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HomeMy WebLinkAbout1988-024-02/09/1988-MODIFY TERMS SOUTHRIDGE GREENS AGREEMENT RESOLUTION 88-24 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO MODIFY THE TERMS OF THE SOUTHRIDGE GREENS AGREEMENT WHEREAS, the City of Fort Collins entered into an agreement entitled Southridge Greens Agreement, effective June 3, 1986, wherein the City and other parties agreed to certain terms regarding the management of the Southridge Greens golf course and the payment to the City of money therefrom and from the sale of adjoining development property; and WHEREAS, pursuant to the terms of the Southridge Greens Agreement, the City is to receive income from the operation of the golf course and development income, with a limitation that the lots at Southridge Greens in which the City has an interest will be sold only in the ordinary course of business and that certain tracts of property would not be sold in bulk without prior written approval of the City and Foxridge II , a lienholder; and WHEREAS, the City has received a request from Columbia Savings, the senior lienholder, and the developers of the property to permit the sale of unimproved parcels of property in which the City has a lien interest as a bulk sale, and in exchange therefor the City will receive consideration in the form of Fifty Thousand Dollars ($50,000) and one half of assignments to the City of development related utility and street repay agreements which are the property of the developer, Bucain Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 1 . The City Manager is authorized to give consent to Bucain Corporation to sell any unimproved parcels in bulk located within the Southridge Greens Subdivisions upon assignment to the City by Bucain Corporation of one half of any development repay rights which it owns for any and all public improvements serving the Southridge Greens Subdivisions and Fifty Thousand Dollars ($50,000) cash. 2. The City Manager is authorized to execute any and all necessary agreements or documents, to accept assignment of repay agreements owned by Bucain Corporation for the Southridge Greens Subdivision, and to apply any money or proceeds received therefrom toward the balance owing to the City or guaranteed to the City by Bucain Corporation, Clifford J. Buckley and Bernard L. Cain, Jr. , according to the terms of the Southridge Greens Agreement dated June 3, 1986. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins held this 9th day of February, A. 1'p8. C May$f �27� �EST:* City Clerk