HomeMy WebLinkAboutMARTINEZ PUD - FINAL - 4-97A - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSEXHIBIT B
Approved Prelimina_ ita Plan fcr Martinez Pu!
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EXIIISIT A
.e�]ai Descrip;.on of r cope_ ty
THE SEAR -BROWN GRjUF
FULL -SERVICE DESIGN PROFESSIONALS
FOR,N£RL.YRBD. !?Jc
970-18''-5922 FAX: 970-491-068
DESCRIPTION: PARCEL `•D"
A tract of land located in the Northeast Qua: ;:er of Sec;ion 11, Township i N'ot,h Kange 69 West
of the cth Principal Meridian, Ciry of Fort Colirs, County of Larmer, State of Colorado, being more
particularly described as ;_,liows:
Considering the East line of the Northeast Quarter of said Section I 1 as bearing South f;0°06' 14"
West, from a Brass Cap at the Northeast comer 04'said Sec7t;on I I to a Brass Cap at the East Quarter
corner of said Section i 1 and with all bear'rgs contained herein relative thereto:
Cornmencnu at the Northeast corner of said Se,-ticr. 1 1; thence atc;;g said East lire, South 0000614"
West, 1107.06 feet; thence, North 89053'46" West. 260.00 :yet; tlte^ e, South 00°06'l ?" West,
132.07 feet; thence, North S8`03'227" West, "36.46 feet:, ,hence, NOrh 68 ;4'19" West, 97.79 feet
to the PORN 1 OF BEGU4Nm 1G; thence, Sout � 00°00'013 Eas•, = I2.04 feet to North line of Cherry
Street; thence along, said North fine, Nort!: 90°00''D0" West. 404.28 feet to the Southwest corner of
Lot 6, Block 34; thence along the West line of said ;Lot 6, Nortt: 00°01'57" West, 78.08 feet; thence,
Noah 64°58'19" West, 55?0 feet a the West ine of Blcck 34; thence along said West line, North
00'0t':7" West, 1I0.39 feet; thence, South 90°00•Op' East, 58.27 feet; thence. North 26°2i . East,
31.52 feet; thence, South 86°4 P20" East, 179.00 feet; thence, South 50°03'46"East, 13,1.60 feet-,
thence, South 63°34'19" .East, 6.46 feet to the Point of Be2inung.
The above described tract contains 2.814 acres and is sub;ect to all easernent, and rights -of -way now
on record or existing.
779001-d.wpci
tilay 1, 1997
5TA.NDA32pS IN EXCELLENCE
5 B1II ins Efln� The terms and conditions of this
Agreement are to apply to and hind the successors and assigns of
the respective parties hereto.
OWNER:
Date: By:
ATTEST:
Secretary
CITY:
WONDERLAND HILT., DEVELOPMENT
COMPANY, a Colorado corporation;
James W. Leach
CITY OF PORT COLLINS, COLORADO, a
municipal corporation
Date: By:
Janet Me sei —�—
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
kanda Kra7icek, City Clerk —
b �.wTC`.L,ai.�WOtiD'ckLAN�IU�{.MEN'...:.R �
3.2 In the event the site plan for the Property is
amended, the Shared Parking Spaces shall be located cn the
Parking lot as shown on the approved site plan. The exact
location of the of ?hared Parking Spaces within such parking lot
shall be designated by the Owner.
4. 1111=1da". The City shall take all neceseM ensure that the City's property and liability insurance policies
and/or programs cover the uses permitted under this grant of
easement.
5. Notices. Any notice to be
this Agreement shall be given in writing a , may he by either party to
personal delivery or sent by certified mailreturn reQeipt by
requested, first-class postage prepaid, addressed to the
addresses below:
Owner: wonderland Hill Development Companv
attn: Mr. James W. Leach
745 Poplar Avenue
Boulder, CC 80104
City: Janet *Meisel
Cultural, Library and Recreation
Services Department
281 worth College Avenue
Fort Collins, Cc 80521.
Any notice sent in compliance with the requirements of this
pa.r.agraph 5 shall be deemed received either: (1) when received by
the party or parties to whom such notice is addressed; or (ii)
three days after deposit in a United States Post Office or other
Official depository of the Uni
first. ted states mail, whichv eer. occurs
his
all
exhibits he eto��nta theTentireragrreementnbetween the
parties pertaining to the Non -Exclusive Parking Easement
Agreement and fully supersedes all prior ag`-oements and
understandings between the parties pertaining to the Non -
Exclusive Parking Easement Agreement.
