HomeMy WebLinkAboutbocc.ord.018.2015 RECEPTION#: 623903, 10/06/2015 at
09:05:32 AM,
CONTRACT
OF 50, R $0.00 Doc Code ORDINANCE
#5 ��
Janice K.Vos Caudill, Pitkin County, CO
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO AUTHORIZING ACQUISITION OF THE CARRICARTE
PROPERTY.
ORDINANCE NO.04 2015
RECITALS
1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources, and established an Open Space and Trails Board of Trustees to guide the
expenditure of those funds.
2. The Open Space and Trails Program is charged with providing access to and from
recreational destinations, while protecting agriculture, open space, habitat, scenic view
planes,water rights and river access.
3. The Carricarte property(the"Property")possesses the appropriate location for a parking lot
to access the Glassier Open Space property which has scenic, natural, wildlife, recreation,
and agricultural resources.
4. On May 7, 2015, the Pitkin County Open Space and Trails Board recommended that the
BOCC approve the proposed Contract and Ordinance.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Pitkin County, Colorado,that:
1. The Board approves an expenditure of$75,000 for the Carricarte property of
approximately 1 acre and transaction costs up to $15,000.
2. Upon approval of the form by the Open Space Director and County Attorney,the
Chair is authorized to execute the contract.
3. Upon approval of the form by the Open Space Director and County Attorney,
the Chair is authorized to execute other documents needed to consummate this
transaction.
4. That adjustments be made to the year 2015 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous Revised
Budget This ChangeProject Budget
Carricarte Property Acquisition
Acquisition Cost $0 $75,000 $75,000
Estimated Transaction Costs $0 $15,000 $15,000
Total Expenditure $0 $90,000 $90,000_
INTRODUCED, FIRST READ,AND SET FOR PUBLIC HEARING ON THE 27th
DAY OF MAY 2015.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE
9-55"-vki DAY OF , 2015.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE
OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
DAY OF il4 u _ 2015.
ADAPTED AFTER INAL READING AND PUBLIC HEARING ON THE
j DAY OF l K ,A-' 2015.
•
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE /c DAY OF dog 2015.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE,{
OFFICIAL PITKIMN COUNTY WEBSITE(www.pitkincounty.com) ON THE //
DAY OF_ U h2015.
THIS ORDINANCE IS EFFECTIVE ON JUNE 10, 2015
ATT .T: BOARD OF COUNTY COMMISSIONERS
BY 'I / i #7 by: tk/rP-en
Jear •tte Jones Steven F. Child, Chair
Dgsuty County Clerk
Date: G[(o /9_0
APPROVED AS TO FORM: MANAGER APPROVAL
John ou ► • orney Jon Peacock, County i anager
Dale Will, Director
Open Space and Trails Program
Ordinance -2(115
1 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 (CBS4-8-13)(Mandatory 1-14)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
7 CONTRACT TO BUY AND SELL REAL ESTATE
8 (LAND)
9 (® Property with No Residences)
10 (❑ Property with Residences-Residential Addendum Attached)
11
12 Date:April 24,2015
13 AGREEMENT
14 1. AGREEMENT. Buyer, identified in § 2.1, agrees to buy, and Seller, identified in § 2.3, agrees to sell, the Property
15 described below on the terms and conditions set forth in this contract(Contract).
16 2. PARTIES AND PROPERTY.
17 2.1. Buyer. Buyer,Board of County Commissioners of Pitkin County, Colorado, will take title to the Property described
18 below as ❑Joint Tenants ❑ Tenants In Common ❑ Other
19 2.2. Assignability and Inurement. This Contract ❑ Is /1 Is Not assignable by Buyer without Seller's prior written
20 consent. Except as so restricted, this Contract inures to the benefit of and is binding upon the heirs, personal representatives,
21 successors and assigns of the parties.
22 2.3. Seller. Seller,Michael Carricarte and Natalie Carricarte,is the current owner of the Property described below.
23 2.4. Property. The Property is the following legally described real estate in the County of Eagle,Colorado:
24
25 Property generally depicted on Exhibit A attached hereto and more particularly described on Addendum 1, attached hereto.
26
27 known as No.
28 Street Address City State Zip
29 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of
30 Seller in vacated streets and alleys adjacent thereto,except as herein excluded(Property).
31 2.5. Inclusions. The Purchase Price includes the following items(Inclusions):
32 2.5.1. Fixtures. All fixtures attached to the Property on the date of this Contract.
33 Other Fixtures:N/A
34
35 If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are also included in the Purchase
36 Price.
37 2.5.2. Personal Property. If on the Property, whether attached or not, on the date of this Contract, the following
38 items are included:N/A
39
40 Other Personal Property:
41
42 The Personal Property to be conveyed at Closing must be conveyed by Seller free and clear of all taxes (except
43 personal property taxes for the year of Closing), liens and encumbrances, except N/A. Conveyance will be by bill of sale or other
44 applicable legal instrument.
45 2.5.3. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows:N/A
46
47 The Trade Fixtures to be conveyed at Closing will be conveyed by Seller free and clear of all taxes (except personal
48 property taxes for the year of Closing),liens and encumbrances,except N/A. Conveyance will be by bill of sale or other applicable
49 legal instrument.
50 2.6. Exclusions. The following items are excluded(Exclusions):N/A
51
52 2.7. Water Rights,Well Rights,Water and Sewer Taps.
53 {] 2.7.1. Deeded Water Rights. The following legally described water rights:
54
No.CBS4-8-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page 1 of 15
55
56 Any deeded water rights will be conveyed by a good and sufficient deed at Closing.
57 ❑ 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1, 2.7.3,
58 2.7.1 and 2.7.5,will be transferred to Buyer at Closing:
59
60
61 b . . ...
62 •- .. . . -- . ". ... - ' . . "D.. - • - - . • . - • - ' . . . . .. •.. - . . .. ..
63 Buyer must,prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not-been-registered
65 registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in
66 .••- . • • -. , _ - .•- ' - • '• • - '• • •-• within days after Closing. The Well Permit it is
67
68 _ • _ . . . . .
69
70
71 -. . . • . • . . . . . : . • ' . . . . . . . • , • •• . • ••. .
73 2.7.6. Conveyance. If Buyer is to receive any rights to water pursuant to§ 2.7.2(Other Rights Relating to Water),
74 . . . . , •. , . . . • . • _ _ a b• : . ,
75 applicable legal instrument at Closing.
76 2.8. Crowing Crops. With respect to growing crops, Seller and Buyer agree as follows:
77
78 3. DATES AND DEADLINES.
Item No. Reference Event Date or Deadline
1 §4.3 Alternative Earnest Money Deadline May 8,2015
Title
2 § 8.1 Record Title Deadline May 6,2015
3 § 8.2 Record Title Objection Deadline May 27,2015
4 § 8.3 Off-Record Title Deadline May 6,2015
5 § 8.3 Off-Record Title Objection Deadline May 27,2015
6 § 8.4 Title Resolution Deadline June 3,2015
7 § 8.6 Right of First Refusal Deadline N/A
Owners'Association
8 §7.3 Association Documents Deadline N/A
9 §7.4 Association Documents Objection Deadline N/A
Seller's Property Disclosure
10 § 10.1 Seller's Property Disclosure Deadline May 6,2015
Loan and Credit
11 § 5.1 Loan Application Deadline N/A
12 § 5.2 Loan Objection Deadline N/A
13 § 5.3 Buyer's Credit Information Deadline N/A
14 § 5.3 Disapproval of Buyer's Credit Information Deadline N/A
15 § 5.4 Existing Loan Documents Deadline N/A
16 § 5.4 Existing Loan Documents Objection Deadline_ N/A
17 § 5.4 Loan Transfer Approval Deadline N/A
18 §4.7 Seller or Private Financing Deadline N/A
Appraisal
19 § 6.2 Appraisal Deadline N/A
20 § 6.2 Appraisal Objection Deadline N/A
Survey
21 § 9.1 Current Survey Deadline May 13,2015
22 § 9.2 Current Survey Objection Deadline June 3,2015
23 § 9.3 Current Survey Resolution Deadline June 10,2015
No.CBS4-8-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page 2 of 15
Item No. Reference "Event Date or Deadline
Inspection and Due Diligence
24 § 10.2 Inspection Objection Deadline May 27,2015
25 § 10.3 Inspection Resolution Deadline June 3,2015
26 § 10.5 Property Insurance Objection Deadline N/A
27 § 10.6 Due Diligence Documents Delivery Deadline May 6,2015
28 § 10.6 Due Diligence Documents Objection Deadline May 13,2015
29 § 10.6 Due Diligence Documents Resolution Deadline May 20,2015
30 § 10.6 Environmental Inspection Objection Deadline June 10,2015
31 § 10.6 ADA Evaluation Objection Deadline N/A
32 § 10.7 Conditional Sale Deadline N/A
33 § 11.1 Tenant Estoppel Statements Deadline N/A
34 § 11.2 Tenant Estoppel Statements Objection Deadline N/A
Closing and Possession
35 § 12.3 Closing Date October 1,2015
36 § 17 Possession Date October 1,2015
37 § 17 Possession Time 10 a.m.
38 §28 Acceptance Deadline Date April 24,2015
39 § 28 Acceptance Deadline Time 5:00 pm MT
79 3.1. Applicability of Terms. Any box checked in this Contract means the corresponding provision applies. Any box,
80 blank or line in this Contract left blank or completed with the abbreviation "N/A", or the word "Deleted" means such provision,
81 including any deadline,is not applicable and the corresponding provision of this Contract to which reference is made is deleted.
82 The abbreviation"MEC" (mutual execution of this Contract)means the date upon which both parties have signed this Contract.
83 4. PURCHASE PRICE AND TERMS.
84 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S.Dollars by Buyer as follows:
Item No. Reference Item Amount Amount
1 §4.1 Purchase Price $ 75,000.00
2 § 4.3 Earnest Money $ 5,000.00
3 §4.5 New Loan $ N/A
4 §4.6 Assumption Balance $ N/A
5 §4.7 Private Financing $ N/A
6 §4.7 Seller Financing $ N/A
7
8
9 §4.4 Cash at Closing $ 70,000.00
10 TOTAL $ 75,000.00 $ 75,000.00
85 4.2. Seller Concession. Seller, at Closing, will credit, as directed by Buyer, an amount of$N/A to assist with any and all
86 of the following: Buyer's closing costs (Seller Concession). Seller Concession is in addition to any sum Seller has agreed to pay or
87 credit Buyer elsewhere in this Contract. Seller Concession will be reduced to the extent it exceeds the aggregate of what is allowed
88 by Buyer's lender as set forth in the Closing Statement,Closing Disclosure or HUD-1,at Closing.
89 4.3. Earnest Money. The Earnest Money set forth in this section, in the form of wire or check, will be payable to and
90 held by Land Title Guarantee Company (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The
91 Earnest Money deposit must be tendered,by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest
92 Money Deadline(§ 3)for its payment.The parties authorize delivery of the Earnest Money deposit to the company conducting the
93 Closing(Closing Company),if any,at or before Closing.In the event Earnest Money Holder has agreed to have interest on Earnest
94 Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and
95 Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this
96 transaction will be transferred to such fund.
No.CBS4-8-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page 3 of 15
97 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the
98 time of tender of this Contract,is as set forth as the Alternative Earnest Money Deadline(§ 3).
99 4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to
100 the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, except as provided
101 in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute
102 and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three
103 days of Seller's receipt of such form.
104 4.4. Form of Funds; Time of Payment;Available Funds.
105 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing
106 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified
107 check,savings and loan teller's check and cashier's check(Good Funds).
108 4.4.2. Time of Payment; Available Funds. All funds, including the Purchase Price to be paid by Buyer, must be
109 paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at
110 Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this
111 Contract, ® Does ❑ Does Not have funds that are immediately verifiable and available in an amount not less than the amount
112 stated as Cash at Closing in§4.1.
113 4.5. New Loan.
114 4.5.1. Buyer to Pay Loan Costs. Buyer, except as provided in § '1.2, if applicable, must timely pay Buyer's loan
115 .. .. .. . .. . .
116 4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to
117 Buyer,including a different loan than initially sought,except as restricted in§ 1.5.3 or§ 30(Additional Provisions).
118 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans:
119 ,.. . .
120
121 Balance set forth in§ 1.1,presently payable at$ per including principal and interest
122 presently at the rate of % per annum, and also including escrow for the following as indicated: ❑ Real Estate
123 Taxes ❑Property Insurance Premium and❑ -
124 Buyer agrees to pay a loan transfer fee not to exceed$ . At the time of assumption, the new interest rate will
125 not exceed %per annum and the new payment will not exceed$ per principal and
126 interest, plus escrow, if any. If the actual principal balance of the existing loan at Closing is less than the Assumption Balance,
127 which causes the amount of cash required from Buyer at Closing to be increased by more than$ , then Buyer has.
128 the Right to Terminate under§ 25.1,on or before Closing Date(§ 3),based on the reduced amount of the actual principal balance.
129 Seller ❑ Will ❑ Will Not be released from liability on said loan. If applicable, compliance with the requirements for
130 - . - . ..• ' ..• . . • . . . - _.. . . . ! •. . . . E . ,
131 an appropriate letter of commitment from lender.Any cost payable for rel use of liability will be paid by
132 in an amount not to exceed$
133 4.7. Seller or Private Financing.
134 _ . . . - - , . . . • . - .. • . - -a, . . - -
136 . . ... . - . . b.,. .. . b . . . : .. . .. . .. - •- ...
137 •b, '• .. _ .. . .. . . ... - - .
138 4.7.1. Seller Financing. If Buyer is to pay all or any portion of the Purchase Price with Seller financing (§ 1.1),
139 {]Buyer ❑Seller will deliver the proposed Seller financing documents to the other party on or before days before
140 _• • . ' . • - . .,
141 4.7.1.1. Seller May Terminate. If Seller is to provide Seller financing(§ 1.1), this Contract is conditional
142 upon Seller determining whether such financing is satisfactory to the Seller,including its payments,interest rate,terms,conditions,
143 cost and compliance with the law. Seller has the Right to Terminate under § 25.1, on or before Seller or Private Financing
144 Deadline(§ 3),if such Seller financing is not satisfactory to the Seller, in Seller's sole subjective discretion.
145 4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the Purchase Price with Seller or private
146 • • b ... . . b .. b . . ,
147 including its availability,payments, interest rate, terms, conditions and cost. Buyer has the Right to Terminate under §25.1, on or
148 before Seller or Private Financing Deadline(§ 3), if such Seller or private financing is not satisfactory to Buyer,in Buyer's sole
149 ..
No.CBS4-8-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page 4 of 15
150 TRANSACTION PROVISIONS
151 5. FINANCING CONDITIONS AND OBLIGATIONS.
152 _.. :. .. b ..
153
154 . • : - _. . • . . ' ! •. . •• • . . - - • - .. - - - - .. . ... . . .
155 5.2. Loan Objection. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional
156 .. . . - b : . . " .. _ .•, .. . .. .. .. .. : . , .. ,
•
•
157 . .- ..• • . .-- , •. - - . ., - , -•: : : - . - . :. . - •- - - : . .
158 t . • . •- ►• . . . - . . - _. . • ! . ! •: : •, . . • .
159 Buyer, in Buyer's sole subjective discretion. IF SELLER IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE
160 _► _I _ 1 _ . ! _ !. 6' ,, 6. ► _"_ 6 ': __ ,, l . _ • _ _ _ ! • ' - _ \ _ 6,
161 as otherwise provided in this Contract(e.g.,Appraisal,Title, Survey).
162 . . • . •
163 benefit of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval will be at Seller's sole
164 .. • - • • - - b • : . .:: - -• • `• . • ' . •• . ! •. . • • _ , .
165 expense, information and documents (including a current credit report) concerning Buyer's financial, employment and credit
166
167 •. •-• - _ - •- - - - ' - . - . . . _ " ' • • .
168 this transaction.If the Cash at Closing is less than as set forth in§4.1 of this Contract,Seller has the Right to Terminate under§25.1,
169 on or before Closing. If Seller disapproves of Buyer's financial ability or creditworthiness, in Seller's sole subjective discretion,
170 . • .'b . - . . - .•: . , - !' . . . . . : . • ' •.. • . ! •. . •- • = .
171 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan
172 .. • - •- - - - •• .- • - : . - - • •_ ! . . • , •. . - . -. --
173 sole benefit of Buyer, this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents.
174 ! . . -- on• t_ - . - . . . , . . - _ . _.. • ! . ! ! •. . •- • _ , .... . .
•
175 unsatisfactory provision of such loan documents, in Buyer's sole subjective discretion. If the lender's approval of a transfer of the
176 Property is required, this Contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan,
177 except as set forth in § 1.6. If lender's approval is not obtained by Loan Transfer Approval Deadline (§ 3), this Contract will
179 discretion,if Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth
180 in§4.6.
181 6. APPRAISAL PROVISIONS.
