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Home My WebLink About981089.tiff Recorded at o' clock M. , Reception No. Recorder . SPECIAL WARRANTY DEED THIS DEED, Made this 1st day of November, 1996, between RICHARD KOESTER S ELAINE KOESTER of the County of WELD and State of Colorado, grantor(s) , and THE CITY OF LONGMONT, A MUNICIPAL CORPORATION, ACTING ON BEHALF OF ITS WATER UTILITY ENTERPRISE whose legal address is 350 KIMBARK STREET, LONGMONT, CO 80501 of the County of BOULDER and State of Colorado, grantee(s) : WITNESSETH, That the grantor(s) , for and in consideration of the sum of $575, 000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the grantee(s) , its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado described as follows: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6 IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., EXCEPT SUCH PORTION THEREOF LYING NORTH OF THE PUBLIC HIGHWAY AND EXCEPT PORTION THEREOF CONVEYED TO THE GREAT WESTERN RAILWAY COMPANY. also known by street and number as: VACANT LAND. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s) , either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee (s) , its successors and assigns forever. The grantor (s) , for themselves, their heirs and personal representatives or successors, do covenant and agree that they shall WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee (s) , its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s) . IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. �� R ARD KOEST PUe '• r J EL %KOESTR h .' •o\'' STATE OF COLORADO) tii : F`.• �,(',�c • C 4 ' MEAL) Ql COUNTY OF BOULDER} � Sr•..,••..•••��..9/ griOFGp*" The foregoing instrument was acknowledged, subscribed and swor •--,'- ore me this 1st day of November, 1996 by RICHARD KOESTER & ELAINE KOESTER. My Commission Expires: JANUARY 1999. Witnees y han and offical seal. Y PUBLIC 1 In gin 981089 Recorded at o'clock M.. Ramos Reeepoan No. BARGAIN AND SALE DEED - KNOW ALL MEN BY THESE PRESENTS.That 1. RICHARD KOESTER & ELAINE KOESTER whose address is 18442 WCR #17, Johnstown, CO 80534 ...county of Weld and State of Colorado ,for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS dollars. (n hand paid.hereby sell(s)and convey(s)to THE CITY OF LONGMONT, A MUNICIPAL CORPORATION, ACTING ON BEHALF OF ITS WATER UTILITY ENTERPRISE whose legal address is 350 Kimbark St. , Longmont, CO 80501 • ,0AVYAN .pal state of Colorado • the following real property situate in the County of Weld • and State of Colorado,to wit: SEE ATTACHED EXHIBIT "A" also known by street and number as Vacant Land assessor's schedule or parcel number. with all its appurtenances. Sigrid a delivered IS day of November .19 96 • r � R HARD KOES ELAINE KOESTER STATE OF COLORADO. It; s: QP Q> p R County of Boulder } iQ 04,0&0 The foregoing instrument was acknowledged before me this 1 S t day of OQeillb 1996 . by RICHARD KOESTER AND ELAIN i TER TA;'E,OtO My commission expires January 30 r111,01 .witness • nd official seal. 11�Mmira. ,st-carmC. nww•o Armw.9i I.,—, na' twar a • 11}F)Llu*..CR.s4 No.901.Rn 4-94. MASGASN AND SALT PAID paltry Para) aradratd Publithlaa.ISO Was 1k..Comm CO20202—00))292-2l00—4-99 (..nru,a,19rn 981...089 • Recorded at o'clock M„ Reception No. Recorder QUITCLAIM DEED THIS DEED,Made this 1st day of November , 19 96, between RICHARD KOESTER AND ELAINE KOESTER of the "County of Weld and State of Colorado,grantor(s),and RICHARD KOESTER AND ELAINE KOESTER, AS TENANTS IN COMMON whose legal address is 18442 WCR #17 Johnstown, CO 80534 of the County of Weld and State of Colorado,grantee(s), WITNESSETH,That the grantor(s),for and in consideration of the sum of NO CONSIDERATION 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 grantee(s), the i r heirs,successors and assigns, forever,all the right,title,interest,claim and demand which the grantor(s)ha V e in and to the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6 IN TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. , EXCEPT SUCH PORTION THEREOF LYING NORTH OF THE PUBLIC HIGHWAY AND EXCEPT PORTION THEREOF CONVEYED TO THE GREAT WESTERN RAILWAY COMPANY. NO DOCUMENTARY FEE REQUIRED. THIS DEED IS BEING GIVEN TO CORRECT QUIT CLAIM DEED RECORDED FEBRUARY 8, 1994 IN BOOK 1426 AS RECEPTION NO. 2372846. li also known by street and number as: 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 anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity, to the only proper use,benefit and behoof of the grantee(s) the i r heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)ha v e executed this deed on the date set forth above. _ �%!afJCS LIOA.. R CHARD KOEST R AINE KOESTER • STATE OF COLORADO, ss. County of Boulder • The fore oin instrument was acknowled ed before me this 1 S day of November Jo 96 by RI Hal) KOESTER AND ELAINE KOESTER My commiss p - esP U .1/4‘..!