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HomeMy WebLinkAbout10675ORDINANCE NO. 10675 AN ORDINANCE APPROVING AN ASSIGNMENT AND ASSUMPTION BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND BIF IV INTREPID OPCO LLC, A DELAWARE LIMITED LIABILITY COMPANY ASSIGNING ALL RIGHTS, TITLE, INTEREST, AND OBLIGATIONS OF BIF IV INTREPID OPCO LLC TO INTREPID PUEBLO LLC, A DELAWARE LIMITED LIABILITY COMPANY WHEREAS, BIF IV Intrepid OpCo, LLC has previously entered into two agreements with the City of Pueblo including a License Agreement dated April 11, 2022 and an Exchange Agreement dated January 5, 2023; and WHEREAS, BIF IV Intrepid OpCo, LLC has requested that its rights, title, interest, and obligations under those agreements with the City be transferred to a new entity, Intrepid Pueblo, LLC; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Assumption and Assignment between the City of Pueblo, a Colorado Municipal Corporation, BIF IV Intrepid OpCo, LLC, a Delaware limited liability company, and Intrepid Pueblo, LLC, a Delaware limited liability company, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the Assignment and Assumption in the name of the City. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 11, 2024. Final adoption of Ordinance by City Council on March 25, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 25, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING AN ASSIGNMENT AND ASSUMPTION BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND BIF IV INTREPID OPCO LLC, A DELAWARE LIMITED LIABILITY COMPANY ASSIGNING ALL RIGHTS, TITLE, INTEREST, AND OBLIGATIONS OF BIF IV INTREPID OPCO LLC TO INTREPID PUEBLO LLC, A DELAWARE LIMITED LIABILITY COMPANY SUMMARY: Attached is an Ordinance approving an Assignment and Assumption PREVIOUS COUNCIL ACTION: City Council passed Ordinance No. 10148 on April 11, 2022, approving a license agreement with BIF IV Intrepid OpCo, LLC. City Council passed Ordinance No. 10380 on February 13, 2023, approving an exchange agreement with BIF IV Intrepid OpCo, LLC. BACKGROUND: BIF IV Intrepid OpCo, LLC has previously entered into two agreements with the City of Pueblo including a License Agreement dated April 11, 2022 and an Exchange Agreement dated January 5, 2023. BIF IV Intrepid OpCo, LLC has requested that its rights, title, interest, and obligations under those agreements with the City be transferred to a new entity, Intrepid Pueblo, LLC. FINANCIAL IMPLICATIONS: Not applicable to this Ordinance. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to approve this Assignment and Assumption will require Intrepid Pueblo, LLC to enter into new agreements with the City rather than assuming the assignment of the existing agreements. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Intrepid - Assignment of City of Pueblo License Agreement (Final)