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HomeMy WebLinkAboutSOUTHRIDGE GREEN PUS - Filed OA-OTHER AGREEMENTS - 2011-12-0992235 POIII 524921 COUNTY OF LARIMER M83 SEP - I FM 12: 31 1%0 STATE OF COLORS DO NOTICE Please take notice that on March 22, 1982, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Master -Plan of the planned unit development known as Southridge Greens, which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Master Plan out of which accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, are on file in the office of the Clerk of the City of Fort Collins. The subject property is more particularly described as on the attached Exhibit. City Cler Secyttary, Planning & Zo i g Board City of Fort Collins I CM E5 by donation. This agreement is contingent on such acquisition and may be terminated by the City if such donation is not completed within 20 days from the date of this agreement in a form acceptable and satisfactory to the City. 3. Installation of Golf Course, Related Facilities and Equipment. 3.1. Bucain agrees to develop and install a Golf Course on the Golf Course Site. Said Golf Course shall be constructed according to and shall conform to plans for the Golf Course to be prepared by Frank Hummel, Golf Course Architect. Said plans shall be based upon and conform to preliminary plans already prepared by Frank Hummel as -- contained and described in Exhibit "B" attached hereto. Said plans shall conform to the preliminary plans so that the Golf Course to be constructed shall be comparable in quality, dimensions and cost as heretofore estimated by Frank Hummel for the Golf Course contemplated in the preliminary plans. Bucain shall forthwith commission Frank Hummel to complete the plans for the Golf Course and shall present the same to the City for approval. 3.2. Bucain shall construct and provide on the Golf Course Site related facilities, improvements and equipment including the fol- lowing: M a clubhouse consisting of one floor plus full walkout basement, with at least 3,000 square feet on the main floor. Such clubhouse shall be of frame and brick veneer construction or other equivalent construction accepted by the City. The interior of such clubhouse shall contain a golf pro shop, snack bar facilities, locker facilities, rest rooms, cart storage facilities, club storage facil- ities and offices. All space on the main floor shall be finished. The basement shall be used primarily for golf cart storage. -2- clubh e furnishings as required to,,, O rnish the offices, snack ar and pro shop, including necessary fixtures and equipment; maintenance building adequate to hold the maintenance equipment to be furnished pursuant to this Agreement. Such building may be of metal construction; (iv) all related improvements such as roads and parking lots adequate for use of such facilities; and (v) maintenance equipment as listed and identified in Exhibit P'B .' 3.2. All such facilities, improvements and equipment shall be solely owned by the City. Bucain will cause plans and specifications to be prepared for all building improvements to be constructed pursuant hereto. Such plans and specifications shall be presented to the City for its approval. The City -shall not unreasonably _wi.thhold such _approval, provided all improvements are at least comparable to improvements at the City's Collindale .Golf Course and in general accord with the preliminary plans previously prepared in connection with the Golf Course and presented to the City. Bucain shall furnish the City with the names and addresses of all subcontractors performing work on the Golf Course. 4. Site Development. In the course of constructing the Golf Course, Bucain will install public streets and utility lines to serve the Golf Course and adjoining properties. All of such street and utility instal- lations shall be installed to the specifications of the City. The costs of such streets and utility lines shall be borne solely by Bucain to the extent that those costs would be borne by a developer in accordance with the ordinances of the City. The City shall not provide any funds for such improvements. Further, Bucain shall dedicate to the City any necessary easements or rights -of -way for the purpose of constructing said streets and utilities. -3- n E5 5. Consideration. As the full consideration for the completed Golf Course facility including the land, all improvements to be installed on the land and the equipment to be provided by Bucain, the City agrees to pay to Bucain the sum of $2,825,760.00. Such consideration is allocated as follows: A. Land -0 B. Clubhouse including entry road and parking lot - $410,000.00 C. Clubhouse furnishings - $140,000.00 D. Maintenance buildings including gravel entry .road - $78,200.00 - ----- E. Maintenance equipment - $183,000.00 F. Course construction $21014,560.00 Such consideration shall not be subject to adjustment for changed condi- tions or otherwise. In no event shall the City be required to pay any sum in excess of $2,825,760.00. 