-99 Witness my ha d and official seal. I to I � I 1 � �y}Gfi � , 1.Fl r t- j Notary Public "1f in Denver,I rt"C}�y_affi,¢;�Li' Name and Address of Person Creating Newly Created legal Description 1§38-35-106.5,C.R.S.) 9A1084 Nu.933.Rev.4-94. QUITCLAIM DEED Bradford Publishing.1743 wazee St.,Denver.CO 80202—(303)292-2500—9-94 RE: Commitment No. 22054. AFFIDAVIT AND INDEMNITY TO FIRST AMERICAN TITLE INSURANCE COMPANY 1 . This is written evidence to you that there are no unpaid bills for materials or labor furnished for the construction and erection, repairs or improvements on property located at : VACANT LAND and legally described as : AS PER SCHEDULE C OF THE ABOVE REFERENCED COMMITMENT 2 . We further represent that there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3 . We further represent that there are no pending proceedings or unsatisfied judgments of records, in any Court, State or Federal, nor any tax liens filed against us . That if there are any judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us . 4 . We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge .i SUBJECT TO 1996 CASH CROP LEASE. 5 . We further represent that we are in sole possession of the real property described herein. 6 . We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B. The undersigned affiant (s) know the matters herein stated are true and indemnifies First American Title insurance Company against loss, costs . damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein . This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing and forms a complete agreement by itself for any action thereon. By: SE ER yi 7 RIC RD KOEST L INE KOESTER n %%0't'FV..g DEBRAi. t, STATE OF COLORADO} • • t FInGERALD! ( EAR,) of COUNTY OF BOULDER) ;'�a; , .'� 6'� \CFCC‘'C' The foregoing instrument was acknowledged, subscribed and sworn to before me this 1st day of November, 1996 by RICHARD KOESTER AND ELAINE KOESTER. My Commission Exp .res : JANUARY 30 1999 . TA LIC C ST.089 WATER/DITCH STOCK SALE Longmont, Colorado NOVEMBER 1, 1996 TO THE SECRETARY, THE OLIGARCHY EXTENSION DITCH COMPANY: For value received, there is' hereby assigned, transferred and set over to (and you are directed to transfer on the books of said company to) THE CITY OF LONGMONT, A MUNICIPAL CORPORATION, acting on behalf of its Water Utility Enterprise of 350 KIMBARK STREET, LONGMONT, CO 80501 absolutely SIX (6) share of the capital stock of said company, evidenced by certificate no. 1374 • fit EL INE KOEST RICHARD KOESTER Capital Stock $7,200 Incorporated ncorpora�a ote the erea w, of the Shares $20.00 Each THE OLIGARCHY EXTENSION DITCH CO. Longmont, Colorado Elaine Koester and Richard Koester as THIS CERTIFIES THAT ,joint' tenants is the owner of — six vhare.... in the Capital Stock of The Oligarchy Extension Ditch Company, transferable upon the surrender of this certificate. It is hereby stated that, by virtue of its by-laws (and/or its articles of incorporation). the right to a lien upon the share or shares of stock. represented by this certificate issued by said corporation. for any assessments levied by or any other indebted- ness Nat may •t any time be due the corporation on account of such stock, is expressly reserved in its favor; and that there shall be no transfer and the transfer is restricted of the share or shares of stock hereby represented until all such assessments and indebtedness due at the time of said transfer are paid. IN TESTIMONY WHEREOF', The President and Secretary have hereunto set their hands this is as of - October 19 90 199 137. 9 s ica Z. . 