HomeMy WebLinkAboutOrdinance No. 207, 2025-1-
ORDINANCE NO. 207, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY RELATING TO AN EXCHANGE OF REAL
PROPERTY ON EAST VINE DRIVE AND REAL PROPERTY ON
MOUNTAIN AVENUE AND ALLOW FOR CONSTRUCTION OF A
MUNICIPAL COURT OR PAYMENT
A. City staff has negotiated an agreement (the “Agreement”) with Larimer
County to exchange the City’s two parcels on Mountain Avenue between Mason and
Howes Streets (the “Mountain Avenue Properties”) for the County’s property at 614 East
Vine Drive. The form of the Agreement is attached hereto as Exhibit A.
B. As part of the Agreement, the City will receive title to the parcel located at
614 East Vine Drive, which is approximately 8.74 acres. The City has identified this site
as the preferred location for a future downtown Parks maintenance facility, as well as a
north Transit maintenance and storage facility. The City and County have agreed the Vine
Drive property is worth $4,660,000. The legal description of 614 East Vine Drive is shown
on Page 11 of Exhibit A, which is attached hereto.
C. Larimer County has identified the Mountain Avenue Properties as the
preferred future site of a Larimer County Justice Center expansion. Under the Agreement,
the County will receive the Mountain Avenue Properties, which total approximately 1.83
acres, comprised of two parcels and housing the following six buildings:
117 N. Mason Street – City flex space & winter overflow shelter for the
Fort Collins Rescue Mission
200 W. Mountain Avenue – FC Moves and Global Village Museum
212 W. Mountain Avenue – Center for Family Outreach and TAC 212
256 W. Mountain Avenue – Mountain Café
257 W. Mountain Avenue – City Safe Occupational Health Clinic
112-113 N. Howes Street – Restorative Justice
D. The City and County have agreed that the Mountain Avenue Properties are
worth $5,650,000.
E. The legal description of the Mountain Avenue Properties is shown on Page
10 of Exhibit A, which is attached hereto.
F. As part of the Agreement, the City would have the option through 2028 to
receive $990,000 by mid-2029 or receive a $990,000 credit from the County towards a
partnership with the County to construct a 25,000 -30,000 square foot municipal court as
part of a larger Justice Center expansion. If the City decides to partner with the County to
build the expanded Justice Center for a municipal court, the City and County are required
to negotiate a joint facility agreement, and the City would be responsible for its
proportional costs to build and maintain the building. The City would be able to house the
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municipal court and ancillary operations there until at least through 2056, at which time
the County could require the City to vacate. If the Country requires the City to vacate, the
County must pay the City fair market value for the space.
G. The City will maintain possession of the Mountain Avenue Properties
through 2028. All leases that are currently in place for the Mountain Avenue Properties
will be terminated, and all City depa rtments and tenants located therein will vacate no
later than December 31, 2028.
H. The Agreement also provides that if either the City or the County attempts
to sell the property that it receives under the Agreement, the other party has a right of first
refusal to purchase the property. The right of first refusal extends through 2050.
I. Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, exchange or otherwise dispose of any interests in real property owned by the
City, provided the City Council first finds, by ordinance, that such sale or other disposition
is in the best interests of the City.
J. Section 1-22 of the City Code requires that all intergovernmental
agreements or cooperative activities between the City and other governmental entities be
submitted to the City Council for review, and any approval thereof shall be by ordinance
or resolution of the City Council, subject to certain exceptions. Further, the City is
authorized to enter into intergovernmental agreements to provide any function, service,
or facility under Article II, Section 16 of the Charter of the City of Fort Collins and Colorado
Revised Statutes Section 29-1-203.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council finds that exchanging the City’s Mountain Avenue
Properties for Larimer County’s 614 East Vine Drive on the terms and conditions
described herein is in the best interests of the City.
Section 2. The City Council hereby authorizes the City Manager to execute the
Agreement substantially in the form attached hereto as Exhibit A with such additions,
modifications or deletions to the terms and conditions as the City Manager, in consultation
with the City Attorney, determines are necessary or appropriate to protect the interest s of
the City or effectuate the purposes of this Ordinance.
