HomeMy WebLinkAboutORDINANCE 08-060 0
ORDINANCE NO.08-06
AN ORDINANCE APPROVING THE SECOND 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 31-15-73 (1)(b)C.R.S.provides that Estes Park,byordinance,may dispose of any property not held or used for park purposes or anygovernmentalpurposeupontermsandconditionsthegoverningbodymaydetermine;and
WHEREAS,pursuant to Ordinance 5-06 the Real Estate Sales Contract datedFebruary14,2006 and the First Amendment to the Real Estate Sales ContractexecutedAugust9,2006 were ratified and approved by Ordinance 5-06 adopted by theBoardofTrusteesonAugust8,2006;and
WHEREAS,the Second Amendment to the Real Estate Sales Contract for Lot 4amendstheFirstAmendmentbyextendingthereviewdateoftheAmendedDevelopmentProposalpursuanttotheStanleyHistoricDistrictMasterPlanReviewProcessfromNovember1,2006 until December 1,2006;and
WHEREAS,it is hereby determined by the Board of Trustees of the Town ofEstesParkthattheSecondAmendmenttotheRealEstateSalesContractshouldbeapproved.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OFTHETOWNOFESTESPARK,COLORADO AS FOLLOWS:
1.The Second Amendment to the Real Estate Sales Contract attached hereto asExhibitAandincorporatedhereinbyreferenceisherebyapproved.
2.The appropriate elected officials and administrative staff of the Town of EstesParkareherebyauthorizedtoclosethesaleofLot4accordingtothetermsandconditionsoftheRealEstateSalesContract,the First Amendment to RealEstateSalesContract,and the Second Amendment to the Real Estate ContractwithoutfurtheractionandapprovaloftheTownBoard.
3.This Ordinance shall take effect and be enforced thirty (30)days after itsadoptionandpublication.
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Passed and adopted by the Board of Trustees of the Town of Estes Park,Colorado
this pgtv..day of ,2006.
TOWN OF ESTES PARK.‘Jr
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I hereby certify that the above ordinance was introduced and read at a meeting oftheBoardofTrusteesonthe4”day of OatEQ..,2006 and published in anewspaperofgenera!publication in the Town of Estes Park,Colorado,on the J3’dayof ocrxeeea ,2006.
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SECOND AMENDMENT TO
REAL ESTATE SALES CONTRACT
This SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT (hereinafterreferredtoasthe“Second Amendment”)is entered into the qdav of October,2006 by theTownofEstesPark,a municipal corporation (hereinafter referred to as “Seller”),and LOT4ED,LLC (hereinafter referred to as “Purchaser”).
PR £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 “First Amendment”);and
WHEREAS,Paragraph 11.11(a)of the First Amendment provides that the Purchaser shallobtainapprovalofitsAmendedDevelopmentProposalpursuanttotheStanleyHistoricDistrictMasterPlanReviewProcessonorbeforeNovember1,2006;and
WHEREAS,the Parties mutually agree that said date for approval shall be changed to onorbeforeDecember1,2006;and
WHEREAS,the Parties desire to amend the First Amendment to address as statedabove.
AGREEMENT:
NOW,THEREFORE,for and in consideration of the Premises,the payment of the sumsdescribedherein,the respective covenants,agreements and obligations hereinafter set forth,andothergoodandvaluableconsideration,the receipt and sufficiency of which are herebyacknowledged,Seller and Purchaser do hereby agree as follows:
1.The Paragraph 11.11 (a)of the First Amendment shall be amended by deletion of the date“November 1,2006”and insertion of the date “December 1,2006”.
2.All of the other terms and conditions of the Real Estate Sales Contract and the First Amendmentshallremaininfillforceandeffect.
tN WITNESS WHEREOF,the parties hereby execute this Second Amendmenteffectiveasstatedherein.
SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT
SUBSCRIBED AND SWORN%I)ç
SELLER
TOWN OF ESTES PARKa
Mayor
2006 by
Witness my hand and official seal
Ndiary Publi6
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CLERK
STATE OF COLORADO
COUNTY OF LARIMER
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to before me this S day of
Mayor of the Town of Estes Park.
My Commission Expires:
SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT
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PURCHASER
LOT4ED,LLC
By:
STATE OF COLORADO
)ss
COUNTY OF LARIMER
SUBSCRIBED AND SWORN to before me this -day of c ,2006 by EdGrueff’,..-77aer of LOT4ED,LLC.
Witness my hand and official seal.
My Commission Expires:—-
Noty4ub1ic
SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT