOT CONTINGENT ON THE BUYER’S ABILITY TO OBTAIN FINANCING.
- If for any reason the Bidder fails or refuses to deposit the required funds on the Auction Date, or on the first legal banking day following the Auction Date, or fails to execute the Real Estate Auction Sales Contract immediately after being confirmed as the winning Bidder, the Seller, at the Seller’s sole discretion, may declare the Bidder’s rights forfeited and may re-sell the Property, and/or may seek damages from said Bidder for losses incurred by Seller for Bidder’s failure to act in accordance with the terms and conditions as specified herein.
- Cash Sale: Bids placed in the Auction are NOT subject to the Bidders ability to obtain financing, so all Bidders must have their financing arranged prior to bidding at the auction. The Down Payment (earnest deposit) is a “non-refundable” deposit in the event a Bidder cannot complete closing.
- Closing will be held at Colorado Title and Closing Services, Address 456 Lewis St, Pagosa Springs, CO 81147 and closing is scheduled to be on or before Tuesday, August 22nd, 2023. The closing agent is Sara Townsend and she can be reached at 970-247-5464, stownsend@coloradotitleservices.com.
Conveyance of Water Rights: Seller and Seller’s related entity, Pat Parelli International Study Center, Inc., shall convey all right, title and interest in and to all ditch and ditch rights, water and water rights, whether surface, groundwater or storage rights, and wells and well rights appurtenant to the Property. All water rights will be conveyed by bargain and sale deed or other applicable legal instrument without warranty of title. Seller shall expressly convey the following well permits and water rights:
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- Wells and well rights associated with Colorado Division of Water Resources Well Permit Nos. 69088- F, 223103, and 223104;
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- Water rights for the following structures decreed in Case Nos. 98CW4 (Dec. 13, 2000) and 06CW112 (Dec. 19, 2013), Water Division 7: Guest House Spring, Guest House Pond, Main House Pond, Lodge Pond, Upper Parelli Pond No. 1; Upper Parelli Pond No. 2, and Lower Pond;
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- Water rights for the following structure decreed in Case Nos. 09CW5 (March 17, 2010) and 16CW3009 (Sept. 9, 2016), Water Division 7: Parelli Well; and
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- The augmentation plan decreed in Case No. 09CW4 (March 17, 2010), Water Division No. 7.
Assignment of Grazing Lease and Recreational Lease: Seller and Seller’s related entity, Parelli Natural Horse-Man- Ship, Inc., as Lessee Agricultural Lease No. 112525, commencing September 27, 2019 for a ten-year term, and Recreational Lease No. 115113, commencing March 1, 2023 for a five-year term, with the State of Colorado State Board of Land Commissioners, shall assign to Buyer at Closing all rights, duties, and obligations under the Grazing Lease and Recreational Lease and all duties and liabilities under each Lease shall transfer to Buyer. Seller makes no representations or warranty as to the assignability of the Grazing Lease and Bidder acknowledges that acceptance of such assignment by the State of Colorado is subject to evaluation of an assignment application and decision by a review panel in accordance with applicable State laws, rules, and policies.
Conservation Easements: Portions of the Property are encumbered by the terms and conditions of one or more conservation easements held by the La Plata Open Space Conservancy. By participating in the Auction, Bidder acknowledges the significance, restrictions, and limitations of said easements on the use of the Property and that all such restrictions and obligations shall be transferred to Buyer at Closing.
Survey: The Property is legally described and no survey is required to close this transaction. In the event Bidder/Buyer desires a survey of the property, it shall be at the sole expense of the Bidder/Buyer.
Conveyance of Mineral Rights, If Any: Seller makes no representations as to the ownership of any mineral rights underlying the Property, but shall convey any interest Seller has in the mineral rights underlying the Property by separate mineral deed without warranty of title.
Buyer’s Broker Guidelines: Upon the Closing of the transaction contemplated herein, Auctioneer shall be paid a commission pursuant to a separate written agreement between Auctioneer and Seller. If a Buyer’s Broker is properly registered with the Auctioneer in accordance with the guidelines specified within the Buyer’s Broker Registration Form, then at closing, the Buyer’s Broker shall be paid a commission of two percent (2%) of the high bid amount as shown on the Auction Sales Contract. If for any reason whatsoever (including the default of any party hereto), the Closing hereunder does not occur, then no commission shall be due and payable to Buyer’s Broker. To qualify for a commission, the Buyer’s Broker must register the prospect, using the Buyer’s Broker Registration Form provided by the Auctioneer. There will be no exceptions to the guidelines and no oral registrations will be accepted. No Broker will be recognized that is participating as a principal, buyer, or partner in the purchase.
Disclaimer:
- Personal on-site inspection of the Property is recommended and the bidders are advised to independently verify all information they deem important. This Property is being sold “AS-IS”, “WHERE-IS” and with “ALL-FAULTS”. The Seller and Auctioneer have not made, will not make, and hereby disclaim, any representation or warranty, whether expressed or implied or statutory, whether oral or written, with respect to the Property, including, without limitation, any warranty as to its value, condition, acreage, square footage, suitability, merchantability, marketability, operability, zoning or subdivision regulations, mineral rights, wind rights, water rights, lease rights, environmental condition or fitness for a particular use or purpose. No Guarantees are given as to the availability of utilities or accesses, or the permitted or allowable uses of the Property.
- Neither the Seller, its attorneys, any broker, nor the Auctioneer, shall be liable for any relief including damages, rescission, reformation, allowance or adjustments based on the failure of the Property, including, but not limited to, amount of acreage, square footage, zoning, and environmental condition to conform to any specific standard or expectation, or to any third-party documents or information.
Agency Disclosure: The Auctioneer and Broker are acting exclusively as the agent for Seller in this transaction and is to be paid a fee pursuant to a separate written agreement between Seller and Auctioneer. The Auctioneer is not acting as agent in this transaction for any Bidder. Any third-party broker is not a subagent of Auctioneer.
Equal Opportunity: All bidding is open to the public. The Property is available to qualified Bidders without regard
to a prospective Bidder’s race, color, national origin, religion, sex, familial status, or physical handicap.
Miscellaneous:
- All decisions of the Auctioneer are final as to the methods of bidding, disputes among Bidders, increments of bidding, and any other matters that may arise before, during, or after the Auction. Seller reserves the right to deny any person admittance to the Auction or expel anyone from the Auction who attempts to disrupt the Auction.
- The Property, in whole or part, is subject to sale prior to the Auction.
- Bidders are given notice that the Auction may be video or audio recorded and photographed.
- Auctioneer reserves the right to accept or reject any bidding via the internet, by telephone, or by written bid.
- All announcements made Auction Day supersede any prior oral or written statements. The Seller reserves the right to announce additional Terms and Conditions of the sale prior to or during the Auction.
- Rob Gash, Colorado Broker ER.100037774.
AUCTIONEERS FOR THIS AUCTION ARE SELLING AGENTS ONLY AND MAKE NO REPRESENTATIONS CONCERNING THE PROPERTY WHATSOEVER.