HomeMy WebLinkAbout2025-106-12/02/2025-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO ACQUIRE 1303 NORTH SHIELDS STREETRESOLUTION 2025-1 06
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY TO ACQUIRE 1303 NORTH SHIELDS
STREET
A.The City seeks to acquire Larimer County’s 12-acre property located at
1303 North Shields Street as a City Natural Area (the “Property”).The acquisition will
support Natural Areas’long running efforts to conserve the Poudre River corridor and
extend river restoration efforts that have taken place on both North Shields Ponds and
adjoining,downstream natural areas.
B.Larimer County seeks to sell the Property,as it no longer requires the
Property for an emergency services facility.Larimer County and the City have agreed
upon an acquisition price of $1,690,000.This purchase price is based on appraised value
established by a third-party appraiser hired jointly by the City and Larimer County.A copy
of the Purchase and Sale Agreement is attached hereto as Exhibit A.The City Manager
executed the Purchase and Sale Agreement,but it is expressly contingent upon City
Council approval.
C.Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other approving authority.
D.City Charter Article II,Section 16 empowers the City Council,by ordinance
or resolution,to enter contracts with governmental bodies to furnish governmental
services and make charges for such services,or enter into cooperative or joint activities
with other governmental bodies.
E.Section 1-22 of the Code of the City of Fort Collins requires City Council
approval of intergovernmental agreements,subject to certain exceptions that are
inapplicable to the Purchase and Sale Agreement.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby approves of the Purchase and Sale
Agreement with Larimer County that is attached hereto as Exhibit A.
Passed and adopted on December 2,2025.
ATTEST:
ityCl
Effective Date:December 2,2025
Approving Attorney:Ted Hewitt
Exhibit:Exhibit A —Purchase and Sale Agreement
EXHIBIT ATO RESOLUTION NO.2025-106
Docusign Envelope ID DEF4C9A5-A4CC-46224434-CO7B8BFCB6CC
AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY
(City Purchaser)
Residential ~Commercial C Industrial C Vacant Land 0 Conservation Easement
Property Address/APN:1303 N Shields Street,Fort Collins,Colorado 80524
Seller:Board of County Commissioners of Larimer County,Colorado
Seller Signing Authority and Title:Board Chair
Seller Phone Number/Email:970-498-5907 /jmjohnson~larimer.org
Seller Mailing Address:200 W.Oak Street
Fort Collins,CO 80521
Purchaser:City of Fort Collins,Colorado,a municipal corporation
Purchaser Signing Authority anti Title:Kelly DiMartino,City Manager
Purchaser Phone Number/Email:970-227-0640 /wflowers~fcgov.com
Purchaser Mailing Address:City of Fort Collins,Real Estate Services
P.O.Box 580
Fort Collins,Colorado 80522
Title Company:Heritage Title Company
Title Company Phone Number/Email:970-494-591 0/nmcfarland@heri agetco.con
Title Company Mailing Address:3491 B.Harmony Road,Ste.110
Fort Collins,CO 80528
Consideration
Purchase Price:$1,690,000.00
Earnest Money Deposit:$100,000.00
Other ~see Exhibit C for specifics):N/A
Effective Date:Click o11(~’?8~iter a chile.
Inspection Deadline:November 18,2026
Closing Date:December ,2026
~Exhibit A -Property Legal Description QI of pages):1
~Exhibit B -Form of Conveyance Deed (#of pages):3
0 Exhibit C -Special Terms and Conditions Addendum ~#of pages):N/A
0 Exhibit D -Lease Addendum c#of pages):N/A
o Exhibit E -Water Rights Addendum (#of pages):N/A
0 Exhibit F -Mineral Rights Addendum cit of pages):N/A
C Exhibit G -Conservation Easement Addendum (it of pages):N/A
This AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY (the
“Agreement”)is made and entered into on the Effective Date by and between Seller and Purchaser.
For good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,
Page
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EXHIBIT A TO RESOLUTION NO.2025-106
Purchaser,and Purchaser agrees to acquire from Seller,the Properly as defined below on the tenns
and conditions set forth in this Agreement.This Agreement is also subject tb any Exhibit A
through C checiced above,which is attached hereto and incorporated by this reference.
