HomeMy WebLinkAboutSOUTH COLLEGE HEIGHTS SEVENTH - Filed OA-OTHER AGREEMENTS - 2004-02-17p
An PPPMFNT
THIS AGREEMENT is made and entered into this i. day of
A.D., 1969, by and between
The City of Fort Collins, Colorado, a municipal corporation,
party of the first part, hereinafter designated as "City",
and
Highlands Development Comoany, Inc, and Sherwood, Inc., as
parties of the second part, hereinafter designated as "Developers",
LITTIIFCCFTn-
WHEREAS, The Developers are the owners of certain lands in the
City of Fort Collins which adjoin a ditch known as the Sherwood Ditch at the
intersection of said ditch with Stover Street in the City of Fort Collins, and
WHEREAS, Developers are developing said land as residential subdivisions
and, in connection with such development, it is necessary to relocate the
Sherwood Ditch and to construct a bridge over said ditch in order to continue
Stover Street in said area, and
WHEREAS, heretofore on July 23, 1969, the Developers entered into
an agreement with John Wheeler wherein the Developers agreed to be responsible
for the installation of said bridge and the relocated of said ditch, and
WHEREAS, the City has caused to be prepared the necessary plans for
the construction of said bridge and the relocation of said ditch, a copy of
which plans are attached hereto as exhibit A and by this reference made a
part hereof, and
WHEREAS, the Developers desire that the City undertake to relocate
said ditch,to construct said bridge, and to do the other necessary work in
connection with the same,
NOW, THEREFORE, IN CONSIDERATION OF the premises of the terms of
the within agreement it is agreed as follows:
ar a.' t✓i a I ,-ej:•l!- n:eeCir--; of the ',icy .;cLTnc4I held
CLL", '.t'l "ay of " ,ust, .". 190J.
ATT!"ST:
OF AGREEf_9E�.T
i t
THIS, AGREEMENT, MADE A�:D ENTERED INTO THIS �'h DAY CF/A.D. Ic) C Y
AND BETWEEN THE CITY OF EO°T COLLINS, A MUNICIPAL CORPORATION, HEREINAFTER
DESIGNATED AS FIRST PARTY, AND (Tl ^_f'f. N'F.l o-1'I'GS �l.J�_. ;iE' v0•
HEREINAFTER DESIGNATED AS SECOND PARTY, WIT LSSETI':
�W'IEREAS, SECOND PARTY HAS HERETOFORE SUBC11TTED A SUDDIVISION PLAT OF
'[IF SUBDIVI61ON Tn BE KNOWN AS bIlfl1 ''.oR1- e KeiP hls .. 'ertl J'f `�V1ti. 01't
FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING BOA'?D AND
THE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND
VIIHEREAS, SAID SUBDIVISION FLATIS ACCEPTABLE TO FIR_',T PARTY AND FIRST
PAP TY'S PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
IN THE AREA Tn BE SUBDIVIDED,
"10Gd, THE,REF'ORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF
THI.l AGREEME'T, IT IS MUTUALLY AGREED AS FOLLOWS:
I. iIRST PARTY ,GREES THAT SAID SUBDIVISION PLAT SHALL ❑E, AND THE
SAMF IS HEREBY APPROVED.
P. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PARTY,
AND FIRST PARTY'S PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS
FOLLOWS:
(A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPRO`fE—
ME"IT PLANS, ACCEPTABLE TO THE FIRST PARTY:
( I ) A PLAN OF THE PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING
THI.: Cn[]NECTING PIPELINES TO THE POINTS OF CO>1NECTION TO THE FIRST PARTY'S
F_XISTING WATER DISTRIBUTICN SYSTEM AND SHOWING ALL VALVES AND FIRE
HYDRANTS.
(2) PLANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM
INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING
S 'UNITARY SEWER SYSTEM.
(3) A PLAN OF THE PROPOSED ELECTRICAL DI STRI9UTION SYSTEM
INCLUDING CnNNECTINO LINES TO THE FIRST PARTY'S EY'STING ELFalulCtL
DISTRIUUT ION SYSTEM AND INCLUDING ALL STREET LIGHTS.
(4) PLANS AND PROFILES OF ALL STREET IMPROVEMENTS.
(5) PLANS AND PROFILES OF THE PROPOSED STREET DRAINAGE SYSTEM
SHOWING THE CONNECTIONS TO THE FIRST PARTY", STORM SEWER SYSTEM AND
6NQI_UUING ALI_ STORM SEWER INLETS AND MANHOLES.
(6) ITEMS AM TO A(5) INCLUSIVE ARE TO BE FINANCED BY THE
PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
,Y6CVM. ALL MATERIAL REQUIRED FOR STREET LIGHTS ARE TO BE PAID FOR BY
TIIE PAI17f OF THE SECOND PART TO THE LIGHT 9, POWER DEPARTMENT OF THE CITY.
