HomeMy WebLinkAboutresolution.council.010-03 RESOLUTION NO.
(SERIES OF 2003)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO.
APPROVING A CERTAIN SECOND AMENDMENT TO PRE-ANNEXATION
AGREEMENT RELATING TO THE BAR/X RANCH BETWEEN THE CITY OF ASPEN
AND THE BAR X RANCH LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE
SAME ON BEHALF OF THE CITY OF ASPEN.
WHEREAS. there has been submitted to the City Council a Second Amendment to Pre-
Annexation Agreement relating to the Bar/X Ranch between the City of Aspen and the Bar/X
Ranch LLC. a copy of which contract is annexed hereto as Exhibit A and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
That the City Council of the City of Aspen hereby approves that Second Amendment to
Pre-Annexation Agreement relating to the Bar/x Ranch between the City of Aspen and Bar/X
Ranch LLC in substantially the form as appended in Exhibit A, and does hereby authorize the
Mayor to execute said Second Amendment on behalf of the City of Aspen.
Dated: ~_,~t~,~, ,/~ ,2003.
HeSer~ Ka~ Kl~ffde~d, Mayor
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that resol~l~dopted by the'City Council of the City of Aspen,
Colorado, at a meeting held ~'~-..~_ tt-t> ,2003.
Kathryn S. ~f~h; ~ity Clerk
JPW-02/04/2003-G:\jolm\word\resos\zoline-2nd-amend.doc
CEB. 11.2803 ll:18AM CITY MAMAGERS OFFICE NO.611
SECOI'~rD _AZVIEI~TDM]iE~TT TO PRE-Ai~TNE~ON AGR]~,EMENT
BA~
THIS SECOND AdVI~'CDMENT ("Amendment") to the PR.E-ANNEXATION
AGREEMENT ("Agreement") is entered into and made on ,2003, by and
between the City of Aspen, a Colorado home role municipal corporation, whose address is 130
South Galena S~reet, Aspen, Colorado 81611. hereinafter referred xo as the "City"; and BarbX
Ranch LLC, a Colorado limited liability company, whose address is c/o Herbert S. Klein, Esq.,
201 N. Mil1 St. #203, Aspen, CO. 81611, hereinafter referred to as "Landowner". This
Amendment shall become effective following approval by the City Council of thc City of Aspen
evidenced by a duly approved resolution and by the execution of this Amendment by either the
City Manager, Mayor, or Mayor Pro-Tern and execution by the Landowner.
RECITALS AND REPRESENTATIONS
WHEREAS, City and Landowner have previously entered in¢o a Pre~Annexatiun
Agreemen~ for tie Landowner5 property known as the Bar/X Ranch; and
WHEREAS, City and Landowner previously entered into a Firs~ Amendment to Pre-
Annexation Agreembnt dated December 17, 2001; end
WHEREAS, the First Amendment to Pre-Annexation Agreemen¢ provides at paragraph 3
Iimt if the ~l approvals for the Free Market Component and the AffordabIc Housing
Component are not obtained by May l, 2003, the Pre-Annexation A~eement is null and void;
and
~I-IEREAS, the parties desire to amend tiffs provision of the Firs~ Amendment to Pre-
Annexation Agreement as more fully set forth hereh~i~er.
NOW THEREFORE, for good and valuable consideration including the mutual covenants and
promises contained herein, the sufficiency of said con?iteration being hereby ackuowledged, the
pames agree as follows:
1. DEVELOPMENT RIQHTS. The last sentence of paragraph ]C (on page 3) of the Pre-
A,~e, xation Agreement and paragraph 3 of the Fkst Amenclment to Pre-Annexation Agreement
is hereby deleted and replac~ with thc following:
In the event ttmt by December 31. 2003, or ~uch l~ter data as may be mumally
agreed upon by the parries heretO, the Aspen City Council does not approve all
requisite land use applications for thc final plat and related approvals for the Free
Market Componen~ with terms and conditions consistent with this agrecmen~ and
other conditions reasonably acceptable to Landowner, this Prc-annexati0n
Agreement shall terminate.
2. PRIOPJTY OF DOCUMENTS. In th6 event of any inconsistency between th~ provisions of
this Second Amendment and the prowsions of the First _kmcndment or original Agreement, the
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FEB,11,2003 li:lBAM CITY MANAGERS OFFICE NO.611 P.4
provisions of this Seband Amendment shall be givan paramount effect. Except as specifically
amended by this Second Amendment, the Agreement shall remain unchanged md in full force
and effect except as amended by the Fkst Amendment.
3. WAIVER. A waiver by any party re this Amendment of the breach of any Term or provision
of ~l~is Amendment shall not operate or be construed as a waiver of any subsec[uen~ breach by
either party.
4. B1NDINO EFFECT. The parties hereto agree that this Second Amendment, by its terms, shall
be bindLng upon the successors, heirs, legal representatives, and assigns thereof and shall
constitute covenants r,m,lng with the Property Proposed to be 2Mmexed. In the event that all or
par~ of the Property Proposed to 1se .Annexed is sold, transferred, or otherwise conveyed to
add/tional or mialtiple parties, ail owners shall be jointly and severally responsible for all terms,
conditions, and obligations set forth ia figs Second Amendment.
5. ADDITIONAL D(~CUMENTS OR. AC.TION, The parties agree m execute any additional
documents or take any addifiomd action that is necessm-y zo carry out this Second Amendment.
6. EXECUTION IN COUNTERPARTS. This Second Amendment may be executed in several
comxterparts, each of wh/ch shall be deemad an original and all of which shall constitute but one
and the same h~strument.
CITY OF ASPEN, a municipal corporation
ATTEST: APPROVED AS TO FOR/V~:
2
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FEB.'il. S009 tl:lgAM CITY MANAGERS OFFICE t0.611
LANDOWNER
Bar/X LLC, a Colorado I,imitcd Liability Company
By: Oary Finkel, Trustee of the Survivors Trust Under the Zoline Fcm{ly 1982 True,
STATE OF C~l~c~,k
)
. 2003, by ~ a~ ~/. ~d m
capacity ~ Trustee of the Survivors ~rust 0rider the Zoline
Family 1982 Trust
My commission expels: ~ ~ t ~ ~0~ ·
STATE OF COLO~O )
CO~ OF P~ )
Aclmawled~ed before me ~s ~ ~y of
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