1.Description of Property.The real property which is the subject matter of this Agreement
is that certain parcel of real property located in Larimer County,Colorado,which is legally
described on Exhibit A (the ‘Property”).The Property includes all improvements located thereon
and all of Seller’s rights,title,and interest in and to all appurtenances thereto,including but not
limited to the following:
A.Appurtenances Generally.The Property shall include all improvements now
located thereon,including any fences,buildings,landscaping,and other improvements,and
all fixtures of a permanent nature.In addition,the Property shall include all of Seller’s
right,title and interest in and to easements,rights-of-way,future interests,and rights to the
same belonging and inuring to the benefit of the Property,and in and to all strips and gores
of land lying between the Property and adjoining property or streets,roads or highways,
open or proposed.
B.2gR~.All water taps,gas taps,and sewer taps belonging or in any way appertaining
to the Property.
C.Water Rights.All tights to place water to a beneficial use associated with the
Property.Such rights include those that are:confirmed in a court decree;set forth in an
agreement or contract;represented by shares in a corporation,such as ditch or reservoir
company;confirmed in a well permit;and unadjudicated.Such water includes:the water
of any natural stream or natural lalce;the water of any ditch or reservoir;tributary and
nontributaty groundwater;and the water from any water provider.
D.Mineral Rights.Any and all interests in all minerals,ores,metals of any kind and
character,and all coal,asphaltum,oil,gas,or other like substances,including sand and
gravel,all geothermal resources in,on,or under the Property,and all other mineral rights
as are owned by Seller at the time of this Agreement.
Purchase Price and Earnest Mone De osk.
No Earnest Money Deposit is required in connection with this transaction,the mutuality
of the promises of the parties hereto being deemed adequate consideration,and the entire amount
of the Purchase Price,along with closing costs and customary prorations,will be payable by
Purchaser to Seller in immediately available hinds at the time of closing,as hereinafter set forth;
or
Purchaser will malce the Earnest Money Deposit indicated above within ten (10)days
following the Effective Date by check or immediately available funds to the Title Company as part
payment to Seller.The balance of the Purchase Price along with closing costs and customary
prorations,will be payable by Purchaser to Seller in immediately available funds at the time of
closing,as hereinafter set forth.
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3.Contin~eneies.This Agreement is contingent upon the following:
A.ADpraisal.The Parties have obtaincd a joint appraisal,Report dated August 24,
2025,with an effective valuation date of July 28,2025.The Parties have received copies of the
appraisal and both represent they are satisfied with the mutually agreed upon Purchase Price..
B.Disclosures.Within ten (10)days following the Effective Date,and immediately
upon any later discovery by Seller of any disclosure issue not previously submitted to Purchaser,
Seller will ~,rovide to Purchaser a disclosure statement describing any and all issues with the
Property known to Seller that would reasonably be considered material to whether or not Purchaser
would decide to continue with the purchase of the Property or terminate this Agreement.
Purchaser may object to any disclosed issue by providing to Seller written notice by the Inspection
Deadline in accordance with paragraph 6 below.
C.Lead-Based Paint.Unless exempt,if the improvements,if any,on the Property
include one or more residential dwellings for which a building permit was issued prior to January
1,1978,Seller shall provide Purchaser with a completed and signed Lead-Based Paint Disclosure
foun within ten (10)days following the Effective Date.
D.Title Insurance/Evidence of Title.
1.Within ten (10)days following the Effective Date,Purchaser will order a
Title Insurance Commitment from the Title Company,together with copies of all
documents of record related to exceptions identified in the Title Commitment
(together referred to as the “Title Coinmitment’D.The Title Commitment must
show title to the Property in Seller’s name,subject only to those exceptions set forth
on Schedule B-2 to the Title Commitment that arc acceptable to Purchaser.
Purchaser is responsible for the cost of the Title Commitment and Title Insurance.
2.If the Title Conm~itment discloses title defects unsatisfactory to Purchaser
and subject to which Purchaser need not take title,Purchaser may give Seller
written notice of such defects by the date ten (10)days after Purchaser’s receipt of
the Title Commitment,and no later than tcn (10)days after notice of any title
change or discovery of any title defect not disclosed by the Title Commitment.
