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Home My WebLink AboutTOWER SHOPPES PUD - Filed OA-OTHER AGREEMENTS - 2006-08-16LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this A3�J day of May, 2005, by and between G B VENTURES, LLP, a Colorado Limited Liability Partnership, and BGJR LARIMER, LLC, a Colorado Limited Liability Company, the mailing address of which, for purposes of this License Agreement is, 1800 Broadway, Suite 210, Boulder, Colorado 80302 ("Grantors") and WILLIAM DAVID BEARD and SUSAN MAE BEARD, whose address for purposes of this License Agreement is, 35061 Cornerstone Way, Windsor, Colorado 80550 ("Grantees"). WITNESSETH: For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid to Grantors by Grantees, the receipt and adequacy of which are herby confessed and acknowledged, Grantors do hereby grant to Grantees a temporary, revocable license for the limited purposes set forth herein, and subject to the terms and conditions hereof, for the installation, maintenance, repair, replacement and/or removal of water, sewer and other utility facilities and work ("Utility Improvements") as may be required by the City of Fort Collins in connection with Grantees' development of Lot 4, Tower Shoppes P.U.D., Larimer County, Colorado ("Lot 4"). Said license shall be on and over that specific portion of Lot 1, Tower Shoppes P.U.D., Larimer County, Colorado, as more fully depicted on Exhibit "A" attached hereto and incorporated herein by this reference (the "License Area"). The parties acknowledge and agree that this License Agreement is for -the sole use and benefit of Grantees, as owners of Lot 4. It is furthermore hereby mutually covenanted and agreed by and between the parties hereto that the License is granted and subject to the following terms and conditions: 1. This License is created solely for the benefit of Grantees herein and shall not be sold, assigned, transferred or conveyed to any other party, including, without limitation, any successor in interest to Grantees with respect to ownership of Lot 4 (it being expressly understood and agreed that this License is personal to Grantees and upon sale of all or any the City of Fort Collins in connection with Buyers' development of Lot 4 (which license shall reasonably define the extent of the area to which access will be granted, will require Buyers to accomplish all work thereon on at their sole cost and expense, shall require Buyers to properly maintain any improvements installed thereon, and shall require Buyers to indemnify and hold Sellers harmless against any loss, claim, cost, expense or damage arising out of Buyers' use of the license or such utility improvements). 4. At Closing, Sellers shall grant a temporary license or easement permitting up to ten (10) additional parking spaces on that portion of Lot 1 depicted on attached Exhibit B (which license or easement will require Buyers to accomplish all work thereon on at their sole cost and expense, shall require Buyers to properly maintain any improvements installed thereon, and shall require Buyers to indemnify and hold Sellers harmless against any loss, claim, cost, expense or damage arising out of Buyers' use of same. In addition, the right to use such parking spaces shall be subject to termination upon and in the event of Construction of common parking area on Lot 1 as contemplated by the Declaration of Covenants, Conditions, Easements and Restrictions for Tower Shoppes P.U.D. (at which time Buyers' easements and rights for parking upon such common area will be determined in accordance with the terms of said Declaration). 5. Sellers agree to install water detention/quality improvements on Lot 1, Tower Shoppes P.U.D. for the benefit of Lot 4 and additional water detention/quality improvements for Lot 1 (all in accordance with the requirements of the City) as reflected on approved plans reflecting the difference in measurements of rainfall intensity since City standards were revised in 1997. The parties acknowledge that notwithstanding any revisions of City standards, Sellers shall not be required to install further water detention (quantity) improvements for Lot 1. Sellers and Buyers shall exercise diligence in obtaining final approval of design and Sellers shall exercise diligence in installing such improvements, but in any event, shall install such improvements on or before ,�«r h:r ,3r , 2005. Sellerg obligations under this provision shall survive closing. i// A-W6 5m.5 -1— 6. Except as expressl amended and modiYied herein, all of the terms and provisions of the Agreement shall remain the same, and the validity of the Contract is hereby reaffirmed by the parties. (HFSM 05/02/05) 2 7. This Third Amendment may be executed in any one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. 