HomeMy WebLinkAbout2024-062-04/16/2024-Approving a Purchase and Sale Agreement with Poudre School District to Acquire Land for the SoutheasRESOLUTION 2024-062
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A PURCHASE AND SALE AGREEMENT WITH THE
POUDRE SCHOOL DISTRICT TO ACQUIRE LAND FOR THE
SOUTHEAST COMMUNITY CENTER
A.In April2015,Fort Collins voters approved Ordinance No.013,2015,which
extended a quarter-cent sales tax for ten years and such tax is to be dedicated to the
“Community Capital Improvement Program”capital projects and related operation and
maintenance (“CCIP”).
B.Ordinance No.013,2015 includes a requirement that the City construct a
Community Center in southeast Fort Collins focused on innovation,technology,art,
recreation and the creative process,including a large outdoor leisure pool and meeting
spaces dedicated to innovation and creativity (the “SECC”).
C.Poudre School District (“PSD”)uses swim lanes at existing City recreation
facilities for high school swim team practices and meets,but access to lanes for both PSD
and the general public is constrained by the current capacity of the City’s recreation
system.
D.PSD has approximately 10 acres of land available next to Fossil Ridge High
School (the “Land”)that,based on preliminary information,is a suitable site for the SECC,
including all the facility requirements contained in the CCIP ballot language as well as an
indoor aquatics facility that would serve the recreation needs of the Fort Collins
community and allow PSD access to indoor lanes for its swim programs (the “Aquatics
Facility”).
E.On August 15,2023,the City Council adopted Resolution 2023-074,which
stated the Council’s intent that access for PSD students to the new Aquatics Facility be
conditional on PSD and the City agreeing on PSD’s share of the cost for such a facility.
F.On November 7,2023,Fort Collins voters passed a ballot measure
approving a .50%sales tax,with 50%of the revenues to be spent on replacement,
upgrade,maintenance,and accessibility of parks facilities and for the replacement and
construction of indoor and outdoor recreation and pool facilities,and these revenues will
provide an estimated $30-34 million of capital costs funding for the Aquatics Facility.
G.The City,PSD and the Poudre River Public Library District,which is
interested in co-locating a southeast branch library within the SECC,negotiated an
intergovernmental agreement governing the City’s acquisition of the Land from PSD for
the SECC,the construction of the SECC (including the Aquatics Facility)and the
ownership,maintenance and use of the Aquatics Facility (the “SECC IGA”).
H.On December 19,2023,the City Council adopted Resolution 2023-112,
authorizing the Mayor to execute the SECC IGA,which was executed by the parties and
effective December 20,2023.
Resolution 2023-112 stated that details about the land conveyance will be
covered in a separate Purchase and Sale Agreement to be drafted by the City and PSD
and to be presented to the City Council for consideration in early 2024.
J.A copy of the proposed Purchase and Sale Agreement is attached and
incorporated herein as Exhibit “A”.
K.Article XIV,Section 12(2)of the Colorado Constitution,and Section 29-1-
201,et seq.of the Colorado Revised Statutes authorize governmental entities to enter
into intergovernmental agreements,and to cooperate or contract with one another to
provide any function,service,or facility lawfully authorized to each of the cooperating or
contracting units.
L.Section 1-22 of the City Code requires that,with some exceptions,
intergovernmental agreements or cooperative activities between the City and other
governmental entities be submitted to the City Council for review and approval by
ordinance or resolution.
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 authorizes the City Manager to execute the
Purchase and Sale Agreement in substantially the form attached hereto as Exhibit “A”,
with such additional terms and conditions as the City Manager,in consultation with the
City Attorney,determines to be necessary and appropriate to protect the interest of the
City or effectuate the purposes of this Resolution.
Passed and adopted on April 16,2024.
ATTEST:
1Jo,L~
Interim City Clerk
Effective Date:April 16,2024
Approving Attorney:Ryan Malarky
EXHIBIT A TO RESOLUTION 2024-062
AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY
(City Purchaser)
Residential LI Commercial C Industrial ~Vacant Land C Conservation Easement
Property Address/APN:Part of 5400 Ziegler Road,Fort Collins,CO 80528/Part of
8604000904
Seller:POUDRE SCHOOL DISTRICT R-1
Seller Signing Authority and Title:Kristen Draper,Board President
Seller Phone Number/Email:(970)482-7420 kdraper psdschools.org
Seller Mailing Address:2407 Laporte Avenue
Fort Collins,CO 80521
Click or tap here to enter text.