Seller must attempt in good faith to cure such defects prior to closing,at its expense,
without any other manner affecting the terms of this Agreement.
3.If any instrument or deposit is necessary in order to correct a defect in or
objection to title,the following apply:
a)Any instrument will be in a form and contain terms and conditions
the Title Company may reasonably require so as to be sufficiently satisfied
and omit such defects or objection.
b)Any deposit will be made with the Title Company.
Puithase nut]Sub Agrcemcnl -City P irelinser Page 3 of 17
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c)Seller agrees to execute,acknowledge,and deliver any required
instrument and to make any required deposit.
4.If the Title Company refimes to omit ally title defect or objection prior to
closing,then Purchaser,at its election,has the right to:
a)Accept such title as Seller is able to convey,without any reduction
of the purchase price;or
b)Rescind this Agreement and,upon such rescission pursuant to this
paragraph,Purchaser will be entitled to the return of the amount of money
theretofore paid to Seller or its agent.Upon such payment,this Agreement
wi I be null and void and of no flirthet effect,and all parties to this
Agreement will be released from a I obligations hereunder.
5.If Seller is unable to convey t tie as provided in this paragraph to Purchaser
due to an act or omission of Seller,Sellet is in default and continues to be liable
under this Agre in nt
6.Notwithstanding the foregoing:
a)Any title condition consisting of monetary liens,deeds of trust,or
other financial encumbrances against the Property must be removed by
Seller at or prior to closing,and Seller’s failure to cause the removal of the
same will constitute a default by Seller under this Agreement;and
b)hi the event Seller fails to cause the removal o a financial
encumbrance against the Property prior to closing,Purchaser has the right
to pay amounts required to do so at closing,and to receive a credit or sit h
payment against the Purchase Price.
B.Survey/Legal Description.
~The pai ties each acknowledge that a legal deser ption of the Property is attached
in Exhibit A and incorporated by reference into this Agrcenicnt,and each acknowledges
having received a copy of any such description.The parties agiee hat it is their intent that
the referenced legal description describes the Property ex ept as ot ierwise expressly
provided,and agree to worlc in good faith and cooperatively to correct technical errors that
any such legal description is determined to contain;or
~Purchaser and ~Seller,will within one hundred twenty (120)days following
the Effective Date,jointlyacquire an updated,signed,and sealed (i)ALTAIACSM
boundary survey or (ii)Land Survey Plat (“Survey”).Purchaser and Seller will equally
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EXHIBIT A TO RESOLUTION NO.2025-1 06
share the cost of the survey.The Survey must include stalced property corners and a plat
describing courses and distances between the corners,and total acreage of the Property.
1.If Purchaser is not satisfied with the matters disclosed by the Survey,
Purchaser may give written notice of the specific survey-related defects to Seller
within ten (10)days following the date of receipt of the Survey.Seller may,by
written notice within ten (10)days of receipt of the defect notice,elect to cure the
survey defects or not to cure them.
2.Unless Seller elects to cure the survey defects,Purchaser may,by written
notice at or before closing:
a)Expressly waive th s irvey defe ts and proceed to closing;
b)Terminate this Agreement;or
c)In its sole discretion,elect to cure the survey defects and apply a
portion of the Purchase Price as is necessary to cause the removal of the
survey defects,and the proceeds from this transaction to be otherwise
distributed to Seller upon closing is reduced by that applied amount.
3.If Seller elects to cure the survey defects,Seller may postpone closing for
a reasonable period of time not to exceed sixty (60)days.Seller shall promptly
provide written notice to Purchaser of any such required postponement of closing
at the time of Seller’s election to cure pursuant to paragraph 3.E.I.If,after making
that election,Seller is unable to cure within the time allowed,Purchaser will be
entitled to proceed in accordance with the options stated in subparagraplis 3.E.2a
through 3.E.2c above.
4.Seller and Purchaser agree to update the legal description of the P ~operty
or any portion thereof to be conveyed hereunder as required to correct errors in lhe
legal description identified by the Survey.
