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HomeMy WebLinkAboutLORY ANN ESTATES - Filed OA-OTHER AGREEMENTS - 2002-11-07ESCROW AGREEMENT This Escrow Agreement is made and entered into this ?'t-day of �L""t 199,5, by and between G.A.S. Properties, LLC, a Colorado lim ed liability company, and the City of Fort Collins, Colorado, a municipal corporation. fSiii�i�X9aIlY:A WHEREAS, G.A.S. Properties, LLC is the owner (the "Owner") of a parcel of property located within the City of Fort Collins, Colorado (the "City") known as the Lory Ann Estates Subdivision to the City of Fort Collins, Larimer County, Colorado (the "Property"); and WHEREAS, the final plan for development of the Property has expired and the Owner is revising the utility plans for the Property in accordance with the City's standards; and WHEREAS, the revised utility plans for the Property approve the use of a ten (10) foot utility easement for certain drainage and sewer lines (the "Existing Easement"); and WHEREAS, the City's current regulations require a wider utility easement for such uses and the parties hereto desire to provide a mechanism for the provision of such wider easement. NOW, THEREFORE, the parties hereto agree as follows: 1. A ten (10) foot wide utility easement now traverses the eastern boundary of the Property. The revised utility plans for development of the Property, as approved by the City, approve the use of such easement for certain storm drainage and sewer lines as shown on such plans, attached as Exhibit A, incorporated herein by reference. 2. Upon execution of this Escrow Agreement, the Owner agrees to deposit with the City the sum of $2,500.00, to be used in accordance with the terms and provisions of this Escrow Agreement (the "Escrowed Money"). 3. In the event that the parcel of real property adjacent to the Property on its eastern boundary should develop during the term of this Escrow Agreement and the City can legally require the owner of such property, as a condition of development approval, to dedicate a utility easement adjacent to the Existing Easement, the City agrees to require such easement dedication. In such event, upon receipt by the City of such dedication, the City shall thereupon return any remaining balance of the Escrowed Money to the Owner. 4. In the event that, during the term of this Escrow Agreement, either such additional easement cannot be required upon development of the parcel to the east of the Property or such parcel does not develop within such time frame, then the City may use the Escrowed Money for all reasonable and necessary costs it may incur, including reasonable attorneys' fees, to purchase or condemn an additional utility easement adjacent to the Existing Easement and running from north to south a distance of approximately 300 feet at a width of ten (10) feet, for a total square footage of approximately 3000 square feet. In addition, the City may use the Escrowed Money to pay all reasonable and necessary costs of acquisition of a temporary construction and maintenance utility easement in the same location in the event of a problem with sewer lines which requires additional construction and/or maintenance and, further, in the event such temporary easement cannot be purchased by the City, may use the Escrowed Money to pay any reasonable and necessary additional costs to maintain or repair such line resulting from the width of the easement. The City agrees that it shall pay the fair market value of any such easement acquired by the City. If, however, the City uses all of the Escrowed Money as permitted under this Escrow Agreement but incurs additional costs for which it is entitled to be reimbursed under this Escrow Agreement, the Owner shall, upon written demand therefor, pay to the City such additional amount, up to a maximum of $2,500.00. If the fair market value of any such easement should be in excess of $2,500.00, then the Owner, upon written demand therefor, agrees to pay the City such additional amount, up to a maximum of $2,500.00. In no event shall the total amount paid by the Owner to the City under this Escrow Agreement exceed $5,000.00. 5. The term of this Escrow Agreement shall be for a period of fifteen (15) years, commencing upon execution thereof. If the Escrowed Money has not been used by the City during the term of this Escrow Agreement for the purposes set forth herein, the City shall, at the expiration of such term and within thirty (30) days after receipt of written request therefor, pay any remaining balance of the Escrowed Money to the Owner. 6. All notices given to any party hereunder shall be in writing and shall be sent to the parties at the addresses specified below: OWNER: G.A.S. Properties, LLC ATTN: Jim Scavo c/o Jim Scavo Realty, Inc. 220 E. Mulberry Fort Collins, CO 80524 CITY: City of Fort Collins Water & Sewer Department ATTN: Roger Buffington P. 0. Box 580 Fort Collins, CO 80522-0580 9 7. This Escrow Agreement shall be governed by, and its terms construed under, the laws of Colorado. 8. This Escrow Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. DATED the date set forth above. OWNER: G.A.S. PROPERTIES, LLC, a Colorado limited liability company By: -James A. Scavo, Managing Member Cull\I.EWEGIS -James A. Scavo, individually CITY: THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: (,�' �90 �Dlane Jones, erim City Manager APPROVED AS TO n i ATTEST: Wanda Krajice , Citt Clerk 3