|
_. - _ _ ..
<br />ADDENDUM
<br />To that certain Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate
<br />dated March 15, 2001, by and between Owens Bros. Concrete, Co., as Buyer, and
<br />Jerry Nix as Seller, concerning certain real property located in part of NEl4,
<br />NW/4SFJ4, Section 28, T3N, R87W, 8w P.M. Weld County Colorado containing 200
<br />acres +/_,
<br />ADDITIONAL PROVISIONS:
<br />a) Inspection. Section 10 shall be amenri~d by the addition of the following language:
<br />The tens "inspection" shall include l i not be limited to an inspection of the
<br />Property, an inspection of the Inclusic =, and a determination of the existence of
<br />nonexistence of PCB transformers, nom gas, hazardous or toxic substances,
<br />and/or underground storage tanks in o~ i the Properly.
<br />b) Indemnification. Buyer will indemnify end hold Seller harmless from and against
<br />any and all obligations, claims, losses, 'amages, costs and materials performed or
<br />furnished with regard to the Property F~ ' he instance or. request of Buyer and Buyer
<br />shall insure that no lien of any kind is 1i d with regard to the Property on account of
<br />any such services, labor or materials. I order to adequately protect Seller from any
<br />such claims and liens, Buyer will no' y Seiler in advance of each contract or
<br />agreement into which it enters far provi Ong services, labor or materials with regard
<br />to the Property, identifying the name a he contracting party, the labor, services or
<br />materials to be furnished. Furthermoi• at all times after the date of this contact,
<br />Buyer shall send the following notice t~• II suppliers for services, labor or materials,
<br />and shall continuously keep such nc :e posted in conspicuous places on the
<br />Property:
<br />°The interest of the owners of this ' ~operty shall not be subject to any lien for
<br />services, labor, materials or equipm ~t furnished with regard to this Property at
<br />the request of any person other than ~ re owners.'
<br />c.) Hazardous MaterialslADA Disclosure The parties acknowlerfye that the Property
<br />may wnfain materials that may have b~ +n or may be in the future determined to be
<br />toxic, hazardous or undesirable ("Ha udous Materials', and may need to be
<br />specifically treated'or removed. In addi "on, the Property may have been subjected
<br />to underground or above-ground storag :tanks or may have been contaminated by
<br />other sources. Current and future fet' ~ral, state and local laws may require the
<br />cleanup of the Hazardous Materials at ~ e expense of those parties who have been
<br />in the chain of title of ownership of the 'roperty. The parties acknowledge that the
<br />Property may be subject to the Ameri~ •ns With Disabilities Act ("ADA'), a federal
<br />law, which requires, among other ma~ ors, that tenants andlor owners of 'public
<br />accommodations" remove barriers in rder to make the Property accessible by
<br />disabled persons and provide auxilia~ aids and services for hearing, vision or
<br />speech impaired persons. The parties . ;knowledge that Phill Foster and Company
<br />recommends that all cunent and futu~ ~ owners and tenants with respect to the
<br />Property seek the advice of knowledge ;ale legal counsel, architects, environmental
<br />engineers, and other consultants in c+ mection with determining the existence or
<br />nonexistence of Hazardous Materials ~d complying with the requirements of the
<br />ADA.
<br />d.) Survey. As provided in Survey dated `'ebruary 16, 2001, but excluding FJ2SFJ4
<br />containing 80 acres more or less.
<br />e.) Seller's Cooperation. Seller agrees fully cooperate with Buyer in applying for
<br />and obtaining appropriate government: `approvals for sand and gravel operations.
<br />All such applications and approvals sh '1 be at the sole cost of the Buyer, and no
<br />action shall be taken prior to closing hich will irrevocably obligate the Seller or
<br />encumber the Property, without the exf~ ass consent of the Seller.
<br />f.) Property Access. At all times after tv C, Buyer shall have the right of access to
<br />the Property without charge to test, ii• pect, and evaluate the f roperty as Buyer
<br />
|