HomeMy WebLinkAbout20040596.tiff 00-11-2003 10:00am From-LTG-FT COLLINS S(Utu4Uooc o
•
2555362 8-1613 P-579 06/27/1997 02:12P PC 1 Or 1 REC DOC P
�' Witte-Cbuncy CO JA Suki Tsukamoto Clerk h Recorder 6,00
QUITCLAIM DEED
THIS DEED Made tr iss la 162 of Sates
Ave 19 Aurora,
between Willem o Drier and hoe
L- ent
Dxnler whose legal address b 1 E.Betas Avenue,Apt.410,Aurpm,of the Courtly of Arapahos
and the State of Colorado,grantors,and Von L Currier.Trustee of he Vera L.Dumler Living That and
William E.Dumler,Trustee of 1he Wttem E.Dumler Living'NM as tenanm In common whole legal address
is 13626 E Bates Avenue, Apt.410,Aurora,of the County of Arapahoe and the State of Colorado,
grantees.
WITNESSE D1,-th et.t he-ammo rs,.for and.in.consideratlon.ol.the-sum-ofTan-Dollars;the-receipt
and sufficiency of which is hereby acknowledged,have remised,released sold and QUITCLAIMED,and
by these presents do remise,release,sell and QUITCLAIM unto the grantees, their hairs,auaeaeora and
assigns.forever,all the right,title,Interest,claim and demand which the grantors have in and to the real
property,together whit Improvements,if any,situate,tying and being in the County of Weld and the Slate
of Colorado,deserted as follows:
SE-1/4 of Sealants,Township 8 North,Range 66 West of the alt P.M.
Containing 160 domes more or lees.
assessor's schedule or pmcel number.
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and
pdvlbges thereunto belonging or In any wise thereunto appertaining, and all the estate, right, title,
Interest and claim whatsoever,of the grantors,ether In law or in equity,to the only proper use benefit and
hellcat of the grantees.their halts and assigns forever.
IN WITNESS WHEREOF,the grardora have executed this deed on the date set forth above.
77'�l/
fNJfic nits t-�vr7. g.S---." 1.11r-a_ x' .vv%rrti6av
William E.Dialler Vent L Dumb*
STATEOFCOLORADO
COUNTY OF BOULDER
The fpregoing instrument was acknowledged before me this r /�, day of
Clev,ter .1906 by Wilfsan E.Dumler/ and Vera L Dumler.
My commission expires: 7113/9/
Wanes my hand and official seal.
c 'eK:"eatri1 11. anor_
Notary Public
NOTARY ak
PUBLIC.-o
•)a,
9F OF C01.OPt.
'aa.•r,.r..r•
SKLD LG 172 . 20 . 16 . 91 WE 2555362-1997 . 001
2004-0596
07-51-2003 01:48pm From—LTG—FT COLLINS 8702040652 T-873 P.002/007 r-5ro
II1111111111(11111III111111111111 il1lt III 111111111 IIII certain colored"-Ms r:-,r .
3046212 03/2612003 11:49A Weld County, CO
1 of 6 R 31.00 0 0.00 Steve Moreno Clerk&Recorder
ASSIGNMENT OF LEASE
212 This Assignment of Lease("Assignment")is made as of the 25th day of February.2003
by and between REGENT BROADCASTING OF FT. COLLINS,INC.,a Delaware
corporation("Assignee"),and NORTHERN COLORADO RADIO,INC.,a Virginia
corporation("Assignor").
1. Recitals. This Assignment is made with reference to the following facts and
objectives:
(a) Assignor is a party to a lease by and between Assignor and William E.
Dumler and Vera L. Dumler(collectively,"Landlord") dated April 1, 1975,which is recorded at
reception no. 02060487 of the Weld County Records, as amended by a Supplement and
Agreement to Lease, dated as of November 10, 1994, and by a Second Amendment to Lease,
(e. dated as of April 8, 1995 (the "Lease"),both of which are recorded at reception no. 2435722 of
Ci the Weld County Records, pursuant to which Landlord leases to Assignor and Assignor leases
from Landlord certain land on which Assignor presently maintains a radio broadcasting tower,
transmitter building and driveway for use in connection with radio station KUAD-FM, licensed
to Windsor, Colorado(the"Premises"). A description of the Premises is attached as Exhibit"A"
hereto and incorporated herein.
(b) Effective upon the consummation of the purchase by Assignee of radio
astation KURD-FM(the "Station")owned by Assignor pursuant to an Asset Purchase Agreement
dated August 22, 2002 (the "Purchase Agreement"), certain properties and assets pertaining to
the Station will be owned by Assignee. As a result of the transactions described in this
fCiS� paragraph,the Lease will be assigned by Assignor to Assignee.
V V (c) Assignor desires to assign all its right, title, and interest in the Lease to
Assignee,and Assignee desires to assume the Lease.
(d) Assignor acknowledges that Assignee will,and is authorized and entitled to,
rely upon the representations made herein.
2. Effective Date of Assignment. The assignment contemplated herein shall be
effective upon the consummation of the purchase by Assignee of the Station from Assignor(the
"Assignment Date"), which is expected to be on or about February 25, 2003 and Assignor shall
deliver possession of the Premises to Assignee on the Assignment Date.
3. Assignment and Assumption. Assignor hereby sells, assigns, transfers and
delegates to Assignee all its right, title, and interest in the Lease. Assignee hereby accepts the
assignment and assumes and agrees to pay, perform, observe, and discharge, from and after the
Assignment Date, all of the duties,covenants, conditions, and obligations of the lessee under the
Lease which originate on or after the Assignment Date.
SKLD LG 172 .20 . 16 . 102 WE 3045212-2003 . 001
07-31-2003 01:48pm From-LTG-FT COLLINS.. 8702040652 T-873 P.003/007 F-575
111111 Ili 111111111111111 �d 111111111 Ilil
3045212 0312612003 11:L9A Wald County. CO
2 0l 5 R 31.00 O 0.00 Stave Moreno Clark d Recorder
4. Purchase Agreement. Nothing contained in this Assignment shall be deemed to
supersede any of the rights, obligations, agreements, covenants, representations or warranties of
any of the parties hereto contained in the Purchase Agreement.
5. Counterparts. This Assignment may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which when taken together shall constitute
one and the same instrument.
6. Choice of Law/Survival of Provisions. This Assignment and the representations
made herein shall be governed by the laws of the State of Delaware and are binding upon and
inure to the benefit of Assignee and Lessor and their respective successors and assigns and to no
other persons or entities.
Signatures on page following
•
2
SKLD LG 172 .20 .16 .102 WE 3045212-2003 . 002
07-31-2003 01 :49pm From-LTG-FT COLLINS 8702040652 T-873 P.004/007 r-bib
�—.
1 111111 11111 1111111 11111 III 1111111111 III 1111 1111 1111
3085212 03128/!003 11:49A Weld County. CO
3 of 8 R 31.00 D 0,00 Steve Moreno Clerk A Recorder •
.----
Witness: REGENT BROADCASTING OF FT.
rr COLLINS,INC.
fitn.a.U.�fi -C /^‘+ By:
Printed Name: GI . I: —. G,h-<'r
Name: •-rlikr 5 . 4c. 5-
Pr' d ame: 7esarE,1 5711-r,.r/vr i Its: C1,;¢C. 1..sC--c• ot(,_e(
Witness: NORTHERN COLORADO
RADIO,INC.
By:
Printed Name: Name: Anthony H.N. Schnelling
Title: Bankruptcy Administrative
Officer
Printed Name:
COMMONWEALTH OF KENTUCKY)
):SS
COUNTY OF t.2n4`r` )
The foregoing instrument was acknowledged before me this t' ' day of P^eb. , 2003 by
Ter iN S S.•Tar S ,the Ct ;tF tie C. ObQ¢( of Regent Broadcasting of Ft. Collins, Inc.,a Delaware
corporation,on behalf of the corporation.
y
on' , JUDITH T.STANCEL u .' .Lj ...9,'a r,. notapMNPublie
� Mylbmrtddai kl*1S egtneer71,11006 My Commission expires on: SI I,/o(
STA OF )
): SS
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 2003
by Anthony H. N. Schnelling, Bankruptcy Administrative Officer of Northern Colorado Radio,
Inc„a Virginia corporation.
Notary Public
My Commission expires on:
3
SKLD LG 172 . 20 . 16 . 102 WE 3045212-2003 . 003
07-51-2003 01:49pm From-LTG-FT COLLINS 8702040652 T-873 P 005/007 F—b(b
11110 lull Ill IIIII IIIII Ill l IIIII 01 11111 IIII till
3345212 03128/2003 11:49A Weld County, CO
4 of 5 R 31.00 D 0.00 Steve Morello Clerk& Recorder
'- Witness: REGENT BROADCASTING OF FT.
COLLINS,INC.
By:
Printed Name:
Name:
Printed Name: Its:
Witness: TB3ERN COLORADO
O INC. _
Printed Nam �i(ins4" ame: Anthon H.N. Schnelling
Title: Bankrup y Administrative
Officer
Prin Namfe:0 -Ter% fl ro„-r✓
COMMONWEALTH OF KENTUCKY)
): SS
COUNTY OF ) '
The foregoing instrument was acknowledged before me this _ day of 2003 by
,the of Regent Broadcasting of Ft.Collins,Inc.,a Delaware
corporation,on behalf of the corporation.
Notary Public
My Commission expires on: _
STATE OF )
): SS
COUNTY OF II )
The foregoing ins ent was acknowledged before me this day of t-ce.0 , 2003
by Anthony H. N. Schnelling, Bankruptcy Administrative Officer of Northern Colorado Radio,
Inc.,a Virginia corporation.
