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HomeMy WebLinkAbout6297I �, 8`79081 RECC*r%# P6LO coutstr, co,_o :.. ", / 1-2 � 31 ' P ` M ° DEC 2 7 1988 RESOLUTION N0. 6297 RESOLUTION APPROVING AN IMPROVEMENT AGREE- MENT BETWEEN THE CITY OF PUEBLO AND RANCHO DEL SOL, INC., CONCERNING PUBLIC IMPROVE- MENTS IN THE RANCHO DEL SOL SUBDIVISION, FIRST FILING 000k24 rAu X77 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: CFrTTnN A Public Improvement Agreement dated November 7, 1988, by and be- tween the City of Pueblo, a Municipal Corporation, and Rancho Del Sol, Inc., the original of which is on file in the office of the City Clerk, and is made a part hereof by reference, having been approved as to form by the City At- torney, is hereby approved. SECTION 2. The President of the Council is hereby authorized and directed to execute said Public Improvement Agreement for and on behalf of the City and the City Clerk is hereby directed to attest the same and affix the seal of the City thereto. cCrTTnni i After due execution and acknowledgement of this Agreement, the City Clerk is directed to record said Agreement in the office of the Pueblo County Clerk and Recorder. ATTEST: INTRODUCED Ilovember 28 ,1988 By DOUGLAS L. RING Councilman APPROVED Kenneth F Hu President of the Council Marian D. Mead City Clerk -', r w-' O tt e o�cq v. COLORARO ESCROW AGREEMENT DEC 2 7 1333 sooR2429 �Ag 79 THIS AGREEMENT, consisting of three original counterparts, made and entered into this 7th day of November, 1988, by and be- tween Pueblo, a Municipal Corporation, hereinafter referred to as the City, and Rancho Del Sol, Inc., a Colorado Corporation, herein- after referred to as the Subdivider. W I T N E S S E T H: WHEREAS, Subdivider is the owner of all lots in Block 1, Rancho Del Sol, First Filing, and is required to provide and con- struct improvements required by Section 12- 4 -7(j), 1971 Code of Ordinances, City of Pueblo, at its sole cost and expense, in accord- ance with Alternative 4 set forth therein and the improvement plans on file in the Department of Public Works of the City of Pueblo; and WHEREAS, the Subdivider is subject to an Agreement with the City, duly recorded in the records of the County Clerk. and Recorder, Pueblo, Colorado, hereinafter referred to as the Agreement, which Agreement provides, in part, that the Subdivider shall make a deposit of case or other collateral computed as provided in the Agreement, which may be deposited with any bank or trust company in the State of Colorado, subject to an escrow agreement whereby the holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all required im- provements required by the Subdivider shall have expired; and WHEREAS, the amount to be deposited, computed as provided in the Agreement is to be not less than $58,758.00, which amount the Subdivider hereby agrees to pay. NOW, THEREFORE, Subdivider agrees to and does hereby deposit with the Colorado National Bank- Pueblo, in escrow, (herein Escrow Agent), the sum of $58,758.00, all of which will be paid to the City upon written demand of the Director of Public Works of the City of Pueblo at any time after the 24th day of October, 1988, to be used by City in accordance with the Agreement The escrow deposit gook 24 29 FAr.,F 80 shall be subject to the following terms and conditions. 1. If the improvements required by the Agreement are not com- pleted to the satisfaction of the Director of Public Works by the Subdivider on or before the 24th day of October, 1991, the escrow deposit, plus any earnings thereon, shall be paid by the Escrow Agent to the City of Pueblo, upon written demand made to the Escrow Agent by the Director of Public Works of the City of Pueblo at any time after the 24th day of October, 1988. If the improvements required by the Agreement are timely com- pleted by the Subdivider to the satisfaction of the Director of Public Works, the escrow deposit plus earnings thereon shall be paid to the Subdivider upon written notice of satisfactory completion given to the Escrow Agent by the Director of Public Works. 2. If no written demand is made to the Escrow Agent by the Director of Public Works of the City of Pueblo before the 24th day of October, 1991, the Escrow Agent is authorized and directed to re- turn the escrow deposit, plus any earnings thereon, to the Subdivider. 3. The Escrow Agent is authorized and directed to open a savings account at the Colorado National Bank - Pueblo, under its con- trol and subject to this Escrow Agreement, with the escrow deposit and all earnings thereon are to be retained until paid as set forth above and shall be charged to the Subdivider for income tax purposes. 4. The Escrow Agent shall be liable as a depository only and shall not be responsible for the sufficiency or accuracy of any documents, and it may rely upon any paper or other writing believed by it to be authentic in making any payments of the escrow funds. 5. In the event there is any disagreement between the City and the Subdivider, the Escrow Agent has the right to withhold all money, property and documents in its possession until a mutual agreement has been reached between the parties or until delivery is authorized by a final judgment or court order. b. The Escrow Agent shall be entitled to reasonable compensa- tion for its services and may employ attorneys for the reasonable protection of the escrow funds and of itself and shall have the right to reimburse itself out of any escrow funds in its possession - 2 -- 660M2429 rAGE 8:t for costs, expenses, attorney's fees and its compensation and shall have a lien on all money, property and documents to cover same. All such fees, costs, expenses and attorney's fees shall be the sole obligation of Subdivider, and upon demand by City, Subdivider shall reimburse the escrow fund therefor. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION By, P esiden of the Council ATTEST: zz L Q/� , / City Cler APPROVED AS TO FORM: CitY Attorney STATE OF COLORADO, ) ss. COUNTY OF PUEBLO. ) The foregoing instrument was acknowledged before me this —' 5� zz day of November, A.D. 19 8 8 , by I:e nneth F. Hunter President of the City Council, and Marian D. Mead as as City Clerk of the City of Pueblo, Colorado. Notary Public t q 19sion expires : M y Wmm" Expires May 2, 1991 - 3 - MR 24 29 v46F C9' SUBDIVIDER: RANCHO DEL SOL, INC. Robert W. Walker President t; '.caa J • .� . _ •ATTEST ' ' r " J ie Hirsch Secretary STATE OF COLORADO, ) COUNTY OF PUEBLO. ) The foregoing instrument was acknowledged before me this 7th day of November, A.D. 19 8 8 , by Robert W. Walker as President, and Jackie Hirsch Rancho Del Sol, Inc. as Secretary, of Notary My commission expires: 8/10/91 The terms of the foregoing Agreement are hereby accepted COLORADO NATIONAL BANK- - PUEBLO BY Escrow Officer =5=