3ecremry. J Presi nt r' f 991.089 WATER/DITCH STOCK SALE Longmont, Colorado NOVEMBER 1, 1996 TO THE SECRETARY, THE LOWER OLIGARCHY DITCH COMPANY : For value received, there is hereby assigned, transferred and set over to (and your are directedL�N to transfer on the books of said company panrf to) . o)its N CITt Utility ONGMEnter r, A MUNICIPAL CORPORATION, acting oof 350 KIMBARK STREET, LONGMONT, CO 80501 absolutely ( (v ) shares of the capital stock of said company, evidenced by certificate no . t\AVV't. \SSv.2C�• LAINE KOESTER R HARD KOES 991.089 WATER/DITCH STOCK SALE • • Longmont, Colorado NOVEMBER 1, 1996 TO THE SECRETARY, THE OLIGARCHY IRRIGATION COMPANY: For value received, there is hereby assigned, transferred and set over to (and you are directed to transfer on the books of said company to) THE CITY OF LONGMONT, A MUNICIPAL CORPORATION, acting it s behalf of Water Utility Enterprise of 350 KIMBARK STREET, LONGMONT, CO 80501 absolutely FOUR (4) shares of the capital stock of said company, evidenced by certificate no . 1778 (ELAI E KOEST R R HARD KO ST R Capital Stock $6,000 incorporated Under the Laws of the Shares $20.00 Each State of Colorado THE OLIGARCHY IRRIGATION CO. Longmont, Colorado Elaine Koester and Richard Koester as THIS CERTIFIES THAT joint- tenants is the owner of— four — Share.... in the Capital Stock of The Oligarchy Irrigation Company, transferable upon the surrender of this certificate. it is hereby stated that, by virtue of its by-laws land/or its articles of incorporation), the right to a lien upon the share or shares of stock. represented by this certificate issued by said corporation. for any assessments levied by or any other indebted- ness that may at any time be due the corporation on account of such stock, is expressly reserved in its favor; and that there shall be no transfer and the transfer is restricted of the share or shares of stock hereby represented until all such assessments and indebtedness due at the time of said transfer are paid. IN TESTIMONY WHEREOF', The President and Secretary have hereunto set their hands this 1st as of Octobert4 Is 90 Ns 11.7.8 _ = Secretary. /i presid�/t 111 ll// 9811)89 THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. CLOSING INSTRUCTIONS TO: Longmont Title Company RE: 22054 850 23rd Avenue Suite E. Longmont, Colorado 80501 1. RICHARD KOESTER and ELAINE KOESTER, (SELLER) and THE CITY OF LONGMONT, A MUNICIPAL CORPORATION (PURCHASER) engage Longmont Title Company (CLOSING AGENT) who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of WELD, Colorado, to wit: SEE ATTACHED EXHIBIT "A" also known as: VACANT LAND 2. Closing Agent is authorized to obtain information and agrees to prepare obtain, deliver and record all documents, excluding preparation of legal documents necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated AUGUST 8, 1996, with ALL amendments and counterproposals attached (Contract) , and made part of this document. 3. Legal Documents will be prepared by Longmont Title company at the expense of COLDWELL BANKER PREFERRED REALTY. 4. Closing Agent will receive a fee not to exceed $100.00 for providing these closing and settlement services to be the expense of Purchaser. 5. Closing Agent is authorized to receive funds and to disburse funds when all funds received are either: available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for .mmediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn ("Good Funds") . 6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in Paragraphs 12 and 13. 7 . Closing Agent shall disburse all funds except those funds as may be separately disclosed in writing to Purchaser and Seller by Closing Agent for Purchaser's lender on or before closing. All parties agree that no one other than the final disbursing party can assure that payoff of loans and other disbursements will actually be made. 8. Seller will receive the net proceeds of closing as indicated: (X] Closing Agent's Trust Account Check [ ] Cashier's Check at Sellers Expense [ ] Funds electronically transferred (Wire Transfer) to an account specified by seller at Seller's expense 9. Purchaser and Seller will furnish any additional information and documents required by Closing Agent which will be necessary to complete this transaction, and Purchaser and Seller further agree to sign and complete all and customary required documents at closing to fulfill the Contract. 991..089 10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller at time of closing. 11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before closing to disburse Good Funds. 