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Home My WebLink AboutPOUDRE VALLEY PLAZA P.U.D. - FINAL - 30-95B - CORRESPONDENCE -Pnse, within two years from the date of closing. The Deed by ch title to the Property is conveyed by Seller to Buyer shall ntain a reversionary clause in form reasonably acceptable to seller's attorney, which shall cause ownership of Parcel 3 to revert to Seller if the Arbor Extension has not been fully completed and accepted by the City of Fort Collins within two years from the closing date. The Arbor Extension shall be engineered and constructed by Buyer, at Buyer's sole cost and expense, within the aforesaid two-year period in accordance with all applicable governmental laws, rules, and regulations, including, but not limited to, City of Fort Collins Street Construction Standards. The Arbor Extension shall include, and Buyer shall pay, and indemnify and hold Seller harmless in connection with, any and all costs, expenses, or improvements related or attributable to the Arbor Extension, including, but not limited to, any and all off -site improvements, fees, and permits necessary for completion of the work. As aforesaid, the Arbor Extension will benefit the Retained Property; and, in recognition thereof and in consideration of Buyer's agreement to construct the Arbor Extension, the purchase price of the Property has been reduced by $39,000.00 (i.e., from $972,500.00 to $933,500.00). If Seller becomes entitled to have ownership of Parcel 3 revert to Seller, Buyer, upon request of Seller, shall execute any Deeds or other documents reasonably requested by Seller to transfer ownership of Parcel 3 to Seller, free and clear of all liens and encumbrances. If Buyer completes construction of the Arbor Extension in accordance with the terms of this Contract, Seller, upon request of Buyer, shall execute any documents reasonably requested by Buyer to remove the reversionary condition relating to Parcel 3. If Seller becomes entitled to have ownership of Parcel 3 revert to Seller as a result of Buyer's failure to construct the Arbor Extension in accordance with the terms of this Contract, Buyer, within ten days after the expiration of the two-year Arbor Extension construction deadline, shall pay to Seller, in cash or certified funds, the additional sum of $39,000.00, representing additional purchase price for Parcel 1 and Parcel 2. Buyer's obligation to pay the sum of $39,000.00 to Seller shall be in addition to Buyer's right to have ownership of Parcel 3 revert to Seller. It is an express condition of this Contract that the Arbor Extension shall include, with all necessary governmental approvals, a curb cut allowing access from the Arbor Extension to the Retained Property. The curb cut which provides access from the Arbor Extension to the Retained Property shall be equivalent in width to the curb cut which provides access from the Arbor Extension to the Property. 21.7 Additional Costs. In addition to the Arbor Extension, Buyer shall pay, and indemnify and hold Seller harmless in, connection with, all improvements in any way attributable to or resulting from the PUD approval or the development of the Property, including, but not limited to, off -site improvements, such as improvements to or widening of South Shields Street or 11orsetooth Road. 21.8 S ec1al Improvement Districts. Seller shall pay all SIDs presently in place but shall have no obligation under this Contract for any future SIDS. Buyer acknowledges that a portion of the Property has been pre -dedicated for the Shields Street Improvement District. 