6. Payment of Consideration. The consideration to be paid by the City to Bucain shall be paid in progress payments as construction of the Golf Course and related facilities is completed and equipment provided. Progress payments shall be made monthly for each of the foregoing cate- gories based upon the percentage of completion of the work in that category (or furnishings and equipment provided). The amount of each progress payment shall be the value of the work completed (or furnishings and equipment provided) during the draw period proportionate to the total cost assigned for that work (or item). The amount of progress shall be deter- mined by certification to the City by Frank Hummel, Golf Course Architect, for completion of the Golf Course construction or Golf Course maintenance equipment and certifications by Bucain for other work (or item). The City -4- n err+ '"0 shall pay each monthly draw request within 10 days after the request is given to the City, provided that if the City determines the work is not in accordance with the requirements of this Agreement and the plans and specifications for the Golf Course or that the certification is not cor- rect, the City may withhold such portion of the draw request as it deter- mines necessary to protect its interest until any such dispute is resolved. If the dispute is not resolved within a period of 15 days, either party may submit the matter to arbitration before an arbitrator agreed upon by both parties or if they cannot agree, before three arbitrators, one chosen by Bucain, one chosen _by the City, and the final one selected by the two —_ arbitrators, thus selected. The decision of a majority of such arbitrators shall be binding and conclusive on both parties. The City may withhold 10% of the amount of any draw request for work or labor supplied (not to include a withholding on materials furnished) until final settlement. The City shall withhold from draw requests any amount required to be withheld pursuant to C.R.S., 1973, §38-26-107, as amended. Final settlement shall be made after completion of the Golf Course and related facilities and equipment in accordance with the requirements of this contract and the specifications and after compliance with the requirements of C.R.S., 1973, §38-26-107. 7. Bond. Bucain shall provide the City with a bond conditioned upon faithful performance of this contract and payment of all labor, materials, and other costs to be incurred in the work. The bond shall be by an insurance company approved by the City and shall be in the amount of $1,412,880.00. The bond to be supplied may be supplied ( i n whole or in part) in the name of the subcontractor who installs the Golf Course. -5- 8. Water Rights. City agrees to provide necessary water for the irrigation of the Golf Course under the terms of the Lease Agreement executed this same date. The water to be provided by the City shall be of the quality of untreated ditch water. Bucain shall not be responsible to provide water rights to irrigate the Golf Course and such water rights will be provided by the City. Bucain shall install all pumps, water lines, sprinkler systems, controls and other facilities adequate and necessary for such irrigation of the Golf Course from such water supply. This shall include all facilities required to transport water from Portner-Reservoir, Fossil Creek or from any other source agreeable to the parties to the Golf Course. Such irrigation system shall be adequate to handle untreated ditch water and shall be protected from sub -freezing temperatures. The City may elect to use a water supply other than Portner Reservoir if the City makes such election within 60 days hereafter, but such water supply must be comparable to Portner Reservoir and the cost of transporting the water to the Golf Course shall be no more than from Portner Reservoir. 