182 6.1. Lender Property Requirements. If the lender imposes any requirements or repairs (Requirements) to be made to
183 the Property(e.g.,roof repair,repainting), beyond those matters already agreed to by Seller in this Contract, Seller has the Right to
184 - •. - .•: . , .•:•'b - e . - - . - " .. -g _ - ' - -
185 Requirements, based on any unsatisfactory Requirements, in Seller's sole subjective discretion. Seller's Right to Terminate in this
186 § 6.1 does not apply if, on or before any termination by Seller pursuant to this § 6.1: (1) the parties enter into a written agreement
187 regarding the Requirements;or(2)the Requirements have been completed; or(3)the satisfaction of the Requirements is waived in
188 it g
189 6.2. Appraisal Condition. The applicable Appraisal provision set forth below applies to the respective loan type set
190 forth in§ 1.5.3,or if a cash transaction(i.e. no financing), § 6.2.1 applies.
191
192 valuation,determined by an appraiser engaged on behalf of is less than the Purchase
193 Price. The appraisal must be received by Buyer or Buyer's lender on or before Appraisal Deadline(§ 3). Buyer has the Right to
194 Terminate under §25.1, on or before Appraisal Objection Deadline (§ 3), if the Property's valuation is less than the Purchase
195 Price and Seller's receipt of either a copy of such appraisal or written notice from lender that confirms the Property's valuation is
196 less than the Purchase Price.This§ 6.2.1 is for the sole benefit of Buyer.
197 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract must be timely paid by
19 8 - • . - _ - . . • ... . . • .. . . . . . .. - - •-- .. .' . .b . ..
199 lender's agent or all three.
200 e •A' _'_' __ . ! • . • _ . . . . . . • ' . .• - • •• . . . . . . . .
201 .
202 . . ! • • ' ! . . ... ! •- ' .• !: . - • . . •:• !. . -• . •• - - ••203 7.1.1. All Owners' Association declarations, articles of incorporation, bylaws, articles of organization, operating
204 agreements,rules and regulations,party wall agreements;
•
No.CBS4-8-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page 5 of 15
205 7.1.2. Minutes of most rcccnt annual owncrs' meeting;
206 7.1.3. Minutes of any directors' or managers' meetings during the six month period immediately preceding,the
207 date of this Contract. If none of the preceding minutes exist, then the most recent minutes, if any (§§7.1.1, 7.1.2 and 7.1.3,
208 collectively,Governing Documents);and
209 7.1.4. The most recent financial documents which consist of: (1) annual and most recent balance sheet, (2) annual
210 and most recent income and expenditures statement, (3)annual budget, (1)reserve study, and(5) notice of unpaid assessments, if
211 any(collectively,Financial Documents).
212 .-. . . . . !' . ' ! . ' - _. . .' . - !. . . ,,
213 -- .•i ,, - . .II - - - ! - • _ _ • _ -• !- • , - • ' - - - . " _i.1Y _ ! . . _!
214 ! ' : ! • -- ! - ' -e _ ! _! ! t _" ! _! c - . ... _ ' _' __ c - ! . . ! - :
215 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE
216 • __ e • . . . _ _ ! . _ '-. ! . _ . . ! ' - - -- . . ! !-=- _ _• . , - . _ • .- _ . !. . -•
217 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY
218 ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE
219 • __ ! _• ! . . - -! ' -• - - - ! . - _ ' ' ! ' ! ' 9-- = - - - - - ! ' ' - ! :: . -
220 ! - - . . ! _• . . . ' - - -- . ' -- - - . . _ - - _ _ - „ „ _.1 „ . ! e - !;
221 . . _ ' - ' . ,, ,, . �. _ - -- ! - _ ' ! . ' ' '--
222 • __ e • ! . . ' . . ,, ” _ _ ! - __ e .• ! . . . ! _ _ • ' ' r ! . _ e - -- e .
223 ' _ ' - • _ _ ! _ e - ' ! ! • - ! • _ 1. ! l/ ,• ! . 1. _ '.�_ ! 111/ I. - ! _ _! 1.\ .••
224 !. • •• - ! : _ . . _ ! - _„ - ' - ! __ e .• ! . . ' - ' - - - ' - - - - - D ' ' - - -
225 ' _• . _ _ . : _ . . . . ' _ _ . ,, ;, _ . - - t _• . - . • •it ' - - -• ' ' _ ! -
226
227 . . ! : . : . • .
228 MI
229 : . _• - ' - - • ! . . . . . .. . - •
230 ❑ 7.3.2. Seller Authorizes Association. Seller authorizes the Association to provide the Association Documents to
231 Buyer,at Seller's expense.
232 7.3.3. Seller's Obligation. Seller's obligation to provide the Association Documents is fulfilled upon Buyer's.
233 • - . - • •. `: . -- , _ . - . . . .. . .
234 Note: If neither box in this §7.3 is checked,the provisions of§7.3.1 apply.
235 . .
236 _ : - • : • ! . _ • : ! : : • • . . .
237 any of the Association Documents, in Buyer's sole subjective discretion. Should Buyer receive the Association Documents after
238 . •. ! : •. ! • - : . . : . ' .. . •- • . -- . . • . : . ' _ • -
239 Terminate received by Seller on or before ten days after Buyer's receipt of the Association Documents. If Buyer does not receive
240 the Association Documents, or if Buyer's Notice to Terminate would otherwise be required to be received by Seller after Closing
241 ! • • , = ' • - - . .• - - . - - •-o• - - -- • - - : . ' • -
242 to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory, and Buyer waives any
243 • . • ._ .• . : : .,• . . : •- . . ' •.• . - ... ' -. . . . . • .. .
244 8. TITLE INSURANCE,RECORD TITLE AND OFF-RECORD TITLE.
245 8.1. Evidence of Record Title.
246 ❑ 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance
247 company to furnish the owner's title insurance policy at Seller's expense. On or before Record Title Deadline(§ 3), Seller must
248 furnish to Buyer,a current commitment for owner's title insurance policy(Title Commitment),in an amount equal to the Purchase
249 Price,or if this box is checked, ❑ an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be
250 issued and delivered to Buyer as soon as practicable at or after Closing.
251 ® 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance
252 company to furnish the owner's title insurance policy at Buyer's expense. On or before Record Title Deadline(§ 3),Buyer must
253 furnish to Seller, a current commitment for owner's title insurance policy(Title Commitment), in an amount equal to the Purchase
254 Price.
255 If neither box in§ 8.1.1 or§ 8.1.2 is checked, § 8.1.1 applies.
256 8.1.3. Owner's Extended Coverage (OEC). The Title Commitment ® Will ❑ Will Not commit to delete or
257 insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4)
258 unrecorded mechanics' liens, (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes,
259 assessments and unredeemed tax sales prior to the year of Closing (OEC). If the title insurance company agrees to provide an
260 endorsement for OEC, any additional premium expense to obtain an endorsement for OEC will be paid by ® Buyer ❑ Seller
261 ❑ One-Half by Buyer and One-Half by Seller ❑ Other
262 Note:The title insurance company may not agree to delete or insure over any or all of the standard exceptions.
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263 8.1.4. Title Documents.Title Documents consist of the following: (1)copies of any plats, declarations,covenants,
264 conditions and restrictions burdening the Property, and (2) copies of any other documents (or, if illegible, summaries of such
265 documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer. The documents or
266 summaries of such documents described in this Section constitute the title documents(collectively,Title Documents).
267 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline (§ 3), copies of all
268 Title Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the
269 county where the Property is located.The cost of furnishing copies of the documents required in this Section will be at the expense
270 of the party or parties obligated to pay for the owner's title insurance policy.
271 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any
272 portion of the Property(Abstract of Title)in Seller's possession on or before Record Title Deadline(§ 3).
273 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the
274 Title Documents as set forth in § 8.4 (Right to Object to Title, Resolution) on or before Record Title Objection Deadline (§ 3).
275 Buyer's objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding
276 § 13,or any other unsatisfactory title condition,in Buyer's sole subjective discretion.If the Abstract of Title,Title Commitment or
277 Title Documents are not received by Buyer,on or before the Record Title Deadline(§ 3),or if there is an endorsement to the Title
278 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be
279 delivered to Buyer.Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object
280 to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or
281 Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer's Notice to Terminate or Notice of
282 Title Objection,pursuant to this § 8.2 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.4
283 (Right to Object to Title, Resolution). If Seller has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents
284 required by§ 8.1 (Evidence of Record Title) and Seller does not receive Buyer's Notice to Terminate or Notice of Title Objection
285 by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title
286 Commitment and Title Documents as satisfactory.
287 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline (§ 3), true copies of all
288 existing surveys in Seller's possession pertaining to the Property and must disclose to Buyer all easements, liens (including,
289 without limitation, governmental improvements approved, but not yet installed) or other title matters (including, without
290 limitation, rights of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record
291 Matters). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by
292 public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer's Notice to Terminate or Notice of
293 Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2
294 and§ 13),in Buyer's sole subjective discretion,must be received by Seller on or before Off-Record Title Objection Deadline(§ 3).
295 If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline (§ 3),Buyer has until the earlier of Closing or
296 ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer's Notice to Terminate or
297 Notice of Title Objection pursuant to this § 8.3 (Off-Record Title), any title objection by Buyer and this Contract are governed by
298 the provisions set forth in § 8.4 (Right to Object to Title, Resolution). If Seller does not receive Buyer's Notice to Terminate or
299 Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such rights, if any, of third
300 parties of which Buyer has actual knowledge.
301 8.4. Right to Object to Title,Resolution. Buyer's right to object to any title matters includes, but is not limited to those
302 matters set forth in§§ 8.2(Record Title), 8.3 (Off-Record Title)and 13 (Transfer of Title),in Buyer's sole subjective discretion.If
303 Buyer objects to any title matter, on or before the applicable deadline,Buyer has the following options:
304 8.4.1. Title Objection, Resolution. If Seller receives Buyer's written notice objecting to any title matter (Notice
305 of Title Objection) on or before the applicable deadline, and if Buyer and Seller have not agreed to a written settlement thereof on
306 or before Title Resolution Deadline (§ 3), this Contract will terminate on the expiration of Title Resolution Deadline (§ 3),
307 unless Seller receives Buyer's written withdrawal of Buyer's Notice of Title Objection (i.e., Buyer's written notice to waive
308 objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline
309 (§ 3). If either the Record Title Deadline or the Off-Record Title Deadline, or both, are extended to the earlier of Closing or ten
310 days after receipt of the applicable documents by Buyer, pursuant_to § 8.2 (Record Title) or § 8.3 (Off-Record Title), the Title
311 Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer's receipt of the
312 applicable documents;or
313 8.4.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under §25.1, on or
314 before.the applicable deadline,based on any unsatisfactory title matter,in Buyer's sole subjective discretion.
315 8.5. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
316 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
317 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK
318 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
319 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
320 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE
321 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY
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322 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY,AND BY OBTAINING
323 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
324 RECORDER,OR THE COUNTY ASSESSOR.
325 Buyer has the Right to Terminate under § 25.1, on or before Off-Record Title Objection Deadline (§ 3), based on any
326 unsatisfactory effect of the Property being located within a special taxing district,in Buyer's sole subjective discretion.
327 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property or a right to approve
328 this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the holder of the
329 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract will terminate.
330 If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and
331 effect. Seller must promptly notify Buyer in writing of the foregoing.If expiration or waiver of the right of first refusal or approval
332 of this Contract has not occurred on or before Right of First Refusal Deadline(§ 3),this Contract will then terminate.
333 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed
334 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property,
335 including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations,
336 unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property, and
337 various laws and governmental regulations concerning land use,development and environmental matters. The surface estate may
338 be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include
339 transfer of the mineral rights or water rights. Third parties may hold interests in oil, gas, other minerals, geothermal
340 energy or water on or under the Property,which interests may give them rights to enter and use the Property.Such matters,
341 and others, may be excluded from or not covered by the owner's title insurance policy. Buyer is advised to timely consult legal
342 counsel with respect to all such matters as there are strict time limits provided in this Contract [e.g., Record Title Objection
343 Deadline(§ 3)and Off-Record Title Objection Deadline(§ 3)].
344 9. CURRENT SURVEY REVIEW.
345 9.1. Current Survey Conditions. If the box in § 9.1.1 or § 9.1.2 is checked, Buyer, the issuer of the Title Commitment
346 or the provider of the opinion of title if an Abstract of Title,and will receive an Improvement
347 Location Certificate, Improvement Survey Plat or other form of survey set forth in § 9.1.2 (collectively, Current Survey), on or
348 before Current Survey Deadline (§ 3). The Current Survey will be certified by the surveyor to all those who are to receive the
349 Current Survey.
350 ❑ 9.1.1. Improvement Location Certificate. If the box in this § 9.1.1 is checked, ❑ Seller ❑ Buyer will order
351 or provide, and pay, on or before Closing,the cost of an Improvement Location Certificate.
352 ® 9.1.2. Other Survey. If the box in this § 9.1.2 is checked, a Current Survey, other than an Improvement Location
353 Certificate, will be an ❑ Improvement Survey Plat or ® See Addendum 1. The parties agree that payment of the cost of the
354 Current Survey and obligation to order or provide the Current Survey are as follows:See Addendum 1.
355
356 9.2. Current Survey Objection. Buyer has the right to review and object to the Current Survey.If the Current Survey is
357 not timely received by Buyer or is unsatisfactory to Buyer,in Buyer's sole subjective discretion,Buyer may, on or before Current
358 Survey Objection Deadline(§ 3),notwithstanding§ 8.3 or§ 13:
359 9.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or
360 9.2.2. Current Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is
361 shown in the Current Survey that is unsatisfactory and that Buyer requires Seller to correct.
362 9.3.. Current Survey Resolution. If a Current Survey Objection is received by Seller, on or before Current Survey
363 Objection Deadline(§ 3), and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Current Survey
364 Resolution Deadline (§ 3), this Contract will terminate on the Current Survey Resolution Deadline (§ 3), unless Seller receives
365 Buyer's written withdrawal of the Current Survey Objection before such termination, i.e., on or before expiration of Current
366 Survey Resolution Deadline(§ 3).
367 DISCLOSURE,INSPECTION AND DUE DILIGENCE
368 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE
369 OF WATER.
370 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline(§ 3), Seller agrees to deliver to
371 Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form completed
372 by Seller to Seller's actual knowledge,current as of the date of this Contract.
373 10.2. Inspection Objection. Unless otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the
374 Property to Buyer in an "as is"condition, "where is" and "with all faults."Colorado law requires that Seller disclose to Buyer any
375 latent defects actually known by Seller.Disclosure of latent defects must be in writing. Buyer, acting in good faith,has the right to
376 have inspections (by one or more third parties,personally or both) of the Property and Inclusions(Inspection), at Buyer's expense.
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377 If(1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the
378 electrical,plumbing,HVAC and other mechanical systems of the Property, (2)the physical condition of the Inclusions, (3) service
379 to the Property (including utilities and communication services), systems and components of the Property (e.g. heating and
380 plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise
381 (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole
382 subjective discretion,Buyer may,on or before Inspection Objection Deadline(§ 3):
383 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or
384 10.2.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that
385 Buyer requires Seller to correct.
386 10.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection
387 Deadline (§ 3), and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution
388 Deadline (§ 3), this Contract will terminate on Inspection Resolution Deadline (§ 3) unless Seller receives Buyer's written
389 withdrawal of the Inspection Objection before such termination,i.e.,on or before expiration of Inspection Resolution Deadline(§3).
390 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement
391 between the parties,is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at
392 Buyer's request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer
393 must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify,
394 protect and hold Seller harmless from and against any liability,damage,cost or expense incurred by Seller and caused by any such
395 Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against
396 any such liability, damage, cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legal fees and
397 expenses. The provisions of this section survive the termination of this Contract. This § 10.4 does not apply to items performed
398 pursuant to an Inspection Resolution.
399 10.5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for
400 property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, on or before Property Insurance
401 Objection Deadline(§ 3),based on any unsatisfactory provision of the Property Insurance,in Buyer's sole subjective discretion.
402 10.6. Due Diligence.
