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HomeMy WebLinkAboutSTAGECOACH - Filed OA-OTHER AGREEMENTS - 2004-02-25AGREEMENT REGARDING STAGECOACH SUBDIVISION THIS AGREEMENT, signed by the parties hereto on the dates shown by their respective signatures, is made by the CITY OF FORT COLLINS, a Municipal Corporation ("the City"), STAGECOACH COMMUNITY ASSOCIATION, a Colorado Nonprofit Corporation ("Stagecoach"), and UNITED BANK OF FORT COLLINS, N.A. ("United Bank"), and WITNESSETH that the parties agree as follows: I. Recitals of Fact. In approximately 1975, United Bank foreclosed on Stagecoach Subdivision ("the Subdivision") while it was being developed. United Bank thereafter completed the Subdivision improvements and sold finished lots on which numerous residences have thereafter been constructed. On October 20, 1977, the City and United Bank signed a Memorandum of Agreement ("the Prior Agreement"), which noted that United Bank had constructed a detention pond within the Subdivision and provided that United Bank would purchase a $10,000.00 Certificate of Deposit from which the interest would be used by the City to reimburse it for any costs incurred by the City in maintaining the detention pond. An Amended Declaration of Protective Covenants was recorded for the Subdivision on August 5, 1975, at Book 1656, Page 0730, of the Larimer County Records. Such Covenants provide for the establishment of a Stagecoach Community Association, which Association is to have a three person Board of Directors and is to be responsible for the repair and maintenance of common areas. On October 6, 1987, the balance of principal and interest of the Certificate was $14,892.88. Stagecoach has recently been incorporated, and three residents within the Subdivision have become members of its Board of Directors. All parties desire to make this Agreement whereby the detention pond shall be deeded to Stagecoach, which shall become responsible for its maintenance, and whereby United Bank and the City shall pay over the entire remaining principal and interest of the Certificate of Deposit to Stagecoach. 1. Pond and C.D. Conveyance. Within ten (10) days after the signing of this Agreement, United Bank shall convey the detention pond to Stagecoach. On or about February 16, 1988 (being the C.D.'s maturity date), the City and United Bank shall deliver the remaining principal and interest of the Certificate of Deposit to Stagecoach. 2. Maintenance. Stagecoach shall hereafter be solely responsible for the maintenance and repair of the detention pond. PROVIDED, HOWEVER, that if the Subdivision is annexed hereafter to the City, the detention pond shall then be conveyed to the City by Stagecoach, and shall be accepted by the City, if the condition of said detention pond meets with City Standards, after which the City shall accept full responsibility to maintain and repair the detention pond. 3. Prior Agreement Terminated. In consideration of the transfers and conveyances described herein, and of the mutual promises set forth herein, the parties hereby mutually terminate the Prior Agreement. In this regard, Stagecoach acknowledges and agrees that in light of the transfers described herein, the City and United Bank shall have no further rights, duties, or obligations whatever relating to the Subdivision or the detention pond, except as provided in paragraph 2 above. 4. Binding Effect. This Agreement shall benefit and bind the parties hereto and their respective successors and assigns. This Agreement may be enforced at law or in equity. Signed by the parties hereto on the dates shown by their respective signatures. ? /2 Date ate i Date CITY OF FORT COLLINS, a Municipal Corporation BY: X C City Manager STAGECOACH COMMUNITY ASSOCIATION, a Nonprofit Corporation BY: President UNITED BANK OF FORT COLLINS, N.A. BY: President ,-MAR 1 S Ac R' wvl OP rnq, 11M a4n2,0 4 i1tv it 4 s cav I TT�" 17T nY Mn� �nVT PF ""i I TTAN , Nor P C� , �Qo�rlo, a nal :n,Al cur"Irstion, hnzcjntr on �7"Py-e& to is mrr"rWl-i rclorran tu og W! 7175SEq E: OJT' "ITPO, 9arn �np conqlPoW the wonstm—lon nN a jot-nom n-n- ;r is rr"agco Vitt "Awr- SM qp,-Vinatanzwri'l- n-"e- r 71 cy"07colch 7 :1 �j7lnj,n, 1-ninj v whZ4 Asion wit' vr 0 I.t— ( , 'Wrivri , 7cnlc 00 nla�v in, -1�nv"071 '-bn nnhwc,� Aty U-StE av t4- �Ity a' Tcr MAW, loicraco- at ! 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Pr" li-isior wav hn ap%er& vc, !f Aw' f '7nngit Fo: 1 vainc 7pnnspUrr. one-half (21") 0 �4, nliv.i7-1 nals :010rionto of lnr�siv W all -C=nnt ircn-a 1 -nry& 1 1r; jony'?,3r, -70 thr Q, ot"Pr rn­�ay n -7 t4o -ri r cjanl it 1 4 pm ie to "V- PanY. ,r t n � ; .- � ,fir. ♦. _. a..,., ,. sc E:h�, 1 1 )C, sin.'!,: -Sea ar ' lf-qi! eescriDtior, tlreroof' serial'_ cllc-d Z-, F171reement ry+'.n,-O, C' r ij nor t-ie I I ir-dinr, - -1 Ell-Ir 'S tss 'ns- ',I, written. ( s, J, T, 1 '), ;A,TF OV 1 A o t In erim Vr'-'-L lr:7 , 'If T,ar-' me r arl," ftrc-cicinn iustrumcn'T/,zis ;i-1,.rC1wl.orJc.Tpd !-,c.foye t )T,' c a I s c-.,i Jeptemtber 28, 1980 of T, 11Ic" Court— of me-r ai 711 C', 4 Paul P. 7-ansiDer)7, TTt-.er. C sea' EXHIBIT A Lots 67, 68, 69, 70 and 71, Block 1, STAGECOACH �'[IBnTN'ISTr-�-" TTT,T*IG ^7171.3rR ONE, County of I,arimer, State of Colorado.