� i --
` No Public ?��)�
F' zyrEPHANT OLEA Eolith,, My Commission expires on: I�J/W
.,..)NOTARY PN9UC-;;5:p•... 2
My e°
— 3
SKLD LG 172 .20 . 16 . 102 WE 3045212-2003 . 004
0T-31-2003 01:49pm From-LTG-FT COLLINS 9702040652 T-B73 P.006/00T F-575
1 11111111111 11111111111111111 1111111111111111 HI 1111
3045212 03/2612003 11.49A Weld County, CO
�5 et S R 31.00 D 0.00 Steve Moreno Clerk A Recorder
This document prepared
in its unexcated forth by:
Christine E.Oliver.Esq.
Graydon Head 8:Ritchey LLP
1900 Filth Third Center
511 Walnut Street
Cincinnati,Ohio 45202
CN-Lm:32a1932
4
SKLD LG 172 . 20 . 16 . 102 WE 3045212-2003 . 005
07-31-2003 01 :49pm From-LTG-FT COLLINS a(U U4000L 1—"ic r.uu, OUi I -i..
1111111111111111111111111111111111ur
I l e r f ilimmiIII!111
3035212 03/2612003 11:49A Weld County, CO
6 of 6 R 31.00 0 0.00 Steve Moreno Clerk& Recorder
EXHIBIT A
A TRACT OP LAND LOCATED SN ram SOirritrA8T MAR= or 9lc',rlow 19, TOWNSHIP I MATE, RANGE
66 WEST OF THE 6TH P.M.. MELD COUNTY, COLORADO. AND EE37Wi MORN PARTZCUTARLY DESCRIBED AS
ROLLO}S;
ccnelerao AT TEE SOOTHLAST ocHNEE OP SAID SECTION 19 AND CCC6ZDeRI NO TEE SOUTH LINE or
SAID SOUTHEAST COMRTER TO REAR ROUTE 90'00'00• MIST, AND NTTH ALL OTUNE EEAflNOS
CONTAINED INEEIN RELATIVE THERETO;
norm SOUTH 90.00'00" WEST, 1216 PRET ALONO SAID SOUTH LINE;
THENCE RORTE 00•00'Oo" EAST, 104.2B MT To ass nor POINT or rsorronR3;
TROTS WORTH 40'10.10• MRET, 820.74 PENT,
TfIDIC'E WORTS 90'00.00" WEST. 77.70 FEET,
TEARS Wmr 'H 00'00'00' EAST, 33.20 SERI TO A •P0E1T A";
TMIDNCE SOUTH 71'25'40" WEST, 147.16 FEET;
now= SOUIn 16'34'20• NAST, 10.00 FEET:
TEEM= SMITH 71'15.40" WEST, 300.00 Marl
THENCE WORTS 18.34.20' WEST. 20.00 SUET,
=OrCR NORTH 71"25.40" EAST, 300.00 FEET;
THEriCE acorn 18.54'70' EaaT, 10.00 FEET;
THENCE METE 71.25.40• EAST. 147.25 MOST E2TURNINO TO SAID "POINT A•;
MIENCZ WORTH 00.00'00" EAST. 36.3S PEET;
THENCE NOR= 48.10'00• WEST, 25.55 PEST;
T100ACE min 11.36.30' FAST. 747.88 FRET,
TEDCZ METE 90'00.00" EAST. SST.B0 FEET;
Timms SOUTH 00.00'00" EAST. 1386.59 PERT TO ISM TRUE POINT OF EEOINWINO.
COUNTY OP WELD. STATE OF COLORADO.
5
SKLD LG 172 . 20 . 16. 102 WE 3045212-2003 . 006
Mar-19-0i • 11 :42 From-GRAYD0N HEAD'-""ICHEY LLP T-829 P.002 F-1 I9
• NCR-13
j`liffiL,
aR243S72Z 2435722 B-14S9 F-311 04/26/95 03 :32P PO 1 OF 22 REC DOC
Weld County CO Clerk & Recorder 110.00
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE, dated this day of
1995, by and between WILLIAM E, DUIv1LER and VERA L. DUMLER (the " essor") and
NORTHERN COLORADO RADIO, INC., a Virginia corporation (the "Lessee"), recites and
provides as follows:
RECITALS.
Pursuant to a Lease Agreement dated April 1, 1975 between the Lessor and Wells-
Tennessen Tower Company, a Colorado general partnership (the "Assignor") and recorded
on July 11, 1.986 in Book 1119 at Reception No. 02060487 of the records of the Clerk and
Recorder of Weld County, Colorado (the "Weld County Recorder") (the "Original Lease"),
the Lessor leased to the Assignor a sixteen (16) acre tract of land situated in. the Southeast
Quarter of Section Nineteen (19), Township Eight (8) North, Range sixty-six (66), West of
the 6th P.M. in Weld County, Colorado (the "Premises") for the installation and operation of
a 600 foot communications transmission tower with building for control equipment (the.
"Transmission Facilities"). The Transmission Facilities were required to be located on no
more than two (2) acres within the Premises (the "Tower Site"). The term of the Original
Lease, was extended until April 1, 2005 (the "Term ") under the provisions of a Lease
Extension Agreement between the Lessor and the Assignor dated May 10, 1993, a'copy of
which is attached hereto as Exhibit A (the "Extension Agreement"), and the Lease was
amended by a Supplement and Amendment to Lease between the Lessor and the Assignor
dated November 10, 1994, a copy of which is attached hereto as Exhibit B (the "First
Amendment"). As used herein, the "Lease" shall mean the Original Lease as extended and
amended by the Extension Agreement and the First Amendment.
The Assignor has agreed to assign all of its rights, title and interest in, to and arising
from the Lease and the Transmission Facilities to the Lessee pursuant to.the terms of a
Purchase and Sale Agreement dated November 11, 1994 by and between the Assignor and
Denver Television, Inc. ("DTI"), as modified by a Notice of Election to Purchase last
executed by the Lessee and the Assignor on , 1995 (the "Purchase Agreement").
The Lessee has agreed to purchase the Lease and the Transmission Facilities and all rights
and benefits relating thereto from the Assignor.in accordance with the terms of the Purchase
Agreement provided, among other things, that the Lessor executes and delivers this Second
Amendment. •
AMENDMENT. •
NOW, THEREFORE, for and in consideration of the premises, Ten Dollars ($10.00)
cash in hand paid and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Consent to Assignment. The Lessor consents to the assignment of the Lease by
the Assignor to the Lessee upon the terms and conditions set forth herein, and the Lessee
Mar-23-01,i 11 :42 From-GRAYDON HEAra‘'ICHEY LLP T-829 P.003 F-110
•
2435722 B-1489 P-311 04/26/95 03: 32P PG 2 OF 22
agrees to perform all of the obligations of the Assignor under the terms of the Lease, as
modified herein, arising on and after the daze hereof. The Assignor is hereby released from
all liability arising under the Lase on and after the date hereof.
2. Renewal O tQ ions, The Lessee shall have the option ("Renewal Option") to renew
the Term of the Lease for two (2) successive ten year periods (the "Renewal Periods"), the
first Renewal Option exercisable by giving written notice of the exercise of such option to
the Lessor at least ninety (90) days before April 1, 2005. and the second Renewal Option
exercisable by giving written notice of the exercise of such option to the Lessor at least
ninety (90) days before April 1, 2015.
3: Rental Consideration. Section Three of the Original Lease entitled "Rent" and
paragraph 2 of the Extension Agreement are hereby deleted in their entirety, and the Lessee
hereby agrees to pay the following rental consideration for the Premises to the Lessor as
follows commencing on the date hereof:
a. Lump-sum. Upon the Closing of the Purchase Agreement, the Lessee shall
deliver to the Lessor the sum of Two Thousand and 00/00 Dollars ($2,000.00).
b. Monthly for the Remainder of the Term. Beginning on the first day of the
month immediately following the month in which the Closing of the Purchase Agreement
occurs, the rent owed under the Lease shall increase to Two Hundred and 00/100 Dollars
($200.00) per month for each month through and including March 2005. In the alternative,
the Lessee may prepay rent on an annual basis by paying to the Lessor on any annual. basis
during such period the sum of Two Thousand Two Hundred and 00/100 Dollars ($2,200.00).
c. First Renewal Option. The Lessee shall pay the Lessor base rent monthly
on the first (1st) day of each month during the first Renewal Period in an amount equal to
the sum of Three Hundred and 00/100 Dollars ($300.00).
d. Second Renewal Option. The Lessee shall pay the Lessor base rent
monthly on the first (1st) day of each month during the second Renewal Period in an amount
equal to the sum of Four Hundred and 00/100 Dollars ($400.00).
e. Cost of Living Adjustments During the Renewal Options. At the beginning
of each Renewal Period, the total monthly rent for each month during such Renewal Period
shall be determined by adjusting the base rents described in subparagraphs c and d above to
reflect the total cost of living change over the prior ten (10) year period, unless the cost of
.living change over the prior ten (10) period decreases, in which case no adjustment shall be
made for the ensuing ten (10) yeas period. The base rent for the Renewal Period shall be
multiplied by the same percentage as the total percentage change in the cost of living average
for the previous ten (10) year period of the Lease, as.modified herein, as reflected by the
"All-Items Figures" set forth in the "Revised Consumer Price Index — Cities (1982-84 =
100) =- All-Item Figures for All Urban Consumers" published by the United States
2
Mar-25-03 11:42 From-GRAYD0N HEAD'MCHEY LLP 1-820 P.004 F-110
•
2435722 6-1489 F-311 04/26/95 03:32P PC 3 OF 22
Department of Labor, Bureau of Labor Statistics, compounded annually. That product shall
then be added to the base rent for the applicable Renewal Period for the total rent owed each
month during such period. If said index is not published throughout the continuance of the
Term and any of the Renewal Periods, if any, then another index generally recognized as
authoritative shall be selected by the Lessor and applied.
f. Rental Consideration from Existing Users: The Assignor has granted the
right to use the Transmission Facilities to three entities in addition CO the Lessee (the
"Existing Users"). The Existing Users, along with a description of their applicable licenses
from the Assignor, are more fully described on Exhibit attached hereto and by this
reference incorporated herein.