12. If Closing does not occur, Closing Agent, except as provided herein is authorized and agrees to return all documents monies and things of •value to the depositing party and Closing Agent will be relieved from any further duty, responsibility and liability in connection with these instructions. In addition any promissory note, deed of trust, or other evidence of indebtedness signed by Purchaser, shall be voided by Closing Agent, with the original (s) returned to Purchaser and a copy to Purchaser's lender. 13. If any conflicting demands are made on the Closing Agent, at it's sole discretion Closing Agent may hold any monies, documents, and things of value received from any party except Purchaser's lender. Closing Agent shall retain such items until (1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and Seller shall have been finally concluded in a Court of competent Jurisdiction; or (3) in the alternative Closing Agent may, in it's sole discretion, commence a civil action to interplead, or, interplead in an existing civil action, any documents, monies or other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorneys fees. 14. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and Closing Agent. 15.Special instructions: APPROVED AND ACCEPTE SELL RICHARD K STER ATE PUR TH CI OF ONG ONT DATE A MUNI IPAL CORPORATION /7//k.; a. /64.A. Utz (G_ra..,m. !l—C'`ll SELLER: ELAINE KOESTER DATE (PU HASE : DATE Longmont Title Company 111 `@Y. CLOSING AGENT DATE (TO BE COMPLETED ONLY BY BROKER AND C SING ENT) COLDWELL BANKER PREFERRED REALTY (Broker) engages Closing Agent as Brokers Scivener to complete, for a fee not to exceed $10.00 at the sole expense of Broker, the following Legal Documents: [X] DEED [ ] BILL OF SALE ( ] COLORADO REAL ESTATE COMMISSION APPROVED PROMISSORY NOTE AND ( ) COLORADO REAL ESTATE COMMISSION APPROVED DEED OF TRUST The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Closing Agent shall pay Real Estate Commissions at disbursement as follows: LISTING COMPANY COLDWELL BANKER PREFERRED REALTY $28, 750 .00 SELLING COMPANY SAME APPROVED AND AC EPTED10 l BROKER BY: - - MAW' '�'/ �-4--� CLOSING AGENT 1 1- C DWELL BANKER PREFERRED REALTY DATE 991.0519 - - - • OF A PORTION OF THE SOUTH 1 /2 OF THE NE 1 /4 OF SECTION 6, T.2N., R.68W. OF THE 6th P.M., WELD COUNTY, STATE OF COLORADO. LAND DESCRIPTION: All that portion of the northeast quarter of Section 6, Township 2 North, Range 68 West, of the 6th P.M., Weld County more particularly described as follows: Considering the south line of said northeast quarter of Section 6 as bearing NORTH Sr 58' 35" WEST and with all bearings contained herein relative thereto. Commencing at the southwest corner of said northeast quarter of Section 6; Thence along the • west line of said northeast quarter of Section 6 NORTH 02° 42'00" EAST 57.62 feet to the • presumed north right-of-way line of the Great Western Railroad according to Book 241,Page 394, records of said county [said north right-of-way line is a line which is parallel with and 40.00 feet (measured at right angles and radially) north of the centerline of the existing Great Western Railroad tracks] and the TRUE POINT OF BEGINNING;Thence continuing along said west line NORTH 02 ' 42' 00" EAST 1210.35 feet to the south right-of-way line of County Road 26 and a line which is parallel with and 30.00 feet (measured at right angles) south of the north line of the south half of said northeast quarter of Section 6;Thence along said south right-of-way line and along said parallel line SOUTH 89° 36' 39" EAST 1295.31 feet to a line which is parallel with and 30.00 feet(measured at right angles) southerly of the approximate centerline of the existing roadway for said County Road 26; Thence continuing along said south right-of-way line of County Road 26 and along said parallel line the following four(4) courses and distances: 1)SOUTH 72° 06' 17" EAST 356.77 feet; 2)SOUTH 79° 23' 33" EAST 292.13 feet; 3)NORTH 81° 17' 06" EAST 155.46 feet; 4)NORTH 75° 18'24" EAST 517.05 feet to said line which is parallel with and 30.00 feet (measured at right angles) south of the north line of the south half of the northeast quarter of Section 6; Thence continuing along said south right-of-way line and along said parallel line SOUTH 89° 36' 39" EAST 60.02 feet to the east line of said northeast quarter of