HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - FIRST READING OF ORDINANCE NO. 196, 2006, AUTHORIZ ITEM NUMBER: 17
AGENDA ITEM SUMMARY DATE: December5, 2006
FORT COLLINS CITY COUNCIL STAFF: Randy Hensley
SUBJECT
First Reading of Ordinance No. 196, 2006, Authorizing the City Manager to Enter into a Second
Amendment to the Long-Term Lease for Civic Center Village Adjacent to the Civic Center Parking
Structure.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
Staff is proposing to amend the Civic Center Village Ground Lease to clarify various maintenance
responsibilities, and to provide two reserved parking spaces in the Civic Center Parking Structure
for the Civic Center Village leaseholder. This amendment is needed to clarify the maintenance
requirements of the lease,to enhance the business partnership between the leaseholder and the City,
and to ensure an ongoing business relationship.
BACKGROUND
The City completed and opened the Civic Center Parking Structure in 1999. The structure includes
15,000 square feet of commercial space, called the Civic Center Village. The City (the landlord)
leases the Civic Center Village to a private party (the tenant) which in turn sub-leases spaces to
commercial enterprises. The terms and conditions of the lease are defined in a document called the
Ground Lease. The amendment to change the lease to clarify maintenance requirements and to
provide reserved parking spaces for the tenant requires City Council approval.
The original ground lease spelled out certain maintenance responsibilities that must be performed
by the leaseholder. However,the maintenance requirements for two items were not clear. First,the
sewer line that serves the leasehold properties runs under the parking structure, and it was unclear
if the maintenance of that line belonged to the City or to the leaseholder. This amendment clarifies
that the sewer line maintenance belongs to the leaseholder. Second,the original lease specified that
the exterior west wall of the leasehold property is the responsibility of the leaseholder up to a height
of fourteen feet, seven inches,but awnings on that wall which were installed for the benefit of the
leaseholder were mounted above that height. This amendment specifies that routine maintenance
of the awnings will be equally split by the City and the leaseholder, and that major changes to the
awnings will be the sole responsibility of the leaseholder.
December 5, 2006 -2- Item No. 17
The current leaseholder has requested that two parking spaces be reserved for use of the tenant in
the Civic Center Parking Structure in order to expedite the conduct of business in the Civic Center
Village. Staff feels it is in the best interest of the City to grant this request due to the unique
business relationship between the City(landlord)and the leaseholder(tenant). The leaseholder will
absorb the cost of installing the two new spaces,and will pay a premium fee for the spaces to reflect
the additional market value of the spaces when compared to a normal use permit. The location of
the reserved parking spaces will be on the first level of the Civic Center Parking Structure in a place
to be determined by Parking Services. The spaces will be signed to indicate they are reserved, and
will be enforced by Parking Services in a manner similar to other reserved spaces in the parking
structure. The reserved parking spaces will be available to the tenant for the term of the Ground
Lease.
The City's Parking Services Department is responsible for the administration of the Ground Lease,
and will also administer the terms of the new maintenance requirements and the reserved parking
spaces.