403 10.6.1. Due Diligence Documents. If the respective box is checked,Seller agrees to deliver copies of the following
404 documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or before Due Diligence
405 Documents Delivery Deadline(§ 3),to the extent such documents and information is in the actual possession of Seller:
406 ❑ 10.6.1.1. All contracts relating to the operation,maintenance and management of the Property;
407 ❑ 10.6.1.2. Property tax bills for the last years;
408 ❑ 10.6.1.3. As-built construction plans to the Property and the tenant improvements, including architectural,
409 electrical, mechanical, and structural systems; engineering reports; and permanent Certificates of Occupancy, to the extent now
410 available;
411 ❑ 10.6.1.4. A list of all Inclusions to be conveyed to Buyer;
412 ❑ 10.6.1.5. Operating statements for the past years;
413 ❑ 10.6.1.6. A rent roll accurate and correct to the date of this Contract;
414 r 10.6.1.7. All current leases, including any amendments or other occupancy agreements, pertaining to the
415 Property.Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows(Leases):
416
417
418 ❑ 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet
419 completed and capital improvement work either scheduled or in process on the date of this Contract;
420 ❑ 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims which have been made
421 for the past years;
422 ❑ 10.6.1.10. Soils reports, Surveys and engineering reports or data pertaining to the Property(if not delivered
423 earlier under§ 8.3);
424 /1 10.6.1.11. Any and all existing documentation and reports regarding Phase I and II environmental reports,
425 letters,test results, advisories, and similar documents respective to the existence or nonexistence of asbestos,PCB transformers,or
426 other toxic hazardous or contaminated substances, and/or underground storage tanks and/or radon gas. If no reports are in Seller's
427 possession or known to Seller, Seller warrants that no such reports are in Seller's possession or known to Seller;
428 ❑ 10.6.1.12. Any Americans with Disabilities Act reports, studies or surveys concerning the compliance of the
429 Property with said Act;
430 // 10.6.1.13. All permits, licenses and other building or use authorizations issued by any governmental
431 authority with jurisdiction over the Property and written notice of any violation of any such permits,licenses or use authorizations,
432 if any; and
433 ❑ 10.6.1.14. Other documents and information:
434
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435 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object to Due
436 Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory in Buyer's sole subjective
437 discretion,Buyer may, on or before Due Diligence Documents Objection Deadline(§ 3):
438 10.6.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or
439 10.6.2.2. Due Diligence Document Objection. Deliver to Seller a written description of any unsatisfactory
440 Due Diligence Documents that Buyer requires Seller to correct.
441 10.6.3. Due Diligence Document Resolution. If a Due Diligence Document Objection is received by Seller, on or
442 before Due Diligence Document Objection Deadline (§ 3), and if Buyer and Seller have not agreed in writing to a settlement
443 thereof on or before Due Diligence Document Resolution Deadline (§ 3), this Contract will terminate on Due Diligence
444 Document Resolution Deadline (§ 3) unless Seller receives Buyer's written withdrawal of the Due Diligence Document
445 Objection before such termination, i.e.,on or before expiration of Due Diligence Document Resolution Deadline(§ 3).
446 10.6.4. Zoning. Buyer has the Right to Terminate under§25.1, on or before Due Diligence Documents Objection
447 Deadline(§ 3),based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisdiction
448 over the Property, in Buyer's sole subjective discretion.
449 10.6.5. Due Diligence — Environmental, ADA. Buyer has the right to obtain environmental inspections of the
450 Property including Phase I and Phase II Environmental Site Assessments, as applicable. ❑ Seller // Buyer will order or provide
451 /1 Phase I Environmental Site Assessment, ® Phase II Environmental Site Assessment (compliant with ASTM E1527-05
452 standard practices for Environmental Site Assessments) and/or ® TSP Report, at the expense of ❑ Seller ® Buyer
453 (Environmental Inspection).In addition,Buyer,at Buyer's expense,may also conduct an evaluation whether the.Property complies
454 with the Americans with Disabilities Act(ADA Evaluation).All such inspections and evaluations must be conducted at such times
455 as are mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' business uses of the Property,if any.
456 If Buyer's Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment, the
457 Environmental Inspection Objection Deadline(§ 3)will be extended by days (Extended Environmental Inspection
458 Objection Deadline) and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date (§ 3),
459 the Closing Date(§ 3)will be extended a like period of time.In such event, ❑ Seller ® Buyer must pay the cost for such Phase
460 II Environmental Site Assessment.
461 Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this § 10.6.5, Buyer has the
462 Right to Terminate under § 25.1, on or before Environmental Inspection Objection Deadline (§ 3), or if applicable, the
463 Extended Environmental Inspection Objection Deadline, based on any unsatisfactory results of Environmental Inspection, in
464 Buyer's sole subjective discretion.
465 Buyer has the Right to Terminate under § 25.1, on or before ADA Evaluation Objection Deadline (§ 3), based on any
466 unsatisfactory ADA Evaluation,in Buyer's sole subjective discretion.
467 10.7. . _ . . • _. • . . . • . . . . • :-:• . ... . - . ••• - - . ..
•
468 owned by Buyer and commonly known as .Buyer has the Right to Terminate
469 under § 25.1 effective upon Seller's receipt of Buyer's Notice to Terminate on or before Conditional Sale Deadline(§ 3)if such
470 .. •. . . - . .. P. • . . - : . - -- •- ' - : . '
471 . . - . . _. • ! . . • • - : .
472 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer ❑ Does Does Not
473 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of potable water
474 for the Property. Buyer❑Does /1 Does Not acknowledge receipt of a copy of the current well permit. ®There is No Well.
475 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND
476 WATER.YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO
477 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
478
479 to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the
480 Lease or other writing received by Buyer. Seller will not amend, alter, modify, extend or cancel any of the Leases nor will Seller
481 enter into any new leases affecting the Property without the prior written consent of Buyer,which consent will not be unreasonably
482 withheld or delayed.
483 11. TENANT ESTOPPEL STATEMENTS.
484
485 _ .. .•- . . . . : . . . P. •.. . . . .
486 substance reasonably acceptable to Buyer,from each occupant or tenant at the Property(Estoppel Statement) attached to a copy of
487 the Lease stating:
488 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease;
489 11.1.2. That said Lease is in full force and effect and that there have been no subsequent modifications or
490
491 11.1.3. The amount of any advance rentals paid,rent concessions given,and deposits paid to Seller;
492 11.1.4. The amount of monthly(or other applicable period)rental paid to Seller;
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493 11.1.5. That there is no default under the terms of said Lease by landlord or occupant;and
494 11.1.6. That the Lease to which the Estoppel is attached is a true,correct and complete copy of the Lease demising
495 the premises it describes.
496 11.2. Tenant Estoppel Statements Objection. Buyer has the Right to Terminate under § 25.1, on or before Tenant
497 _ . . • _ . • ••• • , e _ . •. . •• • - , . . . ' . - .:: _ . -••-• - : . • ' - .. -
498 •:•, : - . . . •• - .:. _ . _ . . . . . . . : .
499 also has the unilateral right to waive any unsatisfactory Estoppel Statement.
500 CLOSING PROVISIONS
501 12. CLOSING DOCUMENTS,INSTRUCTIONS AND CLOSING.
502 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to
503 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If
504 Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's lender is required to provide the Closing
505 Company, in a timely manner, all required loan documents and financial information concerning Buyer's new loan. Buyer and
506 Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this
507 transaction.Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing.
508 12.2. Closing Instructions. Colorado Real Estate Commission's Closing Instructions ❑ Are ® Are Not executed with
509 this Contract.
510 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing(Closing). Closing will be on the date specified as
511 the Closing Date (§ 3) or by mutual agreement at an earlier date. The hour and place of Closing will be as designated
512 by mutual agreement of Buyer and Seller.
513 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality, and extent of service vary
514 between different settlement service providers(e.g.,attorneys,lenders,inspectors and title companies).
515 13. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the
516 other terms and provisions hereof, Seller must execute and deliver a good and sufficient special warranty deed to Buyer, at
517 Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided
518 herein,title will be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of
519 the date of Buyer's signature hereon,whether assessed or not.Title will be conveyed subject to:
520 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents
521 accepted by Buyer in accordance with Record Title(§.8.2),
522 13.2. Distribution utility easements(including cable TV),
523 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual
524 knowledge and which were accepted by Buyer in accordance with Off-Record Title(§ 8.3)and Current Survey Review(§ 9),
525 13.4. Inclusion of the Property within any special taxing district,
526 13.5. Any special assessment if the improvements were not installed as of the date of Buyer's signature hereon, whether
527 assessed prior to or after Closing,and
528 13.6. Other
529 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid will be paid at or before Closing from the
530 proceeds of this transaction or from any other source.
531 15. CLOSING COSTS,CLOSING FEE,ASSOCIATION FEES AND TAXES.
532 15.1. Closing Costs. Buyer and Seller must pay,in Good Funds,their respective closing costs and all other items required
533 to be paid at Closing,except as otherwise provided herein.
534 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by /1 Buyer ❑ Seller
535 ❑ One-Half by Buyer and One-Half by Seller ❑ Other
536 15.3. Status Letter and Record Change Fees. Any fees incident to the issuance of Association's statement of
537 assessments (Status Letter) must be paid by ❑ Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller ® None.
538 Any record change fee assessed by the Association including,but not limited to,ownership record transfer fees regardless of name
539 or title of such fee (Association's Record Change Fee) must be paid by ❑ Buyer ❑ Seller ❑ One-Half by Buyer and One-
540 Half by Seller /1 None.
541 15.4. Local Transfer Tax. ❑ The Local Transfer Tax of N/A % of the Purchase Price must be paid at Closing by ❑
542 Buyer ❑Seller ❑ One-Half by Buyer and One-Half by Seller // None.
543 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property,payable at Closing, such
544 as community association fees, developer fees and foundation fees, must be paid at Closing by ❑ Buyer ❑ Seller ❑ One-Half
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545 by Buyer and One-Half by Seller ® None. The Private Transfer fee, whether one or more, is for the following association(s):
546 in the total amount of %of the Purchase Price or$
547 15.6. Water Transfer Fees. The Water Transfer Fees can change.The fees, as of the date of this Contract,do not exceed
548 $ for:
549 ❑Water Stock/Certificates ❑Water District
550 ❑ Augmentation Membership ❑ Small Domestic Water Company ❑
551 and must be paid at Closing by ❑Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller ®None.
552 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by
553 ❑Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller /1 None.
554 16. PROBATIONS. The following will be prorated to the Closing Date(§ 3),except as otherwise provided:
555 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the
556 year of Closing, based on ® Taxes for the Calendar Year Immediately Preceding Closing ❑ Most Recent Mill Levy and
557 Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled
558 veteran exemption or ❑ Other
559 16.2. Rents. '-• .. : - ' • • • . . • • . E • . . •
560 Buyer the security deposits for all Leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of
561 , . . ... . . b
562 assume Seller's obligations under such Leases.
563 16.3. Association Assessments. . •. •b- . • . .• • . • ••-• • : :. - •. •- • • ..-- . - •-
564 advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred
565 maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents.
566 : . . :b . . . . . .. b. : .. -- • •.-, . •• . . .. - - . . •b .:• . .
567 Any special assessment assessed prior to Closing Date (§3) by the Association •. .- - E 6 . • _• • .
568 . • ••-- •• • . ••- . . . . -• - _
569 b . . • . .•, .. - - - - •b; ..' .. _ -
570 Assessments are currently payable at$ per and that there arc no unpaid regular or special
571 assessments against the Property except the current regular assessments and .. Such
572 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the Association to
573 deliver to Buyer before Closing Date(§ 3)a current Status Letter.
574 16.4. Other Prorations. Water and sewer charges,propane,interest on continuing loan,and any other utilities.
575 16.5. Final Settlement. Unless otherwise agreed in writing,these prorations are final.
576 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date (§ 3) at Possession Time (§ 3),
577 subject to the Leases as set forth in § 10.6.1.7.
578 If Seller,after Closing,fails to deliver possession as specified,Seller will be subject to eviction and will be additionally liable
579 to Buyer for payment of$200.00 per day'(or any part of a day notwithstanding§ 18.1)from Possession Date(§ 3)and Possession
580 Time(§ 3)until possession is delivered.
581 GENERAL PROVISIONS
•
582 18. DAY; COMPUTATION OF PERIOD OF DAYS,DEADLINE.
583 18.1. Day. As used in this Contract, the term "day" means the entire day ending at 11:59 p.m., United States Mountain
584 Time(Standard or Daylight Savings as applicable).
585 18.2. Computation of Period of Days,Deadline. In computing a period of days, when the ending date is not specified,
586 the first day is excluded and the last day is included (e.g., three days after MEC). If any deadline falls on a Saturday, Sunday or
587 federal or Colorado state holiday (Holiday), such deadline ® Will ❑ Will Not be extended to the next day that is not a
588 Saturday, Sunday or Holiday.Should neither box be checked,the deadline will not be extended.
589 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND
590 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the
591 condition existing as of the date of this Contract,ordinary wear and tear excepted.
592 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of
593 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price (Property Damage), Seller is obligated
594 to repair the same before Closing Date(§ 3). Buyer has the Right to Terminate under § 25.1, on or before Closing Date (§ 3), if
595 the Property Damage is not repaired before Closing Date(§ 3)or if the damage exceeds such sum. Should Buyer elect to carry out
596 this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received
597 by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the amount of any
No.CBS4-8-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page 12 of 15
598 deductible provided for in such insurance policy. Such credit must not exceed the Purchase Price. In the event Seller has not
599 received such insurance proceeds prior to Closing, the parties may agree to extend the Closing Date (§ 3) or, at the option of
600 Buyer, Seller must assign such proceeds at Closing, plus credit Buyer the amount of any deductible provided for in such insurance
601 policy,but not to exceed the total Purchase Price.
602 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication
603 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged
604 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement
605 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the
606 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance
607 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or
608 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before
609 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such
610 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim
611 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty
612 programs that may be purchased and may cover the repair or replacement of such Inclusions.
613 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may
614 result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation
615 action. Buyer has the Right to Terminate under §25.1, on or before Closing Date (§ 3), based on such condemnation action, in
616 Buyer's sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the
617 Property and Inclusions,Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution
618 in the value of the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed the Purchase
619 Price.
620 19.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the
621 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
622 19.5. Risk of Loss—Growing Crops. The risk of loss for damage to growing crops by fire or other casualty will be borne
623 by the party entitled to the growing crops as provided in § 2.8 and such party is entitled to such insurance proceeds or benefits for
624 the growing crops. •
625 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge
626 that the respective broker has advised that this Contract has important legal consequences and has recommended the examination
627 of title and consultation with legal and tax or other counsel before signing this Contract.
628 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as
629 Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation
630 hereunder is not performed or waived as herein provided,the nondefaulting party has the following remedies:
631 21.1. If Buyer is in Default:
632 ❑ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money
633 (whether or not paid by Buyer) will be paid to Seller and retained by Seller; and Seller may recover such damages as may be
634 proper; or Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or
635 damages,or both.
636 21.1.2. Liquidated Damages, Applicable. This §21.1.2 applies unless the box in §21.1.1 is checked. All
637 Earnest Money(whether or not paid by Buyer)will be paid to Seller, and retained by Seller.Both parties will thereafter be released
638 from all obligations hereunder. It is agreed that the Earnest Money specified in §4.1 is LIQUIDATED DAMAGES, and not a
639 penalty, which amount the parties agree is fair and reasonable and(except as provided in §§ 10.4, 22, 23 and 24), said payment of.
640 Earnest Money is SELLER'S ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly
641 waives the remedies of specific performance and additional damages.
642 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received
643 hereunder will be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as
644 being in full force and effect and Buyer has the right to specific performance or damages, or both.
645 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration
646 or litigation relating to this Contract,prior to or after Closing Date(§ 3),the arbitrator or court must award to the prevailing party
647 all reasonable costs and expenses,including attorney fees,legal fees and expenses.
648 23. MEDIATION. If a dispute arises relating to this Contract,prior to or after Closing,and is not resolved,the parties must first
649 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person
650 who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the
651 dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will'
652 share equally in the cost of such mediation.The mediation,unless otherwise agreed, will terminate in the event the entire dispute is
No.CBS4-8-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page 13 of 15
653 not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's
654 last known address.This section will not alter any date in this Contract,unless otherwise agreed.
655 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest
656 Money following receipt of written mutual instructions,signed by both Buyer and Seller.In the event of any controversy regarding
657 the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole
658 subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and
659 deposit Earnest Money into a court of competent jurisdiction, (Earnest Money Holder is entitled to recover court costs and
660- reasonable attorney and legal fees incurred with such action); or(3)provide notice to Buyer and Seller that unless Earnest Money
661 Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the
662 lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder is
663 authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has
664 not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order
665 of the Court. The parties reaffirm the obligation of Mediation (§ 23). This Section will survive cancellation or termination of this
666 Contract.
667 25. TERMINATION.
668 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the
669 termination is effective upon the other party's receipt of a written notice to terminate(Notice to Terminate),provided,such written
670 notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or
671 before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as
672 satisfactory and waives the Right to Terminate under such provision.
673 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder will be
674 returned and the parties are relieved of all obligations hereunder,subject to §§ 10.4,22,23 and 24.
675 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute
676 the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or
677 written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract is
678 valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this
679 Contract that,by its terms,exists or is intended to be performed after termination or Closing survives the same.
680 27. NOTICE,DELIVERY,AND CHOICE OF LAW.
681 27.1. Physical Delivery. All notices must be in writing, except as provided in § 27.2. Any document, including a signed
682 document or notice, from or on behalf of Seller, and delivered to Buyer is effective when physically received by Buyer, any
683 signatory on behalf of Buyer, any named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working
684 with Buyer (except for delivery, after Closing, of the notice requesting mediation described in § 23 and except as provided in
685 §27.2). Any document, including a signed document or notice, from or on behalf of Buyer, and delivered to Seller is effective
686 when physically received by Seller, any signatory on behalf of Seller, any named individual of Seller, any representative of Seller,
687 or Brokerage Firm of Broker working with Seller(except for delivery, after Closing, of the notice requesting mediation described
688 in§ 23 and except as provided in§ 27.2).
689 27.2. Electronic Delivery. As an alternative to physical delivery, any document, including a signed document or written
690 notice, may be delivered in electronic form only by the following indicated methods: Facsimile / Email ❑ Internet. If no
691 box is checked, this § 27.2 is not applicable and § 27.1 governs notice and delivery. Documents with original signatures will be
692 provided upon request of any party.