During the Term hereof and any Renewal Period, the Lessee shall pay the
Lessor twenty percent (20%) of any increase in the gross amount actually received by the
Lessee as rental or fees from the Existing Users under their current agreements or any
amendments or extensions thereto over the amount of such rentals or fees in effect as of the
date of this Second Amendment. Any amount due hereunder shall be payable to the Lessor
monthly on or before the twentieth (20th) day of each month commencing on the twentieth
(20th) day of the month next succeeding the date hereof, This rental obligation shall only
apply to an increase in rentals or fees and not to any increase which is due because of an
increase in the Lessee's expenses for fire, extended coverage, liability insurance or utilities
as may be provided in the agreement. This provision shall not pertain to any amounts
received as rental arising from the Lessee's own broadcast operations. The Lessor may,
upon reasonable request and with at least ten (10) business days' prior notice to the Lessee,
inspect the books and records of the Lessee solely with respect to the rentals and other fees
received by the Lessee from the Existing Users.
g. Rental Consideration from New Licensees. In addition to the monthly
rentals described above, the Lessee shall pay the Lessor as additional rent twenty percent
(20%) of all gross rents or fees actually received by the Lessee from all new license or rental
agreements of the Transmission Facilities granted after the date of this Amendment, with the
exception of any license or rental agreement pertaining to the Lessee's own broadcast
operations. The Lessee is under no obligation to grant additional license or rental
agreements. Any amount due hereunder shall be payable to the Lessor monthly on or before
the twentieth (20th) day of each month commencing on the twentieth (20th) day of the month
next succeeding the date hereof. The Lessor may, upon reasonable request and with at least
ten (10) business days' prior notice to the Lessee, inspect the books and records of the
Lessee solely with respect to the rentals and other fees received by the Lessee from such new
licensees.
4. Right of Ingress and Egress. Notwithstanding anything contained in the Lease as
amended to the contrary, the Lessee shall have the right of ingress and egress to and from
_the Premises and the Transmission Facilities for access to a public road on, over and across
the property of the Lessor adjoining the Premises by means of the road historically and
3
Mar-25-03, 11:43 From-GRAYDON HEAD1"RICHEY LLP T-829 P.005/054 F-118
•
2435722 H-1489 P-311 04/26/95 03 :32P PG 4 Or 22
currently used for access to the Transmission Facilities from Weld County Road 90 or any
similarly convenient access hereafter created by the Lessor or other user of such adjoi ing
property after notice to the Lessee.
5. Lessor's Right of First Refusal. In the event that the Lessee desires to sell the
Transmission Facilities and/or assign its rights under the Lease as amended herein to any
party other than the Station Purchaser (hereinafter defined), upon receipt of a written offer to
purchase (the "Offer"), the Lessee shall promptly deliver a copy of the Offer to the Lessor
•
who shall have thirty (30) days in which to notify the Lessee that it will purchase or receive
assignment of the Transmission Facilities on the same terms and conditions as those contained in the Offer. If the Lessor notifies the Lessee within such thirty (30) day period,
the purchase and/or assignment shall close no later than ninety (90) days after the Lessee
receives such notice. In the event the Lessor does not so notify the Lessee within such thirty
(30) day period, the Lessee shall have the right to sell the Transmission Facilities and assign
the Lease; as amended, to the offeror on the terms and conditions contained in the Offer
subject to the provisions of paragraph 11 herein. Upon the closing of the transaction
described in the Offer with the offeror, the Lessee shall pay to the Lessor ten percent (10%)
of the gross proceeds of such sale and assignment.
6. Lessee's Right of First Refusal. Section Fifteen of the Lease entitled "Right of
First,Refusal" is hereby deleted in its entirety.
7. Abandonment of Transmission Facilities. If during the Term or the period of any
Renewal Option, the Lessee desires to abandon the Transmission Facilities, it shall notify the
Lessor of such desire to abandon not less than sixty (60) days prior to the date it desires to
abandon the Transmission Facilities. Upon receipt of notice of such desire to abandon, the
Lessor shall have thirty (30) days to notify the Lessee whether the Lessor shall accept such
abandonment. If the Lessor agrees to accept such abandonment, the Transmission Facilities
shall become the property and full responsibility of Lessor, subject to any operating
agreement in effect between Lessee and the owner/operator of the adjoining tower, and in
such event, the Lessee shall have no continuing obligations under the Lease as it may be
amended from time to time. If the Lessor refuses to accept such abandonment, the Lessee
shall continue to remain obligated under the terms of the Lease as then in full force and
effect until the end of the Term or the Renewal Period then in effect.
8. Environmental Protection - Lessee. Lessee agrees to comply with any and all
reasonable rules winch may be imposed at any time during the Term and any renewal thereof
by Lessor's insurance company regarding the amelioration of risk posed by electromagnetic
rays and/or fields as well as to comply with any and all rules, regulations and laws which
may be applicable to Lessee at any time during the Term and any renewal thereof pertaining
to electromagnetic rays and/or fields.
For purposes of the Lease, as amended, the term "Hazardous Substance" shall mean
any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially
4
Mar-25-03 , 11 :43 From-GRAYDON HEADr'ICHEY LLP T-829 P.006/054 F-116
2435722 B-1489 P-311 04/26/95 03:32P PG 5 OF 22
dangerous substance, noxious substance, toxic substance, chemical, flammable,
los�ae
radioactive material, urea formaldehyde foam insulation, asbestos, PCB, petroleum,
oil, or any fraction thereof, or any ocher substances, the removal of which is required, or the
manufacture, preparation, production, generation, use, maintenance, treatment, storage,
transfer, handling or ownership of which is restricted, prohibited, regulated or penalized by
any federal, state, county or municipal statutes, laws, ordinances, rules or regulations now,
or at any time hereafter, in effect, including, but not limited to, the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601, et seq.), the
Hazardous Materials Transportation Act (49 U.S.C. §§ 1801, et seq.), the Solid Waste
Disposal Act of 1965 as amended by the Resource Conservation and Recovery Act of 1976
(42 U.S.C. §§ 6901, et seq.), the Solid Waste Amendments of 1984; the Superfund
Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act (33
U.S.C. §§ 1251, et seq.), the Clean Air Act (42 U.S.C. §§ 7401, et seq.), the Toxic
Substances Control Act (15 U.S_C. §§ 651, et seq.), as these laws have been and may be
amended and supplemented from time to time (all of the above federal, state, county or
municipal statutes, laws, ordinances, rules or regulations now, or at any time hereafter, in
effect being referred to collectively herein as the "Environmental Laws.").
Lessee shall not cause or permit to occur (a) any violation of any of the
Environmental Laws in connection with the Lease, as amended, or Lessee's use and
occupancy of the Premises; or (b) the use of the Premises, or any part thereof, to either
directly or indirectly prepare, produce, generate, release, manufacture, refine, treat,
transport, store, maintain, handle, dispose of, transfer or process any Hazardous Substance.
Lessee shall defend and hold Lessor harmless from all fines, suits, procedures, claims
and actions of every kind, and all costs associated therewith (including attorney and
consulting fees), arising out of, or in any way connected with, breach by Lessee of any of its
undertakings, representations or warranties set forth in this paragraph 8 with respect to
electromagnetic rays and/or fields, Hazardous Substances and the Environmental Laws. This
obligation to defend and hold Lessor harmless shall survive the termination or expiration of
the Lease, as amended.
Lessee covenants and warrants as of the date of this Lease Agreement that Lessee has
no actual knowledge of any Hazardous Substances contained on the Premises or of violations
of any Environmental Laws relating to the Premises.
9. Envirotunental Protection - Lessor. Lessor agrees to comply with any and all
reasonable rules which may be imposed at any time during the Term and any renewal thereof
by Lessee's insurance company regarding the amelioration of risk posed by and laws
`maW�tticc .
rays and/or fields, as well as to comply with any and all rules, regulations,
may be applicable to Lessor at any time during the term of this Lease Agreement pertaining
to electromagnetic rays and/or fields.
'Lessor shall not cause or permit to occur: (a) any violation of any the Environmental
5
Mar-23-03 , 11:43 From-GRAYDON HEAD' 'ICHEY LLP 1-829 P.007/054 F-1I9
r
2435722 B-1439 P-311 04/26/95 03: 32P PG 6 OF 22
Laws in connection with the Lease, as amended, or Lessor's use and occupancy of the
Premises; or (b) the use of the Premises or any part thereof, to either directly or indirectly
prepare, produce, generate, release. manufacture, refine, treat, transport, store, maintain,
handle, dispose of, transfer, or process any Hazardous Substance.
Lessor shall defend and hold Lessee harmless from all fines suits, procedures, claims
and actions of every kind, and all costs associated r with therewith (including
breach gb attorney
tto e of any of its
d
consulting fees), arising out of or in arty way •
undertakings, representations or warranties set forth in this paragraph.9 with respect to
electromagnetic rays and/or fields, Hazardous Substances and the Environmental Laws. This
obligation to defend and hold Lessee harmless shall survive the termination or expiration of
the Lease, as amended.
Lessor covenants and warrants as of the date of this Lease Agreement that Lessor has
no actual knowledge of any Hazardous Substances contained on the Premises or of violations
of any Environmental Laws relating to the Premises.
