HomeMy WebLinkAboutSTRACHAN THIRD - Filed OA-OTHER AGREEMENTS - 2011-12-29I
SECURITY PLEDGE
To secure the obligation of Consulting Associates, Ltd. (the "Owner") to
install and maintain in a satisfactory condition all landscaping shown on the
landscape plan for the development as represented on the Exhibit attached hereto
as "Exhibit A" submitted to and approved by the City of Fort Collins, Colorado,
(the "City"), pursuant to the landscaping provisions as contained in Chapter 118
of the code of the City of Fort Collins, E. E. Kitchell & Co. (the "Pledgor"),
hereby pledges the following property, to -wit:
City of Fort Collins [dater Rights Certificates equivalent to
95.7929 acre feet.
By the execution of the Pledge, the Pledgor assigns such Water Rights
Certificates to the City. Such assignment is made pursuant to this Pledge and
subject to the terms hereof. For the purpose of this Pledge the parties agree
that the City Water Rights hereby pledged shall be valued at One Thousand Five
Hundred Dollars ($1,500.00) per acre foot right. The security required by the
City to guarantee the obligation of the Owner is Four Thousand Eight Hundred
Seventy -Five and Dollars ($4,875.00). Therefore, the portion of the Water
Rights pledged hereby is 3.25 acre feet. The City will release any water rights
held under this Pledge in excess of 3.25 acre feet as the Pledgor may request or
may accept portions of such excess as a pledge to guarantee other obligation to
the City.
The obligation secured by this Pledge expires September 1, 1984, and this
Pledge shall therefore expire on such date, except to the extent forfeited pur-
suant to the terms hereof. Upon expiration the City shall reassign the water
rights certificates to the Pledgor (unless the same are then subject to another
pledge).
,
CONSULTING ASSOCIATES, LTD.
Allocated Area
A tract of land situate in the Southwest 1/4 of Section 25, Township 7
` North, Range'69 West of the Sixth P.M., Fort Collins, Colorado, which,
considering the South line of the. said Southwest 1/4 as bearing N 89°
45.'. 30" E and with all bearings contained herein relative thereto is
—contained within the boundary lines which begin at a point which bears
N.890 45' 30" E 1773,35.feet and again.N 000 14' 30" W 50.00 feet from..
the Southwest corner of said Section 25 and run thence S 89' 45' 30" W
212.00 feet; thence N 000 14' 30" W 135.00 feet; thence N 44` 45' 30"
E 260.46 feet; thence S 53' 45' 30" E 141.48 feet; thence along the arc
of a 376.80 foot radius curve to the lefta distance of 235.00 feet, the long
chord of which bears S 17` 37' 30" W 231.21 feet; thence along the arc
of a 15.00 foot radius curve to the right a distance of 23.56 feet, the
Tong chord of which bears S 44* 45' 30" W 21.21 feet to the point of
beginning, containing 61,615 square feet, more or less.
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SECURITY PLEDCF
i
To secure the obligation of Financial Plaza, Ltd. (the "Owner") to
install and maintain in a satisfactory condition all Landscaping shown on the
Landscape plan for the development as represented on the Exhibit attached hereto
ns -Exhibit A" submitted to and approved by the City of Fort Collins, Colorado,
(the "City'), pursuant to the landscaping provisions as contained in Chapter 118
of the code of the City of Fort Collins, E. E. Mitchell b Co. (the "Pledgor"),
hereby pledges the following property, to —wit:
City of Fort Collins Water Rights Certificates equivalent to
95.1929 acre feet.
By the execution of the Pledge, the Pledgor assigns such Water Rights
Certificates to the City. Such assignment is made pursuant to this Pledge and
subject to the terms hereof. For the purpose of this Pledge the parties agree
that the City Water Rights hereby pledged shall be valued at One Thousand Three
Hundred Dollars($1,300.00) per acre foot right. The security required by the
City to guarantee the obligation of the Owner is Forty one thousand fifty
and 00/100 Dollars ($41,050). Therefore, the portion of the Water Rights
pledged hereby is 31.57 :acre feet. The City will release any water rights
held under this Pledge in excess of 31.57acre feet as the Pledgor may request or
may accept portions of such excess as a pledge to guarantee other obligation to
Elie City.
The obligation secured by this Pledge expires 'Aarch.5, 1986, and this
Pledge shall therefore expire on such date, except to the extent forfeited pur-
scant to Elie terms hereof. Upon expiration the City shall reassign the water
right:; ccrtif icates to the I'ledgor (unles:; the same are then subject to another
L cm
The condition of this pledge is that if the Owner shall well and in due
course perform its obligation referred to above, then the security
hereby
pled,Qd shall, on the
expiration date
be returned to the Pledgor.