9. Bucain's Obligations. Bucain shall furnish, at its sole risk and cost, everything necessary and proper for the installation of the Golf Course conforming to the approved plans and specifications, including all labor, materials, tools, machinery, equipment and supplies. The fees of consultants including Frank Hummel, Golf Course Architect, for planning and designing the Golf Course as well as for any of his services during the construction of the Golf Course shall be paid by Bucain, the same as all other costs associated with the Golf Course. It is the intention and agreement of the parties that the City will receive a completed and e- quipped Golf Course conforming to the plans and specifications of Frank Hummel, Golf Course Architect, for the total price of $2,825,760.00 (exclu- sive of financing costs) and without any other costs to the City. 10. Insurance and Indemnity. Bucain shall maintain such insurance as will protect it from claims under all applicable federal and state workmans compensation acts. Certificates of such insurance shall be provided to the City along with an agreement of the insurance carrier to furnish the City 10 days prior written notice before canceling the policy or materially changing it. Bucain shall indemnify and hold the City harmless from and any and all claims, liabilities and causes of action of, to or by third persons including an& subcontractors or employees for injury to or death of any person or for damage to or destruction of any property resulting directly or indirectly from any and all acts or omissions of Bucain, its subcontractors or of anyone directly or indirectly employed by either of them in connection with the performance of any work provided for herein and regardless of whether such injury, death, damage and/or destruction is con- tributed to by negligence of the City, its agents, servants and/or em- ployees; and on behalf of the City and in the City's name, Bucain will handle and defend, at its own cost and expense, any claim or litigation in connection therewith. 11. City Inspection - Representative. The City will designate its representative who will represent it in all matters pertaining to the installation of the Golf Course and all other matters pertaining to this Agreement. Such representative shall be provided full access to the work site at all times and shall be provided all information requested by him -7- concerning the progress of the work. The City Manager of the City shall notify Bucain in writing of the person designated as the City's repre- sentative. 12. Acceptance of Work. All the work done by Bucain hereunder shall be done to the satisfaction of the City which shall in all cases determine the amount, quality, acceptability and fitness of the work. The City's representative may refuse to accept work for reasonable cause set forth in writing and if such cause claimed be at variance with Bucain's opinion, such dispute shall be resolved by.arbitration, through arbitrators selected as provided in paragraph 6 above. Bucain shall repair or replace without expense to the City any defective work or materials and shall save the City harmless from any damage, faulty workmanship or materials installed pur- suant to this Agreement arising within 12 months following completion of installation of the Golf Course and acceptance thereof by the City. No payment made under this Agreement, except the final payment, shall be evidence of the performance of the Agreement either wholly or in part and no payment shall be construed to be an acceptance of defective work or improper materials. Upon completion of the Golf Course and other work to be performed by Bucain hereunder, the City shall inspect the completed facility and notify Bucain of any work which does not comply with the requirements of this Agreement and the approved plans and specifications. Bucain shall remedy any defects in the work forthwith and after such defects are corrected, the City shall advertise notice of final settlement and make final settlement with the Bucain as provided in this. Agreement. M M 13. Variance Procedure. In the event that it is necessary to obtain any variance in order that the construction and operation of the Golf Course comply with the ordinances of the City, such variances shall be applied for and processed by Bucain in its name. Other than as provided by the ordinances of the City, the City shall not participate in such appli- cations. 