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HomeMy WebLinkAboutOAK RIDGE WEST 1ST FILING HEALTHCARE INTERNATIONAL - FINAL - 23-87B - - ROW RELATED DOCUMENT (7)A • ARTHUR E. MARCH, JR. RAMSEY D, MYATT MARK L. KORB JOSEPH T: CARROLL, JR. ROBERT W. BRANDES, JR. RICHARD S. GAST LUCIA A. LILEY J.BRAOFORD MARCH HAND DELIVER MARCH, MYATT, KORB, CARROLL & BRANDES ATTORNEYS AND COUNSELLORS AT LAW ROBERTSON BUILDING 110 EAST OAK STREET FORT COLLINS, COLORADO 8OS24 (303) 482-4322 TELECOPIER (303) 482-2962 Mr. W. Paul Eckman Assistant City Attorney 300 LaPorte Avenue Fort Collins, CO 80521 August 20, 1987 ARTHUR E-. MARCH 1909-1981 MAILING ADDRESS:- P. O. BOX 469 FORT COLLINS, CO 80522 kt - Ion ly Alr- Re: Oakridge West P.U.D., First Filing Rule Drive Dedication Dear Paul: Enclosed is the revised Agreement resulting from the Thursday morning phone conference with you, me, Tom Peterson and Bob Zakely. The revisions appear in paragraph 3 of the Recitals, Section 1(a) and Section 2. Unless I hear from you by the end of the day, I will assume the Agreement as revised meets with your approval. Thank you for your cooperation. Very truly yours, MARCH, MYATT, KORB, CARROLL & BRANDES RSG:pav Enclosures cc: Tom Peterson, Planning Director Robert Zakely Oak Farm Inc. Eldon Ward feTe37a"U -Dmi► ri This Agreement is entered into August 21, 1987 by and between Everitt Enterprises Limited Partnership No. 1, a Colorado limited partnership, and KEM Homes, Inc., a Colorado corporation (collec- tively referred to herein as "Everitt and KEM"), and the City of Fort Collins, Colorado, a municipal corporation (the "City"). Recitals Everitt and KEM are the owners of certain real property with- in the City of Fort Collins, Colorado identified as Oakridge West P.U.D., First Filing, a Tract of Land located in the Northeast Quarter of Section 1, Township 6 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado ("Oakridge"). On the Plat of Oakridge West P.U.D. First Filing (the "Plat"), Everitt and KEM are dedicating for public use certain property described on the Plat as Rule Drive. Additional property to the west of Rule Drive, identified on the Plat as Tract A -Utility Easement ("Tract A"), will be pres- ently dedicated by Everitt and KEM as a utility easement but will not be presently dedicated as a street. By this Agreement, the parties wish to set forth the terms and conditions on which Tract A will be subsequently dedicated for public use as a street. Agreement In consideration of the mutual covenants contained in this Agreement, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as fol- lows: 1. Conditions for Dedication. At no cost to the City, Everitt and KEM will dedicate Tract A to and for public use as a street upon the earlier of the following events: a. The City's issuance of the first building permit for the Healthcare Colorado, Inc. Medical Office Building (Phase II development as finally approved August 24, 1987), to the extent that Tract A is then necessary for access to said Building. b. The City's final approval of development of that parcel of land lying immediately to the north of Oakridge, presently owned by Everitt and KEM, which property is legally described on Exhibit A, attached and incorporated by refer- ence, to the extent Tract A is then necessary for access to said parcel. Page 1 of 3 11 C. The City's final approval of parcel of land immediately to the west. owned by Oak Farm Inc., which property on Exhibit B, attached and incorporated extent that Tract A is then necessary parcel. development of that of Oakridge presently is legally described by reference, to the for access to said 2. Costs of Improving Tract A. In the event Tract A is dedicated under Section 1 a ove, the, dedication shall be of Tract A plus fully completed street improvements, including without limitation, street, curb, gutter, sidewalk, lighting, and utility improvements. All costs of constructing such improvements on Tract A will be borne by the landowner whose development has triggered the dedication. Such improvements shall be made in accordance with all then existing applicable City requirements. 3. Term. If none of the events described in Section 1(a) through 1(c) above have occurred by August 21, 2008, then this Agreement shall at that time become null and void, and all obliga- tions of Everitt and KEM hereunder shall terminate without further action by any party. Furthermore, in the event of such termina- tion, any restriction contained on the Plat regarding the dedica- tion of Tract A shall become null and void without further action by any party. 4. Entire -Understanding. This Agreement constitutes the entire understanding between the parties and incorporates all previous negotiations and agreements. Any change in the Agreement must be in writing executed by all parties. 5. Binding Effect. This Agreement shall be binding upon the parties, their respective successors, grantees and assigns. 6. Recording. This Agreement shall be recorded with the Clerk and Recorder of Larimer County, Colorado. Dated the date set forth above. EVERITT ENTERPRISES LIMITED PARTNERSHIP NO. 1, a Colorado limited partnership BY: EVERITT ENTERPRISES, INC., a Colorado corporation, Managing Partner By: Gerald R. Haxton, President ATTEST: Gary W. Sauder, Vice President Treasurer and Assistant Secretary Page 2 of 3 L] KEM HOMES, INC., a Colorado corporation By: William R. Krug, President ATTEST: Tracy-Hozie, Assistant Secretary CITY OF FORT COLLINS, COLORADO, a municipal corporation By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: W. Paul Eckman, Assistant City -Attorney Page 3 of 3