693 27.3. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with
694 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property
695 located in Colorado.
696 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and
697 Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 27 on or
698 before Acceptance Deadline Date(§ 3) and Acceptance Deadline Time(§ 3). If accepted, this document will become a contract
699 between Seller and Buyer.A copy of this Contract may be executed by each party, separately, and when each party has executed a
700 copy thereof,such copies taken together are deemed to be a full and complete contract between the parties.
701 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not
702 limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§5), Title
703 Insurance, Record Title and Off-Record Title (§ 8), Current Survey Review (§ 9) and Property Disclosure, Inspection,
704 Indemnity,Insurability,Due Diligence and Source of Water(§ 10).
No.CBS4-8-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) Page 14 of 15
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Nu1/2 ClisS4t-i3.. CONTMACT TO 3111Y AND sm.DE.AL MTATE.(Li12'4D) • Page TS atIN
•
ADDENDUM 1
TO CONTRACT TO BUY AND SELL REAL ESTATE
This Addendum 1 to Contract to Buy and Sell Real Estate (this "Addendum") is made a
part of that certain Contract to Buy and Sell Real Estate dated April 24, 2015, (the
"Contract") between the Pitkin County Board of County Commissioners ("Buyer") and
Michael Carricarte and Natalie Carricarte ("Seller"). In the event of any conflict or
inconsistency between the provisions of this Addendum and the Contract, the provisions of
this Addendum shall govern and control.
1. DESCRIPTION OF PROPERTY. For purposes of the Contract, the term "Property" shall
mean an approximate 1 acre portion of the certain real property known as Eagle County
Parcel Number 246510100013 (the "Parent Lot"), which 1 acre portion is depicted by a
shaded area on the southern portion of the Parent Lot on Exhibit A attached to the Contract.
Buyer understands that the Property has not yet been subdivided from the Parent Lot and, as
of the date hereof, is not a legally conveyable parcel separate from the Parent Lot. In .
accordance with Section 8.A below, Buyer is responsible for obtaining any approvals and
satisfying any governmental requirements necessary to convey the Property as a separate
parcel, including subdivision approval from Eagle County, Colorado. Upon approval by
Eagle County and the satisfaction of any other requirements necessary for the Property to be
conveyed as a separate legal parcel, the term "Property" as used in the Contract and this
Addendum shall mean such subdivided parcel.
2. SURVEY. On or before the Current Survey Deadline, Seller shall deliver to Buyer a
current Improvement Survey Plat of the of the Property certified by a licensed Colorado
surveyor for the express benefit of Seller, Buyer and the Title Company, in form and content
sufficient to cause Land Title Guarantee Company to issue an endorsement to its title
commitment agreeing to delete from Schedule B (Section 2) of its to-be-issued title policy
standard printed exception Nos. 1, 2, and 3 at cost to Buyer (the "Survey"). In the event the
Survey discloses matters which in the Buyer's opinion constitute defects in the
merchantability of Seller's title, Buyer must give Seller written notice of such unsatisfactory
title condition(s) no later than the Title Objection Deadline. If Buyer in fact gives such
notice to Seller in a timely manner, the provisions of Paragraph 8.4 of the Contract shall
apply thereto. If no such notice is timely given, Buyer shall be deemed to have waived any
objections to matters shown on the Survey.
3. STANDARD SCHEDULE B-2 EXCEPTIONS. The Title Insurance Commitment shall
include, at Buyer's expense, an endorsement from Land Title Guarantee Company to delete
standard exceptions 1-5 on Schedule B-2 of the Title Insurance Commitment.
4. COUNTY APPROVAL. Notwithstanding the signature hereto by the Open Space
Director recommending Buyer's approval, the obligation of Buyer to perform hereunder is
expressly conditioned upon the adoption by Buyer of an ordinance authorizing the sale of the
Property to Buyer pursuant to this Contract. In the event such ordinance is not duly adopted
by Buyer on or before June 11, 2015, or any extension thereof as the Seller and/or Buyer may
agree in writing, either Seller or Buyer may, upon written notice to the other, terminate this
Contract whereupon Buyer shall be entitled to a prompt return of all Earnest Money paid. In
the event such ordinance is timely adopted, Buyer shall, at the request of Seller, re-execute
this Contract by the signature of the Chairman or Vice-Chairman of the Pitkin County Board
of County Commissioners.
5. INTEREST ON EARNEST MONEY. Subject to any requirements or limitations of the
title company, any and all monies paid by Buyer prior to closing shall be placed in an
insured, interest bearing money market-type account with a local commercial bank with all
interest thereon to accrue for the benefit of Buyer. Whether or not Buyer shall ever be in
default under this Contract resulting in a forfeiture of its earnest money, Buyer shall
nevertheless be entitled to retain, as its sole and separate property, all interest earned on said
earnest money.
6. NOTICES. Any notice, demand or document which either party is required or may desire
to give, deliver or make to the other party shall be in writing and shall.be personally
delivered or given by facsimile transmission or given by United States certified mail, return
receipt requested, addressed as follows:
To Buyer: Director, Pitkin County Open Space and Trails
Attn: Dale Will
530 East Main Street, 3rd Floor
Aspen, CO 81611
Facsimile No.: (970) 920-5198
Email: Dale.Will@pitkincounty.com
With copy to: John Ely, County Attorney
Pitkin County, Colorado
530 East Main Street
Aspen, CO 81611
Facsimile No.: (970) 920-5198
Email: John.Ely@pitkincounty.com
To Seller: Michael Carricarte and Natalie Carricarte
1093 Ala Beach Blvd#389
Saint Augustine, FL 32080-6733
Email: _[please include]_
With copy to: Genshaft Cramer LLP
Attn: Ben Genshaft, Esq.
420 E. Main Street, Suite 201
Aspen, CO 81611
Facsimile No.: (888) 266-0103
Email: bgenshaft@genshaftcramer.com
Any notice, demand or document so given, delivered or made by United States mail shall
be deemed to have been given three (3) days after the same is deposited in the United
States mail as certified matter, addressed as above provided, with postage thereon fully
prepaid. Notice by facsimile transmission shall be deemed given upon receipt of a
confirmation by sender and notice by personal delivery shall be deemed given when
received. Notice by email shall be deemed given upon a reply email from the recipient.
7. BROKER COMMISSIONS. Seller and Buyer represent to each other that no brokers are
involved in this transaction. Each party shall defend, indemnify and save the other party
harmless from and against any and all claims, suits, expenses, or attorney's fees for any said
real estate commission and brokerage charges caused by such party
8. CLOSING COSTS. Notwithstanding anything to the contrary contained herein, Buyer
shall be responsible for all closing costs, fees, title insurance premiums, recording fees and
other transaction costs related to the sale of the Property from Seller to Buyer, except that
Seller shall be responsible for the cost of the Survey as described herein. Each party shall
bear the cost for their own attorneys and consultants.
9. BUYER'S ADDITIONAL CONTINGENCIES
A. Eagle County Land Use. Approval. Seller acknowledges that in
connection with Buyer's proposed purchase of the Property as provided for herein,
Buyer shall use its best efforts to obtain any approvals and satisfy any requirements,
at Buyer's sole expense, necessary to convey the Property as a separate legal parcel
including, without limitation, Eagle County's approval of a subdivision. The Parties
acknowledge that Eagle County's review and approval or denial of this subdivision
shall be subject to the provisions of Eagle County's Land Use Regulations. In the
event that Eagle County fails to grant the subdivision approval on or before
September 18, 2015, then this Contract shall automatically terminate as of such date,
and Buyer shall receive the prompt refund of Buyer's Earnest Money hereunder.
Buyer shall pay all of the expenses for the subdivision approval process. Buyer
acknowledges that, except as otherwise provided herein, Seller shall have no
responsibility to pursue, obtain or pay for any land use ,approvals, plats, surveys,
agreements or other items, EXCEPT for the survey contemplated in Article 2 above,
required for the conveyance of the Property from Seller to Buyer. Although Eagle
County has or will fund part of the acquisition of the Property, nothing herein shall
be construed to mean that any subdivision contemplated by this Agreement has been
given approval by Eagle County in its governmental capacity. Pitkin County shall be
solely responsible for obtaining all approvals necessary for the lawful subdivision of
the Property. Any proposed subdivision, improvements and reserved rights identified
herein continue to be subject to separate review and approval under the Eagle County
Land Use Regulations and nothing herein shall be considered pre-approval by Eagle
County of the same.
B. Fundraising. Buyer shall have until June 26, 2015, to obtain a financial
commitment from Eagle County which is deemed adequate, in the Buyer's sole discretion
and in combination with its own resources, to fund the Purchase Price. If Buyer has not
furnished Seller with written notice that it has obtained this commitment on or before
June 26, 2015, and does not otherwise waive this contingency, then this Contract shall
automatically terminate as of such date, and Buyer shall receive the prompt refund of
Buyer's Earnest Money hereunder.
10. RESERVED ACCESS EASEMENT. Buyer agrees that, from and after Closing, Seller
shall have a permanent, non-exclusive easement over the existing access road situated along
the east boundary of the Property (the "Reserved Easement"). From and after Closing, Seller
shall have the right to use the Reserved Easement for ingress to and egress from the Parent
Lot, and for any other purposes that does not materially interfere with the use of the Property
by Buyer. Buyer shall be responsible for all maintenance and upkeep of the reserved
Easement, except Seller shall be responsible for any damages Seller causes on the Reserved
Easement property. Buyer agrees to cause an easement agreement memorializing the
Reserved Easement to be recorded at Closing behind the recording of the deed conveying the
Property from Seller to Buyer (the "Reserved Easement Agreement"). Buyer and Seller shall
reasonably agree on the form of the Reserved Easement Agreement prior to the Closing.
Seller may also specifically reserve the Reserved Easement in the deed conveying the
Property from Seller to Buyer. The provisions of this Section shall survive Closing.
11. USE RESTRICTIONS. Buyer agrees to cause a deed restriction or restrictive covenant
memorializing a "Use Restriction" to be recorded at Closing behind the recording of the deed
conveying the Property from Seller to Buyer (the "Restrictive Covenant"). The Restrictive
Covenant shall also prohibit on the Property (i) overnight camping; (ii) any "special events"
(as defined in the current Eagle County Land Use Code); The Restrictive Covenant shall also
prohibit lighting or lighting fixtures and any structures over 500 square feet on the Property
(including any permanent lavatory facility). Buyer and Seller shall reasonably agree on the
form of the Restrictive Covenant prior to the Closing. The provisions of this Section shall
survive Closing.
12. IRRIGATION WATER.. To the extent Seller has water available from the property
adjacent to the Property (based on reasonable water needs for Seller's adjacent property),
Seller agrees to provide, at no charge to Buyer, adequate irrigation water, which amount and
length of time shall be reasonably determined by agreement of Buyer and Seller, to establish
and maintain any and all landscaping installed by Buyer within the Property.
13. MISCELLANEOUS.
(a) Saturday, Sunday or Holiday. If any time period referred to in this Contract shall
end on a Saturday, Sunday or legal holiday, such time period shall automatically be
extended to the first regular business day thereafter.
(b) Controlling Law. This Contract shall be construed in accordance with and
governed by the laws of the State of Colorado. The parties hereto agree and intend that
the proper and exclusive forum for any litigation of any disputes or controversies
arising out of or related to this Contract shall be the District Court for Pitkin County,
Colorado. For purposes of any litigation, the parties consent to the chosen forum for
purposes of jurisdiction and venue.
- (c) Counterparts. This Contract (or any amendments, modifications or extensions
hereof) may be executed in several counterparts and, after execution and as executed,
shall constitute an agreement binding on all of the parties, notwithstanding that all of
the parties are not signatories to the original or the same counterpart.
(d) Further Assurances. Each of the parties agree to execute, acknowledge, deliver,
file and record, or cause to be executed, acknowledged, delivered, filed and recorded
such further instruments and documents and such certificates, and to do all things and
acts as the other party may reasonably require in order to carry out the intentions of this
Contract and the transaction contemplated hereby.
(e) Survival. All of the warranties and representations contained in this Contract of an
ongoing nature or intended to survive shall survive the actual closing of the transaction
contemplated thereby.
(f) Construction. No provision of this Contract shall be construed against or
interpreted to the disadvantage of any party by reason of such party having or being
deemed to have requested, drafted, required or structured such provision. It is the
intention of the parties that the party who employed the scrivener to prepare this
Contract not be prejudiced by virtue of such act, nor shall tilts Contract be construed
against such party by virtue of its actions in retaining the scrivener.
(g) Attorneys' Fees. In the event of any action for breach of, to enforce the provisions
of, or otherwise involving this Contract, the court in such action shall award a
reasonable sum as attorneys' fees to the party who, in light of the issues litigated and
the court's decision on those issues, was the prevailing party in the action. If a party
voluntarily dismisses an action, a reasonable sum as attorneys' fees shall be awarded to
the other party.
BUYER:
BOARD OF COUNTY COMMISSION i RS
OF PITION COUNTY,COLORADO
Name: Ck.
P
FPI-
Natalie Carricorte
f'.
EXHIBIT A
TRAILHEAD PARKING MOCKUP
l�
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ii
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Ili vs' u)nucr x �•.\-bS E..\. 198.00' S 67.46'05•E g
SS \, 139.00' 7
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\ \�A p P•. OQl
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ryi T-51.91' \♦ \I` 36.18' �/ \ ,�,xi+x:.. a .wt`\\
CD=N71.02'56°W \ 1 /
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q savmwumw rounol•vE4)smuss ` �' SOPRISENGINEERING-LLC
50,11NESS COMES WI).f6'WIRUSf lnRHER� ,
4/
ii ]oSm eev , \ CIVIL CONSULTANTS
'1 °'SOWN 601INDAAY TRACT 53 502 MAIN STREET,SURE A3
,� C'ARBONDALE,COLORADO 81623
I
-- - (970)704-0311 SOPRISENG@SOPRISENG,COM
1 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 (AE41-8-13)(Mandatory 1-14)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
7 AGREEMENT TO AMEND/EXTEND CONTRACT
8
9 Date: 05/12/2015
10
11 1. This agreement amends the contract dated 04/24/2015 (Contract),between
12 Michael Carricarte and Natalie Carricarte (Seller),and Board of County Commissioners of Pitkin County,Colorado
13 (Buyer),relating to the sale and purchase of the following legally described real estate in the County of Eagle
14 Colorado:See Contract
15
16
17
18 known as No. (Property).
19 Street Address City State Zip
20
21 NOTE: If the table is omitted,or if any item is left blank or is marked in the"No Change"column,it means no change to
22 the corresponding provision of the Contract. If any item is marked in the "Deleted" column, it means that the
23 corresponding provision of the Contract to which reference is made is deleted.
24
25 2. §3. DATES AND DEADLINES. [Note:This table may be omitted if inapplicable.]
Item Date or No
No. Reference Event Deadline Change Deleted
1 §4.3 Alternative Earnest Money Deadline n
Title
2 § 8.1 Record Title Deadline ✓
3 § 8.2 Record Title Objection Deadline ✓
4 § 8.3 Off-Record Title Deadline May 13,2015
5. . §8.3 Off-Record Title Objection Deadline June 3,2015 _
_ 6 § 8.4 Title Resolution Deadline ✓ _
7 § 8.6 Right of First Refusal Deadline I✓I _
Owners'Association
8 §7.3 Association Documents Deadline ✓
9 §7.4 Association Documents Objection Deadline
Seller's Property Disclosure
10 § 10.1 Seller's Property Disclosure Deadline__
✓
Loan and Credit H .
11 §5.1 Loan Application Deadline
12 §5.2 Loan Objection Deadline ✓
13 §5.3 Buyer's Credit Information Deadline ✓
14 §5.3 Disapproval of Buyer's Credit Information Deadline ✓ i
15 §5.4 Existing Loan Documents Deadline ✓
16 §5.4 Existing Loan Documents Objection Deadline ✓
17 §5.4 Loan Transfer Approval Deadline
18 §4.7 Seller or Private Financing Deadline ✓
Appraisal 4 � x ? `4*i�z'2' `"' 00tat
19 §6.2 Appraisal Deadline ❑ ❑
20 §6.2 Appraisal Objection Deadline ✓ n
Survey ��ar� , S,"64
21 §9.1 Current Survey Deadline ✓ ❑
22 §9.2 Current Survey Objection Deadline ✓ n
AE41-8-13. AGREEMENT TO AMEND/EXTEND CONTRACT Page 1 of 2
Item Date or No
No. Reference Event Deadline Change Deleted
23 §9.3 Current Survey Resolution Deadline 171 in
Inspection and Due Diligence
24 § 10.2 Inspection Objection Deadline ✓ LS
25 § 10.3 Inspection Resolution Deadline ✓
26 § 10.5, Property Insurance Objection Deadline
27 § 10.6 Due Diligence Documents Delivery Deadline May 13,2015
28. .. § 10.6 Due Diligence Documents Objection Deadline May 20,2015
29 § 10.6 Due Diligence Documents Resolution Deadline May 27,2015
30 § 10.6 Environmental Inspection Objection Deadline CBS2,3,4 ✓
31 § 10.6 ADA Evaluation Objection Deadline CBS2,3,4
32 § 10.7 Conditional Sale Deadline ✓ _
33 § 11.1 Tenant Estoppel Statements Deadline CBS2,3,4 ✓ -
34 § 11.2 Tenant Estoppel Statements Objection Deadline CBS2,3,4
Closing and Possession
35 § 12.3 Closing Date ✓ _
36. § 17 Possession Date ✓..
