HomeMy WebLinkAbout106 - 09/03/2019 - AUTHORIZING THE TERMINATION OF THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTSTERMINATION OF DECLARATION OF COVENANTS,
CONDffiONS, RESI'RICfiONS AND EASEMENTS FOR
INVERNESS JNNOVATION PARK
THIS TERMINATION OF DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR INVERNESS INNOVATION
PARK ("Agreement"), is dated as of the 0f,tM day of 4~ , 2019 (the
"Effective Date"), by RMI2 Properties, LLC, a Colorado limited tab1hty company ("RMI2"),
Vine Drive Properties, LLC, a Colorado limited liability company ("Vine Drive"), and the City of
Fort Collins, a municipal corporation (the "City").
BACKGROUND OF AGREEMENT
The following Background Statements are provided to aid in the understanding and
interpretation of this Agreement:
A. The Declaration of Covenants, Conditions, Restrictions and Easements for
Inverness Innovation Park were recorded December 29, 2009, at Reception No. 20090089470 in
the records of the office of the Clerk and Recorder of Larimer County, Colorado (the
"Declaration").
B. Pursuant to the Declaration, the Owners of all of the Lots within the Property may
terminate the Declaration by executing a termination of declaration and recording the same in the
records ofthe Clerk and Record of Larimer County, Colorado.
C. RMI2, Vine Drive, and the City are the current owners (collectively referred to
herein as the "Owners") of all ofthe Lots within the Property.
D. The Owners desire to terminate the Declaration.
E. Capitalized terms not otherwise defined herein shall have the meanings given to
them in the Declaration.
NOW THEREFORE, the parties hereto agree as follows:
1. Termination of Declaration. By their signatures hereon,_ the Owners hereby agree
and declare that the Declaration is hereby terminated as of the Effective Date. From and after the
Effective Date, the Declaration shall have no further force or effect and shall no longer constitute
an encumbrance upon or against any of the Owners' respective properties.
2. Invalidity. If any provision or term of this Agreement is invalidated, such invalidity
shall not affect the validity of the remainder of this Agreement.
3. Counterparts. This Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
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EXHIBIT A
IN WITNESS WHEREOF, the Owners have caused this Termination of Declaration of
Covenants, Conditions, Restrictions and Easements for Inverness Innovation Park to be executed
as of the date shown by their respective signatures.
RMI2 Properties, LLC
a Colorado limited liability company
By:~ A-~ Date: _7~) 9--~-} -' /'--<--1 '- __
Michael A. Freeman, Manager
STATEOFCOLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _.f:: day of .:fo \ ~ ,
2019, by Michael A. Freeman, Manager of RMI2 Properties, LLC, a Colorado limit habiltty
company.
Witness my hand and official seal.
My commission expires: tv\Mh dd_I\A , ;l.t>:}.~
Nm~m~~~~------------~
AZJZASYED
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 20194011387
MY COMMISSION EXPIRES MARCH 22,1023
Page 2 of4
ATTEST:
City Clerk
(Print Name)
APPROVED AS TO FORM:
Judy Schmidt
Sr. Assistant City Attorney
STATE OF COLORADO )
)ss.
COUNTY OF .LARJMER )
THE CITY OF FORT COLLINS, COLORADO,
a Municipal corporation
By: ________ ___ _ _
Name: Darin A. Atteberry
Its: City Manager
Date: ____________ _
The foregoing instrument was acknowledged before me this __ day of _ ____ _
2019, by Darin A. Atteberry, City Manager of the City of Fort Collins, a municipal corporation.
Witness my hand and official seal.
My commission expires: _______ _
Notary Public
Page 4 of4
Vine Drive Properties, LLC
a Colorado limited liability company
By: ________________________ ___
DanielL. Ochsner, Member
STATE OF ___ _
COUNTY OF ___ ___
)
)ss.
)
Date: ---------------------
The foregoing instrument was acknowledged before me this __ day of----------"
2019, by DanielL. Ochsner, Member ofVine Drive Properties, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:----------
Notary Public
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