In the event
of any default by the
Owner and after
twenty-four hours (24) notice
to the
Owner and the Pledgor,
and failure to
cure the default within such
twenty-four
hour (24) period, the
property herein
pledged shall be forfeited to
the City
to the extent the City
expends costs on account of such default.
The City Water Rights Certificate, a portion of which is pledged hereby,
Is presently held by the City.
This Pledge is given in lieu of the owner providing a letter of credit to
secure its landscaping obligations on the Financial Plaza, Ltd. allocated
area.
Dated March 5 , 1984
ATTEST:
Oi A-0—_
1s�k:��_gts��e���ceccta=X
Barbara Herron, Assistant Secretary
ATTEST:
Deputy City Clerk
E. E. MITCHELL b CO.
A. R. Chamberlain. President
THE CITY OF FORT COLLINS, a
Municipal. Corporation
By:
STATE OF COLORADO)
) s .
COUNTY OF [.ARIMER)
The foregoing instrument was ackiowledged before me this 5th day of
—1larch W 198,, by A. R. Chamberlain as
President and
8adnU �a pp-j�'r{n Ass�1stant"S��cretaryE. Mitchell 6 Co.
Witness my hand anti offric�al seal.
M} commlt.;ton expires: 9/26/87 I,`l
Notary Publ',tc
P.O. Box NO
Ft. Collins, CO 80522
4
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this day of
1984 by
Municipal Corportion.
Witness my hand and official seal.
My commission expires.
City of Fort Collins, a
Notary Public
I
SECURITY PLEDGE
To secure the obligation of Financial Plaza, Ltd.
(the "Owner") to install and maintain in a satisfactory con-
dition all landscaping shown on the landscape plan for the
development as represented on the Exhibit attached hereto
as "Exhibit A" submitted to and approved by the City of Fort
Collins, Colorado, (the "City"), pursuant to the landscaping
provisions as contained in Chapter 118 of the code of the City
of Fort Collins, E. E. Mitchell & Co. (the "Pledgor") hereby
pledges the following property, to -wit:
City of Fort Collins Water Rights Certificates equivalent
to 95.7929 acre feet.
By the execution of the Pledge, the Pledgor assigns such
Water Rights Certificates to the City. Such assignment is
made pursuant to this Pledge and subject to the terms hereof.
For the purpose of this Pledge the parties agree that the City
Water Rights hereby pledged shall be valued at One Thousand
Three Hundred Dollars ($1,300.00) per acre foot right. The
security required by the City to guarantee the obligation of
the Owner is Sixty Thousand Four Hundred Twenty Five Dollars
($60,425.00). Therefore, the portion of the Water Rights
pledged hereby is 11.62 acre feet. The City will release
any water rights held under this Pledge in excess of 11.62 acre
feet as the Pledgor may request or may accept portions of such
excess as a Pledge to guarantee other obligation to the City.
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The obligation secured by this Pledge expires August 30, 1986
and this Pledge shall therefore expire on such date, except to
the extent forfeited pursuant to the terms hereof. Upon expira-
tion the City shall reassign the water rights certificates to
the Pledgor (unless the same are then subject to another pledge).
The condition of this Pledge is that if the Owner shall
well and in due course perform its obligation referred to above,
then the security hereby pledged shall, on the expiration date be
returned to the Pledgor. In the event of any default by the
Owner and after twenty-four hours (24) notice to the Owner
and the Pledgor, and failure to cure the default within such
twenty-four hour (24) period, the property herein pledged shall
be forfeited to the City to the extent the City expends costs
on account of such default.
The City Water Rights Certificate, a portion of which is
pledged hereby, is presently held by the City.
This Pledge is given in lieu of the Owner providing a
letter of credit to secure its landscaping obligations on
the Financial Plaza, Ltd. allocated area.
Dated September 18 , 1984.
Attest: E. E. Mi chell & Co.
By J
Assistant Secretary A. R. Chamberlain, President
Attest:
The City of Fort Collins, a
Municipal Co r oration
By �-
Deputy City Manager
%AW *190
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The Foregoing instrument was acknowledged before me this
_1a day of GP tamper 1984 by _A. R. Chamhr�rla;„ as
Prpsidpnt and Rarhara Herran as AG-t- Secretary
of E. E. Mitchell & Co.
Witness my hand and official seal.
My commission expires: 9/26/87
Notary Public
P.O. Box 1208, Fort Collins, CO 80522
Address
STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this
10,441 day
of Sa1 +ewt�er- , 1984
by
Rich Shannon as
Deputy City
Manager and
Wanda
M. Krajicek as City Clerk of
the
City of Fort
Collins,
a
Municipal Corporation.