21.9 Signage. Seller hereby grants Buyer the right to erect on the Property any signs which Buyer deems necessary. Buyer shall comply with all applicable laws. 2 of 4 Seller Buyer ]U: US I'AX 416 B3T (IF "' SWANK A/\r dj 002 ...__ "Mil a a1LLlnrla I•Hi( nU. 9031151 P.02/O7 WHEELER CONINIERCIAL 1'1i0i'EIUI Y SERVICL-S, LLC 1123 W. Droko Road - Port Colims, CC) 80126 P6ono:(970)225-91O5 -Fox: (970) 229-9230 lrrm r.RM IrA Iatl'ORTANT 1l CAL CONSkQl1PNCka n O Tim PAD'rl[6 MIO01.D CONFl14T L[nAl, AND TAX OR OIrItIt COtNdpt. IIt"" 23o C. COUNT@RPROPOSA,L August 16 .1, 95 110: he1.e..d eo.te.ol to by sod .A the LAvr.i.,/ d.wdb..d w.1 coca. In 0'. O—oly of LART MER Calol9do. le VAL TARE£ ADJACENT PARCELS OF LAND CONTAINING RESPECTIVELY, APPROPRIATELY, 5.75 NET ACRES, .629 NET ACRES AND .345 NET ACRES, ALL AS MORE FULLY DESCRIBED IN SECTION 21.5 OF TILE VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE ATTACHED HERETO. I,ft.,aNa. TBD VACANT LAND 5l...e AJdrava _, dated July 26 _-... ......._. 19 95 6ctosm CIIISM HOMES, INC S,Uf. and ROYCR B. CLARk WILLIAM L. NEAL A NEVADA CORPORATION SORT COLLINS, CO 90526 City St.I. Zip Buyct. Tbo,u,.ler.dgncd aeeepu dm prvposod evolr.cc, Nbf eot to rh. (blIaMnS ommdmanw SECTION 21.1 INTENDED USE. IN THE THIRD LINE. OF THE PARAGRAPH STRIVE THE WORDS, "A SO,000 TO 75,00011, AND INSERT THE WORDS. "AN APPROXIMATE 90,000". SECTION 21.6 ARBOR EXTENSION. IN THE SIXTH LINK Or THE PARAGRAPH STRIKE SEITIENCE 'THREE AND AMEND TO READ "BUYER SHALL COMPLETE THE AR13011 EXTENSION, AT BUYERS SOLE COST AND EXPENSE, WITHIN 71REE YEARS FROM THE DATE OF CLOSING". THE REFERENCED R.EVERSTONhRY CLAUSE SHALL BE AMENDED FROM T•HE STATF.1) TWO YEAR PERIOD TO A •ARAM YEAR PERIOD THROUGHOUT SECTION. OECTION 21.7 ADDITIONAL COSTS. AT THE ENO OF ITIE EXISTING PARAGRAPH STRIKE THIS PERIOD l.) AFTER HORSETOOTII ROAD, IIUSERT A COMMA (,) AND ADD THE FOLLOWING: IF CITY OF FORT COLLINS REQUIRES POUORE VALLEY PLAZA TO INSTALL A RIGHT TURN OR DECELERATION LANE ADDED TO NORTH BOUND SHIELDS STREET $Otl-f}1 OF VIP BROPOSRD ARBOR AVENUE &XTENSIDD, AF.LLER WILL SELL BVYRR UP TO AN ADDITIONAL 3700 SQUARE FOOT OF LAND FOR TIIE PROPOSED DECELERATION LANE FOR 'g1.75 PER SQUARE FOOT. SELLER 11II,L NOT PARTICIPATE IN COST OF IMPROVEMENTS, OR SUCH ,-D.IPEjC�Et.L`E�RArTBI.O. Na+aLANE. Vc� J}��1 ��-q/ All ether 1.rms a,d vdiy ebdl remain the :nmo. Tliia une�l.mperd akell erryire tminaa .eeopled m wtifv�g, by Boyer and 5.11." oa midm.o ly dj�u i�g .Nrea b Ian m a,a oRb,ing p.Ry m dais Jo::omuut ra:,ivaa oeiic. of arJt .wo}n,.w a ar bofble 1Z F•`''• �1191ASC 1� 19 J� If occ,¢rt.d, the ptepvaad contr.ot, nr .nintJod b.