HomeMy WebLinkAboutC88-008 warranty deed for Eagle Manor Limited Partnership - Golden EagleRecorded at _ Reception No o CIO n_._ ("07 WARRANTY DEED Re THIS DEED, Made this 8 th day of February .19 88 , between The County of Eagle, State of Colorado, by and through its Board of County Cca issioners, of the " County of Eagle State of Colorado, grantor(s) and Eagle Manor Limited Partnership, a Tennessee Limited Partnership, whose legal address is 5384 Poplar Ave, Suite 337 Memphis, Tennessee 38119 i 'i747 L b/ BOOK....... D88 -08 -04 ?AG E—ff—SJ— .'t-NHNNETTE pHILLIP`: ,, ,LE CTY. RECOf�CE. f t8 8 11 26 AM '88 ............ G / IJC...... Sate Doc, Fce of the County of Shelby State of Tennessee; grantee: WITNESSETH, That the grantor(s), for and in consideration of the sum of --------------------- - - - - -- TEN DOLLARS and other good and valuable consideration- - - - - -- DOLLARS, the receipt and sufficiency of which is hereby acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do e S grant, bargain. sell, convey, and confirm, unto the grantee(s), its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Eagle State of Colorado, described as follows: Lot 1C GOLDEN EAGLE ELDERLY HOUSING A Resubdivision of a resubdivision of Lot 1, Block 1, The Bull Pasture, according to the recorded plat thereof recorded July 18, 1985, in Book 420 at Page 259 as Reception No. 316528 CORRECTION DEED - Recorded to correct an error in a recording reference in the Warranty Deed recorded in Book 441, Page 248, Reception No. 337496. 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 heirs and assigns forever. And the grantor(s), for i tself , its heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee(s), its heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, ha S good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, exceptfor those as may be contained in the attached Exhibits A, B, C, or D. The grantors) shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable posse�slun of the grantee(s), its #sisheirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantors) ha S executed this deed on the date set forth above. THE COUNTY OF EAGLE, STATE OF p COLORADO, By and through its ? � ) _/ • i / BOARD QF C'nTTNTV rQMMTggTnNRRg o Phillips, Clerk to the Georgd Gates, Chairman STATE OF COLORADO 1 ss. 1 County of Eagle The foregoing instrument was acknowledged before me this �jfh day of February 1988 g g r e A. Gate as Chairman d Johnnett hil ips as Clerk, of the Board o s by pp ll ssi.oners o axle Coun V CC.olprado.. h Deputy) f Cunt . Colt�IU f arl ene Roach, 0 My comm>;c5(gR e�ijfes � � — t� I g �zines� my hand and otf) , p y fl iii F , qq �'�., y :d�aasaoo "' �1. / ay '' ua (/ No. Public ZZ y+• 4 t i1 �l j?. o.sr� i w a n r a *If ip l�en'U, Gs&t'C4 No. 932. Rev.3 -85. WARRANTY DEED (For Photographic Record) Bradford Publishing, 5825 W. 6th Ave., t-akewow. CO 80214 — (303) 233 -6900 3 -85 1* i 3 antY Deed from EXHIBIT A to the Wale Manor Limited Eagle Eagle County Colorado, by aryd 5 � 1g86 (Lot 1C) of the rim Dated MaY Eagle, State reserves of Commissioners, between The County agreements 1. d of County t0 be constru � its Boar of previous Center through to the terms Citizen a Period of f if ty Eaq Eagle,, tO the Senior f County of pursuan lease property The County Commis' parties b described P ear• d of cep on the abOpe_ Dollar Per h its Boar maintenan sum °f One and throuq all !Utilities, for the for Colorado Citizens Center* State °f Shall be d Senior successors; sioners ° f Sal Ore and operation partnershiP► nots mortgage Limited Shall without the Eagle Manor or assigns" .bed described P issioners O adminis above_ Comm other the County or d �i heirs, encuer the Board of Any mortgage $Oar otherwise consent of Colorado• ht of Of Color' prior written le, State °f t0 the E glee State ecifically the County of Eagle, junior of sP Shall the County Otherwise issioners ,�f encumbrance issioners of he unless County Comm County Comm the property Board of to rent the ado, in Eaglengsbate of Colorado- shall remain a authorized deed rOject and the County of of he Senior Housing P Op To roperty describ the tion forth in is dated.. 