HomeMy WebLinkAboutresolution.council.093-93
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RESOLUTION NO. 23
Series of 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT WHEREBY THE
INTERESTS OF PEARCE EQUITIES GROUP II LIMITED LIABILITY COMPANY IN A
CERTAIN WATER SERVICE AGREEMENT DATED JULY 26, 1993, SHALL BE
ASSIGNED TO MAROON CREEK LIMITED LIABILITY COMPANY; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an Assignment and Assumption
Agreement whereby Pearce Equities Group II Limited Liability Company assigns to Maroon
Creek Limited Liability Company all its right, title and interest in and to that Water Service
Agreement dated July 26, 1993, among assignor, the City of Aspen, Arthur O. Pfister, Elizabeth
H. Pfister, the SEP Residence Trust, the CDP Residence Trust and the Aspen Skiing Company,
a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approves that Assignment and
Assllmption Agreement referenced hereinabove, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the Mayor to execute said agreement on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the /3 day of ~l993.
Pro Tem
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I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
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#365464 01/07/94 11:06 Rae $15aOO BK 737 PG 899
Silvia Davi!5. Pitkin C:nty Clerk, Doc $.c)c)
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS Assignmen~ And ~ssumption Agreement is entered into this
/'" day of ./I,1ic'c'/',.1 J;',___' , 1993, between PEARCE EQUITIES
GROUP II LIMITED LIABILiTY COMPANY, A UTAH LIMITED LIABILITY
COMPANY ("Assignor") and MAROON CREEK LIMITED LIABILITY COMPANY, A
COLORADO LIMITED LIABILITY COMPANY ("Assignee").
In consideration of the payment by Assignee to Assignor of Ten
Dollars ($10.00) and other good and valuable consideration, receipt
of which is hereby acknowledged, Assignor hereby assigns to
Assignee all Assignor's right, title and interest in and to that
Water Service Agreement dated July 26, 1993 among Assignor, the
city of Aspen, Arthur O. Pfister, Elizabeth H. Pfister, the SEP
Residence Trust, the COP Residence Trust and .the Aspen skiing
Company (the "Water Service Agreement"). Assignee hereby agrees to
assume all obligations of Assignor under the terms of the Water
Service Agreement.
PEARCE EQUITIES GROUP II LIMITED
LIABILITY COMPANY, A UTAH LIMITED
LIABILITY COMPANY
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James T. Pearce, Jr ;; Member
MAROON CREEK LIMI'~
COMPANY, A COLORADO
LIABILITY COMPANY
By: PEARCE EQUITIES GROUP II LIMITED
LIABILITY COMPANY, A UTAH LIMITED
LIABILITY COMPANY, MANAGER
/1
LIABILITY
LIMITED
By:L 7/Z--?~..
ames T. Pearce, J ., Member
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The fpregoing instrument was acknowledged before,me this ///
day of d4Y~o/~~ 1993, by James T. Pearce, Jr. as a member of
Pearce Equities Group II Limited Liability Company, a Utah limited
liability company.
WITNESS my hand and official seal.
My
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
The f~egoing instrument was acknowledged before me this ~.
day of ./t@w~mfVr,?-1993, by James T. Pearce, Jr. as a member of
Pearce Equities Group II Limited Liability Company, a Utah limited
liability company, Manager of Maroon Creek Limited Liability
company, a Colorado limited liability company.
. _~ITNESS my hand and official seal.
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In consideration of the receipt of Ten Dollars ($10.00) from Pearce
Equities Group II Limited Liability Company, a Utah limited
liability company, and in consideration of the personal guarant~e
of James T. Pearce, Jr., as set forth below, the City of Aspen
hereby consents to the above Assignment and Assumption Agreement,
pursuant to the terms of Paragraph 39 of the Water Service
Agreement dated July 26, 1993.
THE CITY OF ASPEN, COLORADO, A
MUNICIPAL CORPORATION
ATTEST:
Clerk
'L Mayor Pro Tem
GUARANTEE
James T. Pearce, Jr., in consideration of the consent of the city
of Aspen to the above Assignment and Assumption Agreement, hereby
personally guarantees to the City of Aspen the performance by
Maroon Creek Limited Liability Company, a Colorado limited
liability company, and all of its members, successors and assigns,
including, but not limited to Arthur O. Pfister and Elizabeth H.
Pfister, of all obligations and duties originally imposed upon
Pearce Equities Group II Limited Liability company, a Utah limited
liability company, by the Water Service Agreement dated July 26,
1993.
ft
ames T. Pearce,
individually
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
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The foregoing instrument was acknowledged before me this ~/
Of1JjiAi"~,7I'MJ{!r 1993, by James T. Pearce, Jr., individually.
WITNESS my hand and official seal.
My commission expires:
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otary Public
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