10. Mort a e or Other Encumbrance. In substitution for Section Eight of the Lease
entitled "Encumbrance of Lessee's Leasehold Interest", the parties agree that the Lessee may
freely encumber by mortgage, deed of trust or other proper instrument its leasehold interest
and estate in the Premises, together with its interest in all buildings and improvements
thereon, without the Lessor's consent. However, the Lessee shall provide the Lessor written
notice of any such transaction together with copies of all related documents. In such event,
the Lease as modified herein shall not be further modified.without the written consent of the
leasehold mortgagee or beneficiary. The execution of any such mortgage, deed of trust or
other instrument or exercise of any right, power or privilege thereunder, shall not be held as
a violation of any of the terms or conditions of the Lease as amended herein or as an
assumption by the holder of such indebtedness personally of the obligations hereof. No such
encumbrance, foreclosure, conveyance or exercise of right shall relieve the Lessee of its
liability hereunder. A leasehold mortgagee or beneficiary shall be provided notice of any
default and given thirty (30) days from such notice to cure the default. In the event there is
more than one leasehold mortgagee or beneficiary, all of them collectively ha
shall
be entitled to
one thirty (30) day period within which to cure, and such thirty (30) day period
run
concurrently with any period for notice required to be given to the Lessee.
11. Assignment and Sublettin°. In substitution for Section Nine of the Lease entitled
"Subletting and Assignment", the parties agree that the Lessee may not assign any of its
rights under the Lease as amended to a third party without the prior written consent of the
Lessor, which consent shall not be unreasonably withheld, except that no consent shall be
required if such assignment is (a) to the purchaser of all or substantially all of the assets of
the Lessee including the FCC license for radio station KUAD-FM or an affiliate of such
purchaser who shall continue to broadcast such station,from the Transmission Facilities after
— or ) the ssignor as insconneecction with the Lesse of such transfer es purchase e "Station of thhe Transmission Facilities.Facilties. In addition,ry thetven
6
Mar 25-03 11:43 From ORAYDON HEAD SHEY LLP '1 T-829 P.008/054 F-119
2435722 B-14S9 P-311 04/26/95 03:32P PG 7 OF 22
Lessee may, without the Lessor's consent, sublet all or any part of the Transmission
Facilities or assign the Lease as amended in any reorganization or corporate restructuring
which might occur in connection with the Lessee or its operations.
1.2 pperarinQ A eement with Denver Television. Inc. In connection with the
execution hereof and the Closing of the Purchase Agreement, the Lessee and DTI, the owner
of the adjoining broadcasting facilities and lessee of premises owned by the Lessor and
adjoining in terms and conditions to govern the
pert the nt, areagreeingproperties.
s. Such
u haterms nd conditions shall be incorporated
operation of their contiguous prop
into an operating agreement, which such parties may agree to modify from time to time and
which shall be recorded with the Weld County Recorder. Subject to the provisions of the
next succeeding sentence of this paragraph 12, in the event that the adjoining broadcasting
facility is acquired by the Lessor or any successor or assign of the Lessor, the possession
thereof by such person shall be subject to the terms of any such agreement then in effect and
recorded with the Weld County Recorder. In the event, however, that the abandonment themessr or thereof any
r as
successor or assign acquires the adjoining broadcast facility by an
the result of the occurrence of an event of default under the lease therefor, the Lessor and its
successors and assigns shall be subject CO the terms of such an operating agreement only if
the Lessor shall have been previously provided a copy of such operating agreement and not
objected to the terms thereof within ninety (90) days after receipt thereof. If the Lessor
exercises its right of first refusal pursuant to paragraph 5 herein or if the Lessor agrees to
accept the abandonment of the Transmission Facilities pursuant to paragraph 7 herein, then,
in either event, the possession of the Transmission Facilities by the Lessor or any
successor
r
or assign of the Lessor shall be subject to the terms of any such operating agreement then
in.
effect and recorded with the Weld County Recorder.
13. Default. Section Seventeen of the Lease entitled "Notice of Default" and Section
Eighteen of the Lease entitled "Default" are hereby deleted•in their entirety and substituted
with the following provisions:
a. Lessee's Default. The occurrence of any one of the following event shall
constitute a default and breach of the Lease, as amended, by the Lessee:
i. The vacating or abandonment of the Premises by the Lessee except
in accordance with the provisions of paragraph.7 hereof.
ii. The failure by the Lessee to make any payment of rent or any other
payment required to be made by the Lessee under the Lease as amended; as and when due,where thereof ish failure shall continue ten (10)
made by theLessorproperly addressed to the Lessee by certified mail, return notice
receipt requested. •
iii. The failure by the Lessee to observe or perform any of the
covenants, conditions or provisions of the Lease as amended to be observed or performed by
7
Mar-23-03 , 11 :43 From-GRAYDON HEAD VCHEY LLP T-829 P.009/054 F-119
2435722 8-4489 P-311 04/26/95 03:32P PG 8 OF 22
the Lessee where such failure shall continue for a period of thirty (30) days after receipt of
written notice (properly addressed CO the Lessee by certified mail, return receipt requested)
thereof by the Lessor to the Lessee: provided, however, that if the nature of the Lessee's
default is such that more than thirty (30) days are reasonably required for its cure, then the
Lessee shall not be deemed to be in default if the Lessee commences such cure within said
thirty (30) day period and thereafter diligently prosecutes such cure to completion.
b. Remedies in Default. In the event of any such default or breach by the
Lessee, the Lessor may from time to time, in its sole discretion, with legal notice and
without limiting the Lessor in the exercise of a right or remedy which the Lessor may have
by reason of such default or breach, elect to:
i. Terminate the Lessee's right CO possession of the Premises by any
lawful means, in which case the Lease as amended shall terminate and the Lessee shall
in-jinediately surrender possession of the Premises to the Lessor. In such event, the Lessor
shall be entitled to recover from the Lessee all damages incurred by the Lessor by reason of
the Lessee's default, including, but not limited to, the cost of recovering possession of the
Premises, reasonable attorney's fees and the unpaid rent and other charges and adjustments
called for herein for the balance of the Term or Renewal Period then in.effect, less the
amount of future rent that the Lessee proves could be mitigated under applicable Colorado
law.. Unpaid installments of rent or other sums shall bear interest from the date due at the
maximum legal rate; or
ii. Maintain the Lessee's right to possession, in which case, the Lease
as amended shall continue in effect whether or not the Lessee shall have abandoned the
Premises. In such event, the Lessor shall be entitled to enforce all of the Lessor's rights and
remedies under the Lease as amended, including the right to recover the rent, reasonable
attorney's fees and any other charges and adjustments as may become due under the Lease
as amended.
c. Default by Lessor. The Lessor shall not be in default unless the Lessor
fails to perform its obligations under the Lease within a reasonable time, but in no event later
than thirty (30) days after receipt of written notice by the Lessee to the Lessor and to the
holder of any first mortgage or deed of trust covering the Premises whose name and address
shall have been theretofore furnished to the Lessee in writing, specifying wherein the Lessor
has failed to perform such obligations; provided, however, that if the nature of' the Lessor's
obligation is such that more than thirty (30) days are required for performance, then the
Lessor shall not be in default if the Lessor commences such cure within such thirty (30) day
period and thereafter diligently prosecutes the same to completion. In no event shall the
Lessee have the right to terminate the Lease as amended, it being agreed that the Lessee's
remedies shall be limited to damages and/or an injunction.
•
14. Tower Site. Section Eleven of the Lease entitled "Construction of New Building
and Tower" is hereby deleted in its entirety and substituted with the provisions of this
8
Mar-25-03 , 11 :44 From-GRAYDON HEAD r—NCHEY LLP T-828 P.010/054 F-118
•
paragraph 14. 2435722 5-1439 P-211. 04/26/95 03:32P Po 9 or 22
The Lessee shall have the right to make such alterations, improvements and changes
as the Lessee may deem necessary to the Transmission Facilities. The Lessee shall remove
any existing debris from the Tower Site. The Lessee shall indemnify the Lessor for any
claims by contractors, subcontractors, materialmen. laborers or the like from mechanics'
liens or other liability relating to any of the Lessee's construction activities within the
Premises. •
The Lessee shall keep the Premises and all improvements owned by the Lessee on the
Premises in good repair and in compliance with applicable local codes. However, the Lessee
shall have no obligation to restore or replace, at the expiration or other termination of the
Lease as amended, any tower or building located on the Premises.
Any improvement on the Premises existing as of the date hereof or any improvement
constructed by the Lessee on the Premises and all alterations, improvements, changes or
additions thereon shall be the property of the Lessee, subject to the provisions providing for
the sale or abandonment of the Transmission Facilities contained in paragraphs 5 and 7,
respectively, hereof. Upon the expiration or other termination of the Lease as amended, the
Lessee shall upon written request from the Lessor, and at the Lessee's expense, remove_snit
improvements owned by the Lessee on the Premises and substantially restore the Premises to
its condition before the Transmission Facilities were erected. Upon restoring the Premises,
the Lessee shall provide the Lessor written notice thereof. The Lessor shall within sixty (60)
days of receiving said notice provide written notice of any unsatisfactory restoration.
15. Inderruilfication.
a, Section Thirteen of the Lease entitled "Indemnification of Lessor" is hereby
deleted in its entirety and this paragraph 15 is substituted therefor.
The Lessee does hereby covenant and agree with the Lessor that it will indemnify and
hold the Lessor harmless from and against any and all liability, damages, penalties or
judgments arising from injury to person or property sustained by anyone in and about the
Premises due to any act or acts of omission or commission of the Lessee or the Lessee's
officers, agents, servants, employees, contractors, assignees or invitees. The Lessee shall, at
its own cost and expense, defend against any and all suits or actions which may be brought
against the Lessor because of any such above-mentioned matter, claim or claims. The
Lessee shall carry, or require that any third party using the Premises carry, insurance in an
amount that is reasonable and necessary to protect against any and all claims, demands,
actions, judgments, costs, expenses and liabilities which may arise or result, directly or
indirectly, from the Lessee's use of the Premises, except such liability as shall arise out of
the negligence of the Lessor. The Lessor shall be named as an additional insured on all such
such as claims e any The Lessee
lll also aws in effectrthat emay be applicable protect it from to the
claims under any
9
Mar-23-03 11:44 From-GRAYDON HEADJ-41,1CHEY LLP T-829 P.011/054 F-118
2435722 S-1439 P-311 04/26/95 O3:32P PG 10 OF 22
Lessee. All insurance required hereunder shall remain in force so lone as the Lessee uses
the Premises as permitted herein.