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Introduced, considered favorably on first reading on December 2, 2025, and
approved on second reading for final passage on December 16, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: December 26, 2025
Approving Attorney: Ted Hewitt
Exhibits: Exhibit A – Agreement for: 1) Exchange of Real Estate Including Land And
Any and All Improvements and 2) Rights of First Refusal to Purchase Back
Property
AGREEMENT FOR: 1) EXCHANGE OF REAL ESTATE
INCLUDING LAND AND ANY AND ALL IMPROVEMENTS AND 2) RIGHTS OF FIRST REFUSAL
TO PURCHASE BACK PROPERTY
This Agreement is made by and between the County of Larimer, a political subdivision
of the State of Colorado, whose address is 200 W. Oak St, Fort Collins, CO 80521, hereinafter
referred to as “the County,” and the City of Fort Collins, a municipal corporation of the State
of Colorado, whose address is 300 Laporte Avenue, Fort Collins, CO 80521, hereinafter
referred to as “the City.”
WITNESSETH:
In consideration of the mutual promises and covenants contained herein and the
respective values of the real properties which are the subject of this Agreement, the County
and the City agree to exchange properties. The County shall receive fee title to the property
which is described in the attached Exhibit “A” (the Mountain Property) and the City shall
receive fee title to the property which is described in the attached Exhibit “B” (the Vine
Property). Together, the Mountain Property and the Vine Property are referred to herein as “the
Properties”.
The agreement for the exchange of the Properties is subject to the following conditions:
1.Effective Date. The Effective Date of this Agreement is January 1, 2026.
2.Value of the Properties. The Parties agree and stipulate that the fair market value of the
Mountain Property is $5,650,000. The Parties agree and stipulate that the fair market
value of the Vine Property is $4,660,000.
3.Deeds; Closing. The City will convey fee title to the Mountain Property to the County by
Special Warranty Deed. The County will convey fee title to the Vine Property to the City
by Special Warranty Deed. Execution of such Deeds shall occur not later than February
27, 2026, at a place, date and hour agreed upon by the Parties (the “Closing”). The
general form for the Special Warranty Deeds is attached hereto as Exhibit C.
4.The Properties. The Parties agree the Mountain Property and the Vine Property include
all improvements located thereon and all of owner’s rights, title, and interest in and to
all appurtenances thereto, including but not limited to the following:
Appurtenances Generally. The Mountain Property and the Vine Property shall
each include all improvements now located thereon, including any fences,
buildings, landscaping, and other improvements, and all fixtures of a permanent
nature. In addition, they shall include all 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 each Property, and in and to all strips and gores of land
EXHIBIT A TO ORDINANCE NO. 207, 2025
lying between each Property and adjoining property or streets, roads or
highways, open or proposed.
Taps. All water taps, gas taps, sewer taps, and any other utility services
belonging or in any way appertaining to each of the Properties.
Other Rights. All water rights and all mineral rights benefiting each Property.
5.Tax Status. The Parties are both governmental entities and are tax exempt; accordingly,
no tax shall be apportioned.
6.Encumbrances. The Properties to be conveyed under this Agreement shall be free and
clear of all liens for special improvements installed as of the date of the Parties’
signatures hereon, whether assessed or not. The Properties to be conveyed under this
Agreement shall be free and clear of all liens and encumbrances, except for the leases
described in Section 7 below and recorded and/or apparent easements. Title for each
property shall be merchantable in the respective owners prior to the date of the
exchange.
7.Leases. Fee ownership of the Properties shall be delivered to the respective new
owners at Closing and shall not be subject to any leases or tenancies, except that this
requirement shall not apply to any leases existing as of the Effective Date covering any
portion of the Mountain Property. The Parties further agree:
a.By January 1, 2026, the City will provide to the County a copy of all leases
covering any portion of the Mountain Property.
b.The City must ensure that all leases, tenancies and City-use covering any
portion of the Mountain Property will terminate as of December 31, 2028, and
that by December 31, 2028 no lease for which the City is the Lessor shall prevent
Larimer County from being able to raze any building on the Mountain Property. If
the City fails to comply with this provision, the Parties stipulate this shall have
an irreparable harm upon the County, and that the County shall be entitled to an
injunction in Larimer County District Court to prevent any person from entering
and using any building on the Mountain Property and requiring the City to
undertake, at the City’s sole expense, any steps necessary to terminate any
leases and tenancies such that County can take full possession and raze any
and all buildings.