Witness my hand and official seal.
MY COMMISSION EXPIRES
My commission expires: AU' ,T I!, 1, ' O
t�LY��1n l J - 1 ��
No ary Public
300 Laporte Ave., Ft. Collins, CO 80521
Address
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SECURITY PLEDGE
To secure the obligation of Roush Mitchell Carey Partnership, Ltd.
(the"Owner") to install and maintain in a satisfactory condition all
landscaping shown on the landscape plan for the development as represented on
the Exhibit attached hereto as "Exhibit A" submitted to and approved by the
City of Fort Collins, Colorado (the "City") pursuant to the landscaping pro
visions as contained in Chapter 118 of the Code of the City of Fort Collins,
E. E. Mitchell & Co. (the "Pledgor") hereby pledges the following property,
to -wit:
City of Fort Collins Water Rights Certificates equivalent to
95.7929 acre feet.
By the execution of the Pledge, the Pledgor assigns such Water Rights
Certificates to the City. Such assignment is made pursuant to this Pledge and
subject to the terms hereof. For the purpose of this Pledge the parties agree
that the City Water Rights hereby pledged shall be valued at One Thousand
Dollars ($1,000) per acre foot right. The security required by the City to
guarantee the obligation of the Owner is Fifteen Thousand Dollars ($15,000).
Therefore, the portion of the Water Rights pledged hereby is 15 acre feet.
The City will release any water rights held under this Pledge in excess of 15
acre feet as the Pledgor may request or may accept portions of such excess as
a Pledge to guarantee other obligation to the City.
The obligation secured by this Pledge expires October 1, 1987, and this
Pledge shall therefore expire on such date, except to the extent forfeited
pursuant to,the terms hereof. Upon expiration the City shall reassign the
water rights certificates to the Pledgor (unless the same are then subject to
another pledge).
KB .9
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The condition of this pledge is that if the Owner shall well and in due
course perform its obligation referred to above, then the security hereby
pledged shall, on the expiration date be returned to the Pledgor. In the
event of any default by the Owner and after twenty-four hours (24) notice to
the Owner and the Pledgor, and failure to cure the default within such
twenty-four (24) period, the property herein pledged shall be forfeited to the
City to the extent the City expends costs on account of such default.
The City Water Rights Certificate, a portion of which is pledged hereby,
is presently held by the City.
This Pledge is given in lieu of the Owner providing a letter of credit to
secure its landscaping obligations on the Marriott Hotel allocated area.
Dated 1st day of October, 1985.
ATTEST:
j
Secret ry
AT EST:
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
E. E. MI E & CO
By 2GL
Euge E. Mitc ell, President
THE CITY OF FORT COLLINS, a Municipal
Corporation
By �:•
Deputy City Manager
The foregoing instrument was acknowledged before me this � day of
C)c-�-nhc--r , 1985 , by Eugene E. Mitchell as President and
-Tw,g [a. as Secretary of E. E. Mitchell & Co.
Witness my hand and official seal.
My commission expires: A - 3. 'Rr7
KB .9
SP2
2
Nota;s:
Public
AddrU. Bcx/ ! .�'o 8
Apprav As To Form:
Atsista ,.t City Attorney
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STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this 4th day of
October , lg 85 , by Rich Shannon as Deputy City -Tanager and Wanda
M. Krajicek as Cit Clerk of the City of Fort Collins, a Municipal
Corporation.
Witness my hand and officia]� seal.
My commission expires: An CO�Imi +;Cis LX�ilii,
Notary Public
Address: 300 Laporte Ave
Fort_ Collins, CO 80521
SP3
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The condition of this Pledge is that if the Owner shall well and in due
course perform its obligation referred to above, then the security hereby
pledged shall, on the expiration date be returned to the Pledgor. In the event
of any default by the Owner and after twenty-four hours (24) notice to the
Owner and the Pledgor, and failure to cure the default within such twenty-four
hour (24) period, the property herein pledged shall be forfeited to the City
to the extent the City expends costs on account of such default.
The City Water Rights Certificate, a portion of which is pledged hereby,
is presently held by the City.
This Pledge is given in lieu of the owner providing a letter of credit to
secure its landscaping obligations on the Consulting Associates allocated
area.
Dated Cr)4 1982.
ATTEST.;
Jack.'A. Shirey, Secre7,#y
ATTEST:
•.
va_%Q(�( City Clerlc
E. E. MITCHELLL & CO.
By: [ '
A. R. Chamberlain, Presi ent
THE CITY OF FORT COLLINS, a
Municipal Corporation
?