2. The P Set Agreemen in dated the use Center f° for pureoseS supplemental forth COu Seniors, and Property and then s P985, as set The PrOvisiOns area Real pan September 1 'hereto- purchase attached effect- 1985, purchase full force and June 24, and D• which recorded C, tinue in document rec °r bits B, eats con in doc Reception N°. of those agreem as aS 27 6ntain Page 46 Restrictions at 3, 1978, in Book for the Bull October 2' and restriction at Page 65 as 172456 in Book 285 Covenants, Condit 4, °1979, 4' recorded the Plat of pasture as 181469• Set out p Of Lot 1, Reception N °� easements as Plat set forth Resubd1- vision Set Back utili Y On 5• as pasture, The Bull pasture. of The Bull The Bull The Bull Bas Show � on f Plat 1, Block 1, Restrictions as la as shown on res ivrs� °�a P pasture- EXHIBIT Exhibit A, County to Eagle Manor Page 2 (Lot 1C) 7. Undivided one -half interest in all oil, gas and other minerals as reserved by Chester L. Mayer, Leroy C. Mayer, Carl F. Mayer and Wayner Chatfield in document recorded December 14, 1961, in Book 166 at Page 21 as Reception No. 95546, and all interests therein and assignments thereof. 8. 20' waterline easement as shown on resubdivision plat recorded November 19, 1980, in Book 313 at Page 283 as Reception No. 209659. 9. Covenants, conditions and restrictions as contained in Declaration recorded February 11, 1981, in Book 318 at Page 324 as Reception No. 214695. 10. Easement 10' in width to construct, reconstruct, repair, change, enlarge, rephase, operate and maintain an underground electric transmission facility or distribution line, granted to Holy Cross Electric Association, Inc., recorded June 25, 1981, in Book 325 at Page 149 as Reception No. 221513. 11. Easements, right -of -way and restrictions as shown on the Final Plat of Golden Eagle Elderly Housing, a resubdivi- sion of Lot 1, Block 1, The Bull Pasture, recorded July 18, 1985, in Book 420 at Page 259 as Reception No. 316528. Form FmHA 440 -34 (Rev. 9- 11 -73) Position 5 UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION OPTION TO PURCHASE REAL PROPERTY Page I of 6 receipt and sufficiency of which consideration of the sum of S re in hand paid and other valuable consideration, the are in acknowledG(hereinafter ed. the undersigned (hereinafter called the "Seller "], who to be tae owner t hereof, hereby, for the Seller and the Seller's heirs, executors, administ, ltors, .successors and assigns, offers and agrees to sell and convey to Prn�aGGinn.,i T, - - - -? Pnt orb � 5'84 Pnn (Nun►e uud A dress) t ar Aa A q0-7 �8 (hereinafter called the "Buyer "), and hereby grants to the said Buyer the exclusive and irrevocable option and right to purchase, under the conditions hereinafter provided, the following- described property, located in Eagle County, Statc of _ Colgrado (Insert here full and complete legal description, including volume and page where recorded, of the property including any water rights and water stock being purchased.) (See attached Exhibit A) EXHIBIT B FmVIA .1-in 1.1 r ),I i.,7u: Page 2 of 6 The title to said property is to be conveyed--free and clear of all encumbrances except for the following reservations, exceptions and leases, and no others: (Insert here a full statement of all reservations, exceptions and leases, including in the case of leases, the date of the termination of the lease, the correct names) and address(es) of the lessees) and, if recorded, the place of recordation) Any of record 2. This option is given to enable the Buyer to obtain a loan insured or made by the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, (hereinafter called the "Government "), for the purchase of said property. It is agreed that the Buyer's efforts to obtain a loan constitute a part of the consideration for this option and any downpayment will be refunded if a loan cannot be processed by FmHA. 3. The total purchase price for said property is S 250.000.00 said amount includes ® excludes the S 1 n o o 4. The Seller agrees to pay all expenses of title clearance including, if required, abstract or certificate of title or policy mentid in paragraph 1. of title insurance, continued down to the date of acceptance of this option and thereafter continued down to and inciuding date of recordation of the deed from the Seller to the Buyer, costs of survey, if required, and attorney's fees; and the Seller agrees that, except as herein provided, all taxes, liens, encumbrances or other interests in third persons will be satisfied discharged, or paid by the Seiler including stamp taxes and other expenses incident to the preparation and execution of the deed and other evidences of title. Title evidences will be obtained from persons and be in such form as the Government shall approve. (Strike inapplicable language above or insert herein any different agreement regarding the paying of title clearance charges) 5. The Seller also agrees to secure for the Buyer, from the records of the County Agricultural Stabilization and Conservation Committee, aerial surveys of the property when available, all obtainable information relating to allotments and production history and any other information needed in connection with the consideration of the proposed purchase of the property. 