c.After Closing and prior to termination of all leases, tenancies, and City-use as
outlined in subsection 7(b), the Parties agree:
i.The City has the irrevocable right to access, manage and control the
Mountain Property, as it best determines in its sole discretion. The
County shall have no responsibility to compensate the City for the
EXHIBIT A TO ORDINANCE NO. 207, 2025
City’s management of the Mountain Property. The County shall not be
responsible for managing any lease or tenancy. The County shall not be
responsible for any repair, maintenance, liability, or regulatory
enforcement on the Mountain Property.
ii. The County will have no right of access, possession, or use of the
Mountain Property without the written permission of the City. The
County will not disturb the City or any of its tenants in their possession
or use of the Mountain Property.
iii. The City will collect and retain all rent due and payable under all such
leases and tenancies for the Mountain Property.
iv. The City will be responsible for any damages relating to the Mountain
Property resulting from its negligence or the negligence of its officers,
employees, tenants and contractors.
v. The City, at its sole cost and expense, will keep in full force and effect a
policy of general liability insurance covering the Mountain Property and
the improvements thereon, insuring the City in an amount not less than
one million dollars ($1,000,000) covering bodily injury, including death
to persons, personal injury and property damage liability arising out of
a single occurrence. Such coverage will include, without limitation,
legal liability of the City for property damage, bodily injuries, and deaths
of persons in connection with the operation, maintenance, or use of the
Mountain Property.
8. Fuel Site. Not later than January 31, 2026, or by mutually agreed upon extended date,
the County shall complete the steps necessary to effectuate the closure of the fuel site
on the Vine Property in accordance with applicable rules of the Colorado Division of Oil
and Public Safety, up to and including required testing. Testing shall require the
removal, disassembly and cleaning of the fuel tanks. If allowed by the state, the
cleaned and disassembled fuel tanks will remain on the property. Any future actions
regarding the fuel tanks and related equipment shall be the responsibility of the City.
9. Improvements. Subject to Section 8, the Parties agree that all of the improvements
currently located on the Properties to be conveyed pursuant to the terms of this
Agreement shall remain, except the AssetWorks card reader equipment. The City shall
take ownership and responsibility of such improvements upon conveyance of the
Properties.
10. Condition of Properties; Risk of Loss. Subject to Section 7 above, the Parties agree that
the improvements and real property to be conveyed pursuant to the terms of this
Agreement are being received and accepted in “as is” condition. The conveying party is
not responsible for any repair, maintenance, condition, remediation or any other issue,
EXHIBIT A TO ORDINANCE NO. 207, 2025
claim or damage arising out of the Property to be conveyed, and the receiving party
agrees to accept all responsibility for such Property upon conveyance. Parties agree to
maintain their property including all improvements until conveyance. City agrees to
maintain any improvements within leased premises as reflected in Section 7 until
termination of such lease, subject to normal wear and tear. After Closing, the receiving
party bears the risk of loss to the Property it receives.
11. Due Diligence. The Parties agree to undertake, complete and disclose, as appropriate,
the following by January 31, 2026:
a. Each Party, at their own expense, may order a title commitment for the Property
that they are to receive;
b. Each Party may, at their own expense, conduct an inspection upon the Property
they are to receive. Such inspection may include, but is not limited to, issues
such as asbestos, environmental, hazardous waste, or hazardous materials.
The Party conducting the inspection shall coordinate in writing with the other
Party to schedule the inspection. The Party conducting the inspection shall be
responsible for any harm relating to the inspection caused by its own negligence
and that of its contractors;
c. Each Party may, at their own expense and using the type of survey it chooses,
conduct a survey of the Property they are to receive;
d. Each Party will submit to the other Party a disclosure statement describing any
and all issues with the Property it currently owns known to that disclosing Party
that would reasonably be considered material to whether the other Party would
decide to continue with the purchase of the Property or terminate this
Agreement; and
e. Each Party shall disclose any known or suspected restrictions, obligations or
requirements that may exist upon either Property, including improvements,
based upon historical designations or potential historical designation.
12. City Use Space in the Justice Center. The Parties acknowledge the intent of the County
is to expand the existing Larimer County Justice Center located at 201 Laporte Avenue.
Upon completion of any expansion undertaken of the Justice Center (which includes
the expansion of the existing building at 201 Laporte Ave or creation of any new building
on the Mountain Property), the Parties agree that the City may use not less than 25,000
square feet but not more than 30,000 square feet within the Justice Center (“City Use
Space”). The Parties further agree:
a. The Parties must execute an agreement that addresses buildout and operations
of the City Use Space by December 31, 2027.
