HomeMy WebLinkAboutMemo of Purchase & Sale Option Agreement1111KAII:iff Alili`l lg1E'Mr. NI In 4 :44 4I 11I
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0612812014 02:33:07 PM Joan Riborico
i of 3 Roc Feo:$21 00 Doc Poo:0.00 GRRFIELO COUNTY CO
MEMORANDUM OF PURCHASE AND SALE OPTION AGREEMENT
THIS MEMORANDUM OF PURCHASE AND SALE OPTION AGREEMENT
("Memorandum of Agreement"), dated the , g -HI day of TOne. , 2014, is
made and entered into by and between BLUE HERON PROPERTIES, LLC, a Colorado limited
liability company ("Seller"), ASPEN SIGNATURE HOMES, LLC, a Colorado limited Iiability
company ("Buyer"), and ASPEN SIGNATURE HOMES OF IRONBRIDGE, LLC, a Colorado
limited liability company ("ASH of Ironbridge").
1. Seller and Buyer entered into a Purchase and Sale Option Agreement dated January
22, 2014 (the "Agreement"), affecting the following described property (the "Lots"):
LEGAL DESCRIPTION
PARCEL A:
LOTS 71, 72, 74, 77, 78, 172, 247, 248, 251, 252, 253, 255, 256, 257, 258, 259,
261, 262, 263, 264, 265, 266, 267, 269, 270, 272, 273, 275, 276, 277, 278, 279,
280, 281, 282, 283, 284, 285, 287, 289, 291, 292, 293, 294, 295,
IRONBRIDGE PLANNED UNIT DEVELOPMENT
PHASE 11, FILINGS I, 2 AND 3
ACCORDING TO THE PLAT RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL B:
NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO
CHANGE UPON EXECUTION AND RECORDATION OF A FINAL PLAT OF PHASE 11I,
IRONBRIDGE PLANNED UNIT DEVELOPMENT.
LOTS 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 50, 51, 52, 53,
54, 55, 56, 57, 58, 59, 60, AND 61 ACCORDING TO THE UNRECORDED PRELIMINARY PLAT OF
PHASE 111, IRONBRIDGE PLANNED UNIT DEVELOPMENT, BEING A REPLAT OF FUTURE
DEVELOPMENT PHASE I1I, AS SHOWN ON PAGE 3 OF THE PLAT RECORDED JULY 19, 2006,
UNDER RECEPTION NO. 702420.
COUNTY OF GARFIELD,
STATE OF COLORADO
2. The Agreement provides to Buyer the right and option to purchase the Lots described
above under the terms and conditions as specified in the Agreement.
3. The Lots are subject to the Agreement commencing January 22, 2014, until 5:00 p.m.
on December 31, 2017, unless sooner terminated by Seller, or purchased by Buyer, as provided in
the Agreement.
4. The Agreement was amended by First Amendment to Purchase and Sale Option
Agreement between Seller and Buyer dated March 6, 2014. The Agreement was further amended
by Second Amendment to Purchase and Sale Option Agreement by and among Seller, Buyer and
110 I"AYNC HILI C I� � 1111!
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ASH of Ironbridge dated March 28, 2014 (the "Second Amendment"). The Second Amendment
provided that Lots that are subject to the Agreement may be purchased by and in the name of either
Buyer or ASH of Ironbridge.
5. In the event the Agreement is terminated sooner than December 31, 2017, the parties
shall execute a release of this Memorandum of Agreement, and file said document in the records of
the Garfield County, Colorado Clerk and Recorder.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Purchase and
Sale Option Agreement effective as of the day and year first written above.
SELLER:
BUYER:
BLUE HERON PROPERIES, LLC ASPEN SIGNATURE HOMES, LLC
By: Blue Heron Management, LLC and its By: Manager I, LLC, its Manager
Manager
d /1 ZJL
es W. Light, Manag E. Llwyd Ecclestone, Jr., reside
ASPEN SIGNATURE HOMES OF
IRONBRIDGE, LLC
By: Manager I, LLC, its Manager
E. Llwyd Ecclestone, Jr., P silent
4
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Recept' an11• 850713
06126/2014 02.33:07 P11 Jean Rlberico
3 of 3 Rec Fae:$21.00 Doc Fee:0,00 GARFIELD COUNTY CO
STATE OF COLORADO )
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COUNTY OF Cxccrbnn i€I4 )
ci4.,The fore ing instrument was subscribed, sworn to and acknowledged before me this
2 day of 2014, by James W. Light, as Manager of Blue Heron
Management, , Manager of Blue Heron Properties, LLC.
DIANE S. ;� 1 LIAMS PERRY
NO ' e b ian and fficial seal.
STAT _ ; . - expi s:
NOTARY ID 2000402675
MY COMMISSION EXPIRES SEPT. 11, 2016
STATE OF ktigk )
COUNTY OF t'J�
The fore
day of
LLC, Manager of
ss.
s (61L0A,
Notary Public
oing instrument was subscribed, sworn to and acknowledged before me this
2014, by E. Llwyd Ecclestone, Jr. as President of Manager I,
pen Signature Homes, LLC.
Witness my hand and official seal.
My Commission expires: _
NANNETfEGAMMON
1dY0O8VAISSION # EE866322
EXPIRES: May 18. 2017
Bonded ihlu ibtuy Public Uni6wnleIs
STATE OF /moo- )
COUNTY OF
ss.
The fore 'ng instrument was subscribed, sworn to and acknowledged before me this
day of 2014, by E. Llwyd Ecclestone, Jr. as President of Manager I,
LLC, Manager of As n Signature Homes of Ironbridge, LLC.
Witness my hand and official s
My Commission expires:
NANNEITEGAMMON
MY COM3gS5ION A EE 866322
EXPIRES: May 18, 2017
Bonded Dm Notary Pia Undmilkste
.l
Notary Public