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ININIVIIIINNN~nIIII~Ia~IIItlnIhININN z9'?'°5 <br />MEMORANDUM OF AGREE=MENT <br />(Public Service Company of Colorado-City of Louisville Right of First Purchase Agreement) <br />This Memorandum of Agreement is executed by the undersigned parties to place of <br />record that certain Right of First Purchase Letter Agreement (the "ROFP Agreement") <br />between the undersigned parties and dated December, 2007. <br />As provided in the ROFP Agreement, Public Service Company of Colorado (the <br />"Company") has granted to the City of Louisville (the "City") the right of first purchase on <br />any and all real property owned by the Company and located within the territorial <br />boundaries of the City of Louisville, and also on that certain unincorporated parcel of real <br />property owned by the Company, designated as Assessor's Parcel No. 157517300003 <br />and located at 9001 Dillon Road, Louisville, Colorado, before the Company may offer <br />such real property for sale to an unaffiliated third party. <br />The right of first purchase granted by the Company to the City is on the terms of <br />the ROFP Agreement. Such terms include, without lirrlitation, that the Company offer to <br />sell such real property to the City and that the City shall have 30 days after receipt within <br />which to accept the Company's offer. If accepted, the City and Company shall thereafter <br />have an additional 30 days within which to close the purchase. If the City fails to accept <br />the Company's offer or fails to close the purchase within the 30-day time periods set <br />forth in the ROFP Agreement, the Company shall have the right to sell the property to <br />any third party at any price it may wish. <br />This Memorandum of Agreement is not intended as a binding agreement and <br />shall not be construed to alter, affect, modify, vary, or liimit any of the terms of the ROFP <br />Agreement referenced herein or described above. This Memorandum of Agreement is <br />intended solely to place of record certain terms of the R;OFP Agreement. <br />Executed this /~ day of ~c.-lchrca , 200 . <br />CITY OF LOUISVILLE, C~LORADO PUIBLIC SERVICE COMPANY OF <br />I ~ ~ // _.. COLOIBADO <br />By: <br />908340.1 <br />12/14/07 <br />By:. U <br />1... ~ Riley <br />•e...• <br />Sfbr •••!~ Regi I Vice President <br />` Attest: <br />~~~ • <br />e <br />~'~ ~~ y Clerk Asst. ' ecretary <br />>, ::o~ <br />y~~V `,I~~ri: <br />~ o <br />•r <br />~SEAI,; <br />~oLti. 1924 .~ O <br />cOCORA00 <br />~ ~~ ~ ~~ V <br />