ORDINANCE NO. 196, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO
A SECOND AMENDMENT TO THE LONG-TERM LEASE
FOR CIVIC CENTER VILLAGE ADJACENT TO
THE CIVIC CENTER PARKING STRUCTURE
WHEREAS,the City and Phelps Program Management,LLC,a Delaware Limited Liability
Company ("PPM"), entered into that certain ground lease dated September 14, 1998, as amended
by the First Amendment to Ground Lease by and between them and dated November 7, 2000
(together referred to as the"Ground Lease"),for the lease to PPM of the ground floor area along the
western face of the Civic Center Parking Structure building("Civic Center Village");
WHEREAS,on December 1,2003,PPM assigned to Post Modern Development,Inc.("Post
Modern"),PPM's leasehold interest in the Civic Center Village,and all PPM's rights and obligations
set forth in the Ground Lease,pursuant to that certain Assignment of Interest in Ground Lease and
General Warranty Deed to Improvements and Assumption by Grantee", by and between PPM and
Post Modem; and
WHEREAS, the City Manager has negotiated with Post Modern an amendment to the
Ground Lease for the purpose of providing a specific parking benefit to Post Modern in connection
with Post Modern's use of Civic Center Village; and
WHEREAS, the City Manager has negotiated additional amendment provisions to clarify
the respective rights and responsibilities related to the awnings that were previously installed by
PPM along the western face of the Civic Center Parking Structure,above Civic Center Village;and
WHEREAS, the City Manager has further negotiated amendment language to confirm the
City's understanding regarding responsibility for maintenance and repair of certain utility service
lines installed on the Civic Center Parking Structure property for the benefit of Civic Center Village;
and
WHEREAS, pursuant to the Council's authority in Section 23-111 and Section 23-114 of
the City Code, the City Council has previously adopted Ordinance No. 145, 1998, authorizing the
Ground Lease, and Ordinance No. 103, 2001, approving and ratifying the First Amendment to the
Ground Lease; and
WHEREAS, the City Manager has requested that the Council authorize the execution of a
Second Amendment to Ground Lease, in substantially the form attached hereto as Exhibit A and
incorporated herein by this reference(the"Second Amendment"), to modify the Ground Lease for
Civic Center Village as described above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the Ground Lease,as modified by the
Second Amendment, is for the benefit of and in the best interest of the City.
Section 2. That the City Council hereby authorizes the City Manager to execute the
Second Amendment, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney,determines to be necessary or appropriate to protect the interests
of the City.
Introduced, considered favorably on first reading, and ordered published this 5th day of
December, A.D. 2006, and to be presented for final passage on the 19th day of December, A.D.
2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of December, A.D. 2006.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
SECOND AMENDMENT TO GROUND LEASE
This Second Amendment to Ground Lease (the "Second Amendment") is entered into by
and between the CITY OF FORT COLLINS, COLORADO, a Colorado home rule city (the
"Landlord") whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80522-0580, and
CIVIC CENTER LLC, a Colorado limited liability company (the "Tenant") whose address is
144 North Mason Street, Suite 4, Fort Collins, Colorado 80524.
RECITALS
WHEREAS, Landlord and Phelps Program Management, LLC, a Delaware Limited
Liability Company ("PPM") entered into that certain ground lease dated as of September 14,
1998, as amended by the First Amendment to Ground Lease by and between them and dated
November 7, 2000 (together referred to as the "Ground Lease"), for the lease to PPM of a
portion of that certain property owned by and located in the City of Fort Collins more
specifically described in Exhibit "A" attached to the Ground Lease (the "City Property'), the
leased portion of which is more specifically described on Exhibit `B" attached to the Ground
Lease (the"Demised Premises"); and
WHEREAS, on December 1, 2003, PPM assigned to Tenant PPM's leasehold interest in
the Demised Premises, and all PPM's rights and obligations set forth in the Ground Lease,
pursuant to that certain Assignment of Interest in Ground Lease and General Warranty Deed to
Improvements and Assumption by Grantee", by and between PPM and Tenant; and
WHEREAS, the parties desire to amend the Ground Lease for the purpose of providing a
specific parking benefit to Tenant in connection with Tenant's use of the Demised Premises; and
WHEREAS, the parties further desire to amend the Ground Lease to clarify their
respective rights and responsibilities related to the awnings that were previously installed by
PPM along the western face of the City Property, above the Demised Premises; and
WHEREAS, the parties further desire to amend the Ground Lease to confirm their
understanding regarding responsibility for maintenance and repair of certain utility service lines
installed by Tenant on the City Property.
NOW, THEREFORE, in consideration of the Demised Premises and the covenants,
agreements and consideration set forth in the Ground Lease and as provided herein, the parties
hereto agree as follows:
1. Ground Lease Terminology. The capitalized terms used and not defined herein
shall have the meaning as set forth in the Ground Lease
2. Maintenance of Awnings. The parties acknowledge and agree that Section 7.03
of the Ground Lease, relating to Maintenance Work, is hereby amended to add the following new
language after the existing language:
Tenant shall be responsible for the maintenance, repair or replacement of the awnings on
the western face of the City Property, above the windows along the western face of the Demised
Premises, which consist of six straight canvas awnings and two arched metal awnings. The
parties acknowledge that said awnings are and shall continue to be the property of Landlord.
