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<br />PURCHASE CONTRACT TO BUY AND SELL REAL ESTATE
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<br />TillS CONTRACT is made and entered into this _ day of , 2007, by and
<br />between the City of Louisville, a Colorado home rule municipal corporation, hereinafter referred to
<br />as "City" or "Purchaser", and Andrew Damyanovich Trust and Lillian J. Damyanovich Trust,
<br />hereinafter referred to as "Damyanovich" or "Seller".
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<br />NOW, THEREFORE, for and in consideration of the promises, payment, covenants, and
<br />undertakings hereinafter set forth, and other good and valuable consideration, which is hereby
<br />acknowledged and receipted for, the Purchaser and Seller agree as follows:
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<br />PROPERTY AND PURCHASE PRICE
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<br />1. Purchaser hereby agrees to purchase, and Seller agrees to sell, on the terms and
<br />conditions set forth in this Contract, the following described real property and interests in real estate,
<br />hereinafter collectively referred to as the "Property", located in the County of Boulder, Colorado,
<br />and situated in the NEl/4 of the SWl/4 of Section 13, TIS, R70W, 6th P.M., to wit:
<br />
<br />a. Fee simple estate in a tract ofland containing approximately 7.80 acres, more or less,
<br />and hereinafter referred to as Parcell; and a tract of land containing approximately 5.00
<br />acres, more or less, and hereinafter referred to as Parcel 2 (collectively, the "Parcels"),
<br />together with all easements and other appurtenances thereto; all oil, gas, and other minerals
<br />owned by Seller and appurtenant thereto; and all improvements, structures and fixtures
<br />thereon at the time of execution hereof;
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<br />b. Fee simple estate in the following water rights, which are hereinafter collectively
<br />referred to as the "Water Rights":
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<br />(i) One (1) share of the capital stock of The Farmers Reservoir and
<br />Irrigation Company (Marshall Lake Reservoir Division) ("FRICO") represented by Stock
<br />Certificate No. 5986; and
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<br />(ii) All water and water rights and ditch and ditch rights associated with
<br />the Chaussard Ditch, decreed in Case No. 14183, with an adjudication date of July 17, 1961,
<br />an appropriation date of August 31, 1916, and Administration No. 37891.24349; and
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<br />(iii) All interests of Seller in other water and water rights, ditches and
<br />ditch rights, wells and well rights, springs and spring rights, lateral rights or shares in lateral
<br />companies, and any other vested or inchoate rights and interests in surface and subsurface
<br />water, if any, attached or appurtenant to, or used for irrigation of the Parcels; and
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<br />(iv) All llnterests of Seller in any easements, ditches, diversion boxes,
<br />irrigation facilities and other water conveyance structures, whether located on or off the
<br />Parcels, that are used to convey any water yielded by the Water Rights to the Parcels.
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