Section 6; Thence along said east line SOUTH 03° 18' 14" WEST 1113.96 feet to said presumed north right-of-way line of the Great Western Railroad and to the beginning of a non-tangent curve • to the right having a central angle of 19° 24'07" and a radius of 1410.00 feet(a radial line from • II • said point bears NORTH 19° 22'42" WEST);Thence along said presumed north right-of-way `. line and along the arc of said curve southwesterly 477.46 feet to the end of said curve;Thence continuing along said presumed north right-of-way line and tangent from said curve NORTH 89° 58' 35" WEST 2160.14 feet to the TRUE POINT OF BEGINNING. i". Said portion contains 69.63 acres, more or less. 991..099 AGREEMENT BETWEEN THE CITY OF LONGMONT AND LONGMONT BMX, INC. This Agreement is between the Longmont BMX, Inc.(LESSEE) a non-profit corporation, and the City of Longmont, (LESSOR) a municipal corporation,for the purpose of allowing the LESSEE to use the property(Property) located at Union Reservoir and more fully described in Exhibit A attached hereto and incorporated herein, solely for operations of a BMX track practice and races. The Parties agree as follows: 1. TERM: The term of this Agreement is October 15, 1997,to October 15,2002. 2. TERMINATION: Each party may cancel this agreement upon 90 days written notice to the other party. The LESSEE may give written notice in person to the Parks&Forestry Superintendent, or may mail notice to: Parks& Forestry Division 747 Longs Peak Avenue Longmont, CO 80501 Attn.: Parks& Forestry Superintendent Notice to the LESSEE may be given in person to the President of Longmont BMX, Inc. or by mail to: Tom Lindsay or current BMX Representative Longmont, CO 8050 The City may suspend use of the land and facilities by the LESSEE immediately if the members,spectators or guests of the LESSEE violate the conditions of this Agreement. Use of the land by the LESSEE shall not resume until the LESSEE has made adequate assurances to the Superintendent of Parks& Forestry that they will comply with all conditions. 3. IMPROVEMENTS : a LESSEE may install improvements on the Property consistent with the use of the Property as a BMX track All improvements shall be subject to the prior review and approval of the Parks and Forestry Superintendent. b. At the termination of the agreement,for any reason,LESSEE shall remove any and all improvements and return the Property to its original condition. 4. DUTIES OF THE LESSEE: a. LESSEE members may use only the described land under the Agreement. LESSEE members shall pay the regular gate fee for use of Union Reservoir park area. Event parking on property other than leased property will be$1 /vehicle, collected by the Lessee and paid to the Lessor b. LESSEE members and guests shall obey all rules of Union Reservoir and all Park regulations as identified in the City code . c. The LESSEE assumes responsibility for all financial matters associated with the operation of the BMX track and associated property. d. The LESSEE assumes full responsibility for their members,guests and participants during all activities, practices and events held. e. The LESSEE is solely responsible for making the proper repairs for damage to the facilities caused by its members or guests. 1 99t089 f. The LESSEE is solely responsible for all utilities including securing, payments and terminating utilities if necessary. g. The LESSEE is responsible for the cleanliness, health and safety of the grounds. This includes enough portable restroom facilities and trash receptacles to facilitate peak usage. h. The LESSEE must provide a fence around the perimeter of their leased land. Any damage to the property or to the adjacent land will be the responsibility of the LESSEE. All concession operations on site must be pre-approved by the Weld County Health Department. Proper permitting,equipment and operations must be adhered to. Any related structures must be approved prior to construction by LESSOR. j. The Union Reservoir Ranger or Recreation Center Supervisor must be given a four(4) month written notification of all major events(i.e. National, International races). k. Lessee and their guests will not park vehicles on county road 26 or any other property for which they do not have a lease. 5. INDEMNIFICATION: The LESSEE agrees to indemnify,defend and save harmless the City and its agents from and against all claims,actions,causes of action,demands,judgements,costs,expenses and all damages of every kind and nature,incurred by and on behalf of any person or corporation whatsoever, predicated upon injury to or death of any person or loss of or damage to property of whatever ownership, including the parties to this Agreement and their employees,and arising out of or connected with, in any manner,directly or indirectly,the LESSEE'S operation. 6. FEES: a. The LESSEE will pay the City of Longmont an annual lease fee of$10.00 from October 15, 1997 through October 15,2002. The fee shall be paid on or before the effective date of the lease. Failure to make payment will result in denying access of the facility to the Longmont BMX Club until payment is made. b. The LESSEE shall pay an additional fee of $50 / event or the actual cost of labor and equipment,which ever is greater,if it is necessitated that the Union Reservoir Rangers clean up the leased area after any event, practice or program. 7. INSURANCE: As evidence of the liability insurance coverage required by this Agreement prior to the effective date of this Agreement,the LESSEE shall fumish a certificate of insurance to: City of Longmont, Parks& Forestry Division,747 Longs Peak Avenue, Longmont, CO 80501,Attention: Parks&Forestry Superintendent: a. The certificate will name the City,its officers,agents and employees as Additional Insured and must provide 30 days written notice to the Additional Insured before non-renewal or cancellation. Insurance coverage required under this Agreement shall be obtained from insurance companies authorized to do business in the State of Colorado. b. The LESSEE shall provide during the time of this Agreement: General Liability protection from all claims resulting from the LESSEE's use of the facility including coverage for bodily injury and property damage including protection against damage to the City's facilities and its contents as a result of member,guest, and/or spectator use/misuse with limits no less than the liability limits under the Colorado Governmental Immunity Act; currently at$150,000 per person,$600,000 per incident; ii. Unless the City's Risk Manager approves otherwise, all policies must be of the occurrence form; 2 991.089 iii. The LESSEE shall not cancel, materially change, or not renew insurance coverage. The LESSEE shall notify the City of Longmont Parks&Forestry Superintendent, 747 Longs Peak Avenue, Longmont, CO 80501, of any material reduction or exhaustion of aggregate policy limits. Should any policy be canceled, the LESSEE will promptly procure other insurance as specified; iv. Nothing contained in these insurance requirements is to be construed as limiting the extent of the LESSEE's responsibility for payment of damages resulting from the LESSEE's operation under this agreement. 8. EQUIPMENT: The LESSEE is solely responsible for any equipment it owns, including but not limited to maintenance and repair. The City is not the bailee for any LESSEE property or the property of any LESSEE members. 9. COMPLIANCE WITH THE LAW: The LESSEE agrees to carry out each activity in compliance with all Federal, State,and local laws, ordinances and regulations. 10. DISCRIMINATION:The LESSEE shall not discriminate on the basis of race, color, religion,disability, or national origin. 11. THIRD PARTY BENEFICIARIES:None of the terms or conditions in this Agreement gives or allows any claim, benefit,or right of action by any third person not a party hereto. Any person other than the City or the LESSEE receiving services or benefits under this Agreement is only an incidental beneficiary. 12. FAIR MEANING: The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attributes to such party of the source of the language in question. 13. INTEGRATION OF AGREEMENT: No representations, agreements,covenants,warranties, or certifications, express or implied, shall exist as between the parties, except as specifically stated in this Agreement. 14. AMENDMENT:This Agreement may only be amended in willing by authorized officials of the City and LESSEE. 15. ASSIGNMENT:This Agreement may not be assigned to any other parties. 16. WATER: No waiver of any breach or default under this Agreement is a waiver of any other breach or default. 