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Home My Public Portal AboutResolution 2015-10-04 Approving a Minor Amendment to the Rendezvous Annexation Agreement Amendment Regarding the Deadline for the Dedication of 4E Open Space and Authorizing Execution of the AgreementTOWN OF FRASER RESOLUTION NO. 2015-10-04 A RESOLUTION APPROVING A MINOR AMENDMENT TO THE RENDEZVOUS ANNEXATION AGREEMENT AMENDMENT REGARDING THE DEADLINE FOR DEDICATION OF 4E OPEN SPACE AND AUTHORIZING EXECUTION OF THE AGREEMENT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby approves the Minor Amendment to the attached Annexation Agreement Amendment for Rendezvous and authorizes the Mayor to execute the agreement. 2. All documents must be executed within ninety (90) days of the date of this Resolution or this approval shall no longer be effective. DULY MOVED, SECONDED AND ADOPTED THIS 4th DAY OF NOVEMBER, 2015. Votes in favor: LT BOARD TRUSTEES OF THE Votes opposed: I TOWN OF FRASER, COLORADO Absent: Abstained: BY: f-k,, J SOF F Mayo (I ATTEST: SE cc &Ac Town Clerk cOCORAOO RECEPTION#: 2016001820, 03/17/2016 at 09:22:33 AM, 1 OF 4, R $26.00, Additional Names Fee: Doc Code:AGR, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXHIBITS REFERRED TO ON THIS INSTRUMENT WERE NOT ATTACHED WHEN THE DOCUMENT WAS RECEIVED FOR RECORDING. ITIS ACCEPTED FOR RECORDING AS THE PARTY TENDERING SAME APPARENTLY CONSIDERS IT TO BE SUFFICIENT FOR HIS PURPOSES, THIRD AMENDMENT TO ANNEXATION AGREEMENT FOR RENDEZVOUS EAST MOUNTAIN THIS THIRD AMENDMENT TO ANNEXATION AGREEMENT FOR RENDEZVOUS EAST MOUNTAIN (this "Amendment") is made as of October 2015, by and between RENDEZVOUS COLORADO, LLC, a Colorado limited liability company ("Rendezvous") and the TOWN OF FRASER, a municipal corporation of the State of Colorado ("Fraser"). RECITALS: This Amendment is made with reference to the following facts: A. Rendezvous and Fraser are parties to that certain Amended and Restated Annexation Agreement dated as of June 4, 2003, and recorded in the Grand County, Colorado, real property records on December 30, 2003, at Reception No. 2003 016733; as amended by the First Amendment to Annexation Agreement dated as of November 2, 2005, and recorded November 8, 2005, at Reception No. 2005- 012708; as further amended by Amendment to Annexation Agreement for Rendezvous East Mountain (Amendment 2006-RZ1) dated as of January 1, 2006, and recorded November 1, 2006, at Reception No. 2006 011630, and as further amended by Second Amendment to Annexation Agreement for Rendezvous East Mountain dated as of October 6, 2010, and recorded , 2010 at Reception No. (collectively, the "Annexation Agreement"). Capitalized terms used in this Amendment have the meanings ascribed to them in the Annexation Agreement. B. Rendezvous is the Developer of the real property referred to as Rendezvous East Mountain, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. C. Section 17.9 of the Annexation Agreement, as amended, provides that modifications to the Annexation Agreement that directly and specifically affect only Rendezvous East Mountain may be agreed to in writing and signed by Fraser and Rendezvous or its designated successor Developer. D. Pursuant to Section 10.10 of the Annexation Agreement, the Developer agreed to dedicate or convey to Fraser the open space parcel designated as Planning Area 4E on the. 2003 PDD, which is located within Rendezvous East Mountain, with such dedication or conveyance to be completed upon the occurrence of certain events and in any case by October 31, 2010. A portion of said Planning Area 4E, described as Tracts 4E -1, 4E -2, 4E -3, 4E -4, 4E 5, 4E -6, 4E -7, 4E-8, 4E -9, 4E -10 and 4E -11, East Mountain Filing 1 (the "4E -Conveyed Property") has been previously conveyed to Fraser, but the remainder of said Planning Area 4E the "4E -Remainder Property') has not yet been dedicated or conveyed. E. Rendezvous, as the owner of the property encompassed by said 4E -Remainder Property, has requested an extension of the timeline for dedicating or conveying said property to Fraser, and Fraser is willing to agree to such an extension upon the terms and conditions provided in this Amendment. RECEPTION#: 2016001820, 03/17/2016 at 09:22:33 AM, 2 OF 4 Doc Code:AGR,Sara L. Rosene, Grand County Clerk and Recorder, Colorado AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of Fraser and Rendezvous, as more particularly set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Fraser and Rendezvous covenant and agree as follows: 1. Dedication Extension. With respect to Rendezvous East Mountain only, Section 10.10 of the Annexation Agreement is modified by extending the ultimate deadline for the dedication or conveyance of the 4E -Remainder Property to Fraser, from October 31, 2015 to October 31, 2020 (the "Extension Period"), subject to all of the conditions to the previous extension of the ultimate deadline for the dedication or conveyance of the same set forth in the Second Amendment to Rendezvous East Mountain (the "Second Amendment'), except that the Extension Fee described in Paragraph 2 of the Second Amendment payable on or before July 15 of each year shall continue through and including 2020. All other provisions of said Section 10.10 shall remain unchanged. During the Extension Period, Rendezvous shall continue to maintain the 4E -Remainder Property open space including trails upkeep. The trails will remain open for the public's use during the Extension Period. 2. Effect of Amendment. Except as expressly modified by this Amendment, the Annexation Agreement is unmodified, and is hereby ratified and affirmed, and will remain in full force and effect in accordance with its terms. 3. Governino Law. This Amendment will be governed by and construed in accordance with the laws of the State of Colorado. 4. Counterparts, This Amendment may be executed in one or more counterparts, each of which will be deemed to be an original, and all such counterparts taken together will constitute one and the same instrument. Signatures appear on foHowing pages] RECEPTION#: 2016001820, 03/17/2016 at 09:22:33 AM, 3 OF 4 Doc Code:AGR,Sara L. Rosene, Grand County Clerk and Recorder, Colorado IN WITNESS WHEREOF, Fraser and Rendezvous have executed this Amendment as of the day and year first set forth above. DEVELOPER: RENDEZVOUS COLORADO, LLC, a Colorado limited liability company (as to Rendezvous East Mountain) By: KOELBEL AND COMPANY, a Colorado Corporation, Manager STATE OF COLORADO ) ss: COUNTY OF Denver ) mak, The foregoing instrument was acknowledged before me this day of -Q 1, by Walter A. Koelbel, Jr. as President of Koelbel and Company, a Colorado corporation, Manager of Rendezvous Colorado LLC, a Colorado limited liability company. —' Witness my hand and official seal. My Commission expires: SUZANNE K. HOBBS NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20004026902 MY COMMISSION EXPIRES SEPT. 12, 201e RECEPTION#: 2016001820, 03/17/2016 at 09:22:33 AM, 4 OF 4 Doc Code:AGR, Sara L. Rosene, Grand County Clerk and Recorder, Colorado 0 OF p%, 0 SEAL QNk01RiA00- STATE OF COLORADO ss: COUNTY OF FRASER: TOWN OF FRASER, a municipal corporation of the State f plorado By )i Name Title rrNcjA.,v- j 201( 1j, The foregoing instrument was acknowledged before me this of b -N pyJ as roa,, -tiro Ie v.. of the Town of Fraser, a municipal corporation of the State of Coloradd. Witness my hand and official seal. xpires: Notary Public