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Home My WebLink About22-131 Approving Amend. Annexation Agreement Adam Farm Annexation 12-14-2022RESOLUTION NO.22-131 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO ANNEXATION AGREEMENT PERTAINING TO THE ADAM FARM ANNEXATION WHEREAS, the Town of Firestone ("Town"), Adam Farm Property, LLC, Thomas W. Adam, and Sheryl Ann Adam (collectively, "Owner") entered into that certain Annexation Agreement regarding the Adam Farm Annexation, dated December 17, 2009, and subsequently recorded on March 14,2011, in the records of the Weld County Clerk and Recorder's Office (the "Original Agreement"), in furtherance of the annexation of approximately 170.510 acres, more or less, of real property, as more fully described in Exhibit A to the Original Agreement (the "Property"); and WHEREAS, the Town and Owner desire to amend certain provisions of the Original Agreement to facilitate a potential transfer of a portion of the Property to the City of Longmont, as more fully set forth in the proposed Amendment to Annexation Agreement, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Fist Amendment to Annexation Agreement for the Adam Farm Annexation between the Town of Firestone, Adam Farm Property, LLC, Thomas W. Adam, and Sheryl Ann Adam is hereby approved in substantially the same form as the copy attached hereto and made a part of this resolution. The Mayor is hereby authorized to execute the Amendment on behalf of the Town. PASSED AND ADOPTED this ff day ofDece tit, 20 Drew Peterson, Mayor ATT i ca Gonzalez, Deputy Town Clerk APPROVED AS T ORM: Willi . ayash wn Attorney EXHIBIT A AMENDMENT TO ANNEXATION AGREEMENT FOR ADAM FARM ANNEXATION 4873062 12/20/2022 09.22 AM Total Pages: 5 Rec Fee: $33.00 Carly Koppes - Clerk and Recorder, Weld County, CO AMENDMENT TO ANNEXATION AGREEMENT FOR ADAM FARM ANNEXATION THIS AMENDMENT TO ANNE lON AGREEMENT ("First Amendment") is hereby made and entered into this 41day of 2022, by and between the Town of Firestone, Colorado, a municipal corporation (the "Town"), Adam Farm Property, LLC, a Colorado limited liability company, and Thomas W. Adam And Sheryl Ann Adam (collectively, "Owners"). RECITALS A. The Town, Adam Farm Property, LLC, Thomas W. Adam, and Sheryl Ann Adam entered into that certain Annexation Agreement regarding the Adam Farm Annexation, dated December 17, 2009, and subsequently recorded on March 14,2011, in the records of the Weld County Clerk and Recorder's Office (the "Original Agreement"), in furtherance of the annexation of approximately 170.510 acres, more or less, of real property, as more fully described in Exhibit A to the Original Agreement (the "Property"). B. The Town and Owner desire to enter into this Amendment to amend, modify, change, and alter certain provisions of the Original Agreement to facilitate a potential transfer of a portion of the Property to the City of Longmont, as more fully set forth below. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and in the Original Agreement unamended by this First Amendment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby amend the Agreement as follows: 1. Applicability. This First Amendment and its accompanying provisions shall only apply to the portion of the Property currently owned by Owner and as more particularly described below: Lot B, Recorded Exemption No. 1313-4-2-RE 1085 recorded May 24, 1988 at Reception No. 2142263 in Book 1197, being located in the North /2 of Section 4, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado; And Lot A, Of Recorded Exemption No. 1313-4-2-Re 1085, recorded May 24, 1988 in Book 1197 as Reception No. 2142263, being a part of the East 17.5 rods of the Northwest 1/4 of Section 4, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado LESS AND EXCEPT that portion conveyed by Special Warranty Deed recorded November 1, 2017 at Reception No. 4348745 of Weld County Records. 2. Section 7 of the Original Agreement is deleted in its entirety. First Amendment to Adam Farm Annexation Agrecmcnt 4873062 12/20/2022 09.22 AM Page 2 of 5 3. Section 17.13 of the Original Agreement is deleted in its entirety. 4. Headings. The section headings herein shall have no legal significance and are used solely for convenience of reference 5. Construction. Each of the Parties acknowledges that they, and their respective counsel, substantially participated in the negotiation, drafting and editing of this First Amendment. Accordingly, the Parties agree that the provisions of this First Amendment shall not be construed or interpreted for or against any Party hereto based on authorship. 6. Authority. Each Party represents and warrants that it has the power and authority to execute this First Amendment and that there are no third -party approvals required to execute this First Amendment or to comply with the terms or provisions contained herein. 7. Counterparts and Facsimile. This First Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed to constitute one and the same instrument. Each of the Parties hereto shall be entitled to rely upon a counterpart of the instrument executed by the other Party and sent by facsimile or electronic mail transmission. The Parties further agree that this First Amendment may be executed by electronic copies of signatures, and that any electronic copies of signatures shall be binding upon the Party providing such electronic copy of signature as if it were the Party's original signature. S. No Other Modifications. Except as expressly set forth herein, this First Amendment shall not modify or amend the terms or provisions of the Original Agreement, and all terms and provisions of the Original Agreement not specifically modified or amended by this First Amendment are hereby ratified, and shall, subject to this First Amendment, remain unamended, in full force and effect and constitute legal and binding obligations of the Parties. 9. Conflict. In the event of any conflict between this First Amendment and the Original Agreement, the terms of this First Amendment shall control such conflicting provisions. 10. Entire Agreement. This First Amendment contains the entire agreement of the Parties with respect to the subject matter hereof and may not be amended or modified except by an instrument executed in writing by the Parties. 11. Successors and Assigns. This Assignment shall be binding upon the parties and the successor entity of any party and will be deemed a covenant running with land included within the Subdivision and will be binding upon all successors in ownership of the land within the Subdivision IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date. TOWN OF FIRESTONE, COLORADO, a municipal corporation First Amendment to Adam Farm Annexation Agreement 4873062 12/20/2022 09.22 AM Page 3 of 5 BY: DreNv Peterson, Mayor AT T Ti,� ��ina Gonzalez. Acting Town Clerk APPROVED AS T WAvAmjW 1h'illia'i� P.—Hayashi.TU.Attorney i first Amendment to Adiim I :arm 4nnevation At!reement 4873062 12/20/2022 09-22 AM Page 4 of 5 IVINET"t. ARAM FARM PROPERTY. LI-C. a Colorado limited liability company Title: STATE OF COLORADO ) ss. COUNTY OF The foreizoinp instrument was acknowledged before me this eldly of 2022, by, r as on behalf of Adam Farm Property, LLC, a eolorado limited liability company. r----7S'rACY L LAR s0N y L "" C Witness m,, hand and official sea]. N07ARY pjj 'BL}C S TE OF A L-'-' OLOR IATE OF COLORAL),13 NOTARY to 199 -3-( ID AA—L my ccr-Airws'sjo cl�' Notary'soff jiia " I signature Lta Title of'office J IL G, ?('I- .2AC Commission Expiration Fif,siAmendment to Adam I-arni Anricxation A�rocriiem 4873062 12/20/2022 09.22 AM Page 5 of 5 Thornas W. Adam ShervI Ann Adam STATE OF COI ORADO ss. C 0 UN T Y 0 F L 4 fT The fore-oino instrument was act ledged before me this d7av of tare - fling - 2022. b� Thomas W Adam and Sherd Ann Adam. E -STACY L LARSDIN 'SC W)TARY PUF3UC- Witness iny hand and otricial seal. STATE OF COLORAL C, N0TAR'YJDjs)q()400 ' 2 8288 My C"""MISStON Notac,'s office l's -- ionature ' OLAU2,L'i, Title of oft -ice fe -(CI-2C2y Commission Expiration 1 irtit Amendinem it) Adam Farm AnnAaiion Aercement