Tenant shall be entitled to a credit on the next successive payment of Base Rent in an amount
equal to fifty percent (50%) of the costs reasonably and actually incurred by Tenant to maintain
and repair said awnings. Landlord shall be entitled to make any such repairs promptly upon a
failure of Tenant to complete the same in a timely manner, and shall in such event be entitled to
reimbursement by Tenant within thirty (30) days of mailing of a written invoice for any costs
incurred by Landlord in carrying out said maintenance, repair or replacement. Tenant shall be
solely responsible for costs associated with the replacement or modification of the awnings, and
any such replacement or modification shall be subject to advance written approval by the
Landlord, in its sole discretion. Any approval by the Landlord hereunder shall be in addition to
and shall not in any way affect regulatory review or permit requirements applicable to the
replacement or modification of the awning and work related thereto.
3. Maintenance of Utility Service Lines Serving the Demised Premises. The
Ground Lease shall be amended to add a new Section 7.17, as follows:
Section 7.17. The parties acknowledge that Landlord has installed certain sewer
service-related improvements on the City Property to facilitate Landlord's operation and
maintenance of the City Property, and that Tenant has also installed certain utility service lines,
including but not limited to sewer service lines, on and under the City Property in the areas set
forth in the REA, which service lines provide utility service to the Demised Premises. The
parties expressly acknowledge and agree that Tenant's rights to maintain said utility service lines
pursuant to the REA are conditioned upon Tenant's maintenance and repair of the same, and
failure by Tenant to properly operate and adequately maintain its improvements on the Demised
Premises and in said easement areas shall constitute a default of this Ground Lease and the REA.
Tenant further acknowledges that Tenant shall be responsible for any and all damage to the City
Property or to other property owned by Landlord, or other damage or injury, resulting from
Tenant's operation and maintenance of said utility service lines or Tenant's negligent acts or
omissions in connection therewith.
4. Parking Permit. The Ground Lease shall be amended to add a new Article XIV,
and a new Section 14.01 therein, as follows:
ARTICLE XIV
PARKING
Section 14.01. Beginning as of the effective date of this Second Amendment, set
forth in Paragraph 8, below, Tenant shall be entitled, for so long as Tenant continues to exercise
its rights under this Article without interruption and to timely pay to Landlord all amounts due
hereunder, to purchase two (2) monthly full-time parking permits in the City's Civic Center
Parking Structure (the "Parking Permits"). Tenant shall be obligated to pay: 1) an initial charge,
payable prior to issuance of the Parking Permits, for Landlord's costs in establishing the
2
Designated Parking Spaces, as said Spaces are hereinafter defined, in the amount of Three
Hundred Dollars ($300.00); and 2) a monthly charge for each of the Parking Permits equal to one
and one-half (1%:)times the market rate for a standard monthly parking permit for the Parking
Structure, to be received by Landlord prior to issuance of the Parking Permits and no later than
the first day of each subsequent month. Tenant may pay for said Parking Permits for up to one
(1) calendar year at a time. The Parking Permits shall entitle the Tenant to at all times, except as
otherwise provided herein, park two (2) vehicles in the Parking Structure, in two spaces
designated by Landlord's Parking Services Office in accordance with this Section. Said
designated parking spaces shall be clearly marked as reserved and unavailable for general public
parking, and shall, as of the effective date of this Amendment, be those certain parking spaces
located on the first level, next to the north wall in the far northeast and far northwest corners of
the section of spaces immediately east of the LaPorte entrance and exit lanes, as shown on
Exhibit C attached hereto and incorporated herein by this reference (the "Designated Parking
Spaces"). Landlord may, from time to time when necessary for Landlord's operation and
management of the Parking Structure, in Landlord's reasonable discretion, change the location of
the Designated Parking Spaces to other locations on the ground floor level of the Parking