37 § 17Possession Time ✓ .
26 — —
27 3. Other dates or deadlines set forth in the Contract are changed as follows:
28
29
30
31 4. Additional amendments:
32
33
34
35 All other terms and conditions of the Contract remain the same.
36
37
38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by theirsignatures below and the offering party
39 to this document receives notice of such acceptance on or before
40 Date Time
41
42
Buyer's Name: Board of County Commissioners of Pitkin County,Colorado
Bu 'r'S Name:
SfupiA F- Cajoi ClfrLc (s % . I/ ��'�
Y
Bu er's Signature Date Buyer s iggnature Date
Seller's Name: Michael Carricarte Seller's Name: Natalie Carricarte
Seller's Signature Date Seller's Signature Date
43
AE41-8-13. AGREEMENT TO AMEND/EXTEND CONTRACT Page 2 of 2
Item Date or No
No. Reference Event Deadline Chane Deleted
23 §9.3 Current Survey Resolution Deadline 1✓1 I l
Inspection and Due Diligence -%, ' -, VA ; •
24 § 10.2 Inspection Objection Deadline I
25 § 10.3 Inspection Resolution Deadline ✓
26 § 105 Property Insurance Objection Deadline ✓
27 § 10.6 Due Diligence Documents Delivery Deadline May 13,2015
28 § 10.6 Due Diligence Documents Objection Deadline May 20,2015
29 § 10.6 Due Diligence Documents Resolution Deadline May 27,2015
—
---:
30 § 10.6 Environmental Inspection Objection Deadline CBS2,3,4 1
31 § 10.6 ADA Evaluation Objection Deadline CBS2,3,4 1
32 § 10.7 Conditional Sale Deadline ✓ _
33 §11.1 Tenant Estoppel Statements Deadline CBS2,3,4 ✓
34 § 11.2 Tenant Estoppel Statements Objection Deadline CBS2,3,4 ✓
Closing and Possession m k . r ,._,,, k "
35 § 12.3 Closing Date ✓
36. §17 Possession Date ✓
37 § 17 Possession Time - ✓
26
27 3. Other dates or deadlines set forth in the Contract are changed as follows:
28
29
30
31 4. Additional amendments:
32
33
34
35 All other terms and conditions of the Contract remain the same.
36
37
38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party
39 to this document receives notice of such acceptance on or before
40 Date Tinie
41
42
Board of County Commissioners of Pitkin County,Colorado
Buyer's Name: Bu -r's Name:
/ S---l5"---
Buyer's Signatu. Date Buyer s fgnature Date
Seller's Name: Michael £arricarte e'er' t Natalie Carricarte
WillM
Seller's Signal,re Dat-. Se ler's Si_- ature bate
43 -
AE41-8-13. AGREEMENT TO AMEND/EXTEND CONTRACT Page 2 of 2
•
T
I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 (AE41-8-13)(Mandatory 1-14)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
7 AGREEMENT TO AMEND/EXTEND CONTRACT
8
9 Date: 05/12/2015
10
11 1. This agreement amends the contract dated 04/24/2015 (Contract),between
12 Michael Carricarte and Natalie Carricarte (Seller),and Board of County Commissioners of Pitkin County,Colorado
13 (Buyer),relating to the sale and purchase of the following legally described real estate in the County of Eagle
14 Colorado:See Contract
15
16
17
18 known as No. (Property).
19 Street Address City State Zip
20
21 NOTE: If the table is omitted,or if any item is left blank or is marked in the"No Change"column,it means no change to
22 the corresponding provision of the Contract. If any item is marked in the "Deleted" column, it means that the
23 corresponding provision of the Contract to which reference is made is deleted.
24
25 2. §3. DATES AND DEADLINES. [Note:This table may be omitted if inapplicable.]
Item Date or No
No. Reference Event Deadline Chanje Deleted
1 §4.3 Alternative Earnest Money Deadline ✓
Title
2 §8.1 Record Title Deadline ✓
3 §8.2 Record Title Objection Deadline ✓
4 §8.3 Off-Record Title Deadline ✓ I
5 §8.3 Off-Record Title Objection Deadline
6 §8.4 Title Resolution Deadline June 10,2015 /
7 §8.6 Right of First Refusal Deadline
Owners'Association .;; '
8 §7.3 Association Documents Deadline ✓
9 §7.4 Association Documents Objection Deadline ✓
Seller's Property Disclosure
10 § 10.1 Seller's Property Disclosure Deadline ✓
Loan and Credit ✓ _
11 §5.1 Loan Application Deadline
12 §5.2 Loan Objection Deadline ✓
13 §5.3 Buyer's Credit Information Deadline ✓
14 §5.3 Disapproval of Buyer's Credit Information Deadline ✓ _
15 §5.4 Existing Loan Documents Deadline
16 §5.4 Existing Loan Documents Objection Deadline ✓
17 §5.4 Loan Transfer Approval Deadline ✓
18 §4.7 Seller or Private Financing Deadline ;/
Appraisal 77
19 §6.2 Appraisal Deadline ,/
20 §6.2 Appraisal Objection Deadline ,/
Survey
21 §9.1 Current Survey Deadline ✓ L
22 §9.2 Current Survey Objection Deadline ✓
AE41-8=13. AGREEMENT TO AMEND/EXTEND CONTRACT Pege 1 of 2
Item Date or No
No. Reference Event Deadline Change Deleted
23 §9.3 Current Survey Resolution Deadline n n
Inspection and Due Diligence .4„, T w#,.k ,, a 'g:. ,€"€i"x'4
24 § 10.2 Inspection Objection Deadline ✓25 § 103 Inspection Resolution Deadline •
26 § 10.5 Property Insurance Objection Deadline ✓
27 . § 10.6 Due Diligence Documents Delivery Deadline ✓
28 §10.6 Due Diligence Documents Objection Deadline .�
29 § 10.6 Due Diligence Documents Resolution Deadline ✓
30 § 10.6 Environmental Inspection Objection Deadline CBS2,3,4 ✓ _
31 § 10.6 ADA Evaluation Objection Deadline CBS2,3,4 ✓ _
32 § 10.7 Conditional Sale Deadline ✓
33 §11.1 Tenant Estoppel Statements Deadline CBS2,3,4
34 § 112 Tenant Estoppel Statements Objection Deadline CBS2,3,4
Closing and Possession LAZTRA
35 § 123 Closing Date ✓
36 §:17. :. Possession Date
37 § 17 Possession Time ® .
26
27 3. Other dates or deadlines set forth in the Contract are changed as follows:
28
29
30
31 4. Additional amendments:
32
33
34
35 All other terms and conditions of the Contract remain the same.
36
37
38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party
39 to this document receives notice of such acceptance on or before
40
41
42 t] 1e wi\I, 4eDTime
"1►Je D‘rQ.fir i -lay co .A-tt
OrQ S 2C e r-M(`z1� to cco MCno e� �o
2 �ra1 �crLt �` oW,
Buyer's Name: Board of County Camm(ssioners of Pflkin County,Colorado Buyer's Name: �� Atmke . o `'Q--
Cf • 2 . r (Jt elj( /2O (Y & ,Buyer's Si�rture te Buyer's Sign: - : Date
Seller's N. ,e. Mlc el Carricarte seller; Name: NatalieCarrlcarte
Gio
• -0if
NotutteNulk .••
Seller's S ature Date Seller's S ature Date
43 .
AE41-8-13. AGREEMENT TO AMEND/EXTEND CONTRACT Page 2 of 2
I.
1 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 (AE41-8-13)(Mandatory 1-14)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND T!ft PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
7 AGREEMENT TO AMEND/EXTEND CONTRACT
8
9 Date: 09/17/2015
10
11 1. This agreement amends the contract dated 04/24/2015 (Contract),between
12 Michael Carricarte and Natalie Carricarte (Seller),and Board of County Commissioners of Pitkin County,Colorado
13 (Buyer),relating to the sale and purchase of the following legally described real estate in the County of Eagle
14 Colorado:See Contract
15
16
17
18 known as No. (Property).
19 Street Address City State Zip
20
21 NOTE: If the table is omitted,or if any item is left blank or is marked in the"No Change"column,it means no change to
22 the corresponding provision of the Contract. If any item is marked in the "Deleted" column, it means that the
23 corresponding provision of the Contract to which reference is made is deleted.
24
25 2. §3. DATES AND DEADLINES. [Note:This table may be omitted if inapplicable.]
Item Date or No
No. Reference Event Deadline Change Deleted
1 §4.3 Alternative Earnest Money Deadline F.71 0
Title FAM„ "'-r-., i Nr«,k..,..,sa l. :,',',Wilt
"i
2 §8.1 Record Title Deadline ✓ _.
3 §8.2 Record Title Objection Deadline ✓
4 §8.3 Off-Record Title Deadline ✓
5 §8.3 Off-Record Title Objection Deadline ✓
6 §8.4 Title Resolution Deadline �✓
7 §8.6 Right of First Refusal Deadline 4� I l r$
Owners'Association zxr .- w. i; f 4
8 §7.3 Association Documents Deadline ✓
9 §7.4 Association Documents Objection Deadline El
Seller's Property Disclosure ,W4,.OZ w, ;` r.� i, .,,T „ ,-
10 § 10.1 Seller's Property Disclosure Deadline ✓ iiI
Loan and Credit _
11 §5.1 Loan Application Deadline ✓
12 §5.2 Loan Objection Deadline V
13 §5.3 Buyer's Credit Information Deadline ✓
14 §5.3 Disapproval of Buyer's Credit Information Deadline ✓ _
15 §5.4 Existing Loan Documents Deadline V
16 §5.4 Existing Loan Documents Objection Deadline V
17 §5.4 Loan Transfer Approval Deadline ✓
18 §4.7 Seller or Private Financing Deadline V
Appraisal ''i .. VAs a 15647-1101 O
19 §6.2 Appraisal Deadline ❑20 §6.2 Appraisal Objection Deadline1;1 n
bra, slµ s
Survey *, :I r� ... .: ,A
21 §9.1 Current Survey Deadline 0_ H
22 §9.2 Current Survey Objection Deadline 12
AE41-8-13. AGREEMENT TO AMEND/EXTEND CONTRACT Page 1 of 2
9 .4
Item Date or No
No. Reference Event Deadline Change Deleted
23 §9.3 Current Survey Resolution Deadline rt-71 n
Inspection and Due Diligence ,s <r -its,-:.e0,k:, ,,A.; 4`
24 § 10.2 Inspection Objection Deadline : ✓
25 §10.3 Inspection Resolution Deadline ✓
26 § 10.5 Property Insurance Objection Deadline ✓
27 § 10.6 Due Diligence Documents Delivery Deadline ✓
28 . § 10.6 Due Diligence Documents Objection Deadline
29 § 10.6 Due Diligence Documents Resolution Deadline ✓
—
30 § 10.6 Environmental Inspection Objection Deadline CBS2,3,4. . 71_ —
31 § 10.6 ADA Evaluation Objection Deadline CBS2,3,4 ✓
32 § 10.7 Conditional Sale Deadline ✓
33 § 11.1 Tenant Estoppel Statements Deadline CBS2,3,4
—
34 , § 11.2 Tenant Estoppel Statements Objection Deadline CBS2,3,4 ✓
Closing and Possession „r ,. ,
35 § 12.3 Closing Date ✓
36 § 17 Possession Date 0 —
37 § 17 Possession Time 0
0
0 ,
26
27 3. Other dates or deadlines set forth in the Contract are changed as follows:
28 The termination date noted in Article 9(a)of Addendum 1 of the Contract is hereby changed to
29
September 30, 2015.
30 p
31 4. Additional amendments:
32
33
34
35 All other terms and conditions of the Contract remain the same.
36
37
38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party
39 to this document receives notice of such acceptance on or before -
40 Date Time
41
42
Board of County Commissioners of Pitkin County,Colorado
Buyer's Name: Buyer's Name:
c c F L c111ct12.0(S
Buyer's Signature Date Buyer's Signature Date
Seller'sNam-1 icha:,' Carricarte Seller's Name: Natalie Carricarte
' - . /1- elm= 9 /7- ic"
Seller's Signa D;to i eller's Signature 'Da/
43
AE41-8-13. AGREEMENT TO AMEND/EXTEND CONTRACT Page 2 of 2
Pursuant to Paragraph 3 under the Now Therefore be it Ordinance clause, the following
documents were approved by and attached to this ordinance as Exhibit 1 and Exhibit 2.
Exhibit 1. Access Easement Agreement
Exhibit 2. Agreement and Restrict Covenants
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ACCESS EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into as of
OvE-aY�e� b I , 2015, by BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ("Grantor") and MICHAEL AND NATALIE CARRICARTE
(together, "Grantee").
RECITALS
A. Grantor is the owner of certain real estate located in Eagle County, Colorado,
legally described on Exhibit A attached hereto (the "Grantor Property").
B. Grantee is the owner of certain real estate located in Eagle County, Colorado,
legally described on Exhibit B attached hereto (the "Grantee Property").
C. Grantor has agreed to grant to Grantee an access easement over, across and
through the area described on Exhibit C attached hereto and depicted as a gray shaded driveway
along the east side of the Grantor Property on Exhibit D attached hereto (the "Easement Area"),
all in accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and agreements set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor and Grantee agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee and Grantee's successors and
assigns, for the benefit of the Grantee Property forever, a perpetual non-exclusive access
easement for vehicular and pedestrian use only and no other purpose, over, through and across
the Easement Area for access to and from the Grantee Property. Grantor understands and
acknowledges that the Easement Area shall be used by Grantee and also by Amy French (and her
successors and assigns) for access to the adjacent property owned by Amy French in accordance
with that certain Easement Agreement and Deed recorded in the real property records for Eagle
County, Colorado on January 18, 2013 under Reception No. 201301168.
2. Maintenance of Driveway. Grantor shall be responsible for all maintenance and upkeep
of the existing driveway within the Easement Area and shall maintain, repair and/or replace such
driveway as is reasonably necessary to keep the driveway in a safe, good and usable condition
and in substantially the same condition as of the date hereof.
3. Run with the Land. The terms and provisions of this Agreement and all easement rights
granted hereunder shall run with title to the Grantor Property and the Grantee Property and as a
burden to the Grantor Property and benefit to the Grantee Property. This Agreement shall be
recorded in the real property records of Eagle County, Colorado.
4. No Interference. Grantee's use of the Easement Area shall not interfere with or interrupt
any use of the Grantor Property by the County, its employees or agents.
5. Choice of Law. This Agreement and every related document shall be governed and
construed in accordance with the laws of the State of Colorado.
6. Venue_ Venue for any legal action relating to this Agreement shall be in the District
Court in and for the County of Pitkin, Colorado:
7. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should
ever become the subject of litigation, arbitration or mediation between the Grantee (or its
successors and assigns) and the County, the substantially prevailing party shall be awarded its
reasonable costs and attorneys' fees and costs incurred in connection therewith.
8. Waiver. No failure or delay of the parties to exercise any power or right under this
Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such
right or power, or any abandonment or discontinuance of steps to enforce such right or power,
preclude any other or further exercise thereof or the exercise of any other right or power.
Nothing contained in this Agreement shall constitute a waiver of any right, power or authority of
the parties hereto, except as expressly provided for herein.
9. No Waiver of Governmental Immunity. Grantee and the County, its directors,
officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S. §
24-10-101, et seq., as it may be amended from time to time.
10. No Third Party Beneficiaries. It is the intent of the parties hereto that no third party
beneficiary interest is created in this Agreement. The parties hereto are not presently aware of
any actions by them or any of their authorize representatives which would form the basis for
interpretation construing a different intent and expressly disclaim any such acts or actions.
11. Amendment. This Agreement may only be amended by a written document executed by
the County and Grantee, or its successors and assigns.
12. Entire Agreement. This Agreement constitutes the entire and complete agreement of
the parties in regard to the subject matter herein. No promise or undertaking has been made by
any party, and no understanding exists with respect to the transaction herein contemplated except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are embodied and merged into this Agreement.
13. Counterparts. This Agreement may be signed in counterparts and all of which, when
taken together, shall constitute one instrument.
2
IN WITNESS WHEREOF, this Agreement is executed as of the day and year first
above written.
GRANTOR:
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By: --(--e-N5 c 1, (cA
Name: c`frkre.,1,, f= (rid
Title: cL0.:.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 14 day of
0 C. 09TX , 2015, by`jkt-i)rx , C \ d as e `r1 eJ. l , BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO.
(12-CILL,
Notary Public
My-eorrirnission-expires:
JANE A. ACHEY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID# 19954008967
_NAV�'a ANIIS ION EXPIRES AUGUST 04,2019
[Signatures Continued on Following Page]
3
•
GRANT I:
f /
• _
ich.-1 CA
•kat,./,'Mi.
Natalie Carricarte
•
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 1 day of
'O(t /W\ , 2015,by Michael Carricarte and Natalie Carricarte.