Purchaser:City of Fort Collins,Colorado,a municipal corporation
Purchaser Signing Authority and Title:Kelly DiMartino,City Manager
Purchaser Phone Number/Email:(970)416-2245 wflowers fcgov.com
Purchaser Mailing Address:City of Fort Collins,Real Estate Services
P.O.Box 580
Fort Collins,Colorado 80522
Title Company:Land Title Guarantee Company
Title Company Phone Number/Email:(970)305-8298 customercare ltgc.com
Title Company Mailing Address:3033 East First Avenue,Suite 600
Denver,CO 80206
Click or tap here to enter text.
Consideration
Purchase Price (as of date of execution;subject to change per terms of Agreement):
3,180,000
Earnest Money Deposit:None
Click or tap here to enter text.
Effective Date:Click or tap to enter a date.
Inspection Deadline:120 Days after Effective Date
Closing Date:A mutually agreed date after November 7,2024,but in no event later than
December 31,2024
~Exhibit A -Property Legal Description (#of pages):TBD See Paragraph 3.E below
~Exhibit B -Form of Conveyance Deed (#of pages):3
Exhibit C Escrow Agreement
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.
EXHIBIT A TO RESOLUTION 2024-062
For good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,Seller and Purchaser agree to be legally bound whereby Seller agrees to convey to
Purchaser,and Purchaser agrees to acquire from Seller,the Property as defined below on the terms
and conditions set forth in this Agreement.This Agreement is also subject to any Exhibit A
through G checked above,which is attached hereto and incorporated by this reference.
I.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 a portion of
the northwest corner of the property depicted on Exhibit A (the “Property”).Subject to the terms
and conditions of that certain Intergovernmental Agreement Related to the Southeast Community
Center,dated February 20,2024 (the “IGA”),the parties have agreed that the Purchaser intends to
acquire the Property from Seller for the purpose of constructing a new community center.Section
1.1 .g.of the IGA provides that the Purchaser intends to acquire from the Seller “approximately 10
acres.”The Property has been surveyed to include 10.402 acres.The design and layout of the
community center is not complete and the exact boundaries of the property upon which the
community center will be constructed are not yet known.To comply with the April 30,2024,
deadline in the IGA for the execution of this Agreement,the parties desire to move forward with
this Agreement with the mutual understanding and agreement that the exact legal description of
the Property is subject to change.The parties agree that the area of the Property shall not be less
than 10.0 acres and shall not be more than 10.99 acres.The parties agree to execute,prior to the
Closing Date,an amendment to this Agreement to include a definitive legal description of the
parcel to be conveyed based upon the Purchaser~s 6O0o design plans for the community center.
The Seller also agrees to convey sufficient easements for the extension of a sanitary sewer
easement and a stormwater easement to existing manhole connection points on the Sellers property
as follows:
Stormwater Easement An easement 20 feet wide and 60 feet long running south of the
southern boundary of the 10.402 acre site to the existing Storm Manhole identified on the draft
survey as RIM 4917.88’.
Sanitary Sewer Easement Option #2 An easement 30 feet wide and TBD feet long running
east of the eastern boundary of the 10.402 acre site to a Sanitary Manhole in south part of the
Teachers parking lot circular asphalt drive identified on the draft survey as RIM 4915.31’.
Sanitary Sewer Easement Option #2 An easement 30 feet wide and TBD feet long running
southeast of the eastern boundary of the 10.402 acre site to a Sanitary Manhole in south of the
southeast corner of the band practice field identified on the draft survey as RIM 4912.61’.
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
EXHIBIT A TO RESOLUTION 2024-062
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.~All water taps,gas taps,and sewer taps belonging or in any way appertaining
to the Property.
C.Water Rights.All water,water rights,corporate stock relating to the use of water,
springs,spring rights,wells,well rights,ditches,ditch rights,reservoir rights,tributary,
non-tributary,and not non-tributary water,appurtenant to,customarily used with or upon,
or relating to the use of water on the Property,and any other water or water rights,located
on or appurtenant to the Property,whether or not the same have been adjudicated.
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.
2.Purchase Price and Earnest Money Deposit.
A.While the acreage is subject to change pursuant to paragraph I above,
Purchaser and Seller agree that the “Purchase Price”shall be calculated using a price per
square foot of $7.30.As of execution of this Agreement,the parties agree the Purchase
Price is $3,307,711.18 based upon the current survey of the parcel at 10.402 acres.The
final square footage of the Property and thereby the final Purchase Price shall be
determined by an amendment to this Agreement prior to the Closing Date (“Appraised
Price”).