8. This Third Amendment may be executed by facsimile signature, and such facsimile signature shall constitute binding execution of this First Amendment. 9. This Third Amendment shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Contract to Buy and Sell Real Estate as of the day and year first above written. BGJR LARIMER, LLC, a Co ado Limited Liability Company By CC 'lliam W. Re' olds, Manager G B VENTURES, LLP, a Co o ado Limited Liability Partnership B William Re nolds, General Partner "Sellers" WIL'rIAM DAVID SU?pr MAE BEA "Buyers" (HFSM 05/02/05) 3 CF Rol 3Ij�' e i { pyB �rsF i t is f 'iS2 a � c ��3��i�� •leis I� �j' m e w;`c € 8=Eeft [i eF F it aai LU a- o4L In If 1t11 ' I f�a9 MHT uj 0 gig t E sod I= pp y:1i S f I 3dq! EiE3� lit J #t;d 1't'9i f i E q �4 eat �d la s fit: 3F['j;3 t �;• � r° s � 110!lp it ; ;b a F ar a 4: is g s!a ! ? " -di3at d Eiy ft-+ni? acsi s4 : i7 $ : c s � �� i3h 4i3tlii1 �O !' 6 11jt� � fl i t{{ cl ijEa�i ii4{� ifit4i� i i Str3 { � W .I�1 it f! E�, piir3{i ,ly[ J t4jj�JJl E 'j44y. m ��e. zg hie'! a i I i I 31iFii L x _ta4 1 u a .ik I ' n _ ♦ ♦ u , f _ _ a C mx S �J sm z U� 03NoZ A11rUnV 6WO2 83418 MOnOd 10 XOJ 011Otltlat {jt E-j E�(ptEpt��y 11 1j 4i I� a Ei t apex S xo it Si i355i94%! fe"e ' 4,1171iq q WIN I 'I i kh i wo ..1j al0x a�4,�4 s r <4;ptp�,x1 9 ?,i� i iip� adsiP portion of Lot 4 or any interest therein to any other party, this License shall automatically terminate, and thereafter be null and void). GRANTEES ACKNOWLEDGE THAT THEIR RIGHTS AS HEREIN GRANTED ARE NOT ASSIGNABLE TO ANY PARTY AND ANY ATTEMPT TO ASSIGN SAME SHALL AUTOMATICALLY RENDER THE LICENSE AND ANY OTHER RIGHTS HEREIN GRANTED NULL AND VOID. 2. The License herein granted is for the sole purpose of allowing Grantees to install, maintain, repair, replace and/or remove the Utility Improvements required by the City of Fort Collins in connection with Grantees' development of Lot 4, which installation shall only be accomplished in accordance with designs, plans and specifications for same which have been approved by the City of Fort Collins. 3. Grantors shall not be responsible for any cost or expense of installing, maintaining, repairing, replacing and/or removing the Utility Improvements, or the preparation or approval of design of same, or any repair of any damage to any property that may occur in connection with the installation or use of the Utility Improvements, all of which costs and expenses shall be borne in their entirety by Grantees. 4. Grantees shall at all times, at their sole cost and expense, properly maintain and repair any and all Utility Improvements installed within the License Area, and shall properly restore and reclaim any property impacted by Grantees' activities pursuant to this License. 5. Grantees shall indemnify, defend and hold Grantors and their respective affiliates, partners, managers, members, employees and agents, and all other persons or entities holding any interest in' Lot 1 harmless from and against any claims, demands, suits, actions, losses, damages, settlements, judgments, costs or expenses arising out of or in connection with Grantees' use of the License Area or the exercise of Grantees' rights herein granted. Such indemnification shall include, without limitation, all reasonable costs and attorneys' fees incurred by Grantors or any other indemnified party in enforcing this indemnity. Without limiting the foregoing, Grantees shall promptly pay and discharge any and all claims for materials provided or services rendered by any party in connection with the installation of improvements on, or use of, the License Area, (HF&M 05/16/05) 2 and shall promptly cause the removal of any mechanic's lien claims asserted against all or any portion of Lot 1 on account of any such claims. 6. Grantees shall at all times comply with all applicable laws, statutes, rules and regulations regarding the use of the License Area, including, without limitation, all requirements and conditions of the recorded Declaration of Covenants, Conditions, Easements and Restrictions for Tower Shoppes P.U.D. 7. The license and rights of access herein granted shall terminate if at any time Grantees are in default under the terms of this License Agreement. The right and remedies of Grantors under this License Agreement shall be in addition to, not in lieu of, any other rights or remedies otherwise available to Grantors under any other agreement or by operation of law or in equity. Without limiting the foregoing, by execution hereof, Grantors do not waive, and expressly hereby reserve and retain, any and all rights they may have to assert other claims against Grantees or any other party. 8. This License Agreement may be amended, vacated, released, abandoned or terminated, in whole or in part, by instrument executed by Grantors and Grantees. 