1, ( (6 CI
1 tar tv Dhc
My commission expires: -v(1
•
1 LIWRE J. CRUZ-POTTER R
NOTARY PUBLIC
p ATEOFCOLORADO
IS; Pt, EXsE ">
3. 7 e lS101 . 4x1
EXHIBIT A
LOT 2,
ACCORDING TO THE EXEMPTION PLAT OF CARRICARTE PROPERTY RECORDED SEPTEMBER 29,2015 AS RECEPTION
NO.201518325.
•
A PARCEL OF LAND BEING A PORTION OF GOVERNMENT TRACT 53 LYING IN THE NE1/4 OF SECTION 10,TOWNSHIP 8
SOUTH,RANGE 87 WEST OF THE 6T14 P.M.,COUNTY OF EAGLE,STATE OF COLORADO,SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ON A POINT ON THE SOUTHERLY BOUNDARY OF SAID PROPERTY,WHENCE ANGLE POINT NO.4 OF SAID
TRACT 53 BEARS S 00°15'57"E,A DISTANCE OF 393.45 FEET;THENCE ALONG THE BOUNDARY OF SAID PROPERTY AND
EAST LINE OF SAID TRACT N 00°15'57"W,A DISTANCE OF 321.79 FEET;THENCE LEAVING SAID BOUNDARY S 51°55'16"
W,A DISTANCE OF 276.98 FEET TO A POINT ON SAID BOUNDARY;THENCE ALONG SAID BOUNDARY THE FOLLOWING
THREE(3)COURSES:
1.S 37°50'49"E 166.72 FEET;
2.91.93 FEET ALONG THE ARC OFA CURVE TO THE LEFT,RADIUS OF 79.32 FEET,INCLUDED ANGLE OF 66°24'15",
(CHORD S.71°02'56"E,86.87 FEET);
3.N 75°44'56"E 36.18 FEET TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO
EXHIBIT B
Description of Grantee Property
A TRACT OF LAND BEING SITUATED IN GOVERNMENT TRACT 52, BEING A PORTION OF THE
SE1/4 OF SECTION 3,THE NW1/4 OF SECTION 11 AND THE NE1/4 OF SECTION 10,TOWNSHIP 8
SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF EAGLE, STATE OF COLORADO, SAID
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID TRACT 53 FROM WHENCE THE WITNESS
CORNER FOR A.P. 4 OF SAID TRACT 53 BEARS S.00°15'57".E, A DISTANCE OF 393.45 FEET AND
N.88° 57'22".E, A DISTANCE OF 17.16 FEET, SAID POINT ALSO BEING THE NORTHERLY HOOKS
SPUR ROAD RIGHT OF WAY AS DESCRIBED IN THAT DOCUMENT RECORDED AS RECEPTION
NO. 141670 OF THE EAGLE COUNTY RECORDS;THENCE THE FOLLOWING TWO (2) COURSES
ALONG SAID NORTHERLY HOOKS SPUR ROAD RIGHT OF WAY:
1) S.75°44'56"W., A DISTANCE OF 36.18 FEET:
2) 91.93 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 79.32 FEET
AND A CENTRAL ANGLE OF 66°24'15", CHORD BEARS N.71°02'56"W., A DISTANCE OF 86.87 FEET,
TO A POINT ON THE NORTHEASTERLY LINE OF THE ROARING FORK TRANSIT AUTHORITY
RAILROAD RIGHT OF WAY AS ESTABLISHED PER THE RAILROAD RIGHT OF WAY SURVEY OF
THE EL JEBEL SEGMENT PERFORMED BY FARNSWORTH GROUP DATED DECEMBER 28, 2007;
THENCE N.37°50'49"W. ALONG SAID NORTHEASTERLY LINE OF THE ROARING FORK TRANSIT
AUTHORITY RAILROAD RIGHT OF WAY, A DISTANCE OF 1,996.16 FEET TO A POINT ON THE
WEST LINE OF TRACT 53;THENCE LEAVING SAID NORTHEASTERLY LINE N.00°24'42"W. ALONG
SAID WEST LINE, A DISTANCE OF 882.81 FEET, TO A POINT ON THE NORTH LINE OF SAID
TRACT 53; THENCE LEAVING SAID WEST LINE N. 87°32'11"E. ALONG SAID NORTH LINE, A
DISTANCE OF 293.26 FEET, MORE OR LESS
TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER, THENCE LEAVING SAID
NORTH LINE ALONG SAID RIVER CENTERLINE THE FOLLOWING FOUR (4) COURSES:
1) S.55°54'05"E., A DISTANCE OF 556.29 FEET;
2) S. 74°28'05"E., A DISTANCE OF 198.00 FEET;
3) S.67°46'05"E., A DISTANCE OF 139.00 FEET;
4) S.68°53'18"E., A DISTANCE OF 282.25 FEET,TO A POINT ON THE EAST LINE OF SAID TRACT
53;
THENCE S.00°15'57"E. ALONG SAID EAST LINE, A DISTANCE OF 1,535.47 FEET; THENCE
LEAVING SAID EAST LINE N.89°44'02"W., A DISTANCE OF 12.33 FEET; THENCE S. 00°41'12"W., A
DISTANCE OF 97.13 FEET;THENCE S.89°18'48"E., A DISTANCE OF 13.94 FEET, TO A POINT ON
THE EAST LINE OF SAID TRACT 53; THENCE S.00°15157" E. ALONG SAID EAST LINE, A DISTANCE
OF 338.07 TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO
EXCEPTING THAT PORTION OF PROPERTY DESCRIBED IN QUIT CLAIM DEED RECORDED
SEPTEMBER 27, 2013 UNDER RECEPTION NO. 201319671.
EXHIBIT C
Description of Easement Area
ACCESS EASEMENT EXHIBIT OF:
DRIVEWAY EASEMENT
AN EASEMENT SITUATED IN TRACT 53
TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6th P.M.
COUNTY OF EAGLE, STATE OF COLORADO
SHEET 2OF2
ACCESS EASEMENT DESCRIPTION •
A TWENTY-THREE(23)FOOT WIDE ACCESS EASEMENT TRAVERSING THROUGH A PORTION OF GOVERNMENT TRACT 53 AND THE
NE 1/4 OF SECTION 10,TOWNSHIP 8 SOUTH RANGE 87 WEST OF THE 6TH P.M.COUNTY OF EAGLE,STATE OF COLORADO, AND
THE PARCEL DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 28,2012 AS RECEPTION NO.201226433 OF THE EAGLE
COUNTY RECORDS;THE BASIS OF BEARING FOR THIS DESCRIPTION IS S.00°15'57"E.,ALONG THE EAST TRACT LINE OF SAID TRACT
53;SAID EASEMENT BEING TWENTY-THREE(23)FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL,THENCE S.75°44'56"W.ALONG THE SOUTHERLY BOUNDARY OF
SAID PARCEL,A DISTANCE OF 15.82 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID BOUNDARY THE FOLLOWING
EIGHT(8)CALLS:
1) 15.58 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL
ANGLE OF 1r09'43",CHORD BEARS N.16°32'52"W.,A DISTANCE OF 15.56 FEET;
2) 75.95 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 210.00 FEET AND A CENTRAL ANGLE
OF 20°43'21",CHORD BEARS N.11°46'03"W.,A DISTANCE OF 75.54 FEET;
3) N.01°24'22"W.,71.34 FEET;
4) 54.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 237.00 FEET AND A CENTRAL ANGLE OF
13°09'49",CHORD BEARS N.07°59'17"W.,A DISTANCE OF 54.33 FEET;
5) N.14°34'11"W.,41.86 FEET;
6) 69.81 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 126.00 FEET AND A CENTRAL ANGLE OF
31°44'40",CHORD BEARS N.01°18'09"E.,A DISTANCE OF 68.92 FEET;
7) 38.49 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 28.00 FEET AND A CENTRAL
ANGLE OF 78°45'07",CHORD BEARS N.56°33'03"E.,A DISTANCE OF 35.53 FEET;
8) S.84°04'24"E.,22.35 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL,THE POINT OF TERMINUS WHERE THE
POINT OF COMMENCEMENT BEARS S.00°15'57"E.,A DISTANCE OF 336.79 FEET.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET,SUITE A3
CARBONDALE,COLORADO 81623
(970)704-0311 SOPRISENG@SOPRISENG.COM sb GRK#13005.03 2015-09-24 M:\3300dwgs\13005\PARKING PARCEL\13005 PARKING PARCEL ISP
EXHIBIT D
AOS EASEMENTCOUNT OF:
DRIVEWAY EASEMENT
AN EASEMENT SITUATED IN TRACT 53
TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6th P.M.
COUNTY OF EAGLE, STATE OF COLORADO
SHEET 1 OF 2
CURVE TABLE .
CURVE LENGTH RADIUS TANGENT DELTA BEARING CHORD •
Ca.1 15.58' 80.00' 7.82' 11'09'43" N 16'32'52"W 15.56'
Ca.2 75.95' 210.00' 3840' 20'43'21" N 11'46'03"w 75.54' • :.32'
.02'
Ca.3 54.45' 237.00' 27.35' 13609'49" N 07'59'17"W 54.33' / 3 _
Ca.4 69.81' 126.00' 35.83' 31'44'40" N 01'18'09"E 68.92' • •,'..4 [, .3 POINT OF
40
Ca.5 38.49' 28.00' 22.98' 78'45'07" N 56•33'0316E 35.53' /`�' .1. VTERMINUS
I /�f5� "
'
LINE TABLE I
UNE BEARING LENGTH .' I
I
La.1 N01'24'22"W 71.34' I I
La.2 N14'34'11"W 41.86' I • ,
I • •
La.3 S84'04'24"E 22.35' ' 1
1 1
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• ,' \ ` 10
1 1 i
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MICHAEL&NATAUE CARRICARTE 1 to A
315 HOOK SPUR ROAD,BASALT 1 '. • 1
PARCEL#246510101002 1 1 m a
REC#201226433 , w
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`. 4) POINT OF
• '• . ' BEGINNING % • 1
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\% 15.82'
1 POINT OF
20.36\ 9 f COMMENCEMENT
SOPRIS ENGINEERING - LLC `' :
CIVIL CONSULTANTS , • •• • iCi .•
502 MAIN STREET,SUITE A3
CARBONDALE,COLORADO 81623
(970)704-0311 SOPRISENG@SOPRISENG.COM sb GRK#13005.03 2015-09-25 M:\3300dwgs\13005\PARKINGPARCEL\13005 PARKING PARCEL ISP
ifY
AGREEMENT AND RESTRICTIVE COVENANTS
THIS AGREEMENT AND RESTRICTIVE COVENANTS (this "Agreement") is
made as of this 191 day of October 2015, by and between the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO (the "County"), whose address is 530
E. Main Street, 31d Floor, Aspen, Colorado 81611 and MICHAEL AND NATALIE
CARRICARTE, whose address is 315 Hook Spur Road,Basalt, Colorado 81611 ("Carricarte").
WITNESSETH
WHEREAS, the County is the owner of the real property in Eagle County, Colorado
described on Exhibit A attached hereto, and all appurtenances, improvements and fixtures
associated therewith (the"County Property");
WHEREAS, Carricarte is the owner of the real property in Eagle County, Colorado
described on Exhibit B attached hereto, and all appurtenances, improvements and fixtures
associated therewith (the"Carricarte Property")and has an easement across, and the right to use, an
access road through the County Property to access the Carricarte Property(the"Access Road"); and
WHEREAS, on or about October 1, 2015, Carricarte sold the County Property to the
County and in connection with such sale of the County Property, Carricarte and the County agreed
that, from and after the closing, the County Property would be burdened by certain restrictive
covenants and the parties would agree on certain covenants with respect to the County Property, as
set forth in this Agreement.
NOW, THEREFORE, for ten dollars ($10.00) and other good and sufficient
consideration, the receipt and sufficiency of which is hereby acknowledged, the County and
Carricarte hereby covenants and agrees as follows:
1. Restrictive Covenants. The County hereby agrees and declares that the County
Property shall, at all times, be subject to the following restrictions and covenants (collectively, the
"Restrictions"):
A. The County Property shall not be used for any"special events", as defined in
the Eagle County Land Use Code in effect as of the date hereof.
B. No exterior lighting or lighting fixtures shall be permitted upon the County
Property or in connection with any public parking area on the County •
Property.
C. No temporary or permanent structures over 500 square feet may be
constructed or permitted upon the County Property.
D. No camping or overnight parking shall be permitted upon the County
Property.
2. Ditches and Waterways. The County understands and acknowledges that certain
ditches and waterways traverse the County Property and benefit the Carricarte Property. The
County hereby covenants and agrees that,it shall not disturb, or permit the disturbance of, any
ditches or waterways that exist on or under the County Property and shall not take any action that
would affect or alter any water flowing through the County Property to the Carricarte Property.
The County further agrees that any water rights held by Carricarte, or appurtenant to the
Carricarte Property, shall be senior in priority to any water rights appurtenant to the County
Property.
3. Snow Removal. At such time as Carricarte (or any successor owner of the Carricarte
Property) constructs a new building on the southern portion of the Carricarte Property and uses
the Access Road as primary access to such new building, Carricarte (or any successor owner of
the Carricarte Property) shall be responsible for the plowing and removal of snow on the Access
Road. Carricarte and County agree that Carricarte assumes all obligations and responsibilities
and County assumes no obligations or responsibilities under Article 3(a) of the Easement and
Agreement deed dated November 28, 2012, recorded in the records of the Eagle County Clerk
and Recorders Office on 01/18/2013, under Reception number 201301168.
4. Run with Land. The Restrictions and this Agreement shall run with title to the County
Property and the Carricarte Property forever, and the Restrictions shall burden the County
Property forever. Any future conveyances of the County Property shall be subject to the
Restrictions. Invalidation of any covenant or restriction contained herein shall not affect the
remaining conditions, which shall remain in full force and effect.
5. Recording. This Agreement shall be recorded in the real property records of Eagle
County, Colorado.
6. Enforcement. The terms and conditions of this Agreement may be enforced by either
party hereto, and the Restrictions may be enforced against the County Property by Carricarte or
any successor owner of the Carricarte Property.
7. Modification. This Agreement may not be modified, amended or released without the
express written consent of the owner of the Carricarte Property and the County Property and in
no event shall the Restrictions be amended or released without the express written consent of the
owner of the Carricarte Property.
8. Attorneys' Fees and Costs. If any dispute arises under, or relates to, enforcement of this
Agreement and/or the Restrictions, then the prevailing party in such dispute shall be entitled to
receive from the non-prevailing party, in addition to any other remedies awarded by the court, an
award in the amount of their reasonable attorneys' fees and costs incurred in such dispute,
including any appeals resulting therefrom.
2
9. Notices. All notices, offers, acceptance and any other acts under this Agreement (except
payment) shall be in writing, and shall be sufficiently given if delivered to the addressees in person,
by Federal Express or similar overnight delivery, or by email delivery followed by Federal Express
or similar next business day delivery, as first set forth above or to such other address as either of
them, by notice to the other may designate in writing from time to time. The transmission
confirmation receipt from the sender's email shall be evidence of successful delivery. Time shall
be counted to, or from, as the case may be, the delivery in person or by mailing.
10. Further Assurances. Each of the parties agree to execute, acknowledge, deliver, file and
record, or cause to be executed, acknowledged, delivered, filed and recorded such further
instruments and documents and such certificates, and to do all things and acts as the other party
may reasonably require in order to carry out the intentions of this Agreement.
11. Counterparts. This Agreement (or any amendments, modifications or extensions
hereof) may be executed in several counterparts and, after execution and as executed, shall
constitute an agreement binding on all of the parties, notwithstanding that all of the parties are
not signatories to the original or the same counterpart.
[Signature page follows]
3
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year above first written.
THE COUNTY: CA ART/:
BOARD OF COUNTY COMMISSIONERS OF L�.
PITKIN COUNTY, COLORADO Mic. ae -. :� ci a``i-te
ri,By: 5+ev e C ��'(ai / A ll.fi
Name: 'S' ,0 F at// Natalie Carricarte
Title: ci.c,� v-artiLt w.
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoins inAtrufnent was acknowledged before me this \S\- day of S€ptember,
2015, by ?_;\ as C V\(A t for BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO.
WITNESS MY hand and official seal.
My-Earnrtission-expires:
JANE A. ACHEY
NOTARY PUBLIC _
STATE OF COLORADO A -
NOTARY ID# 19954008967 N'ot Public
MY COMMISSION EXPIRES AUGUST 04.2019 f -y
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
\The foregoing instrument was acknowledged before me this day of
,Sgptember7-201'5,by Michael Carricarte and Natalie Carricarte.
1 , Zb L
WITNESS MY hand and official seal.
My Commission expires: l 101-1 I Lo 1
LAUR ;,W CRUZ-POTTER �■I► .11111111r��
NOTARY PUBLICSTATE OF COLORADO Notary Pu rrry L / '®
rtfiY C:)M 1! S(OPN E2}9.P1315471114/8043/2017
`S/1104/2017
4
•
EXHIBIT A
LOT 2,
ACCORDING TO THE EXEMPTION PLAT OF CARRICARTE PROPERTY RECORDED SEPTEMBER 29,2015 AS RECEPTION
NO.201518325.