6. The Seller further ag I rees to convey said property to the Buyer by general warranty deed (except where the law provides otherwise for conve antes by trustees, officers of courts, etc.) in the form, manner and at the time required by the Govern- ment, convey ing to the Buyer a valid, unencumbered, indefeasible fee - simple title to said property meeting all requirements of the Government; that the purchase price shall be paid at the time of recording such deed; and that said lands, including improvements, shall be delivered in the same condition as they now are, customary use and wear excepted. 7. Taxes, water assessments and other general and special assessments of whatsoever nature for the year in which th closing of the transaction takes place shall be prorated as of the date of the closing of the transaction, it being expressly agreed that for the purpose of such proration the tax year shall be deemed to be the calendar year. If the closing of the transaction shall occur before the tax rate is fixed, the apportionment of taxes shall be on the basis of the tax rate for the next preceding year applied to the latest assessed valuation. (Insert here any different tax agreement) Page 3 of 6 �( 8. " This option may be exercised �,v the Buyer, at any time while the offer herein shall remain in force, by mailing, tele- graphing or delivering in person a written notice of acceptance of the offer herein toEa° le County CoRmissioners at P _ n n_x Q 5n , in the city of Eagle County of Racr •i e State of Colorado The offer herein shall remain irrevocable for a period of siX (6 ) in force thereafter until one (i) year from the date hereof unless earlier terminated aced -by the Slellr. The Seller n ayhterminate this offer at any time after the - SIX (6) months' irrevocable period provided herein by giving to the Buyer tcn (10) days' written notice of intention to terminate at the address of the Buyer. Acceptance of this option by. the Buyer within ten (10) days after such notice is received by the Buyer shall constitute a valid acceptance of the option. 9. Loss or damage to the property by fire or from an act of God shall be at the risk of the Seller until the deed to the Buyer has been recorded, and in the event that such loss or damage occurs, the Buyer may. without liability• refuse to accept conveyance of title, or may elect to accept conveyance of title, ill which case there shhall be an equitable adjustment of the purchase price. 10. The Seller agrees that, irrespective of any other provision in this option, the Buyer, or the Buyer's assignees, may, if the option is accepted, without any liability therefore refuse to accept conveyance of the property described herein if the • foresaid loan cannot be made or insured because of defects in the title to other land now owned by, or being purchased by, the buyer. xLx,x� xxxxxux :xxxrx xxx �bxx0LM4,xx -Qt xxxxxxxx xx.: xXjLxxxx xxx..x =xxxxX 12. _----------- : Y; is�' :`ire:C1�£:�:'�:#�''.X::'k�{7fi. xX:: rY} �:£: i-`. i. �+,' Y�{: isi�: t�` �`.` �`': �: g. �:. h' �: ish;: �: i�: �T: �?:: i{` �::::£ :���:C:{':��if'_%1;:��?i�i:Z�:� �7�' Xt�KC :%�•?t�#t:'�!��::i.�,t;4,t�c1 } irXX�fi�Xk�-h�ih�'X,'XX4��i'XX�, - , XrY��' eKXY�XXr�{• ��C 4iX- hX; Xs�C }�<{hs�XX,iis�'iX+X4I%'�£ii•�S ;�F77{tX�i:�.F�,e�CS'r{'A7{t 13. The Seller hereby gives the Government or its agents consent to enter on said property at reasonable times for the pur- pose of inspecting or appraising it, in connection with the making of a loan to purchase the property. 