IN THE EVLNT THE CITY OF FORT COLLINS SHALL REQUIRE LARGER WATER
MAINS, SANITA-Y SEWER MAINS OR. STORM SEWER MAINS TO BE CONSTRUCTED WITH-
IN THE SUBDIVISION THAN WOULD BE RE)UIRED BY STAiJDARD ENGINEERING
Pitl,CTI CES TC SERVE THE SUBDIVISION, IN ORDER TO FROPERLY EXTEND THESE
SERVICES IO OT,ER AREAS, THE CITY OF FORT COLLINS WILL FAY A PORTION
OF THE COST OF SUCH ENLAkGED FACILITY BASED ON FRORI,TION OF TH.- COST OF
THE FACILITY ACTU.:LLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH
, ,,CILITY AS SHOWN ON THE SUB DIVI DERMA APPROVED PLAN. SUCH PROR,:TION OF
CV'ITS BET'ALEN THE C'TY OF FORT COLL]NS AND THE SLEDIVIOUR SHALL EE
DF:FRMINED IN ^,OV,',NCE CF CONSI"RUCTION BY THE CITY ENGINEER :'.ND IN THE
FVFNT ^F ANY DISPUTE THIS MATTER SHALL BE SU6MITTED TO THE CITY COUNCI1
=JR FINAL GE TE PM I N,, T I ON.
IN X I:LjS ,ITiEREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BE
AIGNED BY ITS AYOP ND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED
T: BY :To CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
FGI<T COLL1 GB D.',TED THE �'� 1'Y' DAY 0F)IC-1'A.D., 19 �� p AND oFCOND
PARTY HAS HERETO SET HIS HfiND AND SE,'',L THE DAY AND YEAR FIRST HEREIN-
AB."VE WRITTEN.
AT7EST:
CITY CLERK
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPORATION
L
VAYOP
FIRST P:,RTY
n G'.T.' f-!Tyr or,
I
(SEA,[.)
SECOND PARTY
1. The City shall forthwith proceed to relocate the Sherwood
Ditch and to construct the bridge across said ditch to continue Stover
Street in the City and to do the other necessary work in connection with
the same. Said work shall be completed as expediently as possible.
2. The Developers agree that the City shall be fully reimbursed
for the work to be done by it, such reimbursement to be at the cost of the
City including its charge for labor, materials, and any other expenses
incurred in said work. Upon completion of said work, the City shall
present its bill to the Developers for its costs expended in performing
such and the Developers shall pay such amount over to the City within
twenty days from the date such bill is delivered.
3. This agreement shall be binding upon the parties hereto,
their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be signed the day and year first here and above written.
ATTEST:—,
CITY CL K
ATTEST:
SECRETARY
ATTEST:
SECRETARY
THE CITY OF FORT COLLINS, A MUNICIPAL CORPORATION
BYr
HIGHLANDS DEVELOPMENT COMPANY, INC.
BY:
i,, PRESIDENT
SHERWOOD, INC.
BY:
PRE IDENT
-2-
AGREEMENT
THIS AGREEMENT, made and entered into this j � day of \� 1969,
by and between JOHN WHEELER, hereinafter designated as first part and HIGHLANDS
DEVELOPMENT COMPANY, INC., and SHERWOOD, INC., hereinafter designated as second
parties, WITNESSETH:
WHEREAS, first party is the owner of the following described property
situated in the County of Larimer and State of Colorado, to -wit:
Lot 20, Block 12, South College Heights Seventh
Subdivision to the City of Fort Collins, Colorado; and
WHEREAS, second parties are developers of lands in the same area as
the property described above, and in connection with the development of said
lands, it is necessary to relocate the Sherwood ditch and to construct a bridge
over said ditch in order to continue Stover Street in the area of said lot.
WHEREAS, first party has agreed to sell the property described above
for a price of $1,000.00, said price being below the value of said lot and the
excess value in said lot to be first party's contribution towards the relocation
of said ditch and the construction of said bridge.
NOW, THEREFORE, this agreement, NITNESSETH:
1. Second parties have executed this date a deed in blank conveying
the property above described.
2. Said deed shall be placed in escrow with the University National
Bank of Fort Collins, and shall be held in escrow until second parties have
paid over, or caused to be paid over, to the bank the sum of $1,000.00 to be
paid to first party as the purchase price of said lot. Upon receipt of the sum
of S1,000.00 from second parties, the bank shall deliver the deed to second
parties and shall pay over to first party the S1,000.00 paid to the bank, less
expenses of abstracting or title insurance as he'reaftcr provided for.