A PARCEL OF LAND BEING A PORTION OF GOVERNMENT TRACT 53 LYING IN THE NE1/4 OF SECTION 10,TOWNSHIP 8
SOUTH,RANGE 87 WEST OF THE 6TH P.M.,COUNTY OF EAGLE,STATE OF COLORADO,SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ON A POINT ON THE SOUTHERLY BOUNDARY OF SAID PROPERTY,WHENCE ANGLE POINT NO.4 OF SAID
TRACT 53 BEARS S 00°15'57"E,A DISTANCE OF 393.45.FEET;THENCE ALONG THE BOUNDARY OF SAID PROPERTY AND
EAST LINE OF SAID TRACT N 00°15'57"W,A DISTANCE OF 321.79 FEET;THENCE LEAVING SAID BOUNDARY S 51°55'16"
W,A DISTANCE OF 276.98 FEET TO A POINT ON SAID BOUNDARY;THENCE ALONG SAID BOUNDARY THE FOLLOWING
THREE(3)COURSES:
1.S 37°50'49"E 166.72 FEET;
2.91.93 FEET ALONG THE ARC OFA CURVE TO THE LEFT,RADIUS OF 79.32 FEET,INCLUDED ANGLE OF 66°24'15",
(CHORD S.71°02'56"E,86.87 FEET);
3.N 75°44'56"E 36.18 FEET TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO
EXHIBIT B
Description of the Carricarte Property
A tract of land being situated in Government Tract 53, being a portion of the SE1/4 of
Section 3, the NW1/4 of Section 11 and the NE1/4 of Section 10, Township 8 South,
Range 87 West of the 6th P.M., County of Eagle, State of Colorado, said tract of land
being more particularly described as follows:
Beginning at a point on the East line of said Tract 53 from which the witness corner for
AP4 of said Tract 53 bears SOO° 12'00"E 393.17 feet and N89°53'00"E 17.16 feet, said
witness corner being a 3" USGLO Brass Cap on a 1" iron pipe; thence departing said east
line and along the northerly right of way line for Hooks Spur Road as described in
Document recorded under Reception No. 141670 of the records of said County the
following five (5) courses:
1) S75°47'25"W 34.78 feet;
2) 91.94 feet along the arc of a curve to the right having a radius of 79.32 feet, a central
angle of 66°24'30" and a chord which bears N71°00'26"W 86.88 feet;
3) N37°48'20"W 1607.81 feet;
4) 84.08 feet along the arc of a curve to the left having a radius of 382.50 feet, a central
angle of 12°35'38" and a chord which bears N44°06'09"W 83.91 feet;
5) N50°23'57"W 86.23 feet to intersect the northerly right of way line of the Old Denver
and Rio Grande Western Railroad Right of Way;
thence N37°48'15"W 185.00 feet along said northerly right of way line to intersect the
west line of said Tract 53;
thence along said west line N00°21'03"W 929.44 feet to the north line of said Tract 53;
thence along said north line N87°38'23"E 292.15 feet to the centerline of the Roaring Fork
River as located by survey in
September, 1998;
thence along said river centerline the following four(4) courses:
1) S55°50'10"E 557.45 feet;
2) S74°24'10"E 198.00 feet;
3) S67°42'10"E 139.00 feet;
4) S68°49'23"E 285.26 feet to the east line of said Tract 53;
thence along said east line S00°12'00"E 1535.47 feet;
thence departing said east line N89°40'06"W 12.33 feet;
thence S00°45'08"W 97.13 feet;
thence S89°14'52"E 13.94 feet to the east line of said Tract 53;
thence along said east line S00°12'00"E 338.14 feet to the Point of Beginning.
LESS AND EXCEPT all that property conveyed to the County of Eagle, State of Colorado
by Quit Claim Deed recorded September 27, 2013 as Reception No. 201319671 and the
Property described in Exhibit A hereof.
COUNTY OF EAGLE
STATE OF COLORADO
6
RECEPTION#: 623906, 10/06/2015 at
09:05:35 AM, Eagle County,CO 201518842
1 OF 10, R $0.00 Doc Code EASEMENT Teak J Simonton 10105!2015
Pgs: 10 02:36:00 PM
Janice K.Vos Caudill, Pitkin County, CO REC: $56.00 DOC:$0.00
• 43066 c�
SPACE ABOVE THIS LINE FOR RECORDER' RACT#�d 5 -V6
ACCESS EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is.made and entered into as of
OC -pY,sz.A. 0 1 , 2015, by BOARD OF COUNTY COMMISSIONERS OF P1'TKIN
COUNTY, COLORADO ("Grantor") and MICHAEL AND NATALIE CARRICARTE
(together,"Grantee").
RECITALS •
A. Grantor is the owner of certain real estate located in Eagle County, Colorado,
legally described on Exhibit A attached hereto (the"Grantor Property").
B. Grantee is the owner of certain real estate located in Eagle County, Colorado,
legally described on Exhibit B attached hereto(the"Grantee Property").
•
C. Grantor has agreed to grant to Grantee an access easement over, across and
through the area described on Exhibit C attached hereto and depicted as a gray shaded driveway
along the east side of the Grantor Property on Exhibit D attached hereto (the "Easement Area"),
all in accordance with the terms and conditions-of this Agreement.
. - • AGREEMENT
NOW, THEREFORE, in consideration of the covenants and agreements set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,Grantor and Grantee agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee and Grantee's successors and
assigns; for the benefit of the Grantee Property forever, a perpetual non-exclusive access
easement for vehicular and pedestrian use only-and no other purpose, over, through and across
the Easement Area for access to and from the Grantee Property. Grantor understands and
acknowledges that the Easement Area shall be used by Grantee and also by Amy French (and her
successors and assigns)for access to the adjacent property owned by Amy French in accordance
with that certain Easement Agreement and Deed recorded in the real property records for Eagle
County,Colorado on January 18, 2013 under Reception No. 201301168.
2. Maintenance of Driveway. Grantor shall be responsible for all maintenance and upkeep
of the existing driveway within the Easement Area and shall maintain, repair and/or replace such
driveway as is reasonably necessary to keep the driveway in a safe, good and usable condition
and in substantially the same condition as of the date hereof.
3. Run with the Land. The terms and provisions of this Agreement and all easement rights
granted hereunder shall run with title to the Grantor Property and the Grantee Property and as a
•
•
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ACCESS EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into as of
2015, by BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ("Grantor") and MICHAEL AND NATALIE CARRICARTE
(together,"Grantee").
RECITALS
A. Grantor is the owner of certain real estate located in Eagle County, Colorado,
legally described on Exhibit A attached hereto(the"Grantor Property").
B. Grantee is. the owner of certain real estate located in Eagle County, Colorado,
legally described on Exhibit B attached hereto (the"Grantee Property").
C. Grantor has agreed to grant to Grantee an access easement over, across and
through the area described on Exhibit C attached hereto and depicted as a gray shaded driveway •
along the east side of the Grantor Property on Exhibit D attached hereto (the `Easement Area"),
• all in accordance with the terms and conditions of this Agreement.
• AGREEMENT
NOW, THEREFORE, in consideration of the covenants and agreements set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor and Grantee agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee and Grantee's successors and
assigns,' for the benefit of the Grantee Property forever, a perpetual non-exclusive access
easement for vehicular and pedestrian use only'and no other purpose, over, through and across
the Easement Area for access to and froth the Grantee Property. Grantor understands and
acknowledges that the Easement Area shall be used by Grantee and also.by Amy French(and her
successors and assigns) for access to the adjacent property owned by Amy French in accordance
with that certain Easement Agreement and Deed recorded in the real property records for Eagle
County, Colorado on January 18,2013 under Reception No.201301168.
•
2. Maintenance of Driveway. Grantor shall be responsible for all maintenance and upkeep
of the existing driveway within the Easement Area and shall maintain, repair and/or replace such
driveway as is reasonably necessary to keep the driveway in a safe, good and usable condition
and in substantially the same condition as of the date hereof.
3. Run with the Land. The terms and provisions of this Agreement and all easement rights
granted hereunder shall run with title to the Grantor Property and the Grantee Property and as a
burden to the Grantor Property and benefit to the Grantee Property. This Agreement shall be
recorded in the real property records of Eagle County, Colorado.
4. No Interference. Grantee's use of the Easement Area shall not interfere with or interrupt
any use of the Grantor Property by the County, its employees or agents.
5. Choice of Law. This Agreement and every related document shall be governed and
construed in accordance with the laws of the State of Colorado.
6. Venue_ Venue for any legal action relating to this Agreement shall be in the District
Court in and for the County of Pitkin,Colorado:
7. Attorneys'Fees. In the event the interpretation or enforcement of this Agreement should
ever become the subject of litigation, arbitration or mediation between the Grantee (or its •
successors and assigns) and the County, the substantially prevailing party shall be awarded its
reasonable costs and attorneys' fees and costs incurred in connection therewith.
8. Waiver. No failure or delay of the parties to exercise any power or right under this
Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such
right or power, or any abandonment or discontinuance of steps to enforce such right or power,
preclude any other,or further exercise thereof or the exercise of any other right or power.
Nothing contained in this.Agreement shall constitute a waiver of any right, power or authority of
the parties hereto, except as expressly provided for herein.
9. No Waiver of Governmental Immunity. Grantee and the County, its directors,
officials,officers, agents and employees are relying upon and do not waive or abrogate, or intend-
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights immunities or protections'afforded by the Colorado Governmental Immunity Act, C.R.S. §
24-10-101,et seq., as it may be amended from time to time.
10. No Third Party Beneficiaries. It is the intent of the parties hereto that no third party
beneficiary interest is created in this Agreement. The parties hereto are not presently aware of
any actions by them or any of their authorize representatives which would form the basis for
interpretation construing a different intent and expressly disclaim any such acts or actions.
•
11. Amendment. This Agreement may only be amended by a written document executed by
the County and Grantee, or its successors and assigns.
12. Entire Agreement. This Agreement constitutes the entire and complete agreement of
. the parties in regard to the subject matter herein. No promise or undertaking has been made by
any party, and no understanding exists with respect to the transaction herein contemplated except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings •
between the parties are embodied and merged into this Agreement.
13. Counterparts. This Agreement may be signed in counterparts and all of which, when
taken together, shall constitute one instrument.
2
•
IN WITNESS WHEREOF,this Agreement isexecuted as of the day and year first
above written.
GRANTOR:
•
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By: S-{-eAl CEA. ' P C.0(c
Name:
• Title: cttov-cu ate.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this s day of
0 CAO ( , 2015, by?G7 ex • Cin A Gi asC' �1 , BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO.
k6,,, a .
Notary Public
My-seirnissio xpir•e-s:
JANE A.ACHEY •
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#19954008967
122`F @® M SSION EXPIRES AUGUST 04,2019
[Signatures Continued on Following Page]
•
3
GRANT a':
ich.-1 CA
i_o
Natalie Carricarte
•
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN ) ��
The foregoing instrument was acknowledged before me this j day of
41)0 , \ , 2015,by Michael Carricarte and Natalie Carricarte.
Li1, 6 ti '1, he
My commission expires: 4,-6-(1
LAURE J. CRUZ-DOTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2OO54O 6453
@tY COM€MISSION EXPIRES 1'ff.I4/2017
1
EXHIBIT A
•
LOT2, '
ACCORDING TO THE EXEMPTION PLAT OF CARRICARTE PROPERTY RECORDED SEPTEMBER 29,2015 AS RECEPTION
NO.201518325.
•
A PARCEL OF LAND BEING A PORTION OF GOVERNMENT TRACT 53 LYING IN THE NEl/4.OF SECTION 10,TOWNSHIP 8
SOUTH,RANGE 87 WEST OF THE 6TH P.M.,COUNTY OF EAGLE,STATE OF COLORADO,SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: •
BEGINNING ON A POINT ON THE SOUTHERLY BOUNDARY OF SAID PROPERTY,WHENCE ANGLE POINT NO.4 OF SAID
TRACT 53 BEARS S 00°15'57"E,A DISTANCE OF 393.45 FEET;THENCE ALONG THE BOUNDARY OF SAID PROPERTYAND
EAST LINE OF SAID TRACT N 00°15'57"W,A DISTANCE OF 321.79 FEET;THENCE LEAVING SAID BOUNDARY S 51°5516"
W,A DISTANCE OF 276.98 FEET TO A POINT ON SAID BOUNDARY;THENCE ALONG SAID BOUNDARY THE FOLLOWING
THREE(3)COURSES:
1.S 37°50'49"E 166.72 FEET; • •
2.91.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT,RADIUS OF 79.32 FEET,INCLUDED ANGLE OF 66°24'15",
(CHORD S.71°02'56"E,86.87 FEET); '
3.N 75°4456"E 36.18 FEET TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO .
•
EXHIBIT B
Description of Grantee Property
A TRACT OF LAND BEING SITUATED IN GOVERNMENT TRACT 52, BEING A PORTION OF THE
SE1/4 OF SECTION 3,THE NW1/4 OF SECTION 11 AND THE NE1/4 OF SECTION 10,TOWNSHIP 8
SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF EAGLE,STATE OF COLORADO,SAID
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID TRACT 53 FROM WHENCE THE WITNESS
CORNER FOR A.P.4 OF SAID TRACT 53 BEARS S.00°15'57".E,A DISTANCE OF 393.45 FEET AND
N.88°57'22".E,A DISTANCE OF 17.16 FEET,SAID POINT ALSO BEING THE NORTHERLY HOOKS
SPUR ROAD RIGHT OF WAY AS DESCRIBED IN THAT DOCUMENT RECORDED AS RECEPTION
NO. 141670 OF THE EAGLE COUNTY RECORDS;THENCE THE FOLLOWING TWO(2) COURSES
• ALONG SAID NORTHERLY HOOKS SPUR ROAD RIGHT OF WAY:
1) S.75°44'56"W.,A DISTANCE OF 36.18 FEET:
2) 91.93 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 79.32 FEET
AND A CENTRAL ANGLE OF 66°24'15", CHORD BEARS N.71°02'56"W.,A DISTANCE OF 86.87 FEET,
TO A POINT ON THE NORTHEASTERLY LINE OF THE ROARING FORK TRANSIT AUTHORITY
RAILROAD RIGHT OF WAY AS ESTABLISHED PER THE RAILROAD RIGHT OF WAY SURVEY OF
THE EL JEBEL SEGMENT PERFORMED BY FARNSWORTH GROUP DATED DECEMBER 28, 2007;
THENCE N.37°50'49"W.ALONG SAID NORTHEASTERLY LINE OF THE ROARING FORK TRANSIT
AUTHORITY RAILROAD RIGHT OF WAY,A DISTANCE OF 1,996.16 FEET TO A POINT ON THE •
WEST LINE OF TRACT 53;THENCE LEAVING SAID NORTHEASTERLY LINE N.00°24'42"W.ALONG
SAID WEST LINE,A DISTANCE OF 882.81 FEET,TO A POINT ON THE NORTH LINE OF SAID
TRACT 53;THENCE LEAVING SAID WEST LINE N. 87°32'11"E.ALONG SAID NORTH LINE,A
DISTANCE OF 293.26 FEET, MORE OR LESS
TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER,THENCE LEAVING SAID
NORTH LINE ALONG SAID RIVER CENTERLINE THE FOLLOWING FOUR (4) COURSES:
1) S.55°54'05"E.,A DISTANCE OF 556.29 FEET;
2)S.74°28'05"E.,,A DISTANCE OF 198.00 FEET; •
•
3)S.67°46'05"E.,A DISTANCE OF 139.00 FEET;
4)S.68°5318"E., A DISTANCE OF 282.25 FEET,TO A POINT ON THE EAST LINE OF SAID TRACT
53;
THENCE S.00°15'57"E.ALONG SAID EAST LINE,A DISTANCE OF 1,535.47 FEET;THENCE
LEAVING SAID EAST LINE N.89°44'02"W.,A DISTANCE OF 12.33 FEET;THENCE S. 00°41'12"W.,A
DISTANCE OF 97.13 FEET;THENCE S.89°18'48"E.,A DISTANCE OF 13.94 FEET,TO A POINT ON
THE EAST LINE OF SAID TRACT 53;THENCE S.00°15'57" E.ALONG SAID EAST LINE,A DISTANCE
OF 338.07 TO THE POINT OF BEGINNING.
COUNTY OF EAGLE
STATE OF COLORADO •
EXCEPTING THAT PORTION OF PROPERTY DESCRIBED IN QUIT CLAIM DEED RECORDED
SEPTEMBER 27,2013 UNDER RECEPTION NO.201319671.
EXHIBIT C
Description of Easement Area
•
•
•
ACCESS EASEMENT-EXHIBIT OF:
DRIVEWAY EASEMENT
AN EASEMENT SITUATED IN TRACT 53
. TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6th P.M.