4.Representations of Seller.Seller represents and waiTants,as of the Effective Date and as
of closing that,to the best of Seller’s knowledge:
A.There is no litigation proceeding,including but not limited to,any eminent domain
proceeding,pending (or to Seller’s knowledge threatened)against,or relating to any part
of the Property,nor does Seller know of or have reasonable grounds to know of any basis
for any such action.
B.Seller has not received notice of,and to the best of Seller’s knowledge,there are no
violations of any laws,orders,regulations,or rcquirerncnts of any governmental authority
affecting all or any part of the Property.
C.Seller has the unconditional right and vower to execute and deliver this Agreement
and to consummate the transaction(s)contemplated by this Agreement.
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Docusign Envelope lb DEF4C9A5~A4CC4B22-8434-CO7B66FCB6CC
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D.Seller has not received notice of default or breach by Seller of any of the covenants,
conditions,restrictions,rights-of-way,or easements affecting the Property or any portion
thereof;no default or breach now exists or will exist at the time of closing;and no event or
condition has occurred and is continuing that,with or without notice and/or the passage of
time,will constitute such a default or breach
B.Seller represents that it has provided to Purchaser all environmental reports and any
other documentation in Seller’s possession related to the Property.
5.Seller’s Environmental Reiwesentations.Seller represents and warrants as of the Effective
Date and as of closing,that,to the best of Seller’s knowledge:
A.The Property has nevcr been used as a landfill,waste dump,or mine.
B.No property in the vicinity of the Properly has ever been used as a landfill,waste
duinp or mine.
C.There has been no installation in,or production,release,disposal,or storage in the
vicinity of the Property of any hazardous mateijal,hazardous waste or other toxic or
regulated substances by any owner,tenant or previou owner or previous tenant,or any
other activity which could have resulted in an enviromn ntal condition requiring
investigation or remediation on the Property.
D.There is no anticipated,threatened,or pending pioceeding or inquiry by any
governmental authority or agency with respect thereto.
6 Inspection.Purchaser or any designee of Purchaser has the right to make inspections of
tI e physical condition of the Property and the improvements located thereon at Purchaser’s
expense.These inspections may include,but are not limited to,environmental assessments and
inspections regaiding compliance with any building or fire code,environmental protection,
pollution or land use or zoning laws,rules,or regulations,including,but not limited to,any laws
relating to the disposal or existence of any hazardous substance or oilier regulated substance in or
on the Property,If Purchaser does not provide to Seller wiitten notice of any unsatisfactory
condition,a d tejinined in Purchaser’s sole discretion,signed by an authorized representative of
Purchaser,on or before the Inspection Deadline,Purchaser waives any objection to the physical
condition of the Property and the improvements located thereon as of that date.If Purchaser
provides written notice of any unsatisfactoiy condition,signed by an authorized representative of
Purchaser,to Seller on or before the Inspeetioii Deadline,and Seller does not cure such conditions
prior to closing,Purchaser may terminate this Agreement.Upon such termination,all payments
and things of value rcceivcd hereunder by Seller must be returned to Purchaser within ten (10)
days.Purchaser is responsible and will pay for any damage that occurs to the Propeity and the
improvements located thereon as a result of these inspections.
7.Maintenance of the Propertvfl’itle.Seller must keep,or cause to be kept,the Property in
its condition as of the Effective Date until closing,subject to normal wear-and.tear and seasonal
Pu line and Sale Agrcerncnt .City Purchaser Page 6 of 17
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changes,and agrees not to commit or peimit waste thereon.Seller must not cause or permit new
liens,easements,or other encumbrances on the title to the Property,except as expressly agreed by
P irchaser in writing.
8.Rislc of Loss.Seller shall bear all risic of loss with respect to the Properly up until closing
in accordance with this Agreement.In the event of damage to any portion of the Property by fire
or other casualty prior to closing,then this Agreement may be terminated at the option of
Purchaser.This option shall be exercised,if at all,by Purchaser’s wriften notice thereof to Seller
within ten (10)days after receipt of written notice from Seller of such fire or other casualty.Upon
thc exercise of such option to terminate,this Agreement shall become mill and void and neither
party shall have any further liability or obligations hereunder,except as otherwise provided in this
Agreement.If Purchaser does not elect to terminate,Seller shall assign and transfcr to Purchaser
at closing all of Seller’s right,title and interest in and to all insurance proceeds or othet
compensation paid or payable to Seller on account ot such fire or casualty together with the amount
of the deductible relating thereto.
