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HomeMy WebLinkAbout12074RESOLUTION NO. 12074 A RESOLUTION APPROVING MODIFICATION AGREEMENT NO. 4 BETWEEN THE CITY OF PUEBLO, PUEBLO SPRINGS RANCH, LLC AND PUEBLO SPRINGS RANCH II, LLC RELATING TO MODIFICATION OF THE TERM “TRIGGERING EVENT” SET FORTH IN THE WARRANTY DEED AND RIGHT OF REVERSION DATED OCTOBER 22, 2007, AND MODIFIED ON DECEMBER 31, 2007, DECEMBER 22, 2008 AND FURTHER MODIFIED ON JANUARY 11, 2010 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Modification Agreement No. 4 dated January 24, 2011 between the City of Pueblo, Pueblo Springs Ranch, LLC and Pueblo Springs Ranch II, LLC relating to modification of the term “Triggering Event” set forth in the Warranty Deed and Right of Reversion dated October 22, 2007, modified on December 31, 2007, December 22, 2008 and further modified on January 11, 2010 has been modified again on January 24, 2011, copies of which are attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Modification Agreement No. 4 changes the dates of the Triggering Event as follows: the Grantors’ Property is not annexed to the City on or before January 31, 2013, or Grantee, on or before January 31, 2013, transfers, sells or conveys the Property or any portion thereof without Grantors’ prior written consent, which consent may not be unreasonably withheld or conditioned. SECTION 3. The President of the City Council is authorized to execute and deliver Modification Agreement No. 4 in the name of the City and the City Clerk is directed to affix the seal of the City thereto, attest same, and record an executed and acknowledged original thereof. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: January 24, 2011 BY: Larry Atencio Background Paper for Proposed RESOLUTION DATE: JANUARY 24, 2011 AGENDA ITEM # M-15 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING MODIFICATION AGREEMENT NO. 4 BETWEEN THE CITY OF PUEBLO, PUEBLO SPRINGS RANCH, LLC AND PUEBLO SPRINGS RANCH II, LLC RELATING TO MODIFICATION OF THE TERM “TRIGGERING EVENT” SET FORTH IN THE WARRANTY DEED AND RIGHT OF REVERSION DATED OCTOBER 22, 2007, AND MODIFIED ON DECEMBER 31, 2007, DECEMBER 22, 2008 AND FURTHER MODIFIED ON JANUARY 11, 2010 ISSUE Shall City Council approve Modification Agreement No. 4? RECOMMENDATION Approve the Modification Agreement. BACKGROUND Pursuant to the Warranty Deed and Right of Reversion dated October 22, 2007, including Modification Agreement No. 1 dated December 31, 2007, Modification Agreement No. 2 dated December 22, 2008, and Modification Agreement No. 3 dated January 11, 2010 between the City and Pueblo Springs Ranch, LLC, title to the property described therein commonly referred to as the “Lariat” will revert to Pueblo Springs Ranch, LLC in the event of the occurrence of a Triggering Event. Modification Agreement No. 4 changes the dates of the Triggering Event as follows: the Grantors’ Property is not annexed to the City on or before January 31, 2013, or Grantee, on or before January 31, 2013, transfers, sells or conveys the Property or any portion thereof without Grantors’ prior written consent, which consent may not be unreasonably withheld or conditioned. FINANCIAL IMPACT None. Reception 1871515 04/01/2011 MODIFICATION AGREEMENT NO. 4 THIS MODIFICATION AGREEMENT NO 4 is entered into as of January 24, 2011 by and between Pueblo Springs Ranch, LLC ( "Grantor) and Pueblo Springs Ranch II LLC ( "Additional Grantor ") and the City of Pueblo ( "Grantee ") WHEREAS, Grantor and Grantee made and executed Warranty Deed and Right of Reversion dated October 22, 2007 and recorded on November 8, 2008 as Reception No 1748310 of the records of the Pueblo County Clerk and Recorder ('Deed "), and WHEREAS, Grantor and Grantee made and executed a Modification Agreement dated December 31, 2007 and recorded on January 23, 2008 at Reception No 1755620 of the records of the Pueblo County Clerk and Recorder, and