9. This License Agreement shall not be recorded in the Larimer County real estate records and in the event of recording of same by Grantees, the License and all rights herein granted shall be automatically rendered null and void. W&M 05/16/05) 3 IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first above written. G B VENTURES, LLP, a Col rado Li Liability Partnership By: liam W. Reynold General Partner BGJR LARIMER, LLC, a Color Limit iability Company 9z Manager "Grantors" WILLIAM DAVID BEARD a,,-9 \C�Za6-,-Q SUSAN MAE BEARD "Grantees" (HF&M 05/16/05) 4 STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) he foregoing instrument was acknowledged before me this day of May, 2005, by William W. Reynolds as General Partner of G B VENTURES, LLP, a Colorado Limited Liability Partnership. WITNESS my hand and official seal. My commission expires: Izi(j00 A C% Notary �gj&.544 Public STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) 2The foregoing instrument was acknowledged before me this day of May, 2005, by William W. Reynolds as Manager of BGJR LARIMER, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: 14t- P %L A5 Notary Public n (HF&M 05/16/05) 5 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 07A day of May, 2005, by WILLIAM DAVID BEARD and SUSAN MAE BEARD. WITNESS my hand and official seal. My commission expires:14L -M, a PAY Commission (HF&M 05/16/05) 6 f. EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE LICENSE AGREEMENT BY AND BETWEEN G B VENTURES, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP, AND BGJR LARIMER, LLC, A COLORADO LIMITED LIABILITY COMPANY ("GRANTORS") AND WILLIAM DAVID BEARD AND SUSAN MAE BEARD ("GRANTEES"). The License Area �� II(RIIIII�{II'',il'lil I(`l i�i� + ba u + w+ ', i rr +1-1 Lu �-�u i, Y f -i'- tf F I 1 /f77/t�� -17 £ HOft5fTO01NX0W Z.— ...T^ - m . w m u - ..m.�sam ••••' .snim GENERAL ASSIGNMENT With respect to the real property which is described as Lot 4, Tower Shoppes P.U.D., County of Larimer, State of Colorado (the "Property"), G B VENTURES, LLP, a Colorado Limited Liability Partnership, and BGJR LARIMER, LLC, a Colorado Limited Liability Company ("Assignors"), for the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which are hereby acknowledged, by these presents do grant, bargain, sell, assign, convey and absolutely and irrevocably transfer to WILLIAM DAVID BEARD and SUSAN MAE BEARD ("Assignees"), the non-exclusive right to use any and all development documents, environmental studies, reports, surveys, topos, plans, City planning comments, utility information, engineering and such other documents as may be in Assignors' possession pertaining to the Property. Assignors have provided materials without warranty of accuracy or completeness of same. the foregoing documents and any kind or nature as to the IN WITNESS WHEREOF, Assignors have executed this General Assignment on the a3t!j day of May, 2005. G B VF2KURESP LLP, a /rolora imite Liability Partnership W. ReVnoW, General Partner LARI14ER, LLC, for smite Liability Company Manager (HF&H 05/16/05) THIRD AMENDMENT TO CONTRACT TO BUY AND SELL REAL ESTATE THIS THIRD AMENDMENT TO CONTRACT TO BUY AND SELL REAL 1 ESTATE (this "Third Amendment") is made and entered into this day of May, 2005, by and between BGJR LARIMER, LLC, a Colorado Limited Liability Company, and G B VENTURES, LLP, a Colorado Limited Liability Partnership ("Sellers") and WILLIAM DAV D BEARD and SUSAN MAE BEARD ("Buyers"). 7- 7 RECITALS A. Sellers and Buyers have previously entered into a Contract to Buy and Sell Real Estate dated as of September 22, 2004, as amended by an Agreement to Amend/Extend Contract dated March 9, 2005, and an Agreement to Amend/Extend Contract dated April 15, 2005 (collectively, the "Contract"). B. The subject matter of the Contract is that certain real property known as Lot 4, a Plat of Tower Shoppes P.U.D., City of Fort Collins, County of Larimer, State of Colorado (the "Property"). C. The parties desire to amend certain terms of the Contract, as more fully set forth below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, including the mutual benefits to be derived herefrom, the receipt and adequacy of which are hereby confessed and acknowledged, the parties agree as follows: 1. The Contract is hereby modified to provide that to closing date shall be /� Z3 2005. 2. Buyers hereb waive the survey obTections set orth as Section 4.1 in the Agreement to Amend/Extend Contract dated March 9, 2005, and the Agreement to Amend/Extend Contract dated April 15, 2005. 3. At closing, Sellers shall grant to Buyers, on terms and conditions reasonably acceptable to both parties, a license to enter upon and over a portion of Lot 1, as more fully depicted on the, attached Exhibit A, for the purpose of completing water, sewer and other utility work as required by