14. Completion of Construction. All work to be performed by Bucain pursuant to this Agreement, shall be completed in accordance with the requirements of this Agreementandthe plans and -specifications, no later than the 1st day of July , 1984. 15. Binding Effect. This Agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed the day and year first above written. oSE A L• e p o led AS To Form: A s:an' ­ 1LY httorrey THE CITY OF FORT COLLINS, a mu71.corporation" By: L'-e� I d64nJdf_,-rnoCity anager BUCAIN CORPORATION, a Colorado corporation By:,, _4z��E Clifford J. Buckley, P e fdent i im *aw EXHIBIT "A" PROPERTY DESCRIPTION OF PROPOSED PHASE I OF SOUTH11IDGE GREENS; BEING THE DESCRIPTION OF THE PROPOSED GOLF COURSE, INCLUDING "TRACT A": A tract of land located in the SW 1/4 of Section 6 and in the NW 1/4 of Section 7, all in T6N-R68W of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the West line of the said SW 1/4 of Section 6 as bearing N 0003'20" E and with all bearings contained herein relative thereto: Commencing at the SW corner of said Section 6, thence N 0003'20" E along said West line of the SW 1/4 of Section 6, 1201.72 feet to the True Point of Beginning of this description; thence continuing on said West line of the SW 1/4 N 00003'20" E 448.28 feet; thence N 89034'18" E 2573.29 feet to the North -South 1/4 line of said Section 6; thence along said North -South 1/4 line S 0022'03" E 1610.32 feet to a point on the Westerly right-of-way line of the existing Union Pacific Railroad, from which point the South 1/4 corner of said Section 6 bears S 00�22.'03" E 39.68-feet; thence along said Union Pacific Railroad right-of-way S 14030'03" W 154.26 feet; thence continuing along said right-of-way on a curve concave to the East whose central angle is 15 00'00", radius is 3934.18 feet, a distance of 1029.97 feet; thence continuing along said right-of-way S 00029'56" E 1477.62 feet to a point on the East-West 1/4 line of said Section 7; thence along said East-West 1/4 line of Section 7 S 89048'40" W 2406.22 feet to a point 30.00 feet easterly of the West 1/4 corner o said Section 7; thence N 23002'59" E 557.03 feet; thence N 09 33'13" E 216.97 feet; thence N 2602751" W 568.12 feet; thence N 89057'17" W 30.00 feet to the West line of the said NW 1/4 of Section 7; thence along the said West linS of the NW 1/4 of Section 7, N 00002'43" E 639.13 feet; thence S 89 57'17" E 226.00 feet; thence S 00002'43" W 105.00 feet; thence along a curve, concave to the NE, whose central angle is 51000'00", radius is 82.44 feet, a distance of 73.38 feet to the.point of a reverse curve; thence along the arc of a curve concave to the SW whose central Page 1 of 2 SNr` angle is 44000'00", radius is 127.85 feet, a distance of 98.19 feet; thence S 06057'17" E 167.71 feet; thence S 17031'30" E 79.92 feet; thence N 65017'44" E 388.06 feet; thence N 00002'43" E 1009.80 feet; thence N 89034'23" E 240.83 feet; thence S 06057'20" E 485.60 feet; thence S 18028'45" W 252.98 feet; thence S 70001'15" E 158.00 feet; thence N 51028'45" E 245.00 feet; thence N 33029'22" E 631.11 feet; thence N 55001'51" W 53.77 feet; thence N 06044'26" E 145.45 feet; thence N 33030'15" E 102.84 feet; thence S 86014'57" E 162.00 feet; thence S 35000'00" E 700.00 feet; thence S 55000'00" W 80.00 feet; thence N 55001'51" W 595.60 feet; thence S 33029'22" W 40.01 feet; thence S 07040'52" W 555.87 feet; thence S 23022'51" W 110.00 feet; thence S 51028'45" W 239.25 feet; thence S 01030'00" W 100.00 feet; thence S 88030'00" E 449.65 feet; thence N 63020'12" E 226.00 feet; thence S 83000'00" E 118.00 feet; thence S 30p35'47" E 94.49 feet; thence S 21059'38" W 185.86 feet; thence S 65008'07" W 235.13 feet; thence S 38000'00" W 270.00 feet; thence S 00024'27" W 580.00 feet; thence S 35 45'00" E 219.59 feet; thence S 69009'32" E 328,90 feet; thence N 27°48'50" E 98.28 feet;' thence. N 10°00`00" W 238.00 feet thence N 00024'27" E 632.08 feet; thence N 21059'38" E 693.70 feet; thence along a curve concavS to the West having a radius of 300.00 feet a central angle of 56 59'38" a distance of 298.42 feet; thence N 35600'00" W 261.48 feet; thence N 07015'00" E 377.55 feet; thence N 19020'00" E 528.53 feet; thence N 73025'00" W 115.00 feet; thence N 11003'55" W 178.38 feet; thence N 00021'27" W 363.00 feet; thence N 16030'03" E 245.92 feet; thence N 43007'49" W 100.00 feet; thence S 77014'19" W 159.74 feet; thence N 81021'42" W 285.57 feet; thence S 74054'37" W 355.59 feet; thence N 68053'39" W 198.88 feet; thence S 