14. Insert here conditions peculiar to this particular transaction. Seller agrees to furnish evidence of proper zoning family, 6 -plea, rental property) z (" ti- (Sellers Tel bone �Vurnber authority immediately, p p) or secure sake tram proper (303) 328 -7311 ) IN WITNESS WHEREOF, the Seller and the Buyer have set their hands and seals this day of COUNTY OF EAGLE, STATE OF COLORAD ' 19 84 ' By and Through its WITNESSES: BOARD 0 OUNTY COMMISSIONERS � ; B K__ Gzr2LtQ1 �' C ii oit2 / y David E..Mott - (Seller), Chairman Pro -Tem Profe. Tonal Develomrent (Seller) (Ifr r) By: Thomas H. Canpbell (Buyer) 15. Page 4 of 6 ADDITIONAL CONDITIONS OF OPTION CONTRACT BET14EEN PROFESSIONAL DEVELOPMENT CORPORATION AND EAGLE COUNTY Seller, Eagle County, reserves the right to review and approve in writing the following items prior to the submittal of a pre - application to Farmer's Home: a) Results from the preliminary needs survey. b) Schematic design of the Elderly Housing units including: (1) Site plan. (2) Floor plan layout. (3) Elevations including exterior materials to be used. (4) Landscaping plan. c) Preliminary cost estimate for the entire project. 16. Seller, Eagle County, reserves the right to review and approve in writing the following items prior to the submittal of an application for Federal Assistance (snort form) to Farmer's Home Administration. a) Results from the detailed needs survey. b) Detailed preliminary plans and specifications for the elderly housing units. c) Detailed proposed method of construction and cost breakdown for the entire project. PROFESSIONAL DEVELOPMENT CORPORATION B _ at> c���� ✓�ac,6 �� Thomas H. Campbei President COUNTY OF EAGLE, STATE OF COL DO By: `� /` L Davi E. 1ti10tt Chairman, Pro -Tem, of the Board of County Commissioners d) e) f) Page 5 of 6 Final approval from the Town of Eagle on zoning and architectural review. Detailed operating budget including proposed rental rates and replacement allowances. A detailed management plan including specific management policies and tenant admissions policies. g) A finalized agreement between Eagle County and the developer on any County rental subsidy program. h) A finalized agreement between Eagle County and the developer on the design, construction cost, and management of the Senior Activities Center. 17. A local (in- state) licensed architect will be hired by Buyer to supervise on -site construction subject to the approval of Seller. 18. Seller will participate in the selection of an on -site manager and reserves the right to include the Eagle County Housing Authority as one of the potential managers. 19. The option contract should be for six months with a six month extension to be approved by Seller if the applicant can document that substantial progress has been accomplished in pursuit of the Farmer's Home Section 515 funding program. 20. The subject property is to be used only for the construction of Senior Citizen /Handicapped Housing and a Senior Citizen Center. AXXX§gi_4�y� {(�X�/��[�5�€X C PROFESSIONAL DEVELOPMENT COUNTY OF EAGLE, STATE CORPORATION OF COLO ADO B i BY: omas H. Campbel Davi E. Mott President Chairman, Pro -Tem, of the Board of County Commissioners *Aw- /vr,- 1. Page 6 of 6 22. Buyer warrants that use of the property will be in accord with his proposal as presented to-the Seller, a copy of which is attached and marked Exhibit B. 23. In any housing constructed on the property which is the subject of this option, the Buyer agrees to give preference to Eagle County residents. 24. This option shall not be assigned without the written consent of the Seller. 25. Initial rents to senior citizens shall not exceed those contained in Buyer's Proposal (Exhibit B) unless approved in writing by Seller. PROFESSIONAL DEVELOPi�,1ENT COUNTY OF EAGLE, STATE CORPORATION OF COLO DO By. StA/L Thomas H. Campbeii/ David E. i,iott President Chairman, Pro -Tem, of the Board of County Commissioners W Page 6A 21. Seller is to pay all costs of construction of the Senior Citizens Center to be constructed by the Buyer and the Buyer shall lease the Senior Citizens Center to the Seller for a period of fifty (50) years for the sum of one dollar ($1.00) per year. The Seller shall be responsible for all utilities, maintenance, and all other expenses in connection with maintaining and operating the Senior Citizens Center. The Senior Citizens Center shall be located on a separate legally described lot which is now a portion of the subject 3.5 acres and said Senior Citizens Center lot shall not be mortgaged or otherwise encumbered without the prior written consent