Structure at Landlord's sole cost and expense, with advance written notice to Tenant no less than
sixty (60) days in advance of any such change. Tenant's use of the Designated Parking Spaces
shall be contingent upon compliance with such procedures as may be required, in Landlord's
discretion, to enable Landlord to enforce improper use of the parking spaces, such as, for
example, the display of a rear-view mirror hang tag to be provided. The Parking Permits shall
not permit or entitle Tenant to parking in the Parking Structure except in the Designated Parking
Spaces. Landlord may, from time to time, temporarily prohibit use of the Parking Structure, or
the Designated Parking Spaces, in order to allow Landlord to carry out such operational or
maintenance activities as Landlord deems necessary or appropriate, such as, for example,
restriping of spaces, pressure washing, snow removal, and repairs. Tenant shall not be entitled to
take direct action to prevent or enforce against unauthorized use of the Designated Parking
Spaces, and Landlord's enforcement of the restriction on use of the Designated Parking Spaces
shall be conducted consistent with, and as part of, Landlord's routine enforcement of general
restrictions on use of the Parking Structure. By agreeing to allow Tenant to purchase the Parking
Permits and use the Designated Parking Spaces, Landlord does not confer to Tenant any property
interest in the Parking Structure, or any representations or warranties as to the safety or security
of the Parking Structure or fitness of the Parking Structure for any particular use or need of
Tenant. Landlord shall be entitled to the benefit of all limitations, restrictions and procedural
protections set forth in the Colorado Governmental Immunity Act in connection with Tenant's
use or occupation of the Parking Structure. Landlord further notes, and Tenant acknowledges,
that the Parking Structure is open to the public and may be unattended, and that Tenant's exercise
of any rights under a Parking Permit purchased by Tenant shall be at Tenant's own risk.
5. Notice of Amendment. Landlord shall, upon fulfillment of the conditions
precedent set forth in Paragraph 6, below, cause a notice of this Second Amendment to Ground
Lease to be recorded in the real property records of the Clerk and Recorder of Latimer County,
Colorado, and shall provide evidence of such recording to Tenant promptly upon completion.
6. Reaffirmation. Except as amended and modified by this Second Amendment,
the Ground Lease shall be and remain in full force and effect.
3
7. Miscellaneous. This Amendment shall be governed by Colorado Law and shall
be construed in accordance with the miscellaneous provisions set forth in Article XIII of the
Ground Lease to the same extent and as if such terms and provisions were set forth in this
Amendment.
8. Conditions Precedent, Effective Date of Second Amendment. This Second
Amendment shall not be effective until Landlord has submitted the same for recordation
pursuant to Paragraph 5, above, which submission shall be completed promptly after each of the
following events have occurred:
a. The City Council of the City of Fort Collins (herein after "the Council")
approving the Second Amendment by the Council's final adoption of a related
ordinance, in its discretion, on or before January 16, 2007. If Council does
not pass such an ordinance on second reading on or before January 16, 2007,
then this Second Amendment shall be automatically terminated. If, however,
Council does pass such an ordinance on or before January 16, 2007, but
within ten (10) days of the passage of the ordinance a notice of protest against
the ordinance has been filed with the City Clerk of the City of Fort Collins
Pursuant to Section 2(b) of Article X of the Charter of the City of Fort Collins,
then the time for fulfillment of this condition precedent shall be stayed until
either the Council repeals the ordinance or the electors vote to repeal or
approve the ordinance in accordance with Section 2(c) of Article X of the
Charter of the City of Fort Collins. In the event the ordinance is repealed by
Council or by the electors, then this Second Amendment shall be
automatically terminated. If the Council does not repeal the ordinance and if
the electors approve the ordinance, then this condition precedent shall as be
effective as of the date of elector approval.
b. The parties shall properly execute and deliver to one another the general
release forms as described in and attached to that certain letter from Carrie M.
