HomeMy WebLinkAboutORDINANCE 10-06ORDINANCE NO.10-06
AN ORDINANCE APPROVING THE THIRD AMENDMENT TO THE REAL
ESTATE SALES CONTRACT
FOR THE SALE OF LOT 4,STANLEY HISTORIC DISTRICT ADDITION
TO THE TOWN OF ESTES PARK TO LOT4ED,LLC.
WHEREAS,Section 31-15-713 (1)(b)C.R.S.provides that Estes Park,by
ordinance,may dispose of any property not held or used for park purposes or any
governmental purpose upon terms and conditions the governing body may determine;
and
WHEREAS,pursuant to Ordinance 5-06 the Real Estate Sales Contract dated
February 14,2006 and the First Amendment to the Real Estate Sales Contract
executed August 9,2006 were ratified and approved by Ordinance 5-06 adopted by the
Board of Trustees on August 8,2006;and
WHEREAS,pursuant to Ordinance 8-06 the Second Amendment to Real Estate
Contract was approved by Ordinance 8-06 adopted by the Board of Trustees on
October 24,2006;and
WHEREAS,the Third Amendment to the Real Estate Sales Contract for Lot 4
amends the Second Amendment by extending the date for Purchaser to obtain final
approval of its Amended Development Proposal pursuant to the Stanley Historic District
Master Plan Review Process from December 1,2006 until January 31,2007;and
WHEREAS,it is hereby determined by the Board of Trustees of the Town of
Estes Park that the Third Amendment to the Real Estate Sales Contract should be
approved.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
1.The Third Amendment to the Real Estate Sales Contract attached hereto as
Exhibit A and incorporated herein by reference is hereby approved.
2.The appropriate elected officials and administrative staff of the Town of Estes
Park are hereby authorized to close the sale of Lot 4 according to the terms and
conditions of the Real Estate Sales Contract,the First Amendment to Real
Estate Sales Contract,the Second Amendment to the Real Estate Sales
Contract,and the Third Amendment to Real Estate Sales Contract without
further action and approval of the Town Board.
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3.This Ordinance shall take effect and be enforced thirty (30)days after its
adoption and publication.
Passed and adopted by the Board of Trustees of the Town of Estes Park,Colorado
this i’day of 2006.
TOWN OF ESTES PARK
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Twn Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the I’hday of oece,-&ee.2006 and published in anewspaperofgeneralpublicationintheTownofEstesPark,Colorado,on the
dayof Oec.a*-.&.c.a 2006.
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Toen Clerk
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THIRD AMENDMENT TO
REAL ESTATE SALES CONTRACT
This THIRD AMENDMENT TO REAL ESTATE SALES CONTRACT (hereinafter
referred to as the “Third Amendment”)is entered into the I day of December.2006 by the
Town of Estes Park,a municipal corporation (hereinafter referred to as “Seller”),and LOT4ED,
LLC (hereinafter referred to as “Purchaser”).
PR E MIS ES:
WHEREAS,the Parties entered into the Real Estate Sales Contract on February 14,2006
(hereinafter referred to as the “Contract”);and
WHEREAS,the Parties entered into the First Amendment to Real Estate Sales Contract onAugust9,2006 (hereinafter referred to as the “Ejrst Amendment”);and
WHEREAS.the Parties entered into the Second Amendment to Real Estate Sales Contract
on Octcbcr 25,2C06 (her?inaftcr referred to as the “Second Amcdn’nS);and
WHEREAS,Paragraph 11.11(a)of the Second Amendment provides that the Purchaser
shall obtain approval of its Amended Development Proposal pursuant to the Stanley Historic
District Master Plan Review Process on or before December 1,2006;and
WHEREAS,Purchaser submitted its Amended Development Proposal for review by the
Stanley Historic District Technical Review Committee (the “Technical Review Committee”)in
October,2006;and
WHEREAS,the Amended Development Proposal was reviewed by the Technical Review
Committee on November 16,2006 and November 30,2006;and
WHEREAS.during the November 30,2006 review of the Amended Development
Proposal,the Technical Review Committee approved the Amended Development Proposal with
conditions;and
WHEREAS,final approval of the Amended Development Proposal by the Technical
Review Committee shall not occur until Purchaser incorporates the approval conditions in the
Amended Development Proposal;and
WHEREAS,the Parties agree that the date for final approval of the Amended
Development Proposal by the Technical Review Committee should be extended from December 1,
2006 until January 31,2007;and
THIRD AMENDMENT TO REAL ESTATE SALES CONTRACT
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WHEREAS,the Parties desire to amend the Second Amendment to address the date offinalapprovalasstatedabove.
AGREEMENT:
NOW.THEREFORE.for and in consideration of the Premises,the respective covenants,
agreements and obligations hereinafter set forth,and other good and valuable consideration,thereceiptandsufficiencyofwhichareherebyacknowledged,Seller and Purchaser do hereby agree asfollows:
1.The Paragraph 11.11(a)of the Second Amendment shall be amended by deletion of the date“December 1,2006”and insertion of the date “January 31,2007”
2.All of the other terms and conditions of the Contract,First Amendment and the SecondAmendmentshallremaininfulltbrceandeffect.
p.1 \vfpçp55 WHERFOF,the parties h2rcby execute this Third Amendment
effective as stated herein.
SELLER
TOWN OF ESTES PARK
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CLERK
STATE OF COLORADO )
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COUNTY OF LARIMER
SUBSCRIBED AND SWORN to before me this 14 day of Deca.-&ac-t,2006 by
Mayor of the Town of Estes Park.
Mayor
THIRD AMENDMENT TO REAL ESTATE SALES CONTRACT
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Witness my hand and official seal.
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My Commission Expires:uD3f2Ca7
PURCHASER
LOT4ED,LLC
By:7,
STATE OF COLORADO
COUNTY OF LARRER
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SUBSCRIBED AND SWORN
Grueff,fl2a-.iaçer
to before me this /VCday of
of LOT4ED,LLC.
Drceher ,200óbyEd
Witness my hand and official seal
My Commission Expires:(p -;‘f-.oar
Not24ublic //
Notary
MyComrnissio,Eipres 11103/207
THIRD AMENDMENT TO REAL ESTATE SALES CONTRACT