: • COUNTY OF•EAGLE, STATE OF COLORADO • •
• • SHEET 2 OF 2
ACCESS EASEMENT DESCRIPTION. •
ATWENTY-THREE(23)FOOT WIDE ACCESS EASEMENT TRAVERSING THROUGH A PORTION OF GOVERNMENTTRACT 53 AND THE
NE 114 OF SECTION 10,TOWNSHIP 8 SOUTH RANGE 87 WEST OF THE 6TH P.M.COUNTY OF EAGLE,STATE.OF COLORADO, AND
THE PARCEL DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 28,2012 AS RECEPTION NO.201228498 OF THE EAGLE
COUNTY RECORDS;THE BASIS OF BEARING FOR THIS DESCRIPTION IS 5.00°15'57'E.,ALONG THE EAST TRACT LINE OF SAID TRACT
' 53;SAID EASEMENTBEING TWENTY THREE(23)FEET ON.EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
•
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL,THENCE S.75°44'56"W.ALONG THE SOUTHERLY BOUNDARY OF
SAID PARCEL,A DISTANCE OF 1582 FEET TO THE POINT-OF BEGINNING;THENCE LEAVING SAID BOUNDARY THE FOLLOWING
• EIGHT(8)CALLS: •
1) 15.58 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET AND A CENTRAL
ANGLE OF 11°09143",CHORD BEARS N.16°32'52"W.,A DISTANCE OF 15.56 FEET;
2) 75.95 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 210.00 FEET AND A CENTRAL ANGLE
OF 20°43'21",CHORD BEARS N.119461034W.;A DISTANCE OF 75.54 FEET;
3) N.01°24'22"W.,71.34 FEET;
4) 54.45 FEET ALONG THE ARC OA CURVE TO THE LEFT HAVING A RADIUS OF 237.00 FEET ANDA CENTRAL ANGLE OF
13°09'49",CHORD-BEARS N.07059'17"W.,A DISTANCE OF 54.33 FEET;
• 5) • N.14°34'11"W.,41.86 FEET;
6) 69.81 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF:126.00 FEET AND A CENTRAL ANGLE OF
31"44'40",CHORD BEARS N.01°18'09"E.,A DISTANCE OF 68.92 FEET; •
7) 38.49 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIUS OF 28.00 FEET AND A CENTRAL
ANGLE OF 78°45'07",CHORD BEARS N.56"33'03"E.,A DISTANCE OF 35.53 FEET;
8) S.84°04'24"E.,22.35 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL,THE POINT OF TERMINUS WHERE THE
POINT OF COMMENCEMENT BEARS 5.00°15'57"E.,A DISTANCE OF 336.79 FEET.
•
•
•
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET,SUITE A3
CARBONDALE,COLORADO 81623 • -
(970)704-0311 SOPRISENG@SOPRISENG.COM sb GRK#13005.03 2015-09-24 M:\3300dwgs\13005\PARKING PARCEL\13005 PARKING PARCEL ISP
EXHIBIT D
•
ACCESS EASEMENT anguron
DRIVEWAY EASEMENT
AN EASEMENT SITUATED IN TRACT 53
TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6th P.M.
COUNTY OF EAGLE, STATE OF COLORADO
SHEET 1 OF 2
CURVE TABLE . ..
CURVE LENGTH RADIUS TANGENT . DELTA BEARING CHORD • •
: t
0.1 15.58' 80.00' 7.82' 11'09'43" N 16'32'52"W 15.56' t.•
. .
Ca 75.95' 210.0D' 38.40' 20643'21° N iravor W 75.54' -• :.32'
_ .02'
Ca 3 54.45' 237.00' 27.35' 1309'49° N 0r59'17"W 54.33' 01111,111Vai.
•.-.
CaA .69.81' 126.00' 35.83' 31'44'40 N 01'18'09"E 68.92' , -.:11141fr POINT OF
Ca.5 38.49' 28.00' 22.98' 7845107° N 56'33'03'E 35.53' -/`, :.) -4., TERMINUS
. .•, /r'ff.E1CP=
LINE TABLE LINE 1! ...:,
LINE BEARING LENGTH I . 1
..; I
La.1 NO11417.2 .4
'W 71.34' 1 I
La 2 N1434'11°W 41.86'
La.3 58404'24"E 22.35' 1 i l• 1 .—.
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MICHAEI.&NATAUE CARRICARTE I • 1
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•
RECEPTION#: 623905, 10/06/2015 at
09:05:34 AM, Eagle County,Co 201518841
1 OF 6, R $0.00 Doc Code COVENANTS Teak J Simonton 10/05/2015
Pgs: 6 02:36:00 PM
Janice K.Vos Caudill, Pitkin County,CO REC: $36.00 DOC:$0.00
CONTRACT1_� - —
AGREEMENT AND RESTRICTIVE COVENANTS
THIS AGi . +MENT AND RESTRICTIVE COVENANTS (this "Agreement") is
made as of this 10 day of October 2015, by and between the BOARD OF COUNTY•
COMMJSSIONERS OF PITKJN COUNTY, COLORADO (the "County"), whose address is 530
E. Main Street, 3rd Floor, Aspen, Colorado 81611 and MICHAEL AND NATALIE
CARRICARTB,whose address is 315 Hook Spur Road,Basalt, Colorado 81611 ("Carricarte").
WITNESSETH
WHEREAS, the County is the owner of the real property in Eagle County, Colorado
described on Exhibit A attached hereto, and all appurtenances, improvements and fixtures
associated therewith(the"County Property");
WHEREAS,.Carricarte is the owner of the real property. in Eagle County, Colorado
described on Exhibit B attached hereto, and all appurtenances,• improvements and fixtures
associated therewith(the"Carricarte Property")and has an easement across,and the right to use,an
access road through the County Property to access the Carricarte Property(the"Access Road");and
WHEREAS, on or about October 1,2015,Carricarte sold the County Property to the
County and in connection with such sale of the County Property,Carricarte and the County agreed
that; from and after the closing, the County Property would be burdened by certain restrictive
covenants and the parties would agree on certain covenants with respect to the County Property,as
set forth in this Agreement.
•
NOW, THEREFORE, for ,ten dollars ($10.00) and other goad and sufficient
consideration, the receipt and sufficiency of which is hereby acknowledged, the County and
Carricarte hereby covenants and agrees as follows:
1. Restrictive Covenants. The County hereby agrees and declares that the County
Property shall, at all times.be subject to the following restrictions and covenants (collectively,the
"Restrictions"):
A. The County Property shall not be used for any"special events",as defined in
the Eagle County Land Use Code in effect as of the date hereof.
• B. No exterior lighting or lighting fixtures.shall be permitted upon the County
Property or in connection with any public parking area on the County
Property. . • •
C. No temporary or permanent structures over 500 square feet may be
constructed or permitted upon the County Property.
•
AGREEMENT AND RESTRICTIVE COVENANTS
THIS AGREEMENT AND RESTRICTIVE COVENANTS (this "Agreement") is
made as of this 191 day of October 2015, .by and between the BOARD OF COUNTY• -
COMMISSIONERS OF PITKIN COUNTY, COLORADO (the "County"), whose address is 530
E. Main Street, 3`d Floor, Aspen, Colorado 81611 and MICHAEL AND NATALIE
CARRICARTE,whose address is 315 Hook Spur Road,Basalt,Colorado 81611 ("Carricarte").
WITNESSETH
•
WHEREAS, the County is the owner of the real property in Eagle County, Colorado
described on Exhibit A attached hereto, and all appurtenances, improvements and fixtures
associated therewith(the"County Property");
•
WHEREAS, Carricarte is the owner of the real property in Eagle County, Colorado
described on Exhibit B attached hereto, and all appurtenances, improvements and fixtures
associated therewith (the"Carricarte Property") and has an easement across,and the right to use, an
access road through the County Property to access the Carricarte Property(the"Access Road"); and
WHEREAS, on or about October 1, 2015, Carricarte sold the County Property to the
County and in connection with such sale of the County Property, Carricarte and the County agreed
that; from and after the closing, the County Property would be burdened by certain restrictive
covenants and the parties would agree on certain covenants with respect to the County Property, as
set forth in this Agreement.
•
NOW, THEREFORE, for ten dollars ($10.00) and other good and sufficient
consideration, the receipt and sufficiency of which is hereby acknowledged, the County and
Carricarte hereby covenants and agrees as follows:
1. Restrictive Covenants. The County hereby agrees and declares that the County
Property shall, at all times, be subject to the following restrictions and covenants (collectively, the
"Restrictions"):
A. The County Property shall not be used for any"special events", as defined in
the Eagle County Land Use Code in effect as of the date hereof.
B. No exterior lighting or lighting fixtures shall be permitted upon the County
Property or in connection with any public parking area on the. County. •
Property.
C. No temporary or permanent structures over 500 square feet may be
constructed or permitted upon the County Property.
•
D. No camping or overnight parking shall be permitted upon the County •
Property.
•
2. Ditches and Waterways. The County understands and acknowledges that certain
ditches and waterways traverse the County Property and benefit the Carricarte Property. The
County hereby covenants and agrees that,it shall not disturb, or permit the disturbance of, any
ditches or waterways that exist on or under the County Property and shall not take any action that
would affect or alter any water flowing through the County Property to the Carricarte Property.
The County further agrees that any water rights held by Carricarte, or appurtenant to the
Carricarte Property, shall be senior in priority to any water rights appurtenant to the County
Property.
•
3. . 'Snow Removal. At such time as Carricarte (or any successor owner of the Carricarte
Property) constructs a new building on the southern portion of the Carricarte Property and uses
the Access Road as primary access to such new building, Carricarte (or any successor owner of
the Carricarte Property) shall be responsible for the plowing and removal of snow on the Access
Road. Carricarte and County agree that Carricarte assumes all obligations and responsibilities
and County assumes no obligations or responsibilities under Article 3(a) of the Easement and
Agreement deed dated November 28, 2012, recorded in the records of the Eagle County Clerk
and Recorders Office on 01/18/2013,under.Reception number 201301168.
4. Run with Land. The Restrictions and this Agreement shall run with title to the County
Property and the Carricarte Property forever, and the Restrictions shall burden the County
Property forever. Any future conveyances of the County Property shall be subject to the
Restrictions. Invalidation of any covenant or restriction contained herein shall not affect the
remaining conditions,which shall remain in full force and effect.
5. Recording. This Agreement shall be recorded in the real property records of Eagle
County, Colorado.
6. Enforcement. The terms and conditions of this Agreement may be enforced by either
party hereto, and the Restrictions may be enforced against the County Property by Carricarte or
any successor owner of the Carricarte Property.
7. Modification. This Agreement may not be modified, amended or released without the
express written consent of the owner of the Carricarte Property and the County Property and in
no event shall the Restrictions be amended or released without the express written consent of the
owner of the Carricarte Property.
8. Attorneys' Fees and Costs. If any dispute arises under, or relates to, enforcement of this
Agreement and/or the Restrictions, then the prevailing party in such dispute shall be entitled to
receive from the non-prevailing party,in addition to any other remedies awarded by the court, an
award in the amount of their reasonable attorneys' fees and costs incurred in such dispute,
including any appeals resulting therefrom.
• 2
9. Notices. All notices, offers, acceptance and any other acts under this Agreement (except
payment) shall be in writing, and shall be sufficiently given if delivered to the addressees in person,
by Federal Express or similar overnight delivery, or by email delivery followed by Federal Express
or similar next business day delivery, as first set forth above or to such other address as either of
them, by notice to the other may designate in writing from time to time. The transmission
confirmation receipt from the sender's email shall be evidence of successful delivery. Time shall
be counted to,or from, as the case may be,the delivery in person or by mailing.
10. Further Assurances. Each of the parties agree to execute, acknowledge, deliver,file and
record, or cause to be executed, acknowledged, delivered, filed and recorded such further
instruments and documents and such certificates, and to do all things and acts as the other party
•
may reasonably require in order to carry out the intentions of this Agreement.
11. Counterparts. This Agreement (or any amendments, modifications or extensions
hereof) may be executed in several counterparts and, after execution and as executed, shall
constitute an agreement binding on all of the parties, notwithstanding that all of the parties are
not signatories tosthe original or the same counterpart.
• [Signature page follows]
•
3
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and
year above first written.
THE COUNTY: C• 11 ART!: •
•
BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY,COLORADO Mi _carte
Name: 5 Al F. calj Natalie Carricarte
Title: c_ko, 4r-a"a en
•
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
c, e,,r
The foregoinA inAtruinent was acknowledged before me this \5/-day of Steer,
2015, by 5cRiti QST 11 as C n i for BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO.
WITNESS MY hand and official seal.
Mreerniftissietrevires: •
JANE A.ACHEY
NOTARY PUBLIC
STATE OF COLORADO _. 11 . Ja
NOTARY ID#19954006967 Ot• Public
MY COMMISSION EXPIRES AUGUST 04.2019
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this l day of
.SeptefflIzter712011,by Michael Carricarte and Natalie Carricarte.
CCA-p iasz-r'' l, 2-6 IS
WITNESS MY hand and official seal.
My Commission expires: U IOU 11-01
LAURIE J. CRUZ-POTTER mow £ ,
,NOTARY�'l3Rt iC Notary Pug '
STATE Of COLORADO
NOTARY iD 20054036483
illlY COMMISSION EXPIRES 1110412017
4
•
•
•
•
•
•
•
EXHIBIT A
•
•
LOT2,
ACCORDING TO THE EXEMPTION PLAT OF CARRICARTE PROPERTY RECORDED SEPTEMBER 29,2015 AS RECEPTION
NO.201518325.
•
•
•
A PARCEL OF LAND BEING APORTION OF GOVERNMENT TRACT 53 LYING IN THE NE1/4 OF SECTION 10,TOWNSHIP 8
SOUTH,RANGE 87 WEST OF THE 6TH P.M.,COUNTY OF EAGLE,STATE OF COLORADO,SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ON APOINT ON THE SOUTHERLY BOUNDARY OF SAID PROPERTY,WHENCE ANGLE POINT NO.4 OF SAID
TRACT 53 BEARS S 00°15'57"E,A DISTANCE OF 393.45 FEET;THENCE ALONG THE BOUNDARY OF SAID PROPERTY AND
EAST LINE OF SAID TRACT N 00°15'57"W,A DISTANCE OF 321.79 FEET;THENCE LEAVING SAID BOUNDARY S 51°55'16"
W,A DISTANCE OF 276.98 FEET TO A POINT ON SAID BOUNDARY;THENCE ALONG SAID BOUNDARY THE FOLLOWING
THREE(3)COURSES:
1.S 37°50'49"E 166.72 FEET;
2.91.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT,RADIUS OF 79.32 FEET,INCLUDED ANGLE OF 66°24'15",
(CHORD S.71°02'56"E,86.87 FEET); •
3.N 75°44'56"E 36.18 FEET TO THE POINT OF BEGINNING. •
COUNTY OF EAGLE •
STATE OF COLORADO -
•
•
•
EXHIBIT B •
Description of the Carricarte Property •
•
A tract of land being situated in Government Tract 53,being a portion of the SE1/4 of
Section 3,the NW1/4 of Section 11 and the NE1/4 of Section 10,Township 8 South, .
Range 87 West of the 6th P.M., County of Eagle,State of Colorado,said tract of land
being more particularly described as follows: .
•
Beginning at a point on the East line of said Tract 53 from which the witness corner for
AP4 of said Tract 53 bears S0O° 12'00"E 393.17 feet.and N89°53'00"E 17.16 feet,said
witness corner being a 3"USGLO Brass Cap on a 1" iron pipe;thence departing said east
. line and along the northerly right of way line for Hooks Spur Road as described in
Document:recorded under Reception No. 141670 of the records of said County the •
following five (5)courses:
1) S75°47'25"W 34.78 feet;
2)91.94 feet along the arc of a curve to the right having a radius of 79.32 feet,a central
angle of 66°24'30"and a chord which bears N71°00'26"W 86.88 feet;
3) N37°48'20"W 1607.81 feet;
4) 84.08 feet along the arc of a curve to the left having a radius of 382.50 feet, a central
angle of 12°35'38"and a chord which bears N44°06'09"W 83.91 feet;
5) N50°23'57"W 86.23 feet to intersect the northerly right of way line of the Old.Denver
and Rio Grande Western Railroad Right of Way;
• thence N37°48'15"W 185.00 feet along said northerly right of way line to intersect the
west line of said Tract 53;
thence along said west line N00°21'03"W 929.44 feet to the north line of said Tract 53; •
thence along said north line N87°38'23"E 292.15 feet to the centerline of the Roaring Fork •
River as located by survey in
September,.1998;
•
thence along said river centerline the following four(4)courses:
1)S55°50'10"E 557.45 feet;
• 2) S74°24'10"E 198.00 feet;
3)S67°42'10"E 139.00 feet;
• 4)S68°49'23"E 285.26 feet to the east line of said Tract 53; •
thence along said east line S00°12'00"E 1535.47 feet;
thence departing said east line N89°40'06"W 12.33 feet; •
thence S00°45'08"W 97.13 feet;
thence S89°14'52"E 13.94 feet to the east line of said Tract 53;
thence along said east lineS00°12'00"E 338.14 feet to the Point of Beginning.
•
LESS AND EXCEPT all that property conveyed to the County of Eagle, State of Colorado •
by Quit Claim Deed recorded September 27,2013 as Reception No.201319671 and the
Property described in Exhibit A hereof.
COUNTY OF EAGLE .
STATE OF COLORADO
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