B.Pursuant to the terms of the IGA,if the voters approve Seller’s November 2024
ballot measure,then at closing Seller will convey the Property to Purchaser at no cost as
part of the Seller’s share of funding of the aquatics facility.If the voters do not approve
Seller’s November 2024 ballot measure,at closing Purchaser will deposit the Appraised
Price of the Property into an interest-bearing escrow account pursuant to an escrow
agreement substantially similar to the form attached as Exhibit C.If the voters do not
approve Seller’s November 2024 ballot but Seller secures a new source of funding for the
aquatics facility after execution of this Agreement and conveyance of the Property to
Purchaser but before January 3 I,2025,the escrowed funds and any accrued interest shall
be released to Purchaser as part of Seller’s share of funding the aquatics facility.If the
voters do not approve Seller’s November 2024 ballot measure and Seller does not secure a
new source of funding by January 31,2025,the escrowed funds and any accrued interest
shall be released to Seller,unless Purchaser and Seller mutually agree to extend the funding
deadline.
EXHIBIT A TO RESOLUTION 2024-062
C.Except as otherwise provided in this paragraph 2,no Earnest Money Deposit is
required in connection with this transaction,the mutuality of the promises of the parties hereto
being deemed adequate consideration.Purchaser will pay closing costs and customary prorations
at the time of closing.
3.Contingencies.This Agreement is contingent upon the following:
A.Appraisal.Seller obtained an appraisal of the Property,performed by John
Vaughan of CBRE who prepared an appraisal report dated July 26,2023.Neither Seller nor
Purchaser objects to said appraisal and both agree that the Property shall be valued at $7.30 per
square foot as set forth in the report.
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 provide 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.Intentionally omitted.
D.Title Insurance Evidence of Title.
1.No later than 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 Commitment”).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 are acceptable to Purchaser.
Purchaser is responsible for the cost of the Title Commitment and Title Insurance.
2.If the Title Commitment 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 ten (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:
EXHIBIT A TO RESOLUTION 2024-062
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.
c)Seller agrees to execute,acknowledge,and deliver any required
instrument and to make any required deposit.
4.If the Title Company refuses to omit any 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,all parties to this Agreement will be released from all obligations
hereunder.
5.If Seller is unable to convey title as provided in this paragraph to Purchaser
due to an act or omission of Seller,Seller is in default and continues to be liable
under this Agreement.
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)In the event Seller fails to cause the removal of 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 for such
payment against the Purchase Price.
E.Survey Legal Description.
The parties each acknowledge that a legal description of the Property is attached
in Exhibit A and incorporated by reference into this Agreement,and each acknowledges
having received a copy of any such description.The parties agree that it is their intent that
the referenced legal description describes the Property except as otherwise expressly
provided,and agree to work in good faith and cooperatively to correct technical errors that
any such legal description is determined to contain;or
EXHIBIT A TO RESOLUTION 2024-062
Purchaser or Seller,at its own expense and within ninety (90)days following
the Effective Date,will provide to the other party an draft (i)ALTA ACSM boundary
survey or (ii)Land Survey Plat (“Survey”).The Survey must include the future location
of property corners and a plat describing courses and distances between the corners,and
total acreage of the Property.The survey is subject to change in accordance with the
provisions outlined in Paragraph I.above.
4.Representations of Seller.Seller represents and warrants,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 requirements of any governmental authority
affecting all or any part of the Property.
C.Seller has the unconditional right and power to execute and deliver this Agreement
and to consummate the transaction(s)contemplated by this Agreement.
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.
E.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 Representations.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 never been used as a landfill,waste dump,or mine.
B.No property in the vicinity of the Property has ever been used as a landfill,waste
dump or mine.
EXHIBIT A TO RESOLUTION 2024-062
C.There has been no installation in,or production,release,disposal,or storage in the
vicinity of the Property of any hazardous material,hazardous waste or other toxic or
regulated substances by any owner,tenant or previous owner or previous tenant,or any
other activity which could have resulted in an environmental condition requiring
investigation or remediation on the Property.
D.There is no anticipated,threatened,or pending proceeding 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
the 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 regarding 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 other regulated substance in or
on the Property.if Purchaser does not provide to Seller written notice of any unsatisfactory
condition,as determined 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 unsatisfactory condition,signed by an authorized representative of
Purchaser,to Seller on or before the Inspection 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 received 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 Property and the
improvements located thereon as a result of these inspections.
