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HomeMy WebLinkAboutCHOICE CENTER FILING 3 (FORMERLY 1721 S. COLLEGE TOWNHOMES) - PDP - PDP160042 - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS{00090681 2} SECOND AMENDMENT TO CROSS EASEMENT AGREEMENT THIS SECOND AMENDMENT TO CROSS EASEMENT AGREEMENT (“Second Amendment”) is made and entered into this [____] day of April, 2017, by and between JOHNSON INVESTMENTS, INC., a Colorado corporation (“Johnson”), and Core Fort Collins LLC, a Delaware limited liability company (“Core”). RECITALS: A. Johnson is the owner of the real property legally described on Exhibit A attached hereto and incorporated herein by reference (the “Johnson Tract”). B. Core, as successor in interest to Fort Collins Associates, L.P., the successor in interest to Halle Properties, L.L.C. (“Halle Properties”), the successor in interest to Halle-Von Voigtlander, a Michigan general partnership (“Voigtlander”), is the owner of the real property legally described on Exhibit B attached hereto and incorporated herein by reference (the “Core Tract”). The Core Tract is being redeveloped into townhomes. C. Johnson and Voigtlander made and entered into that certain Cross Easement Agreement dated January 30, 1990 and recorded February 7, 1990 at Reception No. 90005701 of the Larimer County, Colorado records (the “Original Easement Agreement”). D. Johnson and Halle Properties amended the Original Easement Agreement with that certain First Amendment to Cross Easement Agreement dated September 30, 2011 and recorded October 14, 2011 at Reception No. 20110062799 of the Larimer County, Colorado records (together with the Original Easement Agreement, the “Easement Agreement”). E. Pursuant to the terms of the Easement Agreement, Johnson and Core and their respective successors, assigns, tenants, employees and business invitees possess a perpetual reciprocal non-exclusive access and parking easement as more fully described in the Easement Agreement (the “Cross Easement”). F. Johnson and Core desire to amend and modify certain terms and provisions of the Easement Agreement. {00090681 2} 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. All portions of the Cross Easement other than that portion described on Exhibit C attached hereto and incorporated herein by reference (the “Remaining Cross Easement Area”) are hereby released and terminated. 2. The parking easement rights provided for in the Remaining Cross Easement Area are hereby released and terminated such that the only easement rights granted and remaining between the parties are the access easement rights provided for in the Easement Agreement. 3. Core, its successors, assigns, agents, employees, contractors and subcontractors shall have the right to enter upon all lands subject to the Cross Easement, as amended hereby, for the construction, installation, maintenance, repair, replacement and improvement of the improvements described on Exhibit D attached hereto and incorporated herein by reference. 4. Except as expressly amended or modified herein, all other terms and provisions of the Easement Agreement shall remain the same and are expressly ratified and affirmed by the parties hereto. In the event of any conflict between the terms and provisions of this Second Amendment and the terms and provisions of the Easement Agreement, the terms and provisions of this Second Amendment shall control. 5. The terms, covenants, conditions and provisions herein contained shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. [Signature page follows] {00090681 2} IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the day and year first above written. JOHNSON: JOHNSON INVESTMENTS, INC., a Colorado Corporation By: Its: CORE: CORE FORT COLLINS LLC, a Delaware limited liability company By: Convexity Management LLC Its: Manager By: Its: By: Core Campus Manager LLC Its: Manager By: Its: [Notary page follows] {00090681 2} STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ____ day of April, 2017, by _____________________________, as ___________________________ of Johnson Investments, Inc., a Colorado Corporation. WITNESS my hand and seal. My commission expires: ____________ Notary Public STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) The foregoing instrument was acknowledged before me this ____ day of April, 2017, by _____________________________, as ___________________________ of Convexity Management LLC, a Delaware limited liability company, a Manager of Core Fort Collins LLC, a Delaware limited liability company. WITNESS my hand and seal. My commission expires: ____________ Notary Public STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) The foregoing instrument was acknowledged before me this ____ day of April, 2017, by _____________________________, as ___________________________ of Core Campus Manager, LLC, a Delaware limited liability company, a Manager of Core Fort Collins LLC, a Delaware limited liability company. WITNESS my hand and seal. My commission expires: ____________ Notary Public {00090681 2} EXHIBIT A Johnson Tract {00090681 2} EXHIBIT B Core Tract {00090681 2} EXHIBIT C Remaining Cross Easement Area {00090681 2} EXHIBIT D Improvements LOT 3 CHOICE CENTER COLLEGE AVENUE CHOICE CENTER DRIVE BUILDING A CHOICE CENTER © CITY OF FORT COLLINS, CO CHOICE CENTER CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SITUATED IN THE SOUTHEAST QUARTER SECTION 17, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN Know what's below. NORTH Call before you dig. 2A SITE PLAN AMENDMENT N PROJECT LOCATION S. COLLEGE AVE. PROSPECT AVE. STUART ST. W. LAKE ST. PARKER ST. CENTRE AVE. BAY RD. REMINGSTON ST. COLORADO STATE UNIVERSITY COLORADO & SOUTHERN RR PLANNING APPROVAL SPRING CREEK SITE PLAN NOTES LEGEND SHEET INDEX LOT 3 CHOICE CENTER COLLEGE AVENUE CHOICE CENTER DRIVE BUILDING A CHOICE CENTER © CITY OF FORT COLLINS, CO NORTH EX - C CROSS ACCESS EASEMENT N PROJECT LOCATION S. COLLEGE AVE. PROSPECT AVE. STUART ST. W. LAKE ST. PARKER ST. CENTRE AVE. BAY RD. REMINGSTON ST. COLORADO STATE UNIVERSITY COLORADO & SOUTHERN RR SPRING CREEK LEGEND CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SITUATED IN THE SOUTHEAST QUARTER SECTION 17, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN LOT 3 CHOICE CENTER COLLEGE AVENUE CHOICE CENTER DRIVE 4" WHITE STRIPE FOR CROSSWALK IMPROVED ACCESS DRIVE RETAINING WALL (TYP.) ADA ACCESSIBLE SIDEWALK RAMP EDGE OF PROPOSED PAVING PROPOSED SIDEWALK (TYP.) BUILDING A CHOICE CENTER © CITY OF FORT COLLINS, CO CHOICE CENTER CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SITUATED IN THE SOUTHEAST QUARTER SECTION 17, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN NORTH EX - D LOT 3 IMPROVEMENTS N PROJECT LOCATION S. COLLEGE AVE. PROSPECT AVE. STUART ST. W. LAKE ST. PARKER ST. CENTRE AVE. BAY RD. REMINGSTON ST. COLORADO STATE UNIVERSITY COLORADO & SOUTHERN RR SPRING CREEK LEGEND COLLEGE AVENUE CHOICE CENTER DRIVE LOT 2 CHOICE CENTER LOT 3 CHOICE CENTER EXISTING PRIVATE CROSS ACCESS EASEMENT REC. NO. 90005701 TO BE VACATED. © CHOICE CENTER THIRD FILING FORT COLLINS, CO 80525 CHOICE CENTER THIRD FILING EX - E CROSS ACCESS EXCLUDED EXHIBIT LEGEND NORTH