7. Rate of A. The date of this Agreement shall be
the last date of execution of this Agreement by the parties as
indicated on dates set below their respective signatures hereto.
8. JLUr1ZAiQ±.14II• The parties hereto agree and consent to
exclusive venue and jurisdictior; of the District Court in and for
*:he County of Larimer, Colorado for any court action commenced by
ither party which relates to this Agreement or the transactions
conte!rplated hereby.
2
NOY=E%CLU8IvB pA[tXYNQ EAB.-Qt .WT ,AGRER ENT
This Easement .,yreenenr o: is made anis
d executed this
June, 1997, between Wonderland Hill DevelopmentCcmpany day
Colorado ccrPO--ation ("Owner"), and the City o Fort Col a
Colorado, a municipal corporation ('City"). liras,
WTTNESSETH
WH4REAS, the o wrier is the owner of a parcel of property in
Lar-imer County, Colorado more partictiarly described on Exhibit
A, attached hereto and incorporated herein be reference (the
"Property"), which is part of .a larger parcel of property being
developed as the Martinez FTJD
WHEREAS, the City is the owner of Martinez Park located
im-ediate'-y to the north of the Property; and
WHEREAS, in exchange for vacation of a park easement and
dedication of a street right of way by the City and needed in
connection with development of the Martinez PUD, the Owner and
the City desire to enter into this shared parking easement
agreement.
NOW, THE_REFCRE, by and in consideration of the above
premises and the within terms and conditior-s, the parties hereto
agree as follows:
1. �Sapt of Easgp�enr. ;he- owner hereby a nor. -exclusive easement on the Property, to }egused Jfcr public
to the ty parking for forty (40, vehicles ("Shared Parking Spaces;") in accr�r-darce kith the terms and conditions set forth herein. Such
park::ng may also be used by the Owner, its tenants and invitees
Of both.
Use QatI.L�th 2ZQj2a y D -v ions. Until Cze Property is
developed, the owner shall designate an area within the Property
sufficient to accommodate the parking of forty (40) vehicles for
general public parking, provided that the Owner shall give the
City thirty (3o) days wr_'-ten notice of co=encement of grading
on the Property or other like site preparation work in -accordance
;ri,_h an approved development plan,and at the expiration of such
3G-day period, the City shall cease using the Property until the
improvements for the Shared Parking Spaces have been completed
snd accepted by the City.
..a
3.1 If the Property is developed in accordance with
the approved preliminary site plan for Martinez PUB, a copy of
which is attached hereto as Exhibit B, the Shared Parking Spaces
shall be located in the parking lot shown on the east portion of
such site plan designated for co=.ercial/;nixed use. The exact
location within the parking lot of the Shared Parking Spaces
shall be designated by the owner.
OV05/97 11-:4 9 FAX 360 M 7736 TRILLIUM CORP MIRE LIMAIR 10002 '002
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Lease With
MTDOM AMMISING CCKPANY OF DDiVER, INC.
ROOT For S T., I
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Advertiaing Sign Location
At IS
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No-'4836 Scalel 11101001
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•02/05/97 11:49 FAY 300 676 7736
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Roof cx,rdaaadvernano tnc
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Toledo Chip A=
419 243 4165
RooTOUTDOOR
TRILLIUM CORP ?MINE LAN.e.IR
Trillium By30013
Lease Number
Date
Z 001/00'.
1. The undersigned, as Lessor, hereby teases and grants exclusively to HOOT OUTDOOR ADVERTISING INC., Lessee, the
Existioe _Sign Space _ (of Ins) entire premises, located it
streetAddrea. college, n/o Willow (3251 a/o Centerline of Cherry)
City Or Town ^9b' L 1
as delineattad on Exhibit A arts
For an original term of S yearn beginning July 15 T�gg3 �/.t the yearly rental al i 740.00
paysbls In Annual Installments, for the purpose of sreenng and maintaining edverdsing signs thereon, including neeaaeary
Supporting structdnas• devices. Illurmnstlon facilities and connections. service ladders and other sopurtanencas thereon. Alter the orl-
Qinal term hereof. this Lease stmall continue In force from year 10 year for a period of live (0) consecutive years unless terminated at the
and of the original term, or any adeltionel year therseher• upon written notice of lamination to Lessor by Losses, served not lass then
thirty pat) days *@We the and of such term or addltlanal yur. Payments Of the annual rental is to Commence updn Start of construction.
