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0«.01-02 02rllw FrafNIU F06TFR W 10/1110N1 H01 -.IIRI Fdtl
<br />ADDENDUM
<br />To that certain Vacant LsndlFarm end Ranch Contrail to Buy and Sell Real Estate
<br />dated September 28, 2001, by and between Dakota Water Rasourrea LLC, es Buyer,
<br />"and l3ottlleb Hef; Anna Schmid; Elizabeth Wothington, and Leonard Hett es
<br />Seller, concerning certain real property part of S12, Secdon 13, T2N, Rtt7y11, 6e' P.M.
<br />Weld County Colorado.
<br />AODfiIONAL PROVISIONS:
<br />a) InapecUon. Section 10 shall be amended by the addition of the fotlowing language:
<br />The term 'inspection' shag ktdude but not be limited to en inspealon of the
<br />Properly, an Inspection of the Induslons, and a detemUnatlon of the existence of
<br />none~dstence of PCB trensfonners, radon gas, hazardous or toxic substances,
<br />and/or underground storage tanks in or on the Property.
<br />b) lndemniflcaflon. Buyer wUl indemnify and hold Seger harmless from and against
<br />any and all obligatbtts, Balms, kisses, damages, costs and materials perforated or
<br />furnished with regard to Ute Property at the instance or request of Buyer and Buyer
<br />chap insure that no pen of any kind Is filed with regard to the Property on account of
<br />any such services, labor or materials. In order to adequately protect Seibr from any
<br />such claims end pens, Buyer wig notify Seller in advance of each contrail or
<br />agreement ktto which tt enters for providing services, labor or materials wnh regard
<br />to the Property. WentHying the name of the contreWng party, the labor. services or
<br />materials to be furnished. Furthermore, at all times after the data of this oorttad,
<br />Buyer shall send the following notice to all suppliers for services, labor or materials,
<br />and shall conUnuousty keep such notice posted In conspicuous places on the
<br />Property:
<br />'The Irnerest of the owners of thk Property shall not be subject to any lien for
<br />services, labor, materials or equipment furnished wtlh regarcl to this Property at
<br />the request of any person other than the owners.'
<br />c,) Hazarrioua MaterWlslADA Disclosure. The parties acknowledge Urat the Property
<br />may contain materials that may have been or may ba in the future detetmined to he
<br />toxic, hazardous or undesirable ('Hazardous Materials, and may need to be
<br />spedfically treated or removed. In additlon, the Property may have been subjected
<br />to underground or aboveground storage tanks or may have been contaminated by
<br />other sources. Curterd and firhrre federal, state and local laws may require the
<br />cleanup of rite Hazardous Materials at the expense of those parties who have been
<br />in Ute chain of tips of ownership of the Property. The parties acknowledge that the
<br />Propariy may be subject to Ute Amedcens 1/111th Disabilities Ad ('ADA'M, a federal
<br />law. whictt requires. among other matters. that tenants and/or owners of 'public
<br />accomnTOdations" remove banters in order to make the Property aocessrble by
<br />disabled persons and provide auxiliary aids and services for hearing, vision or
<br />speech kripalred persons. The parties acknowledge that Phpl Foster and Company
<br />recommends that alt current grid future owners and tenarrts with respell to the
<br />Property seek the advice of imowledgeable legal counsel, arohlteds, environmental
<br />engineers, and other corisullants in conneilion with detemtining the existence or
<br />nonexistence of Hazardous Materials and complying wtrh the requirements of the
<br />ADA.
<br />d.) Survey. Within foAy (40) calendar days from waNer of due diligence contingency,
<br />Seller shall lumish to Buyer, at Seller's expense, a current ALTA boundary survey
<br />('Surveys prepared by a land surveyor Gcensad In the State of Colorado. The
<br />Survey shall 6e certified to Seller, Buyer and the title insurance company and
<br />performed on the Properly and shall show thereon the correct legal description;
<br />acreage; bcaUon of ail fences; an barndary noes; any and an ditches, rivers and
<br />streams, easemerds, rights-of-way, and adjacent roadways. If any, and the location
<br />of all visible ubltties on the property and all underground tApftles for which there is
<br />vtslbte surface evidartoe. The Survey shaA taped alt exoepdons to title (where
<br />apppcabb) as reflected on the title oortmNbrtetrt and shall disclose that a physical
<br />InapecUon on the Property revealed no kriprovementa sihrated upon or adjecerd to
<br />the Property ere its subject of arty etteroachmeMs, and that no easements or rghds-
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