The Lessor shall not be responsible or Liable for any damages to any property,
fixtures, building or other improvements of for any injury to the Lessee or to any of the
Lessee's officers, agents, servants, employees, contractors, customers or assignees, except as
may result from any act or acts of omission or commission of the Lessor or the Lessor's
officers, agents, servants, employees, assignees, contractors or others on the Premises at the
instance of Lessor.
b. Immediately following the fourth sentence of Section 6 of the First
Amendment, the following sentence shall be added:
The Lessor shall, at its own cost and expense, defend against any and all suits
or actions which may be brought against the Lessee because of any such use, acts or
omissions on the Premises.
16. .Arbitration.
a. Subject to the provisions of subparagraph b below, the Lessor and the
Lessee agree to submit to mediation, and, should settlement not occur, to binding arbitration
any and all claims, disputes and controversies between them (and their respective.employees,
officers, directors and agents) relating to the subject and contents of the Lease as amended
and its negotiation, execution, performance, administration, modification, extension or
completion. Any such mediation and arbitration shall proceed in Denver, Colorado, shall be
governed by Colorado law and shall be conducted in accordance with the Commercial
Mediation Rules and Commercial Arbitration Rules of the American Arbitration Association
("AAA"). If, within thirty (30) days after service of a written Demand for Medi Cttiionb y any
party, the mediation does not result in a settlement of the dispute, then any party
o e
mediation may demand arbitration.
b. Nothing in subparagraph a above and nothing in the exercise of any right
to mediate or arbitrate pursuant thereto shall limit the right of the Lessor to file or institute
default remedies under subparagraph 13.b above or under Colorado's forcible entry and
detainer or unlawful detainer statutes or limit the right of the Lessee to file or institute
default remedies under paragraph 13.c above.
c. Any arbitration pursuant to the Lease as amended shall be conducted before
a single neutral arbiter with experience in commercial real estate leases. The AAA shall
submit to the parties engaged in the arbitration a list of persons meeting the criteria specified
above, and the parties shall select a neutral arbiter from that list in the manner established by
the AAA.
d. Any arbitration conducted hereunder shall be scheduled by the arbiter so
10
Mar-25-03 11:44 From-GRAYDON HEAD —stICHEY LLP T-829 P.012/054 F-119
'
2435722 B-1439 P-311 04/26/95 03 :32P PG 11 OF 22
that the presentation of all evidence and argument will be completed within ninety (90) days
after delivery of the demand for arbitration.
e. In any arbitration pursuant CO the Lease as amended, the arbiter shall
decide (either after reviewing only documents, or with a hearing, at the discretion of the
arbiter) any pre-hearing motions which aparies may file which are substantially similar to
motions to dismiss or for summary judgment.
f. In any arbitration hereunder, discovery shall be permitted in accordance
as in on January 1, 94.
Scheduling
MingChapter 4 of the Colorado)' may les of Civil be determined by theearbiter,ands any discovery disputes
Scheduling of such discovery
shall be finally determined by the arbiter.
g. The Colorado Rules of Evidence in effect at the time of arbitration shall
control the admission of evidence at any hearing in any arbitration hereunder; provided,
howeve , no shall error by the
arbiter in interpretation of the Rules of Evidence
for vacatinganyaward entered by the arbiter.
h. In any arbitration conducted pursuant to the Lease as amended, the arbiter
shall not discuss the arbitration, or any part thereof, with any of the panes or any of their
officers, directors, employees, attorneys or agents ex vane. In addition, the arbiter shall not
discuss the award, or any prospective award, with any other person or entity until after the
rendering by the arbiter of his decision.
i. In any arbitration conducted pursuant to the Lease as amended, the arbiter
shall express his decision, and any award made by n for the award and the calculation of, in a writing to be delivered to each
of the parties, which writing shall explain the reasons
any monetary award. The arbiter shall reach his decision on, and deliver the above-
described writing with respect to, any arbitration conducted hereunder within thirty (30) days
after the close of the presentation of evidence by all of the parties to the arbitration.
j. The arbiter shall award to the prevailing party, if any, as determined by the
arbiter, all of its costs and fees. The phrase "costs and fees" shall mean all reasonable pre
and post-award expenses of the arbitration, including the fees of the arbiter, administrative
fees, travel expenses, out-of-pocket expenses, photocopying expenses, telephone and fax
expenses, court costs, witness fees and attorneys' fees.
k. Any party to an arbitration conducted hereunder may seek reconsideration
of all or any part of the original decision of the arbiter by filing a written request therefor •
with the arbiter and serving the same on all of the other parties to the arbitration within ten
(10) days after the date of delivery of the arbiter's original decision. Any other parry
desiring to respond to such a request may do so within ten (10) 'days after delivery of the
— request for reconsideration. No further responses will be permitted. The arbiter shall
consider any such request(s), either based solely on the documents filed or after a hearing, as
11
Liar-25-03 11 :44 From-GRAYDON HEAD d—RICHEY LLP T-829 P.013/054 F-119
243572.2 B-1489 P-311 04/26/95 03:32P PG 12 OF 22
he issue is written ny
u may determine in his sy 3e discretion.ys after'the submission he arbiter lof the last timely-filed decisionrequest aor
such requests within thirty (= )
response.
I. There shall be no right to appeal from the final decision of the arbiter in
any arbitration conducted hereunder.
m. Suit may be brought, and judgment entered upon, any award entered by
the arbiter in any court having jurisdiction and may be enforced and collected
in
the whom judgments of said court are normally enforced and collected. Any party against whom
monetary award is entered hereunder consents to disclose to the party granted
monetary
relief, upon such latter party's written request, all information properly discoverable in a
proceeding under Rule 69 of the Colorado Rules of Civil Procedure without the necessity of
service of further process or other papers within ten (10) days of the service of such written
request.
17. Affirmation of the Lease. Except as amended herein, the Lessor and the Lessee
affum that the entire lease agreement with the Assignor is contained in the Original Lease as
modified and amended by the Extension Agreement and the First Amendment and, by their
execution hereof, acknowledges and ratifies the same.
18. Notice. Each notice, consent, request, demand or other communication required
or permitted under the Lease as amended herein shall be in writing and shall be deemed to
have been duly given only upon (a) receipt if delivered by hand or FedEx or ocher
comparable overnight deliver service or (b) five (5) days after having been mailed, certified
or registered United States mail, postage prepaid, addressed as follows:
•
(a) if to Lessor:
William E. and Vera L. Dumler
13626 E. Bates, #410
Aurora; Colorado 80014-3635
•
with a copy to:
Mr. D. Scott Dumler
4075 Chippewa Drive
Boulder, Colorado 80303
•
(b) if to Buyer:
Northern Colorado Radio. Inc.
do Brill Media Company, Inc. •
420 N.W. Fifth Street, Suite 3-B
12
Mar-25-03 11:44 From-GRAYD0N HEAPJ—RICNEY LLP ^ T-828 P.014/054 F-118
2435722 B-1439 F-311 04/26/95 03 :32? PG 13 OF 22
Evansville, (N 47705
Atm. Alan R. Brill
with a copy to:
Charles W. Laughlin, Esquire
Thompson Sc McMullan
100 Shockoe Slip
Richmond, Virginia 23219
or when so delivered or mailed to such other place or person as a parry hereafter may from
time to time have designated in a prior written notice to the other party.
19. Counterpane. This Amendment may be executed in counterparts, each of which
shall constitute and.all of which together shall constitute one and the same instrument.
20. Binding Effect. This Amendment shall not be effective and shall not be recorded
with the Recorder of Deeds unless and until Closing, as described in the Purchase
Agreement, has occurred. At such time except as otherwise specifically,modified herein, the
Lease shall remain in full force and effect, and to the extent that any of the terms and
conditions of the Lease contradict any of the terms of this Amendment, the terms and
conditions hereof shall be deemed CO be controlling.
IN WITNESS WHEREOF, the undersigned have executed or caused this Second
Amendment to Lease to be executed as of the date first set forth above.
V� 2-1-';(76C7A,rica_V
+Villiam E. Dumler
Vera L. Dumler
STATE OF
COUNTY O
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this3/at"day of
Qi , 1995 by William E. Dumler and Vera L. Dumler.
tTCrr&t
� „��
C ;v - Notary PublicArizona
l z . Maricopa County Notary Public
�7 • ' My Commissbn Expires 5130190 •
13
Mar-25-03 11:45 From-GRAYDON HEAD , HEY LLD T-829 P.015/054 F-118
•
Northern Colorado Radio, Inc..
a Virginia corporation
By: / �� ✓.GE'�v��
Its
STATE OF )
COUNTY -' )
�SUBSCRIBED, S RN A? AC CNO G before me this -�f day of
a1C7"'"'�, 1995 by , they 0 Hof Northern Colorado
Radio, Inc_, a Virginia corporation_
My commission expires: cRo /997
1€12 I
• No is t ?I�
•
2435722 B-1489 P-311 04/26/95 03:32P PG 14 OF 22
•
H:\ALISON\ERILL\Nca-TON\oumn-Ls. 7 14
Mar-2$-03 11:45 From-GRAYD0N HEAD 1 .IEY LIP 1-829 P.017/054 F-119
•
•
r4:4:1T
, �.:,rje,3 �y '
•
1Y'.�/•v -,yip
•LL.SfArr.INTEINrrpy
LEASE EXTENSION AGREEMENT
2435732 B-1489 P-311 04/26/95 03: 32P PG 15 OF 22
THIS AGRE: MEN; is entered into on the //1 day of
HANrtf ,u:{✓, 1993 between William C. Oumler and Vera
L. Dumlenfof Denver, Colorado, herein referred to as
"lessor" , and Wells - Tennessen Tower Company, a partnership
of Greeley, Colorado , herein referred to as "lessee" . -
RECITALS
The parties recite and declare: : '
•
A. Lessor and lessee are the parties to a lease
• agreement dated April 1, 1975 in which lessor leased to
• lessee a portion of the following described premises:
Southeast Quarter of Section Nineteen (19) Township (0)
North, Range sixty-six (66) , West of the 6th P .M. , Weld
County, Colorado.