3. Second parties shall have the right to sell the property which
is the subject of this agreement at any time within one year from the date of
this ag'rn,'ant and apply the purchase price, less the S1,000.00 to be ^aid to
first Crky, to thy: co t of constructinc the bridge and relocating the ditch
K14� iAIF15
as above set forth. If said property is not sold by second parties within one
year from the date of this agreement, then at such time second parties may pay
the sum iof $1,000.00 to the University National Bank of Fort Collins and receive
the deed to said property. The bank shall pay over to first party the amount
so received, less expenses of abstracting or title insurance as aforesaid.
4. First party agrees that title is marketable to said property in
first party and that first party will furnish either an Abstract of Title cer-
tified to a current date or a Title Insurance Policy in the amount of the purchase
price of the property, shoring such marketable title.
5. Second parties agree, subject to the provisions of this agreement,
to be responsible for the installation of the bridge and the relocation of the
ditch as set forth abode, and it is agreed that the within agreement represents
first party's contribution to the expense of such bridge and relocation.
This agreement shall be binding upon the parties hereto, their heirs,
personal representatives, successors, and assigns.
IN WITiNESS 41HEPEOF., the parties hereto have caused this agreement to
be signed the dateand year first hereinabove written.
John Wheeler
HIGHLANDS DEVELOPMENT COMPANY, INC.
BY:�
President (�
ATTEST:
r Secre a. a
SHERWOOD, INC.
BY:
ATTEST:
Secretry
esiaen
�kl14-; 53()
I v v.F .1t,l,,
The undersigned University National Bank of Fort Collins, hereby
accepts the position of escrow agent as described in the foregoing agreement.
i
ATTEST:
UNIVERSITY NATIONAL BANK OF FORT COLLINS
BY:
Presiders
AGREEMENT FOR PO: NED PAVING OF STOVER -c ET, SOUTH COLLEGE
HEIGHTS 7TH SUBDIVISION, FORT COLLINS* COLORADO
This agreement: made this 5th day of A.up"ust , 1965 by and between
Cache Investment Co„ a Co -Partnership, (hereinafter called Builder) party of the first
part, and The City of Fort Collins, Colorado (hereinafter called City) party of the second part
Whereas, Builder is presently responsible for the paving of the West one-half of Stover
Street from the north line of Lot 19, Block 12 to the South line of Lot 15, Block 4, South
College Heights 7th Subdivision as shown on the attached estimate and map labeled exhibits
"A" and "B" respectively,
Whereas, Builder, due to conditions beyond its control, at this time is unable to
complete the above described work,
Whereas, Federal Agencies and lending agencies have established certain appraisal
values relating to the dwellings constructed within the above mentioned subdivision, such
values being predicated on completion of all off -site improvements related to the dwellings,
and
Whereas, lending agencies have made and are making mortgage loans on dwellings
affected by the above described work in reliance upon an earlier escrow agreement which
will expire before said work can be completed,
Whereas, Builder will soon complete all other required work within the subdivision
and will no longer maintain offices within the City,
Now, Therefore, This Agreement Witnesseth: That for the purpose of assuring and
guaranteeing to the Builder, the City and all other interested parties that the above work
will be satisfactorily completed; the parties hereto covenant and agree as follows:-
1. Builder agrees to deliver to the City the amount of $8, 395. 87 as shown on
Exhibit "A" at the timeof the acceptance and signing of this agreement.
2. City acknowledges the receipt of the above amount and hereby agrees as
follows:=
a. City agrees to deposit said moneys in an interest bearing account and
hereby releases, Builder from any future responsibility concerning work covered
in Exhibit "A". City further agrees to use said principal and interest to maintain
an all-weather road and eventually pave all areas as described in Exhibit "A'.
City will cause said paving to be completed within one year at no expense or
assessment to the abutting westerly property owners. However, in the event that
all of the problems causing the postponement cannot be successully resolved
within the one year limitation, this agreement would be automatically extended
on a year to year basis until said work is completed. City agrees to pursue
diligently and cause this work to be accomplished at the earliest possible date.
In no event shall this agreement expire until said work is completed.
In Witness Whereof, the parties hereto have hereunto caused these presents to be
executed on their behalf the day and year first above written.
Date J U L 2 6 1965
Date Au,-ust 5, 1965
Party of the First Part
CACHE
BY:
u %, O- a��r ner
By: 2 / ///�
John R. P. Wheeler, Co -Partner
' Party of the Second Part
CITY OF FORT C-OLLINS
BY: tt4l iliJ i)'l
Title
iiLie
WIT 53MLY OF MUNFEW
r,tT^ A7147 77T males and entered Into this Ath day =ust, A. n. 7W,
I. 1, r e('. tl -- --T, ,,. �;_,n ^,:, a Colorado 707007rtirn, h-e'_nalter
9osi •nnt •A a __ t 7ty, an' the .__ w ,W 7 WITI, a? McipY . o,-porn tion,
_Knafter dani, noted no accc-A ,arty, ..7SCE .