7.Maintenance of the Property/Title.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
changes,and agrees not to commit or permit 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
Purchaser in writing.
8.Risk of Loss.Seller shall bear all risk of loss with respect to the Property 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 Purchasers written notice thereof to Seller
within ten (10)days after receipt of written notice from Seller of such fire or other casualty.Upon
the exercise of such option to terminate,this Agreement shall become null 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 transfer to Purchaser
at closing all of Seller’s right,title and interest in and to all insurance proceeds or other
compensation paid or payable to Seller on account of such fire or casualty together with the amount
of the deductible relating thereto.
9.Closing.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
EXHIBIT A TO RESOLUTION 2024-062
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,if any,will be
prorated as of the date of closing in accordance with local practice.
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
property 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.Brokers.
Seller represents and warrants to the Purchaser that Seller has not employed,retained,
or consulted any broker,agent,or other real estate professional with respect to the PropertyWilliam
C.Flowers,REALTOR®,licensed Employing Broker in the State of Colorado,has assisted the
Purchaser with this transaction in his capacity as an employee of the City of Fort Collins,Real
Estate Services department..
14.Remedies on Default.If any note or check received as the Earnest Money Deposit
hereunder or any other payment due hereunder is not paid,honored,or tendered when due,or if
any other 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 perform the
obligations of this Agreement.Seller may recover direct damages as may be proper 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 full force and effect,and Purchaser will have the
right to an action for specific performance or damages,or both.
15.Litigation Expenses.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
litigation,including a reasonable sum for attorneys’fees or similar costs of legal representation.
EXHIBIT A TO RESOLUTION 2024-062
16.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 Larimer County,Colorado.
17.Recommendation of Legal and Tax Counsel.By signing this Agreement,Seller
acknowledges that Seller has been advised that this Agreement has important legal consequences,
and has received the recommendation to consider the examination of title and consultation with
legal and tax or other counsel before signing this Agreement.
18.Notices.Any notice or other communication given by either party to the other relating to
this Agreement must be in writing and shall be deemed given:(i)when delivered personally;(ii)
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 its respective address
as set forth above.
19.Headings.Paragraph headings are used for convenience of reference and in no way define,
limit,or prescribe the scope or intent of any provision under this Agreement.
20.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.
21.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.
22.Time is of the Essence.It is agreed that time is of the essence of this Agreement and each
and every provision.
23.Time Frames.All periods and time frames referred to in this Agreement shall be defined
as calendar days and not business days.
24.Assignment.This Agreement must not be assigned by either of the parties hereto without
the prior written consent of the other party.
25.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,
EXHIBIT A TO RESOLUTION 2024-062
whether oral or written,have been merged and integrated into this Agreement,excluding the
Intergovernmental Agreement Related to the Southeast Community Center,dated February 20,
2024,as it may be amended,and the Escrow Agreement.No subsequent modification of any of
the terms of this Agreement will be valid,binding upon the parties,or enforceable unless made in
writing and signed by the parties.
26.Counterpart.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.
27.Recording.Purchaser may record this Agreement in the real property records of the
Larimer County Clerk and Recorder.
28.Authority.Each person executing this Agreement represents and warrants that he or she is
duly authorized to execute this Agreement in his or her individual or representative capacity as
indicated.
IN WITNESS WHEREOF,the parties have set their hands and seals the day and year
first written below.
SELLER:
Date Signature of Signing Authority
(If Seller is a corporation)
ATTESTED BY:
Corporate Secretary
C If checked,notary below is required:
STATE OF COLORADO )
)ss
COUNTY OF _________
EXHIBIT A TO RESOLUTION 2024-062
The foregoing instrument was acknowledged before me this —day of _______________
_____,by ___________________,[as ______________for
Witness my hand and official seal.
My Commission expires:
Notary Public
SELLER:
Date Signature of Signing Authority
(If Seller is a corporation)
ATTESTED BY:
Corporate Secretary
If checked,notary below is required:
STATE OF COLORADO )
)ss
COUNTY OF ________
The foregoing instrument was acknowledged before me this —day of ______________
______,by ______________________,[as ________________for
Witness my hand and official seal.
My Commission expires:
Notary Public
EXHIBIT A TO RESOLUTION 2024-062
PURCHASER:
Kelly DiMartino,City Manager
City Clerk
(Print Name)
ROVED AS TO FORM:
Assistant City Attorney
(Print Name)
ATTEST: