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FROM DRNIEL J. (SLLYgR, PC FR:i IA7. ~, Tr^ B:"_"_+ ?.ep_ i0 ^_B02 ft3: =9PM P? <br />ADDENDL?Ff <br />io that certain Contract to $,:y and Set[ Real Estate (Vacant Land) <br />Dated May 6, 2002, by and between 120'" Estates Partners, LLP, as <br />Buyer, aced Henad Company, as Seller, concerning certain real <br />property located at the NW'C of 120" .4venue and Hwy. 85, <br />Ut»ncorporated Adana County, Colorado. If arrv provision in the <br />printed form of said contract is inconsis[e¢: with any provision <br />contained herein, rhea and in t4at event the provision contained in <br />this Addendum shall control. <br />1.4. ADDTIlONAL PROVISIONS: <br />a. Inscec[ion. Secdon 10 shall be amended bl' the addition of the following language: <br />The term "inspection" shall ixlude but not be li[ni[ed to an inspection of the Property, <br />an inspectio¢ of the Inclusions, and a deurminado¢ of the existence or nonexistence of <br />PCB transformers, radon gas, hazardous or wxie substances, and/ot undezground <br />storage tanli in or on the Property. <br />b. Hazardous MaterialslADA Disclostue. The pazties acknowledge that rho ]?ropem• ma; <br />contain materials drat mac have been or may be in the fume determined to be toxic, <br />hazazdous or undesirable ("Hazardous Materials"1, and may need to be specifically <br />treated or removed. Ice addition, the Propem map have been subjected to undergrow~d <br />or above-ground storage tanks ox tray have been contaminated by other sources. <br />Curren[ and future federal, state and local taws may require the clearun of the <br />Hazardous Materials at the expense of those patties who have been in the chain of title <br />of ownership of the Properry•. The parties further acknowledge that the Property may <br />be subject to [ht Americans N'ith Disabilities Aa ("ADA"), x federal law, whicY: <br />requires, amoeg atber matters, that tenants andior owners of "public accommodations" <br />remove barriers in order to make the Property accessible by disabled persons aad <br />provide auxilian~ aids and services for hearing, vision or speech impaired persons. The <br />parties acknowledge that Fuller and Company recommends tizac cell cuz'eat and future <br />owners and unants wi[b respca to the Property seek the advice of knowledgeable lega; <br />wunsci, azchitec[s, environmemal engineers. anti other consultants in connection w[`~ <br />determ;„±++g the existence or nonexistence of Hazardous Materials and complying with <br />iht requirements of rho ADA. <br />c. Survey. Within thirty (30) calettdu days from MEC ("Survey Deadline"), Seller anal] <br />furnish ro Buyer, at Se7ter's expense, a current monumen[ed or pined Improvement <br />Survey Plat ("Survey") prepared by a Isnd surveyor licensed in the State of Colorado. <br />The Survey shall be certified to Seller, Buyer. Fuller and Co:apany and the tide <br />insurance company and performed on [he Prope; ty and shall show thereon [hc correct <br />Icgal description; acreage and square footage: location of all fences, hedges or waits on <br />or w~ithir. two (2) feet of al] sides of alt boundazies of the Property; all boundary line <br />dimensions; the dimension anti location of all improvements; any and all ditches, <br />easements, rightsrof-luny, arrd adjaceru madua a~, if any; and the locar'on of zli visible <br />utilities on the Property and all underground utilities for which [here is visibte surface <br />evidence. The Sun'ey shall reflect a[i exceptions to till? (where applicable) as refle:.red <br />on the title carnmitment and shall disclose that a physi; al inspection oe the Property <br />zevealed no improvements situaud upon or adjacent to the Propeny are iha subject of <br />aav encroachments, and that ¢o casements or rights-of-way have been physical)}' <br />violated in any respect. In d[e event the items retleczed in the Survey are not ii <br />conformance wit![ the prorisions of this paragraph and wrinen notice of Buyer's <br />objections is received by Seller or the Listing Company within f•.ve (5) calendar daps <br />from [he date of receipt of said Survey by Buyer, Seller shalt have a period of rive (5) <br />calendar days from the date of receipt of said entice in tehich to cure any such defxts. <br />In We cve¢t Such defects are not cured within said five (S) calendar lay period, this <br />contract stall urtninate a[ Buyei s option. If said written notice of Buyer's objections <br />to the Survey is no[ received 6y Setter or the Listatg Company or if Buyer elects to <br />waive the objections [o the Survey, the Sruvey shall De accepted and this contract sha17 <br />remain in full force and effect. <br />t': KUav:ce2CW.aroie.~s?GikLnmtbTl'awCTMdmaa$'.COmact3IDiC. W C <br />TN+AW t }'n<21+^"m MUa CObm AN Fan Gmr+stim. Leas pR~d bs Wd=a>rsa Ar ue ~s FUUV ""e [e~eaa>~ <br />8uyx; ,~,~ Page [ $e~ <br />