B . pursuant to the terms of the Lease , the rental is - -
S90 per month and was to continue at that rate until `
-April 1 , 1995. .
C . Lease payments have been made through March• 31,
1993 .
D . The parties desire to extend the term of the lease -
for an additional, ten years and to modify the rental amount
• commencing April 1, 1993 .
IN C0NSIDERkTION of the mutual covenants contained in
this agreement, the parties agree as follows :
• 1 : The expiration date set forth in the lease of
April 1 , 1995 is hereby extended to April 1 , 2005 and all
A .
references in the lease to the date April 1 , 1995 are hereby
amended to read April 1 , 2005 .,
2. Commencing April 1 , 1993 , the rental shall
increase to $110 per month for a period of five years . At
the end of the five year period, the rental shall increase
to . $125 per month for the balance of the term of the lease.
•
3 . Except as modified by this agreement, all ' of the,
terms and conditions contained in the. lease agreement dated -
April 1, 1975 shall remain in full force and effect.
•
r .
Mar-25-03' • 11:45 From-GRAYD0N HEAD 1 �IEY LLP T-829 P.018/084 F-119
/ IN WITNESS WHEREOF , the parties have executed this
/ lease extension agreement on the date set forth above.
(Williiam E . mintier
7l G/N X 0 •ri �� C r 4-_7•1 )9031.4/
Vera L. Dumler
Wells - Tennessen Tower Company
• By Jo eph J. Tennessen •
• STATE OF COLORADO )• COUNTY OF ss._
- The foregoing Lease Extension Agreement was .� `
• acknowledged before me this (0 day of -1•+u+-�( .
1993 by William E. Dumler. d
WITNESS my hand and official seal. ,
• My commission expires : •
Notary Public
•
STATE OF COLORADO I .
COUNTY OF ) ss.
-
' The foregoing Lease Extension Agreement was
acknowledged before me this. /DLty' day of )11d GI •
• 1992 by Vera L. Dumler. (7 '
.WITNESS my hand and official. seal. •
My commission expires : ' 1
Notary Public .
STATE OF COLORADO-, ) • .
'
.
: . C •
COUNTY CE ( JPGk7 55.
. The foregoing Lease Extension Agreement was � •
acknowledged before me this /U day of / / 1Gu,
.. 1993 by Wells - Tennessen Tower Company, a partnership, by
Joseph J. Tennessen: -
WITNESS my hand and official seal - •
• My commission expires : — -- • 1-'
t/
•Nb•tary Public /
. • I -
. • 2435722 8-1489 P-311 04/26/95 03:32P Fr, 16 OF 77
Liar-25-03 11:45 From-GRAYDON HEAD .HEY UPT-829 P020/054 F-119
s EXHIBIt :' L.
$4 ,
4�y,
,.
• MASTATE°INrF...11NA77Qgut
N -L
SUPPLEMENT AND AMENDMENT TO LEASE
2435722 B-1489 P-311 04/26/95 O3:32P PG 17 OF 22
This supp' ement and Amendment to Lease is made and entered
into this � day of November, 1994 , by and between William E.
Dumler and Vet'a L. Dumler (hereinafter the ('Lessor" ) and Wells-
Tennessen Tower Company, a Colorado general partnership
(hereinafter the "Lessee") .
1. The Lease. Thisdocument amends Apr 1 l
d s
9
5 and the lease
reclease
agreement between the parties dated
July 11, 1986, in Book 1119 at Reception No. 02060487 of the
records of the Clerk and Recorder ofWe term expiring on
County,
Colorado.
April i Said
lease originally had a twenty (20) year
the
1995 . By a lease extension agreement entered
term into
f thee between
ease was
Lessor and the Lessee on May 10, 1993 ,
extended to April 1, 2005 , and the lease was modified in other
particulars sat forth therein. The lease agreement of April 1,
1975 , as amended and modified by the lease extension 'agreement of
Nay 10 , 1993 , are herein referred to as the "Base Lease" .
2 . Lease Premises . The lease premises (hereinafter the.
"Premises") consist of a 16-acre tract of land situate in the
Southeast Quarter of Section 19 , Township ' North, Range 66 West of
the . 6th P.M. , Weld County, Colorado, on which the Lessee has
erected certain improvements, including a communications
The lease also provides that a
transmission tower and a building.
tract within the Premises containing no more than 2 acres
(hereinafter the "Improvements Site" ) is reserved for a building,
guy wire anchors and for ingress and egress purposes . The parties
desire to further identify the 16-acre tract constituting the
Premises and the Improvements Site. Attached hereto as Exhibit "A"
is a legal description which more completely defines the said
Premises within which is located the Improvements Site. The
parties hereby confirm that the 16-acre Premises under the Base
Lease is as shown and set forth on Exhibit "A" .
3 . - New Tower and New -Lease_ Pursuant to a rate
ate
agreement, the Lessor leases approximately 39 acres adjoining
Premises to Denver Television, Inc. , • a Delaware Corporation
("Denver Television" ) , under a lease dated November 10, 1994
(hereinafter the "New Lease") . Denver Television has constructed
and will operate a communications transmission tower and accessory
buildings and equipment on this leased property (hereinafter the
"New Tower") .
- 4 . Cross Easements for Existin Tower and for New Tower.
Lessor hereby establishes and creates an easement on the Premises
for access to the New Tower across
and anchors supporting road on the es thehich
New
provides such e access, for guy
Tower as necessary and for a sufficient "clean fall
al' for
area
New Tower (i. e. in the event the tower should fall, an
sufficient to contain the fallen tower) for the benefit of the
Lessee under the New Lease.
Mar-25-03' 11:45 From-GRAYD0N HEAD , ,HEY 1O T-829 P.021/054 F-119
2435722 B-1489 P-311 04/26/95 03:32P PG 18 OF 22
5 . Other Communication Transmission Facilities . Section 1 of
the Base Lease granted the Lessee the exclusive right to erect
communication facilities on the southeast Quarter of Section 19,
Township e North, Range 66 West of the 6th P.M. , and prohibited
other transmission facilities on said quarter section. Such
provision is hereby deleted and the parties agree that other
communication transmission facilities may be located on any part of
said quarter section other than the Premises described on Exhibit
"A" provided that such other communication transmission facilities
shall be erected and operated in such manner that they do not
interfere with the quality of transmissions from the communication
transmission tower of Lessee now erected on the Premises .
6. Lessor's Use of Premises . Lessor shall have the right,
or may grant such right to a third party, during the term of the
Base Lease to use the acreage within the Premises (but not
including the 2-acre Improvements Site) for farming or other uses
which are compatible with Lessee's operation of its communication
transmission tower and other related facilities on the Premises and
permitted by local land use authorities . However, Lessee's consent
to any use other than a farming use shall be required, ,but, in the
case of a use of the Premises for communication transmission
. ^facilities, such requirement for consent shall be in accordance
with paragraph 5 above. Lessee's consent shall not be unreasonably
withheld, and shall. be granted if the proposed use will not
interfere in any manner with the quality of transmissions or the
maintenance and operations of the communication transmission
facility on the. Premises. Lessor shall not be required to make any
payment to Lessee for the right to use the Premises as permitted
herein. Lessor, or the party permitted by Lessor to conduct other
operations on the Premises shall have the sole responsibility for
any damage or liability caused by such operation. Lessor shall
indemnify Lessee and hold it harmless from any and all claims and
demands for damages to property and injury or death which may arise
out of or be caused by any such .use on the Premises or by any other
acts or omissions by Lessor, its agents, employees, invitees or
others on the Premises at the instance of Lessor. Should Lessor
elect to conduct, or permit a third party to conduct, farming or
other operations within the 2-acre Improvements Site or the Clean
Fall Area, then any damage caused to the farming or other
operations of Lessor or its agents, employees, invitees or others
on the Premises at the instance of Lessor, within the 2-acre
Improvements Site and the Clean Fall area, by reason of the conduct
of Lessee's operations permitted under this Lease, including damage
to crops and equipment, shall be the expense of Lessor and Lessee
shall have no' liability whatsoever for such damage.
•
Lessor shall carry, or require that any third party using the
^remises under Lessor's authority carry, insurance in an amount
_hat is reasonable and necessary to protect against any and all
claims, demands, actions, judgments, ' costs, expenses and
liabilities which may arise or result, directly or indirectly, from
2 .
Mar-25-OR 11:46 From-GRAYDON HEAD HEY LLP 7-820 P.022/054 F-110
r ..
2435722 6-1489 P-311 04/26/95 03:32P PG 19 OF 22
Lessor's use of the Premises, except such liability as shall arise
out of the negligence of Lessee. Lessee shall be named as an
additional insured on such insurance. Lessor shall also carry, or
require any such third party to carry, such insurance as is
required to protect it from all claims under any workmens'
compensation laws in effect that may be applicable to Lessor. All
insurance required hereunder shall remain in force so long as
Lessor uses the Premises as permitted herein.