of the Seller. Any mortgage or other encumbrance shall be junior to the lease to the Seller unless otherwise specifically authorized in writing by the Seller. The Buyer shall have use of the facility for storage, office and miscellaneous activities for the tenant of the project in cooperation with the County's management of the Senior Citizens Center. . Construction costs as per the proposal of the Buyer shall not exceed one hundred and seventy thousand dollars and'no cents ($170,000.00). COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY C0�IMISSIONERS By: f By: /Q erk or the and t W. Keith Troxe C airman `County Commissioners PROFESSIONAL DEVELOPMENT CORP. By: woe? -ri Thomas H. Camp be 1, Pre ent r EXHIBIT A PROPERTY DESCRIPTION A 3.5 acre portion of Lot- 1, a resubdivision of Lot 1, Block 1, of the Bull Pasture Subdivision, according to the recorded Plat thereof (Plat recorded the 4th day of tilay, 1979, in Book 285 at Page 66; resubdivision Plat for Lot 1 recorded November 19, 1980, in Book 313, at Page 283.), County of Eagle, State of Colorado. to be more fully described by survey at the Seller's expense. f EXHIBIT B BUYER'S PROPOSAL EAGLE COUNI"Y ELDERLY HOUSING �z�a.��11COna.� 1��v��o�,m�nE - �o.z�.ouzfion. 3384 `� 84 �fas o7v[. c�uiic 337 38 „9 �`so�as ot% ea��G�ff PS044 %qo,f 685 -gioo �,:� c� t� I N D E X EXHIBIT NO. 1 PROPOSAL 2 List of Previous Projects funded through FmHA or similar Federal Agencies 3 Resume - Professional Development Corporation Resume - Thomas H. Campbell 4 List of References 5 Financial Statements - 1981, 1982, 1983 6 Site Plans, Floor Plans, Elevations, Specifications . t Y EXHIBIT N0. 1 P R O P O S A L i �- P R O P O S A L FOR EAGLE COUNTY ELDERLY HOUSING EAGLE, COLORADO Professional Development Corporation proposes to develop an Elderly Housing Apartment Complex, composed of 36 1- Bedroom apartment units, of approximately 650 square feet each unit, in accordance with the enclosed Plans and Specifications. The estimated cost of this proposed development is: $1,119,583.00. Based on this estimated cost factor, with financing through the Farmers Home Administration Section 515, Rural Rental Housing, Interest Credit, Plan II, program, the monthly rents will be $ 225.00 Additionally, Professional Development Corporation proposes to include in this development a Senior Activites Center of approximately 5000 square feet, to be funded by Eagle County from the proceeds of the land sale of $250,000.00. It is estimated that this building will cost approximately $170,000.00. This would result in an approximate total replace- ment value of $1,289,583.00 for the entire project. Professional Development Corporation will prepare all necessary FmHA funding documents, conduct a market /need survey, furnish all necessary architectural drawings and specifications to meet the approval of Eagle County and the Town of Eagle, and coordinate all financing, construction, etc. Professional Development Corporation will be the Owner of the project and will assume the management responsibilities upon completion. As a part of the application to FmHA for financing, Professional Development Corporation will request Rental Assistance Payments for the tenants. If approved, this would result in ,a rent subsidy to the tenants, thereby relieving some of the burden. A 11 SUPPLEMENTAL AGREEMENT OPTION TO PURCHASE REAL PROPERTY THIS SUPPLEMENTAL AGREEMENT made this -=! day of June. 1985. between the County of Eagle. State of Colorado. by and through the Board of County Commissioners and Eagle Manor. Ltd. (A Tennessee Limited Partnership), assignee of the Professional Development Corporation. The parties in consideration of the mutual agreements contained herein and in order to facilitate the objectives of the parties herein agree as follows- 1. That the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter the "Seller ") approve the assignment of the Option to Purchase Real Property dated July 19, 1984, Professional Development Corporation to Eagle Manor, Ltd. (hereinafter the "Buyer ") pursuant to the provisions of paragraph 24 of said option. 2. That Seller and Buyer recognize and agree said option has been extended pursuant to the provisions of paragraph 19 of the option, and the option now expires on July 20, 1985. 