2. Lessor represents and warrants instlessortsthe Owner *1the premises above described. with full tight and Author-
Ity to make this Lease, end agrees that he. his tenants, agents, employees, or other parsons actino in nit behalf, shall net place or maln-
taln any object on rho promisee or on any neighboring premises which would in any way obstruct the view of Lessoe's 419n structures.
if such an obstruction occurs the Lessee has the option at requiring the taasor to comove said obstruction, oe the L03eee may Itself remove
the abstructon charging trio cast of said removal to the Lessor.
3. Lessee ;hall3eve the Lessor harmless from ail damage to persons or property by reason of accidents resulting from thsnogugant
acts of Its sganls, employees or others amaloyed in the construction, maintenance, repair of removal of its sign$ On the peas mrty.
4. All urUClUma, materials and equipment placed upon said promises by Losses :hall always remain L.eaaee's peroanal prgpertle
and may no removed by Leaves at soy time up to a "Monabta time attar the termination of this Loess.
S. Lauer Shall have the right to terminate the Lease at any time during the WOO Of this Lvov* It the L"40c Is to Improve the un-
improved property by erecting thereon a pamtanenl commercial or residential bUndirig, leases shalt emote its signs within thirty
(30) day$ arise receipt of a copy of trio applicsWe building permit The Lssaor will upon gluing Such notice return to the Lessee all rent
peld for the unexpired term. It Lessor WI: to commence the erection of tree commercial or residential building within thirty LSO) days
after Losses remdves its signs, Lassen shag again have the eight to occupy the premises and maintain advertising signs subjeetlo thepro-
vitions of this Lease. n any portions of the property are not to be ulsiivd for such building, the Laiaaa has thedptlOn 10 use thOmmalNng
portion on the same terms.
a. if at any time the eroedon. placement. posting, painting. Illumination or maintenance of its signs an the domisvd pnmisea la
prohlbded by any law. ordtnancs of authority or building permits are althat not obtained cc revoked, W It such activity becomes unpro-
noble within the solo Judgment of LWsee. Leaves may terminate Inks Isese by giving Loasor thirty (30) days advance notice ofauch torml-
nation. Lessor Shan mereupoet return to Losses any rent paid In advance lot trio unexpired term.
1. This Lease Shall constitute the mole agreement of the pertlea rdadng to tea Lease of the above described promises. Neimer party
will be bound by SAY statements. warrondes. or promises, orat or mitten, urtleta such statements, warrantiw or promises ere :et form
specincally In this Lease.
a. The word "L.asseP as used heroin shall include Lesson. This Lease Is binding upon, and Inure$ to bonsnt of the helts.exsCUtoe,
su essaors and assigns of laseee and Lsswr.
VAtnese Ta sset: Lessor(3): Trillium Cot;ratio a Washington corp.
$y.
n ertz
Executive Vice resident
Witresas• As To Losses:
Lesaea: Hoot Outdoor AdvertisingInc.
STATF OFJ SRW WASHINGTON
3ATCOM MUM GOUNT7 $s
gefors me• a notary public In and for said county, personally appeared the abgvs named Ken Hercz and
Who acknowledged teat they did sign the tore90ing instrument and that Ins tame Is meir free eat end deed.
g$*llinRRham ., WA 12 day or
In testlmOny whereof, I have hereunto subscribed my name and affixed my otllefAl seat as tared 'C71trV, tltiv Y
March 19 93 O L��---
�� EXHIBIT
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MYATT PC IDI 9704823038 PACE 7
Approved Prelimina2 Situ Plan for MarLinex PUD
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EXHIBIT A
Lugal Description of roperty
THE SEAR -BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
FORMERLY RBD. INC.
,uu tit)11114
r,1RT 6:OI.'.i\5 COLORAD08M21.2hlli
970-482.392.1 FAX: 970.482.6366
DESCRIPTION: PARCEL "D"
A tract of land located in the Northeast Quarter of Section 11. Town§hip 7'North, Range 69 West
of the 6th Principal Meridian, City ofFort Collins, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 11 as bearing South 00006'14"
West, from a Brass Cap at the Northeast comer of said Section I 1 to a Brass Cap at the East Quarter
corner of said Section I l and with all bearings contained herein relative thereto:
Commencing at the Northeast comer of said Section 1 l; thence along said East lino, South 00006'14"
West, 1107.06 feet; thence, North 89"53146" West, 260.00 feet; thence. South 00066114" West,
132.07 fact; thence. North 8800372" West, 236.46 feet; thence, North 68034'19" West, 97.79 feet
to the POINT OF BEGINNING; thence, South 00000'00" East, 212.04 feat to North line of Clterty
Street; thence along said North line, North 90000'00" West, 404.28 Feet to the Southwest corner of
Lot 6, Block 34; thence along the West line of said Lot 6, North 00001157" West, 78.08 feet; thence,
North 64058119/1 West. 55.20 feet to the West line of Block 34; thence along said West line, North
00"01'57" West, 110.39 feet; thence, South 90'W'00" East, 58.27 feet; thellctk North 26121'08' East,
131.52 feet; thence, South 86*41110" East, 179,00 feet; thence, South 50'03'46"East, 131.60 feet;
thence, South 68034' l9" East, 62.46 feet to the Point of Beginning.
