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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. 1 0 q 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 BA pact _; ‘ ror 44,o “—1-_-rrp :o •F p p O a.anas,. 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. Da ...N Toen Clerk 2 0 0 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 0 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 — a.-Q.e’.,- ‘‘3AflESt (Ijj I cJ3LZo Qn-.nIor. CLERK STATE OF COLORADO ) )ss 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 0 Witness my hand and official seal. 0 My Commission Expires:uD3f2Ca7 PURCHASER LOT4ED,LLC By:7, STATE OF COLORADO COUNTY OF LARRER ) )ss ) 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