EXHIBIT A TO ORDINANCE NO. 207, 2025
i.The agreement must provide that the City shall be solely responsible
for all appropriate and proportional associated costs of the design,
build, maintenance and operation of the City Use Space.
ii.The agreement must provide that the City will have the right to possess,
use and control the City Use Space for the life of the Justice Center,
which for purposes of the agreement shall be the later of December 31,
2056, or when the County ceases to use the Justice Center for Eighth
Judicial District Court operations. The agreement shall further provide
that if after December 31, 2056, the County chooses to continue to use
the Justice Center structure, but convert the use of the Justice Center
to a non-judicial use, the County shall provide the City one (1) year
advanced notice and upon the City vacating the City Use Space the
County shall pay the City the then Fair Market Value for any remaining
useful life of the City Use Space. If the Justice Center is razed or
otherwise replaced after December 31, 2056, no compensation shall
be provided to either party.
iii.The design of the City Use Space must be consistent with the remainder
of the Justice Center. The specific design of any municipal courts
should be compatible with other courtrooms within the Justice Center.
iv.The specific space to be used by the City shall be mutually agreed to by
the Parties.
v.The agreement must apportion operational and maintenance costs
between the Parties, with the City’s operation costs proportional to the
square footage of the City Use Space in relation to the square footage
of the Justice Center and the same proportion of the common use
areas.
vi.The City shall not be responsible for paying rent for the City Use Space
at any time.
b.The City Use Space may only be used for Municipal Court and ancillary City
services relating directly to the Municipal Court, and no other city operations
may use the City Use Space. No ancillary City services related directly to the
Municipal Court may occur in the City Use Space unless a Municipal Court is
housed within the City Use Space.
c.The County will credit the City $990,000 toward the City’s proportional costs of
the design and build of the City Use Space. At the City’s discretion, on or before
December 31, 2028, the City can elect to receive a payment of $990,000 instead
of receiving a credit towards the design and build of a Municipal Court space
within the Justice Center. If the City elects to receive a payment rather than a
credit, the County shall pay the City $990,000 by June 30, 2029, and the City
forfeits any use, possession or control of the City Use Space contemplated
within this Agreement.
EXHIBIT A TO ORDINANCE NO. 207, 2025
d. At any time, if City does not need or is not using all or a part of the City Use Space,
the Parties agree to discuss the potential reallocation of all or part of the City
Use Space for use by the County for state or county judicial operations, and if
that option is agreeable, the terms therefore.
13. Amendments. This Agreement may be modified or amended only by a duly authorized
written instrument approved by the City Manager of the City and the County Manager of
the County. Oral amendments to this Agreement are not permitted.
14. Termination Prior to Closing. Prior to Closing, if a Party finds objectionable the results
of any report, disclosure or other information from any actions undertaken in Section
11 of this Agreement, such Party shall notify the other Party, and agrees to negotiate in
good faith an acceptable resolution; however if no such resolution can be reached, the
objecting Party may terminate this Agreement without any further obligation by either
Party. The objecting Party must terminate this Agreement by February 13, 2026, or all
such objections shall be deemed waived.
15. Termination After Closing. After Closing, this Agreement may only be terminated by
written amendment.
16. Rights of First Refusal. The Special Warranty Deeds shall provide that upon final
conveyance of the Properties, each Party shall have a Right of First Refusal to purchase
the Property that it conveyed away if the other Party shall attempt to sell the Property at
any time before December 31, 2050.
17. Survival. All warranties, covenants, representations, agreements, and guarantees
contained in this Agreement shall survive the Closing, execution, and delivery of the
Special Warranty Deeds and any other documents contemplated by this Agreement;
and all Parties shall continue to be bound by this Agreement until all of their respective
obligations hereunder have been performed or satisfied. No such warranty, covenant,
representation, or agreement shall merge with said Special Warranty Deeds.
18. Breaches and Remedies. If a Party breaches any of its material obligations under this
Agreement, the other Party may declare the defaulting Party in breach of this Agreement
and pursue any remedies available at law or in equity. Without limiting the foregoing, if
the County breaches this Agreement by failing to allow the City to possess, use and
control the City Use Space as provided by Section 12, the City shall be entitled to
specific performance to such possession, use and control, subject to the other
obligations of this Agreement.
EXHIBIT A TO ORDINANCE NO. 207, 2025
19. Public Purpose. The Parties acknowledge and agree that the exchange of the Properties
subject to this Agreement is in the best interest of the City’s and County’s residents,
respectively, and that the exchange serves a public purpose.
20. Recordation. This Agreement shall be recorded against the Properties in the records of
the Larimer County Clerk and Recorder by the City.
21. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the Parties and supersedes any prior agreement or understanding relating to
the subject matter of this Agreement.
22. Exhibits. All exhibits referred to in this Agreement are incorporated into this Agreement
by reference.
23. Assignment. This Agreement may not be assigned by any Party.
24. Drafting. Each Party acknowledges having had the opportunity to participate in the
drafting of this Agreement. This Agreement shall not be construed against any Party
based upon authorship.
25. Warranty Against Certain Breaches and Defaults. The parties hereto represent and
warrant as of the date hereof and as of the date of Closing that neither the execution of
this Agreement nor the consummation of the transaction provided for herein
constitutes, or will result in, any breach of any of the terms, conditions, or provisions,
or constitute a default under any indenture, charter, bylaw, mortgage, loan agreement,
lien, lease, license, judgment, decree, order, instrument, or other verbal or written
agreement to which the seller is a party of or is subject to, or to which any of the
Properties is subject to.
26. 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 or by email; (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 here:
EXHIBIT A TO ORDINANCE NO. 207, 2025
COUNTY: CITY: Copy to:
Attn: Facilities Director;
Manager
200 W. Oak #4100
Fort Collins, CO 80521
Email Address:
ken.cooper@larimer.or
g;
jmjohnson@larimer.org
Attn: Operations Services
Director
PO Box 580
Fort Collins, CO 80522
tochsner@fcgov.com
Attn: City Attorney’s
Office
PO Box 580
Fort Collins, CO 80522
caoadmin@fcgov.com
27. Appropriations; Failure to Pay Obligations. Any obligation of either Party for fiscal years
after calendar year 2025 are subject to annual appropriation by that Party’s governing
body, in their sole discretion, of funds sufficient and intended for such purposes;
provided however, that the County agrees and warrants that it has appropriated in 2025
sufficient funds intended for the purpose to pay the $990,000 credit or payment
obligation under subsection 12(c) above. The City agrees and warrants that should the
City fail to pay its proportional maintenance and operational costs within ninety (90)
days of being invoiced by County, or the City fails to appropriate and budget sufficient
funds to pay for the City’s proportional maintenance and operational costs under this
Agreement for any future year, that the City must vacate the premises within six (6)
months and shall automatically terminate any rights to possession, use or control of
the City Use Space. If the City fails to vacate, the Parties stipulate this shall have an
irreparable harm upon the County, and that the County shall be entitled to an injunction
in Larimer County District Court.
28. Immunity. Nothing in this Agreement shall be construed to waive the City’s or the
County’s immunity under the Colorado Governmental Immunity Act.
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EXHIBIT A TO ORDINANCE NO. 207, 2025
CITY OF FORT COLLINS, COLORADO
Dated: By:
City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
LARIMER COUNTY, COLORADO
Dated: By:
Chair, Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk Deputy County Attorney
EXHIBIT A TO ORDINANCE NO. 207, 2025
Exhibit “A”
City of Fort Collins:
1.83 acres, more or less, located in the Northeast Quarter (NE/4) of Section 11, Township 7
North, Range 69 West of the 6th P.M., Larimer County, Colorado, being more particularly
described as the following two (2) tracts of land:
Tract 1: 1.03 acres, more or less, located in the Northeast Quarter (NE/4) of Section 11,
Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, being more
particularly described as all of Lot 2, of the Replat of Lots 1 through 49, Block 31, of the Map of
the Town of Fort Collins, Larimer County, Colorado, recorded April 26, 1999, at Reception No.
19990035509, Clerk and Recorder’s Records, Larimer County, Colorado; and
Tract 2: 0.8 acres, more or less, located in the Northeast Quarter (NE/4) of Section 11,
Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, being more
particularly described as all of Lot 4, of the Replat of Lots 1 through 49, Block 31, of the Map of
the Town of Fort Collins, Larimer County, Colorado, recorded April 26, 1999, at Reception No.
19990035509, Clerk and Recorder’s Records, Larimer County, Colorado.