-,#-� City Manager
Approvad As To Form:
STATE OF COLORADO)
) ss .
COUNTY OF LARIMER) City ittcrrcy
The foregoing instrument was acknowledged before me this 1'i day of
-, 1982 by R . it a ol as
Pres dent and Jack A. Shirey as Secretary of E. E. Mitchell & Co.
Witness my hand and official peal. _
My commission expires: MY Commission Expires August 3� 1983-/ /1
= !
Notary Public
PD, P'c;-� 1aC�?
t-C rt L_I1,rt5 CL>
UE scit 111 f I ON
A i'Mil" 01 LOT 3, "IkACIl,L4 SUBDIb'IJION, TIII1:1i fI1.I%C, LUGITCU I4 SLCTIo. 25
T7N, R69M IN FOkl COLLINS, COLORAW BEl\(; pl:*SCRIBLU AS FOLLO%S; KLC:.N.N(NC
AT TI(E Sri CORNER OF SALU SECTION ALONG A LINE h11101 BEARS N 39'A;' 3U" E A
U I STANCE OF 1539. 35 FLET ; THENCE N 00' 1 .7 ' 3U" t' 30.00 FEEf ro TIIE I'01 \T OF
BEGINNING; THENCE S 69'4S'5U" h'198.80 FEET; TIIL'NCC N 1u1'14'30" ►-' 37,71
FEET; THENCE N 45-14'30" k' 167.C5 FELT; Tlll:v(:E S g9•41'3U" N 26.38 I-C-ET;
nIENCE ALONG MEARC OF A 348.61 F00-T RAUIUS CURIE ro 'TItE I EF r A UIS'f.LxCE
OF 139.05 FELT, THE LOXG CHORD OF NIff0i BEAKS N I1'40'US" h 138.13 FEET;
THENCE N S9'jS'30" E ,77.14 FEET; THENCE, N d1'dS';U" 1: 176.25 FEET. TIILNCL
N 00-11'30" N S6.57 FEET;_ THENCE N 44'aS'3U" E 23U.0n FEET; TI(ENCE
S 4S'14130" L 7.00 FCET; 'CIIENCE N 44-45'30" L 4y.U0 FEET; 1'IIL'\CL
N 89'4S'30" E 111.06 FEET; TIIENCL S 4S'14'30" E 92.94 FEET; TIIENCC
S 44*4S'30" 1� 2353 FEET; MENCL S 4S'14';0" E 96.S3 FELT; T11L CC
S 44-4S'30" h 1;8.72 FEET'; TItENCE S 45'14'5U" E 8U.00 FEET; THENCL
S 44.4S' 30" t: 2'9I .40 FEET; TUENCE S 00' 1 4' 3U" L' 1 39.27 FEET TO TIIL' rOI'.T
OF BEGINNING, CONTAINING S.110 ACRES MORE OR LESS. A::D BL[Nr. SUBJECT TO
ALL EXISTING UTILITY EASEMENTS.
ENGINEER'S CERTIFICATE:
YEMN-LONG LLOU, A PROFESSIONAL U GINEER AND LAND SURVEYOR UNDER TILE LAWS OF
TILE STATE OF COLORAllU. BELNC OULY SWORN ON IIIS OATH. OEPOSES AN O SAYS. THAT
THIS SURVEY AND PLAT WERE KWL UNOUR• HIS SUPERVISION. TILAT SAID PLAT IS AN
ACCURATE DCLLNEATION OF SAID SURVEY. TIU1T HE IIAS READ TILE STATENFENTS T11L•REON.
AND THAT ME SAME ARE TRUE OF IIIS OWN KNOWLEDGE.
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this t P)
1982, by ---' f --) I day of '5, tCeri
J, t: I
City of Fort Collins, a
Municipal Corportion.
Witness my hand and official seal.
MY commission expires.