WAS, first party is the aimer of the lands embraced in -that
Lr,-m ns the South-ollege 9eijbta Seventh Subdivision, and
of
,'oy, , the dev_lopm_nt of said aroa All result in run-o£f water^
which oust be ;;^roparly iisvosed o£,and
'.T ES, thy• • a -tics he7oto have mutually aarce d that the sum of
PL, give 'nndr d `olla-., _ 5,500.00) is a :op - and suitabl',
in rt fo ti arty to ,,ate, t • _cc -n1 ;Tarty in cone: tion ;ith the rope-_
drakir- Lf , n a, ---.a in-.c _.._ it -Vat=s to the rTo _ I.-ai.nage of such
ar.c:a in corn-ns.Uon with the ru-roundin; a -was.
i �r^A IT11: c£ the Premise and the to-ms o£
h i .--rcmant, it is mutually a ;rW as Loll ovq:
1, ,K-t yas nrees to and does berc,dth ,ay unto second party
n., sum _. ' h par" Qve-unlr& nollar.s 06,500.01) Mch said su__ shaM
hn a-ud 51 .u,n' ya-t-; 'n the Outur_ eons L"ructWn stnyp scw= t.-
_-. V'; L^n L" wjht, nlBn tK Subdivision and t"i]r' a a!]aC2n
Lncr- to.
.'_. ,cend arty shelf not be -c^uirec to imm dfately construct
.;aid -t" Y �a s-r, bnt •. :n.1l r ct + .-. i =comes necessary
_on� n -^mc h_n 't
w rcaerly dis-.os^ o` the run-off &.tors of the areas involved.
Th, store _�er Lo ha construciiea by secoW -arty shall_ , O
u th. [I :-cc n-':t` VL-. _:-n ^o.it-1 'oI Irx: i,ht;-.:vcnt;, "Adivillor
rr on- ,, jrs >crLts zion- ^t(v Str.,et and Nall carry it _e a Point
i wo , til Me as Lho lane ll,W _._^t _ 'iouth .;oll __
i ' l; j:-iwi.. on is vnlo--: d, W nAac2 u -nfr tram er:il
n .;». 11"_l he Ks rs& cf by available irrigacion Hiccnes as -rovxacu
Lot by a,t00WC1lLS 60 no WLerea Lino oy sue Cumege lleiguLs Land Go. and
1 , .
IMi,1 !LTQ �.'_
__��� -arty
r, gult of LAC , ,alo rin,:t o° t:2 South zolle
. .. 1 VvntWKVLSW,, --of! �.t= will 1e ueVOMPY which iust be
disposed oP, a&
-r,t S, s,lev un-of aLa-.-s can p--esently to disposed of by
conv�, it L,._ _nvc C'':t-'J,i„ i'-,at! G-.1 tiL_.tCS ac,_J3S a -eve l:,, 1"s IYU,
last of ,ail subjivision, and
.WS, '_n the future as said adjacent landq ore a v luged it M`-
a:;,v
c,-ice _ to WWI! , lc , _. ,�cnn .O.aer facilities,
t-. 'o�-t'. VU-11 0 ._ch EuMvislor should at
UK ti. , ar it i, ,einj dcvel p _d, advance sufficient funds for the
pnyinj its fair share .for ate future construction of stori:i
m Pncii:'aic. which will service said subdivision, and
... As, the ,_ty '-„ -.ee°- "as VICUMwendai that such su.. shouN
a2 ill too awoum V y�i., ���'.i. -�', and
AS, SaV 'olle,,c 03US MY Go. has a6reci to pay said
.curn to cte M, K w-_� S011W to .. ,_ US& „,. a,.. M; _e:- t-., ._.tc.-_e
ccLsUnctM K storm Ece_' facilities, and
t:i= Wit'^ Attorney haq pr a`ef .an a,reewunt t0 be
c 1Lp,& Mc by L ... M; of -fort Collins 41th 7ai" .molt, j"&;At.s 1aN
O. , & l0 vu to said raLLar u icn sal . aS, cement ' as Won al proved
by tilc My i anaje ,arp
F, it is ti e 0; linen of the city council that it :.gill be
f"Y W2 ;.=^,t ll tvr.: r!.tc no '_..0 Wity V r() .. '_U i. :1.; if Sal. C,rainvent 0
ezuWaCc,' by LVC parties _hereto.
., li f; 7 _.:.at tAv 2 _ -...- of s7 _,1 ag_ _ __n o _ an. the aa.._ a:. _ i,reby r, y , over.
- -1 3 _..at rayon and it, ;lock 1,. art '
c __. ,;y av,. 1...._ aW _.1...vLn I to o e._}Icc sail. .. e:.c-.t For ....- or.
behalf �v tho MY of 7urt oellinn.