3. That Seller and Buyer agree that $170,000.00 of the purchase price to be paid the Seller by the Buyer shall be EXHIBIT C placed in a restricted account mutually agreeable to the Farmers Home Administration and the Board of County Commissioners for the construction of the Senior Center. The contract between buyer and seller for the construction of the Senior Center shall require completion of the Senior Center simultaneously or prior to completion of the residential portion of the Senior Housing Project. The completion of construction of the Senior Center will also be insured by a Performance Bond to be provided by buyer to Seller. The contents of said restricted account shall remain the property of Eagle County and after completion of the Senior Center any balance in said account may be withdrawn by the County. 4. Seller and Buyer reconfirm that all contract, deeds and other documents relating to the senior /handicapped project shall contain appropriate provision insuring the Senior Center will remain a Community Center for the use of the- project and area seniors, and for those purposes set forth in the agreement for a period of no less than fifty years. 5. Buyer and Seller agree that the plans and specifications of the Senior Center must meet the minimum property standards of H.U.D. for this type building. -2•- 6. Buyer and Seller agree that the Farmers Home Administration of the United States Department of Agriculture shall be allowed complete access to the site of the Senior Center described in said option for inspection purpose and the Farmers Home Administration State Architect or his designee will make the final inspection of the Senior Center and Senior Housing Project. However, acceptance by the State Architect for the Farmers Home Administration of the construction of the Senior Center shall not be deemed as acceptance by the County. 7. Terms of the construction contract for the Senior Center shall be entered into by specific contract of parties but shall include a restatement of the relevant portions of this agreement and the Option Agreement of July 19, 1984. B. At the end of the fifty (50) year period provided for in Section 21, page GA of aforesaid Option to Purchase Real Property the Buyer or its successors shall sell and the County of Eagle, its successor or assignees, agrees to purchase the Senior Citizen Center and the lot on which it is located for the sum of one dollar ($1.00 U.S.C.). Any conveyance or transfer of the subject property by the Buyer, its successor or assignees, shall be subject to the rights of the Seller, its -3- successors or assignees, to purchase said Senior Center and lot, as contained herein. 9. This agreement is to be construed with the Option Agreement of July 19, 1984 as a unified document Dated - �, �� 1985. 1 9=4� COUNTY OF EAGLE: STATE OF COLORADO By and Through its ATTEST- BOARD OF TY COMMISSIONERS plerk o f the Board f David E. Mott, Chairman ounty Commissioners EAGLE MANOR LTD. B Thomas H. Campbell. General Partner - -4- SUPPLEMENTAL AGREEMENT TO EXTEND OPTION TO PURCHASE REAL PROPERTY THIS SUPPLEMENTAL AGREEMENT made this 10th day of September, 1985, between the County of Eagle. State of Colorado, by and through the Board of County Commissioners and Eagle Manor, Ltd. (A Tennessee Limited Partnership). assignee of the Professional Development Corporation. The parties in consideration of the mutual agreements contained herein and in order to facilitate the objectives of the parties herein agree as follows- 1. That because of conditions beyond the control of Eagle Manor, Ltd., it has been unable to exercise its option prior to July 20, 1985, as required by the Supplemental Agreement of June 24, 1985. The Board of county Commissioners of the County of Eagle and Eagle Manor, Ltd, agree that it is in the best interests of the parties to extend the option past July 19, 1985. 2. That Seller and Buyer recognize and agree to extend the Option Agreement of July 19, 1984, as modified by the Supplement Agreement of June 24, 1984, to and until May 1, 1984n.�)� o. e-, EXHIBIT D t 3. This agreement is to be construed with the Option Agreement of July 19. 1984, and the Supplemental Agreement of June 24: 1985, as a unified document f Dated C) 1985. COUNTY OF EAGLE. STATE OF COLORADO By and 1 ugh its ATTEST BOARD F CO NTY COMMISSIONERS Y By lerk of the Board of David E. Mott. Chairman County Commissioners EAGLE MANOR LTD. - 4,1ZI Thomas H. Campbell, General Partner -2 -