23050'01" W 260.00 feet; thence N 79012'22" W 240.00 feet; thence S 10047'40" W 122.00 feet; thence S 38026'40" E 299.79 feet; thence S 00003'20" W 239.98 feet; thence S 20030'00" W 558.66 feet; thence S 89034'23" W 105.00 feet; thence N 00003'20" E 670.56 feet; thence N 89056'40" W 197.94 feet; thence N 00003'20" E 399.89 feet; thence N 83017'50" W 641.37 feet to the True Point o.f Beginning of this description. The above described tract contains 129.75 acres more or less and is subject to all easements and rights -of -way now existing or of record. Page 2 of 2 B2235 Pn 72 e LEGAL DESCRIPTION Those parcels of land as described on page 203 of Book 1957 of the Larimer County Records, located in the Swh of Section 6, T6N-R68W and in the _NA of Section 7 T6N-R68W of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the west line of the said SW% of Section 6 as bearing -N 0°03'20" E and with all bearings contained herein relative hereto: commencing at the SW corner of said Section 6, thence N 0 03'20" E along said west line of the SA of Section 6 1201.72 feet to the True Point of Beginning of this descrip- tion: Thence continuing 8n said west line of the SWh N 0 03120' E 448.28 feet: Thence N 89 34118" E 2573.29 feet to the North - South h li$e of said Section 6; Thence along said North -South k•line S 0 22'03' E 1650.00 feet to the South ).- corner of said Section 6; Thence along the South line of the said Srlk of Section 6 S 89 34123" W 10.54 feet•to a point on the westerly right-of-way line of the existing U$ion pacific Railroad; Thence along said right-of-way S 14 30104* W 113.19 feet; Thence continuing along said rig t-of-way on a curve concave to the east whose central angle is 15 00'00'. radius is 3934.18 feet, a dipance of 1029.97 feet; Thence continuing aloncj said right-of-way S 0 29156' E 1477.62 feet to a point on the East-West 4 line of Section 7; Thence 5 89048140" W 2406.22 feet"to•a point 30.00 feet Easterly of the West 4 Sorn*r of said Section 71 thence N 23002159' E Thence feet; Thence N 5 39113' E 216.97 feet; Thene N 26°27'51" W 566.12'_feet; Thence N 89 57117' W 30 00 feet to the West line of the said NWh of Section 7; thence N 0 021430 E 1360.13 feet to the NW corner of said Section 7• Thence along the North line of the said 14WN of Section 7, N 89d34'23' E 835.00 feat to the SE corner of that parcel of land as described on p$ae 1181 of Book 2138 of the Larimer County Records; Thence tl 0 03920" E 720.56 feet to the NE corner of said described parcelr Thence 29056140" W 197.94'feet to the SE corner of that parcel'as described on pace 979 of Book 1669 of the Larimer County Records; Thence N 0003'20" E 399.$9 feet to the NE Corner of said described parcel; Thence N 83 17150" W 641.37 feet to the NW corner of. said described parcel and the True Point of Beginning. The above described parcel contains 218.770 acres and is subject to all easements and rights -of -way now existinq or of record. n JUdud5 1983MAY 27 PM 4: 10 COUNTY OF LARIMER *aJTATE OF COLORADO A G R E E M E N T J ` 1 THIS AGREEMENT is made and entered into this ��� day of L ,1983, by and between 1 'THE BUCAIN CORPORATION, a Colorado corporation hereinatter referred to as "applicant", and THE CITY OE' FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "City", and THE NEW MERCER DITCH COMPANY, a Colorado mutual irrigation company, hereinafter referred to as "ditch company". PROJECT Construction of an auto bridge at Front Nine Drive in South Ridge Greens by applicant, and the placing of an eighteen (18") diameter steel, concrete ringed, sleeve located under said bridge for purposes of installing a future eight (8") water line by the Fort Collins -Loveland Water District, the placing of a tour (411) diameter PVC sleeve located above culvert of said bridge for pur- poses of installing future utility services by City of Fort Collins, Light and Power utility, and the placing of a four (4") diameter PVC sleeve locate8 above culvert of said bridge for pur- poses of installing future gas line by Public Service Company of Colorado. WITNESSETH: WHEREAS, the ditch company is the owner of an irrigation ditch and the right-of-way therefor through land located as shown on Exhibit "A"; and WHEREAS, applicant desires to construct and install an auto bridge across ditch company's ditch within the City's road right- of-way, and place an eighteen (16") inch steel sleeve under ditch company's ditch at the location above described, both