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HomeMy WebLinkAboutC18-316 The Conservation FundFIFTH AMENDMENT TO CONTRACT TO BUY AND SELL REAL ESTATE EAGLE COUNTY, COLORADO (the “Seller”) and THE CONSERVATION FUND, a Maryland non-profit corporation (the “Purchaser”), entered into a Contract to Buy and Sell Real Estate dated April 9, 2013, for certain parcels of land containing 36 +/-acres located in the County of Eagle, State of Colorado, which contract was amended by the Amendment to Contract to Buy and Sell Real Estate dated December 16, 2014 and the Second Amendment to Contract dated June 21, 2016 and the Third Amendment to Contract dated December 19, 2017 and the Fourth Amendment to Contract dated June 5, 2018 (together the “Contract”). WHEREAS, closing has already occurred on the Dotsero Landing Parcel; and WHEREAS, closing has not yet occurred on the Two Bridges Parcel and the State Bridges Parcel; and WHEREAS, the Seller and Purchaser are desirous of further amending the Contract to extend the Off-Record Title Objection Deadline, the Appraisal Objection Deadline, the Current Survey Objection Deadline, Property Insurance Inspection Deadline, Due Diligence Documents Objection Deadline, Environmental Inspection Deadline and the ADA Evaluation Objection Deadline (collectively “the End of the Inspection Period Deadline”) and the Closing Date in the Contract as to the Two Bridges Parcel and the State Bridges Parcel as provided in this “Fifth Amendment.” NOW THEREFORE, for and in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration, receipt and adequacy of which are hereby acknowledged, Seller and Purchaser hereby agree as follows: 1. The Contract deadlines are hereby extended as follows as to the Two Bridges Parcel and the State Bridges Parcel: a. The End of the Inspection Period is extended until April 1, 2019. b. The Closing Date is extended until April 30, 2019. 2. All other terms and conditions in the Contract are hereby ratified and affirmed. 3. This Fifth Amendment may be executed in counterparts, all of which shall constitute one agreement which shall be binding on all of the parties, notwithstanding that all of the parties are not signatory to the original or the same counterpart. IN WITNESS WHEREOF, SELLER: PURCHASER: Eagle County, Colorado The Conservation Fund Name:________________________ Name:________________________ Title:_________________________ Title:_________________________ Date:_________________________ Date:_________________________ DocuSign Envelope ID: 4B202211-F7FE-4A48-BE98-0F87C2E1B916 10/24/2018 Assistant Secretary 10/27/2018 Chair