WHEREAS, Grantor and Grantee made and executed a Modification Agreement dated December 22, 2008 and recorded on January 14, 2009 at Reception No 1792907 of the records of the Pueblo County Clerk and Recorder, and WHEREAS, Grantor and Grantee made and executed a Modification Agreement dated January 11, 2010 and recorded on February 17, 2010 at Reception No 1833476 of the records of the Pueblo County Clerk and Recorder, and WHEREAS, Additional Grantor has acquired an interest in Grantor's Property, and WHEREAS, Grantor, Additional Grantor and Grantee desire to modify and amend the term "Triggering Event" as defined in the Deed. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, Grantor, Additional Grantor and Grantee agree as follows 1 The term "Triggering Event" set forth in Paragraph 3 of the Deed is hereby modified and amended to read as follows As used in the Deed, "Triggering Event" means the occurrence of any of the following_ the Property is not annexed to the city on or M _ _�_ _ before January 31, 2008, the Grantor's Property is not annexed to the City on or before January 31, 2013, or Grantee, on or before January 31, 2013, transfers, sells or conveys the Property or any portion thereof without Grantor's prior consent, which consent may not be unreasonably withheld or conditioned 2. The Deed as amended and modified herein shall remain in full force and effect, binding upon and inuring to the benefit of Grantor, Additional Grantor and Grantee IN WITNESS WHEREOF, Grantor Additional Grantor and Grantee have caused this Modification Agreement to be executed on the day and year first above written GRANTOR PUEBLO SPRINGS RANCH, LLC A Nevada Limited Liaility Company Name / 4 4 , , Title ia STATE OF A C H ) ) ss COUNTY OF C. `►� g . \L ) The foregoing instrument was acknowledged before me this ( ,),0- day of , 20 I t , by MIr,hPitt [}r 5s c r , the M � n A - ` 9) c r of Pueblo Springs R nch, LLC, a Nevada Limited Liability Company, on behalf of the company Witness my hand and official seal My commission expires. ) -3 0 [SEAL] efr, • _` u.Ali .■11■1111 Notary Public T. DAVENPORT pubes, stele of Nevada ' ADDITIONAL GRANTOR Na. 04-445.13 -t MV APPT. INNtes Jan 30,2012 PUEBLO SPRINGS RANCH II, LLC A Nevada Limited Liability Company By Name Title — STATE OF ) ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by , the of Pueblo Springs Ranch II LLC, a Colorado Limited Liability Company, on behalf of the company Witness my hand and official seal My commission expires. [SEAL] Notary Public GRANTOR. 111 PUEBLO SPRINGS RANCH, LLC A Nevada Limited Liability Company By Name Title STATE OF ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , , the of Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company, on behalf of the company Witness my hand and official seal My commission expires. [SEAL] Notary Public ADDITIONAL GRANTOR PUEBLO SPRINGS RANCH II, LLC A Colorado Limited Liability Company By .�ejd" 24 • .�°rZ a Name. 1� t 67-f Q S, Alma Title MA44160 STATE OF /�w4 p/J ss. COUNTY OF Cl/ ,q/( The foregoing instrument was acknowledged before me this /O day of g t he Aik 44{ rZ 2011_, by vKfoF� S 1169424u, of Pueblo Springs anch 11, LLC, a Colorado Limited Liability Company, on behalf of the company ERIC RHEE Witness my hand and official seal !c �I STATE OF NEVADA My commission expires. Oh -02- "419 My Qomnn Expires: : 6-014 CNo:10.23781 [SEAL] otary Public GRANTEE CITY OF PUEBLO, A MUNICIPAL CORPORATION ' l' v s x� By Li, "�'! / Ar Pre of th ity Council Wild W Att �F ° City Ierk x .k Fi�i:: STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instru ent was acknowledged before me this oli- - day of jGch ua f4f , 20! !) , by u , k �� , President of the City Council of the City of Pueblo, a Municipal oriration and Gina Dutcher , City Clerk of the City of Pueblo, a Municipal Corporation Witness my hand and official seal M commission expires. S / 7 �Zt"/ / Notary Public '°08110 i