further detailed in the exhibits attached hereto and made a part hereof by reference; and Exhibit "A" is a subdivision location map iden- tifying the location of the projects, consisting of one (1) page; ® ® Exhibit "B" is a detailed description of the plans and specifica- tions of the bridge and sleeve prepared by Engineering Professionals, Inc., consisting of one (1) sheet bearing dates of April, 1983 ; and Exhibit "C" are flow charts and letter from Engineering Professionals, Inc. addressed to Louis F. Swift, President of the New Mercer Ditch company, consisting of three (3) sheets, all of which are attached hereto and made a part hereof as though fully set out herein. WHEREAS, Exhibit "B" sets forth all of the plans and specifica- tions and terms of this grant, and shall be in no way modified or changed by any subsequent or related plans or materials not included therein; and WHEREAS, the ditch company is willing to grant to applicant this right upon the terms and conditions hereinafter expressed; NOW, THEREFORE, in consideration of the premises and the terins of the within agreement, it is agreed as follows: 1. The ditch company grants unto applicant the right to construct, install and maintain the above described auto bridge, eighteen (18") sleeve, and two (2) four (4") inch PVC sleeves as shown in Exhibit "B", across and under the existing ditch of ditch company, and further grants unto the applicant the right for ingress and egress to a part of its ditch as shall be reasonable and necessary for the exercise of the rights granted herein. 2. Applic•ant will, upon the completion of the project-, furnish to ditch company an "as built" exhibit further supplementing in final form the work described in Exhibit "B". 3. Applicant paid to ditch company in 1982 an application fee in the amount of Five Hundred and No/100 ($500.00) Dollars for the box culvert bridge right-of-way. Applicant has paid to ditch com- pany in 1983 an application fee in the amount of One Thousand and No/100 ($1,000.00) Dollars for the granting of the right-of-way for the eighteen (1811) sleeve and the two (2) four (4") sleeves. This era `fir'' `400 is determined to be a minimum initial payment to cover preliminary expenses, such as legal work, time and car use of superintendent and/or diretors; review of the application; and other preliminary matters. In addition therto, applicant agrees to pay for such additional, reasonable and necessary expenses of the ditch company for legal services and inspection of the works by the ditch company's President, engineers and/or superintendent. 4. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in Exhibit "B". Any excavations or changes in the present ditch shall be backfilled, compacted and stabilized to the entire satis- faction of the ditch company. All compaction for dikes shall be done to ninety-five (95%) percent standard Proctor density. The dikes shall be in conformance with the plans for construction of the auto bridge and sleeves. Said work shall further be done under the supervision of the superintendent or other designated agents of the ditch company. 5. Applicant shall further place through and under ditch company's ditch, an eighteen (1811) steel sleeve, the top of which shall be no less than thirty-six (36") inches below the bottom of the ditch. 6. All construction shall be commenced and completed prior to April 15, 1983, except as may be extended by the President of ditch company or other duly authorized representative of the Company, and said construction shall in no way interupt or impede the flow of water. 7. Upon the completion of the project, the applicant shall promptly notify the ditch company and City, and the parties shall jointly inspect the ditch at the place of construction. If there are any deficiencies in the work of the applicant or any variations from the plans set forth in Exhibit "B", the applicant shall forth- with remedy the same in so doing, the applicant shall meet all reasonable requirements of the ditch company and City for the pro- -3- n n tection of the ditch and surrounding property. 8. It is the intent of this agreement that applicant shall exercise care in the construction of said crossing. Accordingly, it is hereby recognized by and between the parties hereto that the ditch company is in no way responsible for any damages caused by such construction or structure. 