HomeMy WebLinkAboutMEADOWS EAST - Filed OA-OTHER AGREEMENTS - 2003-12-18SHOWCASE HOME AGREEMENT
THIS AGREEMENT made and entered into this 24 day of August, 1983, by
and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
(hereinafter referred to as the "City") and EVERITT HOMES, INC. (hereinafter
referred to as "Everitt").
WITNESSETH:
WHEREAS, the City supports efforts to bring an energy display
"showcase home" to Fort Collins; and
WHEREAS, the "showcase home" reinforces the community's commitment to
energy conservation; and
WHEREAS, the "showcase home" will perform invaluable demonstration and
educational functions.
NOW, THEREFORE, in consideration of the mutual covenants and obliga-
tions herein expressed, it is agreed by and between the parties hereto as
follows:
1. Everitt shall build, at Everitt's sole expense, an energy saving
"showcase home", the legal description of which is Lot 156 Meadows East.
2. The City shall postpone until sale of the said house or October 1,
1984, whichever shall first occur, collection of the usual fees and taxes
in construction. These fees and taxes shall include without limitation the
following: city sales tax; plan check fees; permit fees; water and sewer
plant investment fees; storm drainage fees; street oversizing fees;
parkland fees; and, underground electrical charges.
3. Construction of the "showcase home" shall be completed on or
about October 1, 1983.
4. The "showcase home" shall be kept open to the public for a
minimum of three (3) months after the completion of construction.
5. Each and every term and condition of the Agreement shall be
deemed to be a material element of this Agreement. In the event that
Everitt shall fail or refuse to perform according to the terms of this
Agreement, Everitt may be declared to be in default thereof.
6. In the event Everitt has been declared to be in default hereof,
it shall be allowed a period of five (5) days within which to cure said
default. In the event the default remains uncorrected, the City may elect
to: a) immediately collect the aforereferenced fees and taxes; b) terminate
the Agreement and seek damages; c) treat the Agreement as continuing and
require specific performance; or, d) avail itself of any other remedy at
law or equity.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
SA sistant City Attory
THE CITY OF FORT COLLINS
A Municipal Corporation
City Manager
Jy^.r,ST S<z 11
Dr-PUTI C;'Y F',';;;a;l f2
I
EVERITT�HOMES, INC.
Greg Bever
A(,ii mnu ADDENDUM
THIS AGREEM,= ADDENDUM is made and entered into this day of
A.D. 197P,9by and between THE CITY OF FORT COLLINS,
a nunlcipal corporation, hereinafter sometimes designated as the
ity", and LAKE SHE &XM VaNTURE, a Joint Venture, hereinafter designated
as the "Developer",
WITNESSETH:
WHEREAS, Developer and City have previously entered into an agreement,
attached hereto, for the development of the MEADOWS EAST SUBDIVISION; and
It is agreed that paragraph (5c) of the attached agreement is incomplete
and shall, therefore, be changed to read as follows:
5. Storm Sewer Lines and Facilities
c. Developer agrees to complete the installation of detention
facilities n_rior to the issuance by the City of more than
50 building permits and 25 certificates of occupancy for
structures within this subdivision.
IN WITNESS WgHEREOF, the parties hereto have caused this addendum to
be signed the day and year first hereinabove written.
�il.
Direc r of Public Wor s
City Attorney
THE CITY OF FORT COLLINS, COLORADO
i
Developer Title