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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. Page 1 of4 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 Page 3 of4