7. Ratification/Binding Effect. As herein supplemented and
amended the terms and conditions of the Base Lease are hereby
ratified and confirmed and shall remain in full force and effect
and be binding upon the parties hereto, their heirs , personal
. representatives, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this
document the day and year first hereinabove written.
LESSOR: 1� )
William E. Dumler
v�1�E a` � /✓✓nrJ-�yv
Vera L. Dumler ,
LESSEE: WELLS-TENNESSEN TOWER COMPANY,
a Colorado general partnership
By:
Joe Tennessee, General Partner
STATE OF ARIZONA
) 55.
COUNTY OF MARICOPA )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this /O.,ce day
of November, 1994 , by William E. Dumler.
My Commission expires: J47..3D, /377-4(
�asr��,4 'OFFICIAL SEAL" 1J
Alma M. Baur
►i'�i NolaryPublic-Arizona ` Notary Public/
Maricopa County
Lt. ' MyCommissian Expires 5130(98
•
Mar-25-D3, • 11:46 From-GRAYDON HEAD 'HEY LLP T-823 P.023/054 F-119
.
2435722 B-1459 P-311 04/26/95 03 :32P PG 20 OF 22
STATE OF ARIZONA ) .
ss.
COUNTY OF MARICOPA ) .
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this Jt&.c/ day
of November, 1994 , by William E. Dumler.
My Commission expires: '7 c. _ ae, /ri'7 . •
i
1,w.4/Y T \ M
([ ..;?:.% OFFICIAL SEAL" ...-._ 5)1. ,--44.4/
:i .'rx�-..� Alma M. 0ath* '
NalaryPtMiatimna Notary Public)
$1-:1'.44;?';:, r •
Mariwpa County
--uu; MyConmissbnExp Gus$rJ0p35
•
STATE OF COLORADO )
ss .
• COUNTY OF LARIMER )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this / v"'`�( day
of November, 1994 , by Joe Tennessen as a General Partner of Wells-
Tennessen Tower Company, a Colorado general partnership. '
�/
My Commission expires : n//21.2 1M
�0:,: Rost
1:9...:.--"' 'Nota, y Public /
PUBLIC '
•
•
•
•
•
•
4
Mar-25-C3 11:46 From-GRAYDON HEAD ,'HEY LLP 1-829 P.024/054 F-119
- . EXUIBIT "A"
_ - TO SUPI'LEMENT',1ND AMENDMENT TO LEASE DY AND L'ETWEEN
McRAG & SHORT. ING. •
WILLIAM E. DUMLER AND VERA L. DUbMER (LESSOR)
1231'Olh Avenue AND WELLS-TENNESSEN TOWER COMPANY,Greeley, Colorado 00G31 A COLORADO GENERAL PARTNERSHIP (LESSEE)
7cicph°nc (303) 356.3101
Engineering, Surveying• Planning & Land Development
August 16 , 1994
LEGAL PROJECT NO. 93402
DESCRIPTION
(OLD TOWER-LEASE A) •
A TRACT OF LAND LOCATED IN THE SOUTHEAST. QUARTER.OF SECTION 19, TOWNSHIP 8 NORTH, RANGE
66 WEST OF THE Gth P.M. , WELD COUNTY, COLORADO,' ANO DEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 AND CONSIOERING THE SOUTH LINE OF
SAID SOUTHEAST QUARTER TO BEAR SOUTH 90° 00'...00" WEST, AND WITH• ALL OTHER BEARINGS CON-
TAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 90° 00' 00" WEST, 1216 FEET ALONG SAID SOUTH LINE;
THENCE NORTH 00° 00' 00" EAST, 104.28 FEET TO. THE TRUE POINT OF DEGINNING;
THENCE. NORTH 48° 10' 10" WEST, 8?0.74 FEET;
THE'. NORTH p0° 00' 00" WEST, 77.70 FEET;
THENCE NORTH 00° 00' , 00" EAST, 33.20 FEET Td .A "POINT A" ; ' .
THENCE SOUTH 71° 25' 40" WEST. 147.25 FEET;
THENCE SOUTH 10° 34 ' 20" EAST, 10.00 FEET; -
THENCE SOUTH 71° 25' 40" WEST, 300.00 FEET; .:
THENCE NORTH'10° 34' 20" WEST, 20.00 FEET; : - .
THENCE NORTH 71° 25' 4O" EAST, 300.00 FEET; •-
THENCE SOUTH 18° 34 ' 20' EAST, 10.00 FEET; ' ; -•
THENCE NORTH 71° 25' 40" EAST, 147.25 FEET RETURNING TO SAID "POINT A" ; .
THENCE NORTH OO° OO' OO" EAST, 36.35 FEET;
THENCE NORTH 48° 10'. 00" WEST; 25.55 FEET; '
THENCE NORTH 11° 36' 30" EAST, '747.86 FEET; .
THENCE NORTH 90° 00' 00" EAST, 557.80 FEET; • •
THENCE SOUTH 00° 00' 00". EAST, 1366•.53 FEET TO THE TRUE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 16.0000 ACRES (TOTAL) , MORE OR LESS.
'SURVEYOR'S. CERTIFICATE: •
I DO_HEREBY CERTIFY THAT, UNOER MY 'PERSONA.$JPERVIS.4ON, THIS LEGAL DESCRIPTION WAS PRE-
4:1:Y.,1' 1;:-.,'",e .
PAUL_ ON AUGUST 15 ; 1994. •• • ' '• ,
COgra.e6/4 7C, % •17: - •..' 4 j: '
•
1LRZD Q. 14c(tAt, PROFESSIONAL L'NGINCCh`'�J NU,;'ç ',: '
LAND SURVEYOR, COLORADO REG. NO. 6616 1/14Si::fd: ': '
LandAmerica Transnation Title Insurance Company
1113 101"Avenue
Transnation Greely, Colorado 80631
Phone 970-352-2283 Fax 970-352-2312
CERTIFICA TE
OF
CONVEYA4NCE
FOR:
LIND, LAWRENCE & OTTENHOFF
1011 11Th AVENUE
GREELEY, CO 80631
r CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The Transnation Title Insurance Company hereby certifies that it has made a careful search of its records,and
finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most
recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
The SE ''A of Section 19, Township 8 North, Range 66 West of the 6`h P.M.,
containing 160 acres more or less, County of Weld, State of Colorado
CONVEYANCES (If none appear, so state):
Reception No. 1542838 Book 621
Reception No. 1564455 Book 642
Reception No. 1560787 Book 639
Reception No. 2555362 Book
The certificate is made for the use and benefit of the Department of Planning Services of
Weld County, Colorado.
This certificate is not to be constructed as and Abstract of Title nor and opinion of Title, nor
a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited
to the fee paid for this Certificate.
In Witness Whereof, Transnation Title Insurance Company, has caused this certificate to be
signed by its proper officer this 12th day of August, 2003, at 7:00 am
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8515256
By:
`4C0..tk'C',a.lh,oaL.
Authorized Signature
turf Recorded at_..._..-.��.e'dal..1_�JL ..r_ FEB 1 9 197th eIorvo
621 Reception No
_159&e38_...__.ANN WOMER slander.
\ - \ RECORDER'S STAMP
TEM DIED, Wade Ws 17th daref February
S 70,brawn,,
( .: ROBERT G. WEST
tT ;}
.
Ct
co •V
M et the tomtit of Larimer and State of
m
CV Colorado,of the tint part,and
to ROBERT G. WEST and MARIAN M. WEST
v-t
N,
me of the Cooney of Larimer and State of Colorado,of the second part:
WI NESS7GTE,tint the mid ports C S of the first part,for and In eensidereum of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION Utah=
p me the Wd puny '. of the flat part in hand pall by the maid earths d the..teed pare,the receipt whereof is
o hereby coef.eeed end acknowledged,has ' grsated,bargained,sold and eenoyed,and h these presents does
grant,bargain,nil,convey and confirm unto the said pones of the seemed part,their help and assigns forever,not
In tenancy in common but in Joint tenancy,at,the following described lot er parcel of land,situate,lying and
r' being in the County of Weld and State of Colorado,to wit:
W The East One-Half of Section 19, Township 8 North, Range
66 West of the 6th P.M.
Actual consideration less than One Hundred Dollars ($100.00)
TOGETHER with all and slander the hereditamente and appurtenanna tbnenste belonging,or i anywise
apperhinlng,the nrecdea and revel.,.,remainder and remdndm,rents,WM sad profits thereof: and at, the
estate,right,title,interest claim and demand whatsoever of the said party. of the firth part,either in law or
g olly,of,In and to the above bargained premises,with the henditaments and appurtenances.
TO HAVE AND TO BOLD the acid promises above bargained sad described,with the appurtenances,unto the rid
parties of the second part,their heirs and miens forever.And the said part 7 of the tint part,for him-
elf , h i S heirs,exenton,tied administrators do es coveseat,gnat,baraala and agree to and with the
mid parties of the second part,their heirs sad min,that at the time of the<.aWing sad delivery of them pm-
eats he I S well seised et the premises above conveyed, an of geed, sure, perfect, absolute and indefeasible
e state of inheritance,In law,in fee simple,sad has good right,full power and lawful authority to grant,bar-
gain,sell and convey the same in manner and form aforesaid,and that the same an free and clear from all former
and other grants,bargains,sale.,liens,taxes,assessments and encumbrances of whatever kind or nature sonar.
subject to rights of way existing and of record and to taxes for
the year 1970, payable in 1971 , which grantees assume and agree to
pay,
and the above bargained premises in the quiet and peaceable paoe.slaa of the said parties of the second part,their
help and assign.,against all and every pence er persona lawfully claiming or to dabs the whole or any part thereof,
the said party of the first part shall and w111 WARRANT AND FOREVER DEFEND.