9.Closiniz.All references to “close”or “closing”in this Agreement are deemed to mean the
successful transfer of title of the Property from Seller to Purchaser.The parties agree to close on
or before the Closing Date at the office location of the Title Company or at such other reasonable
time,date,or location as the parties may mutually agree.All Title Company escrow fees shall be
paid by Purchaser.If the close does not occur on or before the Closing Date,then the remedies on
default pursuant to paragraph 15 below shall apply.
10.Proration.Real property taxes and assessments and similar expenses,in accordance with
local practice,will be prorated as of the date of closing.
11.Method of Conveyance.Seller will convey the real property portion of the Property to
Purchaser at the time of closing by deed in the form attached hereto as Exhibit B.The personal
propeity portion of the Property,if any,shall be transferred to Purchaser by Seller at the time of
closing by bill of sale or other appropriate transfer document,free and clear of all liens and
encumbrances,
12.Possession.Seller will deliver possession of the Property to Purchaser upon closing.
13.Brolcers.
Seller and Purchaser each represent and warrant to the other that such party has not
employed,retained,or consulted any broker,agent,or other real estate professional with respect
to the Property;or
~Seller has retained a real estate broker and shall be and hereby is solely responsible for
paying any and all commission due as a result of this sale transaction to said brolcer.Purchaser
has engaged the services of William C.Flowers,REALTOR®,licensed Employing Broker in the
State of Colorado and classified employee of the City of Fort Collins,Real Estate Services.Any
and all commissions due,shall be paid in accordance with a brolcerage cooperation/compensation
Pautimse mid SnIc Aurcemenc .(‘By Purchaser Page 7 of 17
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agreement.To the extent pennitted by law,Seller and Purchaser,each indemni~’and hold the
other harmless from and against all claims,demands,causes of action,debts,liabilities,judgments,
and damages,including,without limitation,any related litigation expenses that may be asserted or
recovered against the other on account of any breach of this representation and warranty.
14.1031 Exchange.If Seller requests,Purchaser agrees to make reasonable efforts to
cooperate with Seller in the achievement of a tax-deferred real estate exchange pursuant to
Section 1031 of the Internal Revenue Code and the l’reasuiy Regulations implementing that
Section,In particular,Purchaser may be asked,and Purchaser hereby agrees,to cooperate in and
consent to the assignment of Seller’s rights in this Agreement for the purpose of such an exchange.
Purchaser shall not be required to incur any additional liability or expense in connection with
Seller’s tax deferred exchange transaction.
15.Remedies on Default.If any note or checlc received as the Earnest Money Deposit
hereunder or any other payment due hereunder is not paid,honored,or tendered when due,or if
any othei obligation hereunder is not performed as herein provided,the remedies are:
A.If Purchaser is in default,then the Earnest Money Deposit,if any,is forfeited by
Purchaser and may be retained by Seller,and both parties will be released from all
obligations under this Agreement.It is agreed that the Earnest Money Deposit is liquidated
damages and is Seller’s sole and only remedy for Purchaser’s failure to pcrform the
obligations of this Agreement.Seller may recover direct damages as may be propel’and
Seller expressly waives the remedies of specific performance and additional damages.
B.If Seller is in default,Purchaser may elect to treat this Agreement as terminated,in
which case all payments and things of value received hereunder will be returned to
Purchaser,and Purchaser may recover such damages as may be proper,or Purchaser may
elect to treat this Agreement as being in lull force and effect,and Purchaser will have the
right to an action for specific performance or damages,or both.
16.Litigation Exnenses.In the event any party defaults in any of its covenants or obligations,
and a party not in default commences and prevails in any legal or equitable action against the
defaulting party,the defaulting party expressly agrees to pay all reasonable expenses of the
Ii igation,including a reasonable sum for attorneys’fees or similar costs of legal representation.
17.Governing Law/Venue.The parties intend and agree that this Agreement is to be construed
and enforced according to the laws of Colorado,and that venue in any proceeding related to the
subject matter of this Agreement will be in Larimner County,Colorado.