(aLy, .L.II L..:nwe . anYscl l+vrwum Geller ..W [).yet. CIIISM 110MR9, INC. A NEVADA CORPORATION SELLER 1 /" Aau RYt 11. CIIISM, DATE #q/7 � __ The prlmed penlona of this form, except (hallctred)(dllfemntlded) addlions, have Laen apprond by Iht t:olv�.do Real Rawls Cormiealon, No. Pao-1-11CCO MTERPROPOSAL Pdmod from RoeIF�ST Fotma for Windays, Voplon d.5(4,11, Copydphl RcvIFAST 9Ataaie Publishing iota, 1B`x5 Rcgistrallen LCOCOI?3S1g] P,eparod by - Frod Crvcl. Monodlnd Biukor. VAccict Commercial Fipperty Sen%wn. LI C 08116M mod:Od Papa 1 of 2 NOV-13-95 MON 5:05 PIA JIM SF" DESIGN INC. FAX NO. 970 '94 2443 P. 8 OFF -SITE RIGHT-OF-WAY AND EASEMENTS ARE NEEDED TO THE SOUTH FOR CONSTRUCTION OF THE TURN LANE ONTO ARBOR LANE. PROJECT ENGINEER SHOULD COORDINATE WITH ENGINEERING DEPARTMENT ON THE DESIGN OF SHIELDS STREET IMPROVEMENTS SINCE THE CITY IS TRYING TO COORDINATE THE DESIGN AND CONSTRUCTION OF SHIELDS STREET WIDENING TO THE SOUTH AND ON THE WEST SIDE. NEED TO REVIEW THE PROPOSED MEDIAN AND OTHER WIDENING DESIGN TO SEE IF RECONSTRUCTION/OVERLAY WORK IS NECESSARY OR DESIRABLE AT THIS TIME. COMMENTS ON THE PLAT WERE INCLUDED IN THE ENGINEERING DEPARTMENT'S REDLINED UTILITY PLANS. IN PARTICULAR, THE BOUNDARY OF THE P.U.D. INCLUDED RIGHT-OF-WAY WHICH HAS ALREADY BEEN DEDICATED ACCORDING TO THE NOTES ON THE PLAT, TYPICALLY, THE P.U.D. BOUNDARY WOULD ONLY INCLUDE R.O.W. WHICH IS NOT DEDICATED YET AND IS BEING DEDICATED WITH THE PLAT. IIOV-13-95 14011 5: 04 I'M 0 JIM SEI,I. DESIGII II1G. FAX 110. 970 484 2443 P, 7 Get of Fort Collins Current Planning PROJECT COMMENT SHEET DATE: 17 October 1995 DEPARTMENT: "Irunq PROJECT: 30-9S13 POUDREVALLEY PLAZA PUD -Final PLANNER: Steve Olt All comments must be recelved by: Friday, 24 October ❑ No Problems Problems or Concerns (see below) SHIELDS STREET AND HORSETOOTH ROAD DESIGNS NEED TO BE COMPLETED TO SHOW EXISTING/PROPOSED/ULTIMATE IMPROVEMENTS. DESIGNS NEED TO INCLUDE DETAILED PLANS OF INTERIM IMPROVEMENTS, SIGNING AND STRIPING PLANS,... AS NOTED ON THE REDLINED UTILITY PLANS. ALSO, THE FULL INTERSECTION OF HORSETOOTH AND SHIELDS NEEDS TO BE SHOWN ON THE PLANS TO VERIFY THAT THE PROPOSED INTERIM AND ULTIMATE IMPROVEMENTS WILL WORK FOR ALIGNMENT AND STRIPING. PLANS WILL BE REVIEWED IN MORE DETAIL WHEN REVISIONS ARE SUBMITTED. Date: 11111�1� Signature: me CHECK IF YOU WISH TO RECEIVE ❑ PLAT COPIES OF REVISIONS: ❑ SITE ' ❑ LANDSCAPE ❑ UTILITY COMMUNITY PLANNING and ENVIRONMENTAL SERVICES... 281 NORTH COLLEGE, P.O.BOX 380 FORT COLLINS, COLORAllO 80522-0580 (303)22t 6758 CURRENT PLANNING DEPARTMENT WHEELER COMMERCIAL PROPERTY SERVICES, LLC 1125 W. Drake Road Fort Collins, CO 80526 November 20, 1995 Kerrie Ashbeck Engineering Dept. 281 N. College Ave. Port Collins, CO 80521 Kerrie: HAND DELIVERED In response to your comment as noted on the Project Conunent Sheet elated 17 October, 1995 to Steve Olt regarding Project 30-95B Poudre Valley Plaza PUD-Final wherein you ask about "Off -site right-of-way and easements are needed to the south for construction of the turn lane onto Arbor Lane." Please see the contract between buyer and seller dated July 26, 1995 Section 21.7 as later amended by Counterproposal dated August 16, 1995 attached hereto at those points flagged and highlighted therein. 1 believe this language provides for the necessary acquisition of land for the right turn lane. If you need anything further in this regard, please let me know by November 24, 1995 so that 1 can obtain additional documents in a timely manner. Sincerely, Fred L. Croci cc: Poudre Valley Partners, Ltd. Jim Sell Design RBD Engineering Steve Olt }�y