17. INVALIDATION OF PROVISIONS: Invalidation of any specific provision of this Agreement shall not affect the validity of any other provision of this Agreement. 18. GOVERNING LAW:This Agreement shall be govemed and construed in accordance with the laws of the State of Colorado. 19. INDEPENDENT CONTRACTOR: The LESSEE shall perform under this Agreement as an independent contractor and a separate entity and not as an employee or agent of the City. The LESSEE's employees and volunteers,and any of the LESSEE's subcontractors or subcontractor's employees are not entitled to City of Longmont workers compensation benefits and may be obligated to pay federal and state income tax on money,if any,earned pursuant to this Agreement. 20. JOINT VENTURE:It is mutually agreed and understood that nothing contained in this Agreement is intended or shall be construed as in any way establishing the relationship of co-partners or joint venturers between the parties hereto or as construing the LESSEE,including its agents and employees, as an agent of the City. The LESSEE shall remain an independent and separate entity. 21. POTABLE WATER USAGE:The City of Longmont will grant the installation of a 3/4" potable water tap on this property. This tap is being installed for use at a city facility and is to be owned by the City. As part of this lease arrangement, Lessee may use water from this tap, provided the following terms and conditions are met: 3 9,31..089 a. The Lessee shall apply for a transfer of the water account for this tap into Lessee's name for billing purposes. All monthly payments will be kept current by the Lessee. The Lessee shall pay for all applicable water rates associated with this water service at the rates established by municipal code for an outside commercial water service. Failure to pay monthly water service rates shall constitute a breach of this contract. b. At all limes that the Lessee maintains use of water service through this water tap,the proposed BMX track shall be open for use by the general public in the City of Longmont,at no cost or membership requirements of any kind. The only exceptions will be for parking arrangements discussed elsewhere in this agreement and the occasional use by Lessee's Club for scheduled races or other events, said special events to occur no more than 15%of the open hours of the track in any given month. c. The Lessee shall pay for all installation costs of the water tap,service and backflow prevention devices(not including the actual water tap fee). Ownership of the water tap remains in the City and all appurtenant water facilities and improvements will revert to the City of Longmont at the termination of this lease. d. Prior to installation of appurtenant water facilities,the Lessee shall supply an installation plan for review and approval by the City of Longmont Water Department. Q41.089 4 AvsisioNG.,„0 Lit Dated this /el day of ©cE6b1/4 1997 0C Nair lit le CITY OF LONGMONT >,444).1)rjA"C—. M or Parks and Recreation Director APPROVED AS TO CONTENT APPROVED AS TO INSURANCE • Wirt tant City Attorney Ris Manag LONGMO BMX, INC.,LESSEE ATTEST (17 esident Secretary STATE OF COLORADO ) COUNTY OF BOULDER )ss. Subscri and sworn) to before me this 2 day of �,if , 1997,by%"Tr�f• cz ,President, and C 4t-(�F •s7 'A,,Secretary of Longmont BMX,Inc.,LESSEE. My Commission expires: `7- Notary Public Z. 1.10TARt,• 'A�4, N' PUBL‘G.$i 9r• P% ;1•FOF.CC'-" -, 991.089 LEGAL DESCRIPTION FOR PROPOSED BMX TRACK AREA A 2.0 acre parcel, more or less, of dryland in the South 'A of the Northeast 1/4 of Section 6 in Township 2 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, more specifically described as : Commencing at the northwest corner of said northeast quarter of Section 6, Thence along the west line of said northeast quarter of Section 6 SOUTH 87°18'00"WEST 30.02'to the TRUE POINT OF BEGINNING, Thence NORTH 88°10'07"WEST 272.2', Thence SOUTH 00°28'52"WEST 238.2', Thence SOUTH 88°10'17"WEST 93.1', Thence SOUTH 00°29'01"WEST 58.0', Thence SOUTH 41°35'09"WEST 101.9', Thence SOUTH 88°10'11"West 112.1', Thence NORTH 00°28'48"EAST 1233.2'to the TRUE POINT OF BEGINNING. Said portion containing 2.0 acres, more or less. • 991089 1 / I CC 7 0 C W IV) CC p 4 1 L_ Q Q D C.) i Ct Q C..) o F— z . O ct N CO I 1 w + I 1 et cn -_- 1 O i c a 11 U 11,zs,e2.00s Eb NI • k/0 v, �.10,62.00[ wN ,0•eSy' N • 3.CY,ez.00N 1+° 9 •- ..089 a 11 Hello