ILL Ll--�--
N-6-tary eUb-LiC
C'C
My 144
ORM NO. C-6000-2
FOR USE WITH COLORADO RF -V AMERICAN LAND TITLE APhOCIATION LOAN
Cy 1970 EDED
FOR USE WITH COLORADO REk& .N AMERICAN LAND TITLE ASr,OCIATION OWNER-- r-OLICY FORMMB N1970 1(AMENDED 10.17.70)
S C II E D U L E A —Continued
The land referred to in t1lis policy is situated in the State of Colorado, Comity of
Larimer and is deserd)ed as follows:
A tract of land situate in the SW; of Section 2 Range 69 West of the 6th P.M., which, considering Township 7 North
South
of the said SW4 as bearing N89°45130"E and with allhbearringsline contained
herein relative thereto is contained within the boundary lines which
begin at a point which bears N89045'30"E 1773.35 feet and again
N00014'30"W 50.00 feet from the Southwest corner of said Section
and run
thence S89°45'30"W 212.00 feet;
thence N00014'30"W 135.00 feet;
thence N89 °45' 30"E 246.62 feet;
thence along the arc of a 376.80 foot radius curve to the left a
distance of 122.13 feet, the long chord of which bears S09°02'37"tN
121.60 feet;
thence along the arc of a 15.00 foot radius curve to the right a
distance of 23.56 feet, the.long chord of which bears S44°45'30"w
21.21 feet to the POINT OF BEGINNING, being a portion or 5tracnan
Subdivision, Third Filing.
EXHIBIT B f
6 ,
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I � _
E. HORSETOOTH ROAD
SITE PLAN
SITE AREA $1,615 S.F. (1.414 ACRES)
BULGING 16.702 S.F. P4• 4.050 Sl (BASEMENT)
PARKING 71 SPACES
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4(
A,
CO
3555
Stanford
Road
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SECURITY PLEDGE
To secure the obligation of Arena Associates, Ltd. (the
"Owner") for Consulting Associates, Ltd. to maintain in a satis-
factory condition all landscaping shown on the landscape plan sub-
mitted to and approved by The City of Fort Collins, Colorado, (the
"City"), pursuant to § 118-63 F(3)(b)(10) of the code of the City
of Fort Collins, E. E. Mitchell & Co. (the "Pledgor"), hereby
pledges the following property,_.to-wit:
City of Fort Collins Water Rights Certificates equiva-
lent to 95.7929 acre feet.
By the execution of this Pledge, the Pledgor assigns such
Water Rights Certificates to the City. Such assignment is made
pursuant to this Pledge and subject to the terms hereof. For the
purpose of this Pledge the parties agree that the City Water
Rights hereby pledged shall be valued at Two Thousand Two Hundred
Dollars ($2,200.00) per acre foot right. The security required by
the City to guarantee the obligation of the Owner is Twenty -Four
Thousand Five Hundred Dollars ($24,500.00). Therefore, the por-
tion of the Water Rights pledged hereby is 11.4 acre feet. The
City will release any water rights held under this Pledge in
excess of 11.4 acre feet as the Pledgor may request or may accept
portions of such excess as a pledge to guarantee other obligation
to the City.
The obligation secured by this Pledge expires April 8, 1983
and this Pledge shall therefor expire on such date, except to the
extent forfeited pursuant to the terms hereof. Upon expiration
the City shall reassign the water rights certificates to the
Pledgor (unless the same are then subject to another pledge).
The condition of this Pledge is that if the Owner shall well
and in due course perform its obligation referred to above, then
the security hereby pledged shall, on the expiration date be
returned to the Pledgor. In the event of any default by the Owner
and after twenty-four hours (24) notice to the Owner and the Pled-
gor, and failure to cure the default within such twenty-four hour
(24) period, the property herein pledged shall be forfeited to the
City to the extent the City expends costs on account of such
default.
The City Water Rights Certificate, a portion of which is
pledged hereby, has not yet been issued by the City. The Pledgor
agrees that upon issuance of said Certificate, the same shall be
delivered to and held by the City pursuant to this Pledge. This
Pledge is given in substitution for a letter of credit in the
amount of $24,500.00, issued by United Bank of Fort Collins, N.A.
previously deposited to secure the Owner's obligation (letter of
credit No. 239). In consideration of this Pledge, the City hereby
releases such letter of credit.
-2-
In
Im
Dated '5'� z;�I �--' ( 1981.
ATTEST:
7 0
GL ' lif % •� Z�%LL�
Jack;A. Shirey, Secre
ATTEST:
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
E. E,---M-1-TCHELL & CO.
-�--
Eugene . Mitchell , President
THE CITY OF FORT COLLINS, a
Municipal Corporation
By: . i
Iii_-rector-=of-i� nagree '
The foregoing instrument was acknowledged before me this S'ah
day of �� , 1981 b
y as President and Jac A. Shirey as Secretary of E. ff-.—Mitchell & Co.
Witness my hand and official seal.
My commission expires:
Not ry Public
-3-
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 28th
day of May, 1981 by Lucia A. Liley as City Attorney and John E.
Arnold as City Manager of The City of Fort Collins, a Municipal
Corporation.
Witness my hand and official seal.
My commission expires:
1 <
n t \. r,
No-rary Public