Daggett, Senior Assistant City Attorney to Timothy L. Goddard, legal counsel
for Landlord and Tenant, respectively, dated November 10, 2005.
c. Tenant shall have paid to Landlord the amount of Two Thousand Eight
Hundred Dollars ($2,800.00) in good funds.
4
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the day and year first above written.
TENANT:
CIVIC CENTER, LLC
By:
Name:
Title:
[SEAL] LANDLORD:
THE CITY OF FORT COLLINS:
By:
Name: Darin A. Atteberry
Title: City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
5
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The undersigned, a notary public in and for the above said County and State, does hereby
acknowledge that on the day and year set forth below, personally appeared , in
his capacity as for Civic Center, LLC, a Colorado limited liability
company, being duly sworn by and personally known to the undersigned to be the person who
executed the foregoing instrument in the capacity set forth above, acknowledged to the
undersigned that he voluntarily executed the same for the purposes therein stated.
WITNESS my hand and official seal, this_day of 12006.
[SEAL]
Notary Public for the State of Colorado
My Commission Expires:
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The undersigned, a notary public in and for the above-said County and State, does hereby
acknowledge that on the day and year set forth below, personally appeared Darin A. Atteberry, in
his capacity as City Manager of the City of Fort Collins, Colorado, a Colorado municipality,
being duly sworn by and personally known to the undersigned to be the person who executed the
foregoing instrument in the capacity set forth above, acknowledged to the undersigned that he
voluntarily executed the same for the purposes therein stated.
WITNESS my hand and official seal, this_day of 2006.
[SEAL]
Notary Public for the State of Colorado
My Commission Expires:
6
EXHIBIT A
Description of City Property
TRACT A AND TRACT B OF A FINAL PLAT OF REPLAT OF LOTS 24 THROUGH 39,
INCLUSIVE, BLOCK 21, OF THE TOWN MAP OF THE TOWN OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO,
EXCEPTING THEREFROM THE FOLLOWING:
THAT PORTION OF TRACT B, OF A FINAL PLAT OF A REPLAT OF LOTS 24
THROUGH 39, BLOCK 21, OF THE TOWN OF FT. COLLINS, LARIMER COUNTY,
COLORADO DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF SAID TRACT B AS BEARING SOUTH
00006'30" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO.
COMMENCING AT THE NORTHWEST CORNER OF TRACT C OF SAID FINAL
PLAT OF A REPLAT OF LOTS 24 THROUGH 39, BLOCK 21, OF THE MAP OF THE
TOWN OF FT. COLLINS, LARIMER COUNTY, COLORADO, THENCE SOUTH 15°32'49"
EAST 19.48' TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 1.94 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF 0.45
FEET; THENCE SOUTH 00114'38" EAST, A DISTANCE OF 53.78 FEET; THENCE SOUTH
89045'22" WEST, A DISTANCE OF 0.66 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 17.93 FEET; THENCE SOUTH 89145'22" WEST, A DISTANCE OF 0.66
FEET; THENCE SOUTH 00°14'38" EAST, A DISTANCE OF 32.64 FEET; THENCE NORTH
89°45'22" EAST, A DISTANCE OF 1.33 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 39.07 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF 0.66
FEET; THENCE SOUTH 00014'38" EAST, A DISTANCE OF 14.71 FEET; THENCE NORTH
89°45'22" EAST, A DISTANCE OF 0.66 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 39.07 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF 0.66
FEET; THENCE SOUTH 00114'38" EAST, A DISTANCE OF 17.93 FEET; THENCE SOUTH
89°45'22" WEST, A DISTANCE OF 0.66 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 32.64 FEET; THENCE NORTH 89°45'22" EAST, A DISTANCE OF 1.33
FEET; THENCE SOUTH 00°14'38" EAST, A DISTANCE OF 57.00 FEET; THENCE SOUTH
89°45'22" WEST, A DISTANCE OF 0.66 FEET; THENCE SOUTH 00014'38" EAST, A
DISTANCE OF 9.89 FEET; THENCE NORTH 89°45'22" EAST, A DISTANCE OF 50.80
FEET; THENCE NORTH 00°14'38" WEST, A DISTANCE OF 332.75 FEET; THENCE
SOUTH 89045'22" WEST, A DISTANCE OF 28.80 FEET; THENCE SOUTH 00°14'38"
EAST, A DISTANCE OF 16.14 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF
20.88 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.378 ACRES, MORE
OR LESS.