9. The projects shall be without cost to the ditch company, and the applicant shall hereby indemnify and forever hold the ditch company harmless for liability for damages caused by the project. 10. The ditch company shall have full power to operate, main- tain, alter, enlarge or relocate its ditch as if this agreement had not been made, and any expenses caused thereby to the applicant shall not be chargeable to the ditch company. 11. The City agrees that, because of increased maintenance expenses and difficulties occasioned by the location of the bridge over the ditch, it shall conduct such maintenance activities to the bridge and to the ditch directly under the bridge as are necessary to facilitate the customary carriage of irrigation water in said section of the ditch. 12. In the event either the applicant or the ditch company shall be in default in any of their covenants herein so as to require the party not in default to retain counsel to attempt to enforce the covenants by negotiations or otherwise, or to commence legal or equitable action against the defaulting party, the defaulting party agrees to pay all reasonable expenses of said litigation incurred by the enforcing party, including but not limited to docket tees, depositions and reasonable attorney's fees. 13. Applicant agrees to record this agreement or an executed copy thereof, at its own expense, with the Clerk and Recorder of Larimer County, Colorado and furnish evidence of such recording to the ditch company. THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove written. -4- 1�w BUCAIN, *00 a Colorado corporation, B y : i3�—a Title, j THE CITY OF FORT COLLINS, a municipal corporation, (SEAL) Ti tiyV;!AAtttorney l e,._ D U 0 I MANAGER 1 r ved A . ATTEST: • Title, (SEAL) ATTEST:�L� William C. ver, Secretary STATE OF COLORADO ) ss. County of Larimer ) THE NEW MERCER DITCH COMPANY, a Colorado mutual irrigation company, By--� re dent The above and foregoing agreement-WAs acknowledged before me this a'1�day of rno,� 1983 by *-cra�� 'IT\ as df BUCAIN, a Colorado corporation. Witness my hand and official seal. My Commission expires: (SEAT,) Notary Pubes Address: STATE OF COLORADO ) ss. County of Larimer ) The above and foregoing agreement was acknowledged before me this 27th day of May _ , 1983 by James R. Mei tl as Deputy City Manager , and attested to by Molly J. Davis as__ Deputy City Clerk of THE CITY OF' FORT COLLINS, a munici- pal corporation of the State of Colorado. Witness my hand and official seal. My Commission Expires: My Commission expires August 14, 19A (SEAL) -5- Qe - S G 1 ,. o ary Public Address : 300 Laporte Avenue Fort Collins, CO 80521 STATE OF COLORDO Vftr *0/ + ) ss. County of Larimer ) The above a foregoing agreement was acknowledged before me t h i - day of __, 1983, by Louis F. Swift as President and attested to by Wi iam C. Stover as Secretary of THE NEW MERCER DITCH COMPANY, a Colorado mutal irrigation company. Witness my hand and official seal. My Commission Expires: `\\\\NI111 i I1llgpi� (SEAL)EN AN ON Notary Public Address: P.O. Box s 3 t. ems, PO 80522 AGREEMENT (Southridge Greens Golf Course) This Agreement is made and entered into this 26th day of October , 1982, by and between the City of Fort Collins, Colorado, a municipal corporation, hereinafter sometimes referred to as the "City" and Bucain Corporation, a Colorado corporation, hereinafter sometimes referred to as "Bucain". - - -- - S ETH : -- 1. Preamble. The City is acquiring a tract of land situate in the City of Fort Collins, County of Larimer, State of Colorado, more par- ticularly described on Exhibit "A" attached hereto. The property is hereinafter referred to as the "Golf Course Site". Bucain has proposed to establish a Golf Course on the Golf Course Site to be acquired by the City. Pursuant thereto, Bucain has caused a feasibility study to be performed by Frank Hummel, Golf Course Architect, and has made a proposal to the City for the acquisition of the proposed Golf Course by the City. The City agrees to acquire said Golf Course upon the terms and conditions as set forth in this Agreement, in the Lease Agreement, the Guaranty Agreement and the Agreement to Repurchase, executed between the parties and incorporated herein by reference. Further, the parties agree that all the agreements between the parties shall be construed together to determine the intent of the parties. 2. Agreement contingent on acquisition of Golf Course Site The parties anticipate that the City will acquire title to the Golf Course Site