The above described tract contains 2.814 acres and is subject to all easements and rights -of -way now
on record or existing.
NEW IVORK • PENNSYLVANIA
CULUY.ADO.11rAH
STANDARDS IN EXCELLENCE
779001-d.wpd
May 1, 1997
F.01IAI. ()PP01t111N11Y I•:MPI.OYER
PACE p
FiWFN.AGWONDnLANDIFASEMENrAOR
6. Entire Agreement. This Agreement, including all
exhibits hereto, contains the entire agreement between the
parties pertaining to the Non-Exolusive Parking Easement
Agreement and fully supersedes all prior agreements and
understandings between the parties pertaining to the Non -
Exclusive Parking Easement Agreement.
7. Date of Agreement. The date of this Agreement shall be
the last date of execution of this Agreement by the parties as
indicated on dates set below their respective signatures hereto.
a. Jurisdiction. The parties hereto agree and consent to
exclusive venue and jurisdiction of the District Court in and for
the County of Larimer, Colorado for any court action commenced by
either party which relates to this Agreement or the transactions
contemplated hereby.
9. Binding Vf a_t. The terms and conditions of this
Agreement are to apply to and bind the successors and assigns of
the respective parties hereto.
OWNZR:
Date: G 1i �11
ATTEST:
Secretary
CITY:
WONDERLAND HILL DEVELOPMENT
COMPANY,^ Colpr44o corporation
By
CITY OF FORT CO LINS, COLORADO, a
municipal Corp ation
py=
ty Xauager
3
lu. Hyw4tl2303e PACE 3
4
3.1 If the Property is developed in accordance with
the approved preliminary site plan for Martinez PUD, a copy of
which is attached hereto as Exhibit B, the Shared Parking Spaces
shall be located in the parking lot shown on the east portion of
such site plan designated for commercial/mixed use. The exact
location within the parking.lot of the Shared Parking Spaces
shall be designated frot time to time by the Owner.
Z In amended, the shared hParking Spaces tshall nbeolocatedrone
tr the heparking is
locationlshownot as o
of the of Shared spaces within ouchapproved site plan. The parkinglot
shall be designated by the owner.
4. Insurance. The City shall take all necessary steps to
ensure that the City's property and liability insurance policies
and/or programs cover the uses permitted under this grant of
easement.
5. NotinAft. Any notice to be given by either party to
this Agreement shall be given in writing and may be errected by
personal delivery or sent by certified mail, return receipt
requested, first-class postage prepaid, addressed to the
addresses belowl
Owner: wonderland Hill Development Company
attn: Kr. James w, Loach
745 Poplar Avenue
Boulder, CO 80304
City: Janet Meisel
City of Port Collins
Cultural, Library and Recreation
services Department
281 North College Avenue
Fort Collins, CO 80521
Ron Rills
Right of flay ,gent
City of Fort collina
P.O. Box Sao
Fort Collins, CO 80322
Any notice sent in compliance with the requirements of this
Paragraph 5 shall be deemed received either: (I) when received by
the party or parties to whom such notice is addressed; or (ii)
three days after deposit in a United states post office or other
Official depository of the United states mail, whichever occurs
first.
2
34o»-sXC LUexvs PARKXNG ZAS1 ZNT AGIRRUMM
This Easement Agreement is made and executed this Z7ih day
of June, 1997, between Wonderland Hill Development Company, a
Colorado corporation ("owner"), and the City of Fort Collins,
Colorado, a municipal corporation ("City").
WITNESSETH
WHEREAS, the Owner is the owner of a parcel of property in
Larimer County, Colorado more particularly described on Exhibit
A, attached hereto and incorporated herein be reference (the
"Property"), which is part of a larger parcel of property being.
developed as the Martinez PUD;
WHEREAS, the City is the owner of Martinez Park located
immediately to the north of the Property; and
WHEREAS,.in exchange for Vacation of a park easement and
dedication of a street right of way by the City in connection
with development of the Martinez PUD, and other good and valuable
consideration, the Owner and the City desire to enter into this
shared parking easement agreement.
