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HomeMy WebLinkAboutItem #5 Termination of Road Improvement AgreementWhen Recorded Return to: SimonCRE Prospector, LLC 6900 East 2nd Street Scottdale, Arizona 85251 Attention: Joe Acker TERMINATION OF ROAD IMPROVEMENT AGREEMENT This Termination of Road Improvement Agreement ("Termination") is made and entered into this day of , 2025, by and between SIMONCRE PROSPECTOR, LLC, an Arizona limited liability company ("Simon"), TARGET CORPORATION, a Minnesota corporation ("Targe and THE CITY OF CHUBBUCK, a municipal corporation (the "City"). WHEREAS Simon and Target, as successors in interest to Pine Ridge Mall JC, L.L.C., a Missouri limited liability company, as successor in interest to Pine Ridge Mall Development Company, a Utah limited partnership, and the City entered into a Road Improvement Agreement dated February 28, 1986 and recorded on March 25, 1986, as Bannock County, Idaho Instrument No. 768184 (the "RIA") regarding certain road improvements to Hawthorne Road for the regional shopping mall commonly known as Pine Ridge Mall as legal described on Exhibit A attached hereto and made a part hereof (the "PropertX"). NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, Simon, Target, and City agree that all work contemplated under the RIA has been completed, or the intent of the RIA has otherwise been satisfied through later development and construction so further work under the RIA is otherwise unnecessary, and the RIA is hereby terminated and of no further force and effect with respect to the Property, to the extent that property is owned by Simon or Target. For purposes of clarity, Target had no liability or responsibility pursuant to the terms of the RIA. This Termination does not alter any duties of maintenance or to otherwise comply with other legal requirements, including those regarding Pine Ridge Road. IN WITNESS WHEREOF, the parties have executed this Termination as of the date first above written. [SIGNATURE AND ACKNOWLEDGMENT FOLLOWS] DMS_US.370155726.2 CITY OF CHUBBUCK, a municipal corporation Mayor ATTEST: City Clerk STATE OF ) ss. COUNTY OF ) On this day of 2025, before me, the undersigned notary public, in and for said State, personally appeared and , known to me to be the Mayor and City Clerk, respectively, of the municipal corporation that executed the within instrument, or the persons who executed the instrument on behalf of the municipal, and acknowledged to me that such municipal corporation executed the same. Notary Public My Commission Expires: DMS_US.370155726.2 SIMONCRE PROSPECTOR, LLC, an Arizona limited liability company Joshua Simon, its Manager STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me this day of 2025, by Joshua Simon, the Manager of SimonCRE Prospector, LLC, an Arizona limited liability company, on behalf of such limited liability company. Notary Public My Commission Expires: DMS_US.370155726.2 TARGET CORPORATION, a Minnesota corporation an STATE OF MINNESOTA ) ss. COUNTY OF ) , its This instrument was acknowledged before me this day of 2025, by , the of Target Corporation, a Minnesota corporation, on behalf of such corporation. Notary Public My Commission Expires: Exhibit A Property DMS_US.370155726.2 RESOLUTION NO. 2025 - A RESOLUTION OF THE CITY OF CHUBBUCK, IDAHO, APPROVING THE TERMINATION OF THE ROAD IMPROVEMENT AGREEMENT BY AND BETWEEN SIMONCRE PROSPECTOR, LLC, AN ARIZONA LIMITED LIABILITY COMPANY AND TARGET CORPORATION, A MINNESOTA CORPORATION, AS SUCCESSORS IN INTEREST TO PINE RIDGE MALL JC, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY, AS SUCCESSOR IN INTEREST TO PINE RIDGE MALL DEVELOPMENT COMPANY, A UTAH LIMITED PARTNERSHIP, AND THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION AND RECORDED ON MARCH 25, 1986, AS INSTRUMENT NO. 768184 RELATING TO CERTAIN ROAD IMPROVEMENTS FOR THE REGIONAL SHOPPING MALL COMMONLY KNOWN AS PINE RIDGE MALL; AND AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER SAID TERMINATION AGREEMENT ON BEHALF OF THE CITY OF CHUBBUCK. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, as follows: WHEREAS, on or about February 28, 1986, SimonCRE Prospector, LLC, an Arizona limited liability company, and Target Corporation, a Minnesota corporation, as successors in interest to Pine Ridge Mall JC, L.L.C., a Missouri limited liability company, as successor in interest to Pine Ridge Mall Development Company, a Utah limited partnership, and the City of Chubbuck entered into a Road Improvement Agreement recorded on March 25, 1986, as Instrument No. 768184. WHEREAS, the Mayor and City Council desire to now approve the Termination of Road Improvement Agreement, with respect to property owned by SimonCRE Prospector, LLC and Target Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, as follows: Section 1. The Termination of Road Improvement Agreement between the City of Chubbuck and SimonCRE Prospector, LLC, an Arizona limited liability company, and Target Corporation, a Minnesota corporation, is hereby approved in substantially the form and substance as on file with the City Clerk's Office. Section 2. The Mayor is hereby authorized to execute the Termination of Road Improvement Agreement and the City Clerk is authorized to Attest that signature and take all steps necessary to carry out the purpose and intent of this Resolution. [SIGNATURES BELOW] DMS_US.370155728.2 PASSED AND by the City Council, and APPROVED by the Mayor of the City of Chubbuck, Idaho, this day of February, 2025. Kevin England, Mayor ATTEST: Joey Bowers, City Clerk APPROVED AS TO FORM: Ryan Lewis, City Attorney DMS_US.370155728.2