A-1
AND INCLUDING IMPROVEMENTS THEREON COMPRISING THE FIRST FLOOR OF
THE BUILDING EXTENDING FROM THE BOTTOM FLOOR SLAB TO THE CEILING
SLAB OF SUCH FIRST FLOOR WHICH IS ESTIMATED TO BE APPROXIMATELY 147'
TALL.
COUNTY OF LARIMER, STATE OF COLORADO.
A-2
EXHIBIT B
Demised Premises
THAT PORTION OF TRACT B, OF A FINAL PLAT OF A REPLAT OF LOTS 24
THROUGH 39, BLOCK 21, OF THE TOWN OF FT. COLLINS, LARIMER COUNTY,
COLORADO DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF SAID TRACT B AS BEARING SOUTH
00006'30" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO.
COMMENCING AT THE NORTHWEST CORNER OF TRACT C OF SAID FINAL
PLAT OF A REPLAT OF LOTS 24 THROUGH 39, BLOCK 21, OF THE MAP OF THE
TOWN OF FT. COLLINS, LARIMER COUNTY, COLORADO, THENCE SOUTH 15°32'49"
EAST 19.48' TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 1.94 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF 0.45
FEET; THENCE SOUTH 00114'38" EAST, A DISTANCE OF 53.78 FEET; THENCE SOUTH
89045'22" WEST, A DISTANCE OF 0.66 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 17.93 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF 0.66
FEET; THENCE SOUTH 00°14'38" EAST, A DISTANCE OF 32.64 FEET; THENCE NORTH
89045'22" EAST, A DISTANCE OF 1.33 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 39.07 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF 0.66
FEET; THENCE SOUTH 00°14'38" EAST, A DISTANCE OF 14.71 FEET; THENCE NORTH
89°45'22" EAST, A DISTANCE OF 0.66 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 39.07 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF 0.66
FEET; THENCE SOUTH 00°14'38" EAST, A DISTANCE OF 17.93 FEET; THENCE SOUTH
89°45'22" WEST, A DISTANCE OF 0.66 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 32.64 FEET; THENCE NORTH 89°45'22" EAST, A DISTANCE OF 1.33
FEET; THENCE SOUTH 00°14'38" EAST, A DISTANCE OF 57.00 FEET; THENCE SOUTH
89°45'22" WEST, A DISTANCE OF 0.66 FEET; THENCE SOUTH 00°14'38" EAST, A
DISTANCE OF 9.89 FEET; THENCE NORTH 89°45'22" EAST, A DISTANCE OF 50.80
FEET; THENCE NORTH 00°14'38" WEST, A DISTANCE OF 332.75 FEET; THENCE
SOUTH 89045'22" WEST, A DISTANCE OF 28.80 FEET; THENCE SOUTH 00°14'38"
EAST, A DISTANCE OF 16.14 FEET; THENCE SOUTH 89°45'22" WEST, A DISTANCE OF
20.88 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.378 ACRES, MORE
OR LESS.
AND INCLUDING IMPROVEMENTS THEREON COMPRISING THE FIRST FLOOR OF
THE BUILDING EXTENDING FROM THE BOTTOM FLOOR SLAB TO THE CEILING
SLAB OF SUCH FIRST FLOOR WHICH IS ESTIMATED TO BE APPROXIMATELY 147'
TALL.
COUNTY OF LARIMER, STATE OF COLORADO.
s1
EXHIBIT C
Location of the Designated Parking Spaces
LaPorte Avenue
tB \Designated Spaces/
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M
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Booth
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