TN WITNESS WHEREOF the said party of the first part has Darnel.set h i S hand and
seal the day and year first above written. /�/1/_/
Signed,Seeded and Delivered in the Presence of r L� r1". tit
[SEAL)
MEAL]
�— [SEAL]
`�ch tWtA7E OF COLORADO, I
(4;01Hvgalealnlittaira\:-
'•.ceontyat Larimer
' mnt was acknowledged before me this 17 t h day of February
Aye. LISLRoisettP" • n G. West.
tj cemmimkA'h to
',f .1117-3.Witness my bend and official seal
• N.-
#1....ny-
Satan rsYY.
Ne.911.b waaas,n a®—t.l b tree.—a,.srwt ywWee p.Tmm a enwt a..pe ear,.e e a peen
.tt.n:t-la-r«e�ilrnrn� tr.!~mss..u.....ats.,e.:r4:IKt-x Baer capacity ens suet Iptice i If n by offerer of nor
i+titieaft.3: ,t w matt c i::w nr:we coast iori Ideet or other offices.t sear eoepntbs,naming rein—ateeemry
rRecorded et y�'el«k...{�Y, MAR..2..4..1971
.-i ep°t642 Reeepuon No __ 15.6915+- Nei "MIA R«order.
Recorder's Stamp
THIS DEED, Made this 11 th day of March
ig 71 ,between
ALMA WEST j�
rA of the County of Lorimer , State of
Colorado,of the first part,and
tin WILLIAM E. DUMLER and VERA L. DUMLER
it
? of the County of Jefferson and State of4.O
Colorado,of the second part: I
i
t WITNESSETII, That the said part y of the first part,for and in consideration of the sum of
o •ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION ROLURisR
o• to the said part y of the first part in band paid by the said parties of the second part,the receipt I
whereof is hereby confessed and acknowledged, has remised,released,sold,conveyed and quit
o claimed,and by these presents do es remise,release,sell,convey and quit claim unto the said parties of •
the second part,their heirs and assigns forever,not in tenancy in common but In joint tenancy,all the
right, title, interest, claim and demand which the said party of the first part has in and to the
following described lot or parcel of land situate,lying and being in the
•� County of weld and State of Colorado, to wit:
N •
SEi of Section 19, Township 8 North, Range 66 West of the 6th P.M.,
containing 160 acres more or less;
(This deed is given to correct deed recorded in Book 639, Race ption No. 1560787,
Weld County, Cola ado records.)
!
II
•I
TO HAVE AND TO BOLD the same,together with all and singular the appurtenances and privi-
leges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest, •
end claim whatsoever of the said party of the first part,either in law or equity,unto the said parties
of the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy.
IN WITNESS WHEREOF,The said part y of the lint part has hereunto set her
hand and seal the day and year first above written.//fJ®® �"""JTT�J11��
Signed,Sealed and Delivered in the presence of ._....L( :L:a.ei§!
.. .Alma West .... [SEAL]
�._.._..__...._ [SEAL]
.........__....._.._.__...._._..___.�_.�.__.__�._.` ........___......_._[SEAL]
STATE OF COLORADO,
- i County of Lorimer•
The fpgoins instrument was acknowledged before me this / 7"e"day of March
.19 73•C,her Alma West.
r; J� .
jiry to o tar pi re O Pto--CL vZ g 19%a,
] g=WL$I$sit myihtnd and official seal
Nolan Ps•Ile.
nl
•
o--
Ns.KL cote a-am,m—n era Taw—a,W.,e Toillables 0..lwsea Meal Sena Dwain lassW
•
IT:
5
_. ../.� �elnrk...yf .I:��i 9 ]J7]
if 1 pOO1L Recorded at . ...H., r
N 639(� c, �tlypy al
RecePUon No MG.K71,1I ANN S�AQ Recorder. '-,
II
�II5 DEED, .Made this Ad Mf RECORDER'S STAMP
18th r January.
19 7 1,between
Richard S. Nest tor'! o;
I Alma Nest 1. c '^+—
o, Robert G. Nest , .
Marian M. West I
�_ State Docurnentory rea
m N'
-of the Count. of Lorimer and sate er �,e ...,JAt�.z.9...]97.1 e
Colorado,of the first part
47)
.and $ 1 `11C)
.o William E. Dumler and Vera L. Dumler
mi
1n e
NI
1-1
oil
of Na County of Jefferson and State of Gtendo,of the second part:
WITNESSETH,that the said part t es of the first part,for and hi consideration of the sum of T EN •
in
0
DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS. ,o
-o
to the said part I e 5 of the first part In hand paid by the said parties of the second part,the receipt whereof.le. o
o hereby confessed and acknowledged,ha if e granted,bargained,sold and conveyed,and by these presents do 0
0 grant,bargain,sell,convey and confirm unto the said parties of LM second part,their helm and assigns ea
forever.not
in tenancy in common but in Joint tenancy,all the following described lot or parcel of land,situate,lying and
being in the County of Weld end Stale of Colorado,to wit: ti
cr.
-i SE-1/4 of Section 19, Township 8 North, Range 66 West of the .P+
6th P.M. Containing 160 acres more or less a
-D
it
-s-n. TOGETHER with ail and singular the hereditament: and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders,rents,issues and profits thereof;and all the
estate,right, title,Interest,claim and demand whets of the said part I e 5 of the first part,either In law or
e quity,af,In and to the above bargained promises,with the hereditament'and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the,appurtenances,unto the said
parties of thtsecond part,their heirs and assigns forever.And the said part I e 5 of the first part,for them
awl ve s, tnel]erm,executors, end administrators do covenant.rent.bargain and agree to and with the
said parties,of the second part,their heirs and assigns,that at the time of the enseeling sad delivery of thew prea-
e ntst hey are well seized of the premises above conveyed, as of good, sun, perfect, absolute and indefeasible
estate of inheritance,In law.In fee simple,and ha ye good right full power and lawful authority to grant,bar-
gain,sell and convey the same in manner and form aforsesid,and that the same are free and clear from all former
Iand other grants,bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or nature sower.
and the above bargained premises in the quiet and peaceable possession et the said parties of the second part,their
heirs and amigos•against all and every person or persona lawfully claiming or to claim the whole or any part thereof,
the said part i es of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part i e 5 of the first rt ha we hereunto set t h e i hands and
[eel S the day and year lint above written. ��' t/7 ,„{
Signed,Sealed and Delivered in the Presence of -7,_ M/TyA�f��l//%r [SEAL]
[SEAL]
C''.8E•1'A778F.COIARADO. 1 Y —..---^..•—[SEAL]
'\\OTA I/kart of Lorimer l is.
t 1 Thalmcatt iamegmvt was acknowledged tithes me this 18th day et January
471rbr!^Rob]e't s,6i West, Marian M. West, Richard S. West and Alma West.
r 4rh4mmpii0sgeapine October 28, ,It 74 Witness my band and official seat
.....,.1'. :
I r.rth ate.
'�`j�� mw.r r,.na
// ,
Da---
No. mammaWahhh e o or ae.ons.l yr,ewnsameo ganwe: tb mew cow sera Derma _m
'If a mamma cols,o namee bore town mar aamw•y by prase seer capacity liar ere uor ce,:if official off e or r.altkao j ed,e,et then e'inserttof wine w bra ry_'ssetIorlother other ofster Dol :if by officer of eon nntb1y,lua a,.,l eauw of rvon offby effbn u lit y Wn{or other officers of sock corporation.naming IL—nraralory I ekwowneew,mr,Ma Ihl•1�1 CslerWe 1{.ilera Btamlw I11R
2555362 8-1613 P-579 06/27/1997 02:12P PG 1 OF 1 REC DOC t
Nerd County CO JA Suki Tsukaaoto Clerk & Recorder 6.00
QURCLAIM DEED
THIS DEED Made 1hit 3'$'day of Argus* 1996,between William E.Dumler and Vera
L.Minter whose legal address is 13626 E.Bates Avenue,Apt.410,Aurora,of the County of Arapahoe
and the State of Colorado,grantors,and Vera L.Dumler,Trustee of the Vera L.Dumler Living Trust and
Wiliam E Dumler,Trustee of the William E.Dumler Living Trust as tenants in common whose legal address
is 13626 E. Bates Avenue,Apt.410, Aurora,of the County of Arapahoe and the State of Colorado,
grantees.
WITNESSETH,.that.tha gramora,.for.and.in.consideration.of.the.sum.of Ten.Dollars;the-receipt.
and sufficiency of which is hereby acknowledged,have remised,released sold and QUITCLAIMED,and
by these presents do remise,release,sell and QUITCLAIM unto the grantees, their heirs,successors and
assigns,forever,all the fight,title,interest,clan and demand which the grantors have in and to the real
property,together with improvements,if any,situate,tying and being in the County of Weld and the State
of Colorado,descrbed as follows:
SE-1/4 of Section 19,Township 8 North,Range 66 West of the 6th P.M.
Containing 160 acres more or less.
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in any wise thereunto appertaining, and all the estate, right, title,
interest and daim whatsoever,of the grantors,either in law or in equity,to the only proper use benefit and
Shoot of the grantees,their heirs and assigns forever.
IN WITNESS WHEREOF,the grantors have executed this deed on the date set forth above.
Wiliam E.Dumler Vera L.Durder
STATE OF COLORADO
et
COUNTY OF BOULDER
The foregoing instrument was acknowledged before me this a day of
fir guar ,1996 by Wiliam E.Dumler I'
Vera L Dumler.
My commission expires: 7//3 W9Y
Witness my hand and official seal. /
:Jb`SC{A'ta Notary a xwor
I
r;'NOTARY\\
•
PUBLIC: ,
,, OF COO...•
Hello