HomeMy WebLinkAboutRIGDEN FARM/SPRING CREEK FARM - REZONE - 56-98 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSSTATE OF COLORADO )
ss.
COUNTY OF LARIMER )
u The foregoing instrument was acknowledged before me this
day of , 1998, by Fred L. Croci, as President
of Wolverine M na ment Group, Inc., a Colorado Corporation, as
Manager of AIM GROUP, LLC, a.Colorado Limited Liability Company.
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(HF&M 07/06/98) - 5 -
IN WITNESS WHEREOF, the parties have signed this Zoning
Authorization Agreement on the day and year first above written.
SPRING CREEK FARMS LIMITED LIABILITY
COMPANY, a Colorado Limited
Liability Company
By
N me/ it C4,
"Spring Creek"
AIM GROUP, LLC, a Colorado
Limited Liability Company
By: Wolverine Management Group,
Inc., a Colorado
Corporation, Manager
Fred L. Cro(Yi, President
"AIM Group"
STATE OF COLORADO
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
8th day of July , 1998, by Calvin Johnson , as
Manager of SPRING CREEK FARMS LIMITED LIABILITY COMPANY, a
Colorado UiXgggtslability Company.
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(HF&M 07/06199) - 4 -
3. Information to Spring Creek. AIM Group shall provide to
Spring Creek copies of all petitions, applications, requests and
other documents submitted or to be submitted to the City promptly
after preparation and completion of the same. AIM Group shall
endeavor to keep Spring Creek informed as to all pending actions
relating to such rezoning, including the time, date and place of
hearings, presentations and similar items. Copies of
correspondence, minutes, staff comments and similar items provided
to AIM Group relating to such rezoning shall be promptly forwarded
to Spring Creek for its review. Spring Creek shall have the right
to request, from time to time, such additional information in the
possession of AIM Group as Spring Creek shall reasonably require in
order to keep it reasonably informed as to the status of matters
relating to the rezoning of the Property.
4. Indemnification. AIM Group shall indemnify and hold
Spring Creek harmless from and against any and all costs or
expenses which may be sustained or incurred as a result of the
rezoning of the Property to a zoning classification acceptable to
AIM Group.
5. Term. All rights, powers and authority of AIM Group to
exercise the foregoing powers shall commence and be in full force
and effect as of 12:01 a.m. on the date of this Agreement and shall
continue until the earlier of the following:
A. The closing of the purchase and sale of the Property
by AIM Group and/or its assigns; or
B. February 25, 1999.
(HF@M (Y7I06198) - 3
NOW, THEREFORE, for good and valuable consideration, the
receipt and adequacy of which are hereby confessed and
acknowledged, the parties hereto agree as follows:
1. Grant of Authority. Spring Creek does hereby make,
constitute and designate AIM Group, its agent and attorney in fact,
in its name and for its benefit, to exercise or perform any act,
power or right relating to the rezoning of the Property to such
zoning classification as shall be acceptable to AIM Group,
including, without limitation, the right and authority to submit
petitions, applications and requests to the City for rezoning of
the Property in accordancewith the Code of the City of Fort
Collins and the Fort Collins Land Use Code. This foregoing grant
and authorization shall include the authority to undertake all such
action as shall be reasonably necessary in connection with the
rezoning of the Property to a zoning classification acceptable to
AIM Group. Notwithstanding the foregoing, in no event shall
AIM Group be authorized to incur any financial liability on behalf
of Spring Creek in connection with such rezoning of the Property.
2. Execution of Documents. AIM Group is authorized to
execute petitions, applications, requests and other documents
required by the City relating to the rezoning of the Property upon
such terms and conditions as AIM Group may deem proper and, in the
name of Spring Creek, to make, execute, acknowledge and deliver the
aforementioned documents, together with all other instruments
necessary to rezone the Property to a zoning classification.
acceptable to AIM Group.
(HF&M 07106/98) - 2 -
ZONING AUTHORIZATION AGREEMENT
7S AGREEMENT is made and entered into this �day of
1998, by and between SPRING CREEK FARMS LIMITED
BILITY COMPANY, a Colorado Limited Liability Company, the
ddress of which, for purposes of this Agreement, is 3432 Carlton
Avenue, Fort Collins, Colorado 80525 ("Spring Creek"), and AIM
GROUP, LLC, a Colorado Limited Liability Company, the address of
which, for purposes of this Agreement, is 149 West Harvard,
Suite 401, Fort Collins, Colorado 80525 ("AIM Group").
RECITALS
1. Spring Creek and AIM Group previously entered into a
Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate
dated May 1, 1998 ("Purchase Contract").
2. Pursuant to the terms of the Purchase Contract, Spring
Creek has agreed to sell and AIM Group has agreed to purchase the
real property described on Exhibit "A" attached hereto and
incorporated herein by reference ("Property").
3. The Purchase Contract provides for cooperation by Spring
Creek in connection with the development of the Property.
4. Spring Creek desires to authorize and appoint AIM Group
to take such action as shall be required by the City of Fort
Collins, Colorado ("City"), to rezone the Property in a manner
acceptable to AIM Group.
(HF&M 07106/98)