NOW, THEREFORE, by and in consideration of the above
premises and the within terms and Conditions, the Parties hereto
agree as follows:
1, Grant of Easement. The Owner hereby grants to the City
a non-exclusive easement on the Property, to be used for public
parking for forty (40) vehicles ("Shared Parking Spaces") in
accordance with the terms and conditions set forth herein. such
parking may also be used by the Owner, its tenants and invitees
of both.
2. UAP until the Broil iFy De�.��......, until the Property is
developed, the Owner shall designate an area within the Property
sufficient to accommodate the parking of forty (40) vehioles for
general -public parking, provided that the Owner shall give the
City thirty (30) days written notice of commencement of grading
on the Property or other like site preparation work in accordance
with an approved development plan, and at the expiration of such
30-day period, the City shall cease using the Property until the
improvements for the Shared Parking spaces have been completed
and accepted by the City. The Owner shall diligently pursue
completion of the parking improvements to minimize the time
during which public parking is not available on the Property. in
the event of delays in completing the improvements, the owner
shall work with the City in good faith to try to accommodate the
City+s overflow public parking needs from events at Martinez
Park.
EXHIBIT
F
PARCEL "A"
A tract of land being a portion of Block 24, City of Fort Collins, located in
the Northeast Quarter of Section 11, Township 7 North, Range 69 West of the
6th Principal Meridian, being more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 11 as
bearing South 00'06'14" West, from a Brass Cap at the Northeast corner of
said Section 11 to a Brass Cap at the East Quarter corner of said Section 11
and with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Section 11; thence along said East
line, South 00'06'14" West, 1107.06 feet; thence, North 89'53'46" West, 60.00
feet to a point on the West line of College Avenue, said point being the
POINT OF BEGINNING, thence along said West line South 00'06'14" West , 26.69
feet; thence departing said West line, South 55'35'31' West, 107.97 feet;
thence North 00'00100' West 87.86 feet, thence South 89'53'46 East, 89.12
feet to the Point of Beginning.
PARCEL "B"
A tract of land being a portion of.Block 24, City of Fort Collins, located in
the Northeast Quarter of Section 11, Township 7 North, Range 69 West of the
6th Principal Meridian, being more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 11 as
bearing South 00*06,14' West, from a Brass Cap at the Northeast corner of
said Section 11 to a Brass Cap at the East Quarter corner of said Section it
and with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Section 11; thence along said East
line, South 00'06'14" West, 1107.06 feet; thence North 89'53'46" West, 60.00
feet to a point on the West line of College Avenue; thence along said West
line South 00'06'14' West, 26.69 feet to the POINT OF BEGINNING; thence
continuing along said West line, South 00*06114" West, 147.53 feet; thence
departing said West line, North 47'37105' West, 26.70 feet; thence North
81'28'37" West, 30.00 feet; thence South 86'31123' West 30.00 feet; thence,
North 87'22114' West, 34.74 feet; thence South 56'42'00" West, 102.00 feet;
thence South 00*061140 East 2.10 feet to a point on a non -tangent curve
concave to the Southeast having a central angle of 13*401570, a radius of
521.44 feet and the long chord of which bears South 49'51'32", West 124.23
feet; thence along the arc of said curve 124.52 feet to a point on a
non -tangent line; thence along said non -tangent line South 00'06114" West,
9.82 feet to the North line of Cherry Street; thence along said North line,
North 90'00100" West, 233.00 feet; thence, North 00*00,000 West, 212.04 feet
thence, South 68'34'19" East, 97.79 feet; thence South 88'03'22" East,
236.46 feet; thence, North 00*06114" East, 132.07 feet; thence South
89'53'46" East, 110.88 feet; thence South 00*001000 East 87.86 feet; thence,
North 55035131" East 107.97 feet to the Point of Beginning.
EEXHIBIT
IN WITNESS WHEREOF, the parties have executed this Addendum to the Purchase
Agreement on the day and year first above written.
SELLER:
By.