18.Recon-unendation of Legal and Tax Counsel.By signing this Agreement,Sellei
acknowledges that Seller has been advised that this Agreement has important legal consequences,
and as rece ved he recommendation to consider the examination of title and consultation with
legal and ax or other counsel before signing this Agreement.
19.Notices Ally notice or other communication given by either party to the other relating to
th s Agreement nust be in writing and shall be deemed given (i)when delivered personally’(F)
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on the first business day which is three (3)days following mailing by certified mail,return receipt
requested or with tracking,and postage prepaid;or (iii)the next business day after sending by a
nationally recognized overnight delivery service and addressed to the party at itsrespcctive address
as set forth above.
20.Headings.Paragraph headings nit used for convenience of reference and in no way define,
limit,or prescribe the scope or intent of any provision under this Agreement.
21.Construction.Words of the masculine gender include the feminine and neuter gender and
when the sentence so indicates,words of the neuter gender refer to any gender.Words in the
singular include the plural and vice versa.Definitions of defined terms are intended to apply
throughout this Agreement.This Agreement is to be construed according to its fair meaning,and
as if prepared by all parties,and is deemed to be and contain the entire understanding and
agreement between the parties.
22.Binding Effect/Joint and Several Liability.This Agreement is binding upon and inures to
the benefit of the parties and their respective heirs,administrators,successors,and assigns.If
Seller consists of more than one individual or entity,each such individual or entity is jointly and
severally liable for any and all obligations of Seller hereunder
23.Time is of the Essence.It is agreed that time is of the essence of this Agreement and each
and every provision
24.Time Frames.All periods and time frames referred to in this Agreement shall be defined
as calendar days and not business days
25.Assignment.This Agreement must not be assigned by either of the parties hereto without
the prior written consent of the other party.
26.Entire Agreement.Modification.This Agreement constitutes the entire contract between
the parties relating to the conveyance of the Property,and any prior agreements pertaining thereto,
whether oral or written,have been merged and integrated into this Agreement.No subsequent
modification of any of the terms of this Agreement will be valid,binding upot the parties,or
enforceable unless made in writing and signed by the parties.
27.Counternart,Facsimile,and Electronic Signatures.This Agreement may be executed in
two or more counterparts,each of which shall be deemed an original,but all of which together
shall constitute one and the same Agreement.Signatures may be delivered by facsimile copy or
electronic format.Facsimile and electronic signatures are binding on the parties as if they were
originals.
28.Recording.Purchaser ~may or may not record this Agreement in the real property
records of the Larimer County Clerk and Recorder.
29.Authority.Each person executing this Agreement represents arid warrants that he or she is
duly authorized to execute this Agreement in his or her individu’il or representative capacity as
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30.Appropriation.To the cxtcnt this Agreement or any provision in it requires payment of any
nature iii fiscal years subsequent to (lie current fiscal year and constitutes a multiple fiscal year
debt or financial obligation of the Purchaser,it shall be subject to annual appropriation by Fort
Collins City Council.
31.Council Anproval.As this Agreement is an intergovernmental agreement under Section 1-
22 of the Code of the City of Fort Collins,Council approval of this Agreement is required.
Purchaser may terminate this Agreement without penalty and without further obligation and
receive the Earnest Money Deposit back if the Fort Collins City Council does not approve this
Agreement on or before December 2,2025.
ATTEST:
04k of the~2~
Date:Ui.
STATE OF COLORADO
COUNTY OF I AL.uno
)
)ss
)
The foregoing instrument was
2025,by i’n 6 h?nJ
Larimer County,Colorado.
acknowledged before me this ~j day of
as Chair of tile Board of County
N o ywn
Cominissiollers,
Witness my hand and official seal.
Notary Public 7
My Commission expires:Qi /.30 %o a—i
[DEIRORE 6 O’NEILLNOTARYPUBLIC
STATE OF COLORADO
NOTARY ID 20194004164
MY COMMISSION EXPIRES JAN 30,2027
IN WITNESS WFIEREOF,the
first written below
parties have set their hands and seals the day and year
SELLER:
Board of County
County,Colorado
Commissioners Larimer
Chair ‘I
APPROVED AS TO FORM:
41/
0 u Corin~~ttomey
Date:10122/2025
Purchase and Sole Agreement City Purchaser
Point Version 2021
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PURCHASER:
City of Fort CoiJ~gfl.dbY.
