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HomeMy WebLinkAboutEDORA ACRES PARTIAL REPLAT - Filed OA-OTHER AGREEMENTS - 2003-07-31MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 14th day of FEBRUARY� A. D. 1974 by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and MARTIN J. GOBLE Hereinafter designated as second party, WITNESSETH: WHEREA.S,.second party has heretofore submitted a subdivision plat of the subdivision to be known as JENNAWAY PLACE �� P For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREAS, said subdivision plat is acceptable to first party and first party's Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. First party agrees that said subdivision plat shall be, and the same is hereby approved. 2. 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 improvement plans, acceptable to the first party: Cl) A plan of the proposed water distribution system including the connecting pipelines to the points of connection to the first party's existing water distribution 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 sanitary sewer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first party's existing electrical distribution 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's storm sewer system and including all storm sewer inlets and manholes. If a storm sewer outfall line is not available, second party agrees to join into a special.improvement district for the installation of such outfall line upon request therefore by first party and to sign any petition and perform any other act necessary to form such district. (6) Items A (1) to A (S) inclusive are to be financed by the party of the :second part, excepting only Item (3) electrical distribution system. All material required for street lights are to be paid for by the party of the :second part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer mains or storm sewer mains to be constructed within the subdivision than would be required by standard engineering practices to serve the subdivision, in order to properly extend these services to other areas, the City of Fort Collins will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the sub - divider's approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto affixed attest to by its City Clerk, pursuant to motion of the Council of the City of Fort Collins dated the /c( "i` day of A.D., 19 71i , and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: ­7 j -- .1, _7 ity C erk ' THE CITY OF FORT COLLINS A Municipal Corporation By `�C Mayor First Party nd (SEAL) arty MAINTENANCE COVENANTS FOR EDORA ACRES, P.U.D. WHEREAS, F.C.L.A. INVESTMENTS, a Colorado Partnership, (hereinafter referred to as "the Declarant") is the owner of that certain parcel of real property located in the County of Larimer, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by reference, and hereinafter referred to as "the Property"; and WHEREAS, the Declarant desires to provide for the main- tenance of the landscaping, parking areas, and common driveways of the Property as described and designated in the Final Plat and Development Plan for Edora Acres P.U.D. as approved by the City Council of the City of Fort Collins, Colorado (hereinafter referred to as "the Development Plan"). To this end, the Declarant desires to subject the Property to the covenants, conditions, restrictions, charges, and liens hereinafter set forth. NOW, THEREFORE, the Declarant hereby declares that the Property shall be held, sold, conveyed, transferred, leased, subleased, and occupied subject to the following covenants, conditions, and restrictions which shall run with the Property and which are for the purpose of protecting the value and desir- ability of the Property and every portion thereof and shall be binding upon all parties having any right, title, or interest in the Property or any portion thereof, their heirs, administrators, successors, and assigns and shall inure to the benefit of the owners thereof. 1. As used herein, the term "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any portion of the Property but excluding those having such interest merely as security for an obligation. "Owner" shall include the Declarant to the extent that the Declarant owns any portion of the Property. The Declarant, or any subsequent Owner shall make and install all landscape improvements and shall construct all parking areas and common driveways in accordance with the Development Plan for that portion of the Property owned. Land- scaping, parking areas, and common driveways shall be completed as designated in the Development Plan in the area adjacent to each dwelling house, building, or other structure to be constructed upon the Property within a reasonable time after the completion of the construction of such structure. The Declarant and all subsequent Owners shall be responsible for the continuous main- tenance and care, in a good and husband -like manner (including necessary replacement of dead trees and shrubs), of all such landscaping within that portion of the Property owned in accord- ance with the Development Plan and shall be responsible for the continuous maintenance and repair of parking areas and common driveways located within that portion of the Property owned. 2. In the event the City of Fort Collins shall determine that the Owner of any portion of the Property has failed to maintain and care for the landscaping in a good and husband -like manner in accordance with the Development Plan, or has failed to maintain or repair the parking areas and common driveways located within that portion of the Property owned, then it shall so notify such Owner, in writing, who shall restore the landscaping, parking areas, or common driveways in accordance with the Development Plan. If said Owner shall fail either to'restore the landscaping, parking areas, or common driveways in accordance with the Development Plan within thirty (30) days after receipt of such notice, or to commence such restoration within twenty (20) days after receipt of such notice and continue thereafter to use due diligence to complete such restoration, then the City of Fort Collins shall have the right to enter upon that portion of the Property in question and perform the work necessary to restore the! landscaping, or repair the parking areas or common driveways in accordance with the Development Plan, and the Owner of that portion of the Property so restored or repaired shall pay or cause to be paid to the City of Fort Collins such reasonable sums as are! necessary to reimburse the City of Fort Collins for the labor and material expended by the City in restoring the landscaping, parking areas, or common driveways in accordance with the Development Plan. Said payment shall be made to the City of Fort Collins within thirty (30) days after receipt of a statement for the labor and materials so expended by the City of Fort Collins. 3. In the event it becomes necessary for the City of Fort Collins to restore the landscaping or repair the parking areas or common driveways of any portion of the Property as herein provided and in the event the Owner of that portion of the Property so restored or repaired fails to reimburse the City of Fort Collins for the cost of labor and materials expended in completing such restoration, or repair then the City of Fort Collins shall have a lien on that portion of the Property upon which maintenance, repairs or improvements were made and upon the recording of notice thereof by the City of Fort Collins, such lien shall be constituted upon such portion of the Property so improved. To evidence such lien, the City of Fort Collins shall prepare a written notice setting forth the amount due and owing to the City of Fort Collins for repairs or improvements made to the Property as herein provided, the name of the Owner, and a legal description of that portion of the Property upon which such improvements or repairs were made. Such notice shall be signed on behalf of the City of Fort Collins and shall be recorded in the Office of the Clerk and Recorder of the County of Larimer, State of Colorado. Such lien shall attach from the date of recording in the Office of the Clerk and Recorder and may be enforced by foreclosure by the City of Fort Collins of that portion of the Property improved in like manner as mortgages on real property. 4. Any assessment made by the City of Fort Collins pursuant to these covenants against the Owner of any portion of the Property for landscape improvements or repair of maintenance of the parking areas or common driveways shall be the personal and individual obligation of said Owner at the time the assessment is made. Suit to recover money judgment for unpaid assessments shall be maintainable by the City of Fort Collins without foreclosing or waiving the lien securing the same. IN WITNESS WHEREOF, F.C.L.A. Investments, a Colorado Partner- ship, has ex c ed these Maintenance Covenants for Edora Acres, P.U.D. the -day of August, 1978. F.C.L.A. INVESTMENTS, a Colora o Partnership By! - - L�fi�c�-• By: I DANI ALSON, general partner PHIL P R. ISCH, general partner STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing Maintenance CovenVts for Edora Acres P.U.D. were acknowledged before me this day of August, 1978 by Daniel P. Wilson, and Philip R. Risch as general partners in F.C.L.A. Investments, a Colorado Partnership. My Commission expires: �Q�1.�0�,� 20) 198�- WITNESS my hand and official seal. (�l Notary Public -2- EXHIBIT "A" EXHIBIT "A" ATTACHED TO AND MADE PART OF THE MAINTENANCE COVENANTS FOR EDORA ACRES, P.U.D. REAL PROPERTY DESCRIPTION Lots 1, 2, 3, 4, 5, 6, 7 Partial Replat of EDORA ACRES, FIRST FILING, a Replat of Tract C, Block 2, Edora Acres First Filing, in the City of Fort Collins, County of Larimer, State of Colorado.-