EXHIBIT A TO ORDINANCE NO. 207, 2025
Exhibit “B”
Board of County Commissioners of Larimer County:
8.74 acres, more or less, located in the South Half (S/2) of Section 1 and the North Half (N/2)
of Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado,
being more particularly described as the following two (2) tracts of land:
Tract 1: 7.89 acres, more or less, located in the South Half (S/2) of Section 1 and the North Half
(N/2) of Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County,
Colorado, being more particularly described as all of Lot 1, Larimer County Shops Minor
Subdivision, a Plat of which was recorded May 10, 1996, at Reception No. 19960032878, Clerk
and Recorder’s Records, Larimer County, Colorado; and
Tract 2: 0.85 acres, more or less, located in the South Half (S/2) of Section 1 and the North Half
(N/2) of Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County,
Colorado, being more particularly described in that certain Warranty Deed dated June 14,
2002, from Linda D. Rubin and Ronald B. Vaughan to the Board of County Commissioners
County of Larimer, State of Colorado, recorded at Reception No. 2002066137, Clerk and
Recorder’s Records, Larimer County, Colorado.
EXHIBIT A TO ORDINANCE NO. 207, 2025
Exhibit “C”
Form of Deed
SPECIAL WARRANTY DEED
Grantor:
Grantor Signing Authority and Title:
Grantor Mailing Address:
Grantee:
Grantee Signing Authority and Title:
Grantee Mailing Address:
Effective Date: __________________________
Consideration: $10 and other good and valuable consideration
Attachment A (number of pages): X
Attachment B (number of pages): X
This SPECIAL WARRANTY DEED is made on the Effective Date between Grantor and
Grantee.
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 of which are 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’s successors 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 Attachment 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
demand whatsoever of Grantor, either in law or equity, of, in or to the Property, with the
hereditaments and appurtenances, subject to the terms of the agreement that was
effective January 1, 2026 recorded at [insert reception number] in the records of the Larimer
County Clerk and Recorder.
EXHIBIT A TO ORDINANCE NO. 207, 2025
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 well seized of the Property; has good,
sure, perfect, absolute, and indefeasible estate in law, in fee simple; has good right, full
power, and lawful authority to grant, bargain, sell, and convey the same in manner and
form as aforesaid; that, except as hereinafter provided, the same are free from all former
and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of
whatever kind or nature whatsoever; and the Grantor shall and will WARRANT AND
FOREVER DEFEND 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 any part thereof by, through or under Grantor, subject to all existing easements
and rights-of-way in place or of record; any restrictions, reservations, or exceptions
contained in any United States or State of Colorado Patents of record; 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 property taxes, assessments, and charges
for 2025 and all subsequent years. Grantor’s warranty of title is further subject to the
encumbrances set forth on Attachment B, attached hereto and incorporated herein by this
reference.
AND SUBJECT TO a Right of First Refusal. Grantee, for Grantee and Grantee’s heirs,
successors, and assigns, hereby agrees that until December 31, 2050, Grantee will not sell
the Property, or any part thereof, without first offering same to Grantor for purchase. If, at
any time before December 31, 2050, Grantee receives a bona fide third-party offer to
purchase or otherwise acquire title to the Property, or any part thereof, any contract which
may be entered into between Grantee and such bona fide purchaser shall specifically
provide that the transaction shall be subject to the right of first refusal set forth in this
document. In the event that Grantee enters into such contract with a bona fide third-party
purchaser, Grantor shall have the right to purchase and acquire title to the Property, or the
portion thereof described in such contract, upon the same terms and conditions as therein
provided or, at Grantor’s option, for cash. Grantee shall submit to Grantor a duplicate
original of an executed contract with the bona fide third-party purchaser within five days of
execution, and then Grantor shall have thirty days to notify Grantee whether Grantor intends
to exercise the right of first refusal. If Grantor fails to exercise the right of first refusal or
disclaims such right in writing, Grantee can pursue the sale with the bona fide third-party
purchaser, but such failure to exercise the right or written disclaimer shall not extinguish the
right of first refusal should the sale with the bona fine third-party purchaser not be
consummated, or should some portion of the Property remain owned by Grantee after a
sale.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first written below.
EXHIBIT A TO ORDINANCE NO. 207, 2025
GRANTOR:
Date Signature of Signing Authority
APPROVED AS TO FORM:
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 ORDINANCE NO. 207, 2025
ACCEPTED BY GRANTEE:
Date
ATTEST:
City Clerk
(Print Name)
APPROVED AS TO FORM:
(Print Name)
EXHIBIT A TO ORDINANCE NO. 207, 2025