11/17/2025
Date Kelly DiMarthi~~T~M~nager
ATTEST:
Do@uSign.cl by:
Slr~~
Ci Clerk ~34E243Od3OO42O Signed by:
D Coldiron
~Print Name)
APPROVED AS TO FORM:
DocuSIgn*d by:
~7I~1P nnn,srTh
Assistant City Attorney
Ted Hewitt
(Print Name)
I’LTrchasc and Sole Agrccmcnl -City l’nrchnscr Page 11 of 17
Forni Veision 2021
Docusign Envelope D DEF4G9A5-A4CC~4B22-6434-CO7885FCB6CC
EXHIBIT A TO RESOLUTION NO.2025-106
EXUIBIT A
Property Legal Description
Address:1303 N Shields Street,Port Collins,Colorado 80524
Paicel Numbers;[1 97031 00 947,[2]9703 1-00-920
Legal Description:[1]TR IN NB 1/4 3-7-69,[2]TR IN NB 1/4 3-7-69 DBSC:BEG AT PT FROM
WI-JE 1/4CORISN 89 31 30’B3OFT,5019’30’E66142FT,TH S 8931’30’W370 FT,N0
19’30’W 20 FT,N 8931’30’B 370 PT,5019’30’B 20 FTTPOB
Ifl’•1 I ~‘I I —.
‘3,
w —
ThiN a -
C MArl 4
I’LIIthase and Sale Agiecinen Cily I’urclinse Page 12 of 17
l’omi Version 2021
DQeucgn Envelope D DEF4C9A5-A4CC4B224434-CD7B8BFCB600
EXHIBIT ATO RESOLUTION NO.2025-106
EXHIBIT B
General Form of the Special Warranty Deed
SPECIAL WARRANTY
DEED
Grantor:Board of County Commissioners of Larimer County,Colorado
Grantor Signing Authority and Title:Click or lap here lo cntcr [cxl.
Grantor Mailing Address;200W.Oak Street,Fort Collins,CO 80521
Grantec:City of Fort Collins,Colorado,a municipal corporation
Grantee Signing Authority and Title:Kelly DiMartino,City Manager
Grantee Mailing Address:P.O.Box 580,Fort Collins,Colorado 80522
Effective Date:Click or tap to emer a date.
ConsIderation:One Million Six Hundred Ninety Thousand Dollars ($1,690,000.00)
Exhibit A (number of pages):One (1)
Exhibit B (number of pages):01)0 (1)
This SPECIAL WARRANTY DEED is made on thc Effective Date between Grantor and
Grantee.
WITNESSETH:
That Grantor,for and in consideration of the sum of the Consideration above and other
good and valuable consideration to Grantor in hand,paid by Grantee,the receipt and adequacy
ofwhich arc hereby confessed and acknowledged,has granted,bargained,sold,and conveyed,
and by these presents does hereby grant,bargain,sell,convey,and confirm unto Grantee and
Grantee’ssuccessors and assigns forever,those certain parcels of real property,together with all
improvements,if any,situate,lying,and being in the County of Larimer,State of Colorado,
more particularly described on Exhibit A,attached hereto and incorporated herein by this
reference,which real property shall be hereinafter referred to as the “Property”.
TOGETHER with all and singularly the hereditaments and appurtenances thereto
belonging,or in any way appertaining,and the reversion and reversions,remainder and
remainders,rents,issues,and profits thereof,and all estate,right,title,interest,claim,and
deinandwliatsoever of Grantor,either in law or equity,of,in or to the Property,with the
hereditarnents andappurtenances.