ATTEST:
Secretary
BUYER:
PROVED AS TO FORM:
Assistant City Attorney
WONDERLAND HILL DEVELOPMENT
COMPANY, a uni ' orporation
Bruce L. Richardson, Vice President
THE CITY OF FORCOLLINS, COLORADO
a Municipal Corpora ' n
ohn F. Fischbach, City l�v an
�cj�' . �y V�L Q) 1) r
;er
privileges and appurtenances pertaining thereto, including all right, title, and interest of Seller in and
to the adjacent streets, alleys and rights -of -way. City further agrees to purchase, and Seller to sell,
that certain Parking Easement over the Martinez PUD property, as described in and in the form set
forth in Exhibit " F", attached hereto and incorporated herein by this reference (the "Parking
Easement").
4. Paragraph 2 of the Purchase Agreement is hereby amended to read as follows:
442. PURCHASE PRICE. The total purchase price (hereinafter referred to as the
"Purchase Price') for the Park Addition and the Parking Easement shall be the sum of One Hundred
Twenty Thousand Dollars ($120,000.00), payable on the closing date as hereinafter defined
(hereinafter referred to as the "Closing Date"), in either cash, certified funds, or by wire transfer."
5. Paragraph 3.e. of the Purchase Agreement is hereby amended to read as follows, and
the attached Exhibit "G" shall be herein incorporated by this reference and made a part of the
Purchase Agreement, as amended by this Addendum:
"e. Permitted Title Exceptions. The parties acknowledge that the Park Addition
shall be sold and conveyed to Buyer subject to the title conditions (the `Permitted Title Exceptions')
set forth on Exhibit "C" attached hereto and incorporated herein by reference; provided, however,
that certain Existing Sign Space Lease over Parcel A, by and between Root Outdoor Advertising,
Inc., and Trillium Corporation, for a five (5) year term beginning on July 15, 1993 (the "Sign
Lease"), which Sign Lease is attached hereto as Exhibit "G" and incorporated herein by this
reference, shall be assigned by Seller to Buyer at Closing, or shall otherwise be terminated by Seller
in a manner satisfactory to Buyer prior to Closing."
6. Paragraph I La. of the Purchase Agreement shall be amended to substitute a reference
to Exhibit "D" in place of the original reference therein to Exhibit "E".
7. Paragraph 6.b.vii. of the Purchase Agreement shall be amended to substitute a
reference to Exhibit "E" in place of the original reference therein to Exhibit "D".
8. The Purchase Agreement, as modified by this Addendum, shall remain in full force
and effect.
Vj
ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE
THIS ADDENDUM is made and entered into this 26th day of June, 1997, by and between
WONDERLAND HILL DEVELOPMENT CORPORATION (hereinafter referred to as
"Seller") and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation
(hereinafter referred to as the "Buyer").
WHEREAS, Seller and Buyer entered into an Agreement for Purchase and Sale, dated the
23rd day of May, 1997 (the "Purchase Agreement"), concerning the purchase by the Buyer of that
certain real property, described therein as the "Park Addition," in exchange for good and valuable
consideration to be paid to Seller by Buyer, as set forth therein; and
WHEREAS, the parties have since identified additional terms of mutual agreement and
interest, which they desire to incorporate into the term of the Purchase Agreement through the
execution of this Addendum.
NOW, THEREFORE, in consideration of their mutual promises contained herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows:
1. The second "Whereas" clause among the Recitals in the Purchase Agreement is
hereby amended to read as follows:
"WHEREAS, the City, as the owner of Lee Martinez Park located to the north of the
Martinez PUD, desires to acquire two parcels that comprise a portion of the Martinez PUD, which
together total approximately 1.989 acres, to be used as an addition to Lee Martinez Park, which
parcels are depicted and legally described on Exhibits `B-1" and `B-2" and "Revised Exhibit B-3",
attached hereto and incorporated herein by this reference, and which parcels are more particularly
identified as "Parcel A" and "Parcel B" thereupon, and hereinafter collectively referred to as the
"Park Addition"; and"
2. All references to the "Park Addition" in the Purchase Agreement shall be interpreted
to include Parcel A and Parcel B. as described in Revised Exhibit B-3, which is attached to this
Addendum and incorporated herein by this reference, and which is further substituted hereby for
Exhibit B-3 to the original Purchase Agreement.
3. Paragraph 1 of the Purchase Agreement is hereby amended to read as follows, and
the attached Exhibit "F" shall be herein incorporated by this reference and made a part of the
Purchase Agreement, as amended by this Addendum:
94
1. PURCHASE OF THE PARK ADDITION AND RELATED PARKING
EASEMENT. The City hereby agrees to purchase, and Seller agrees to sell, in its present condition,
the Park Addition, together with all rights, tenements, hereditaments, easements, appendages, ways,