TO HAVE AND TO HOLD the Property above bargained and described with the
appurtenances unto Grantee and its successors and assigns forever.And Grantor,for itself and
its personal representatives,successors and assigns,does covenant,grant,bargain,and agree to
and with Grantee and its successors and assigns,that at the time of the ensealing and delivery of
these presents Grantor is wellseized of the Property;has good,sure,perfect,absolute,and
indefeasible estate in law,in fee simple;has good right,fill power,and lawful authority to
l’urchagc and Snie Agrecijicuf —C y ~Page 1 3 of 17
I~wrn Vc1310n 202 I
Docuslgn Envelope 0 DEF4C9A5~A4CC~4S22-8434-CO756BFCB6CC
EXHIBIT A TO RESOLUTION NO.2025-1 06
grant,bargain,sell,and convey the same in manner and foim as aforesaid;that,except as
hereinafter provided,the same ale free from all former and other grants,bargains,sales,liens,
taxes,assessments,and encumbrances of whatever kind or nature whatsoever;and the Grantor
shall aiid will WARRANT AND FOREVER DEF ND the Property in the quiet and peaceable
possession of Grantee and Grantee’s successors and assigns against all and every person or
persons lawfully claiming the whole or ai y part thcico by,through or under Grantor,subject
to all existing easements and rights-of-way in place or of record;any restrictions,reservations,
orexceptions contained in any United States or State of Colorado Patentsofr cord;all zoning and
other governmental rules and regulations;statutory lien rights resulting from the inclusion of
the Property in any special taxing or improvement districts;all oil gas or other mineral
reservations or exceptions of record;and general properly taxes,asses ment ,and chauges for
the year as dated below by Grantor and all subsequent years.Grantor’s warranty of title is fu tb r
subject to the encumbrances set forth on Exhibit B,attached hereto nd inco pout edhe cm by
this reference.
IN WITNESS WHEREOF,the parties have set their hands and seals the day and year
first wiittcn below.
GRANTOR:~‘%~Board of County Connuissioners Larliucu
County,~
I SEAL .9 Colorado
/Chair
‘<çí
ATTEST:APPROVED AS TO FORM:
Dejiuiy Cler ~f the Board p4hty Cou4Attorney
Date:1 //SOZ5 Date:10122!2025
STATE OF COLORADO )
)ss
COUNTY OF Lan mu
The foregoing instrument was acknowledged before me this ~day of ye 44 bet
2026,by 4~nsIin S~p~ms as Chair of the Board of County Commissioners,
Larimer County,Colorado.
Witness my hand and official seal.DIANNE CHENEY
NQ~lic CJ~t
My Commission expires:I a?202
i u chase and Sale Agrcenieiit Ciiy I’Luchnsel Page 14 of 17
1½rn Versioi 202!
Docusign Envelope 0 DEF4C9A5-A4CC4B224434-CO7B8BFCB6CC
EXHIBITATO RESOLUTION NO.2025-106
ACCEPTED BY GRANTEE.
Date Kelly DiMartino,City Manager
ATTEST:
City Clerk
(Print Name)
APPROVED AS TO FORM:
Assistant City Attorney
(Print Name)
Purchase null Sole Agicenieni -Oly P uehaccr Page 15 of 17
Form Vci~ion 2021
DccuSgn Envelope ID DEF4C9A5-A4CC4BZ2-8434-CO7B6BFCB6CC
EXHIBIT A TO RESOLUTION NO.2025-106
EXHIBIT A
To the Special Warranty Deed
Address:1303 N Shields Street,Fort Collins,Colorado 80524
Parcel Numbers:[1 97031-00-947,[2]97031-00-920
Legal Description:[1]TR IN NB 1/4 3-7-69,[2]TRIN NE 1/4 3-7-69 DESC:BEG AT PT FROM
WHE 1/4 CORISN 89 31’30’B3OFT,S 019’30E661.42FT,THS 89 31’30’W37OFT,NO
19’30’W 20 FT,N 8931’30’8370 PT,SO 19’30820 FT TPOB
‘urclI3igc mid Sale Agicerne it City J’n,cl,nscr Page 16 of 17
Paim Version 202J
Docusign Envelope ID DEF4C9A5-A4CC-4B22.8434-CO7BBBFCB6CC
EXHIBITATO RESOLUTION NO.2025-106
EXHIBIT B
To the Special Warranty Deed
Encumbrances
To be replaced U~Ofl receipt of a title co,nniitinciat
Puiclinse nod Side Asitcoicn(CiLy Pu Page 17 of 17
1?°~’~Vcrsic,ii 202 I