HomeMy WebLinkAboutFORT RAM VILLAGE PUD - Filed OA-OTHER AGREEMENTS - 2003-11-05RCPTN # 90018737 05/04/90 08:05:40 # PAGES - 5 FEE - $25.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
AGREEMENT
r��HIS AGREEMENT is made and entered into this fS� day of
lLt) , 1990, by and between THE CITY OF FORT COLLINS,
COLORADCO, a municipal corporation ("City"), and RONALD D. GRAY and
CLAUDINE V. GRAY ("Developer").
W I T N E S S E T H:
WHEREAS, on the 16th day of March, 1988, the Developer and the
City entered into a Development Agreement ("Development Agreement
No. 111) with respect to the development of the following described
property, to wit:
FORT RAM VILLAGE P.U.D., FIRST FILING, being a tract of
land located in the North Half (N/2) of Section 15,
Township 7 North, Range 69 West of the 6th P.M., City of
Fort Collins, County of Larimer, Colorado.
WHEREAS, on the 27th day of June, 1988, the Developer and the
City entered into a Development Agreement ("Development Agreement
No. 211) with respect to the development of the following described
property, to wit:
FORT RAM VILLAGE P.U.D., SECOND FILING, being a tract of
land located in the North half (N/2) of Section 15,
Township 7 North, Range 69 West of the 6th P.M., City of
Fort Collins, County of Larimer, Colorado.
WHEREAS, under the terms of Development Agreements No. 1 and
No. 2, it is provided that the Developer shall construct those
items set forth in Exhibit "A" attached hereto (hereinafter called
"Improvements")
WHEREAS, as of the date hereof, the Developer has completed
the portion of the Improvements which are described on Exhibit "B"
attached hereto (hereinafter called "Completed Improvements"); and
WHEREAS, the Completed Improvements have been accepted by the
City both as to design and construction.
WHEREAS, subsequent to the execution of the Development
Agreements, it has become apparent to both the City and the
Developer that the completion of all of the Improvements will
involve an effort of a more comprehensive nature than was
originally anticipated by the parties. Due to the broadened scope
of activities required to complete the Improvements, it is believed
by both the City and the Developer that the City should assume a
more active role in the supervision and completion of said project.
CITY' OF FORT COLUN3
T
NOW, THEREFORE, in consideration of the mutual promises of the
parties, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties agree as
follows:
1. The Developer hereby agrees to withdraw as the party
responsible for completion of the construction of the aforesaid
Improvements and hereby agrees to assign and delegate that right
and duty to the City. The City hereby accepts the assignment and
delegation of the right and responsibility of constructing the
Improvements.
2. The Developer shall be responsible for the completion of
the design of the improvements from the confluence of the Larimer
County No. 2 Canal and Spring Creek to Heatheridge Road; and shall
be reimbursed by the City pursuant to the provisions of Development
Agreements No. 1 and 2 and paragraph 4 hereof. All other necessary
design shall become the responsibility of the City.
3. The Developer shall be responsible for the revegetation
(grading and seeding) and maintenance of all grass areas as shown
on the site plan for the Fort Ram Village P.U.D. The Developer's
duty to maintain said grass areas shall terminate upon City
acceptance of said revegetation as being completed in accordance
with the site plan and the specifications of the City's "Storm
Drainage Design Criteria and Construction Standards." The
Developer shall be reimbursed for said revegetation and maintenance
in accordance: with the provisions of Development Agreements No. 1
and No. 2 and paragraph 4 hereof. The installation of all other
landscaping (trees and shrubs) as shown on the site plan shall be
the responsibility of the City.
4. The Developer agrees that the seven percent (7%)
construction management fee to which the Developer is entitled
under the Development Agreement shall be reduced to four percent
(4%) of the cost of the Improvements for all future construction
work.
5. The City hereby agrees that the Completed Improvements
have been approved and accepted by the City, both as to design and
construction.
6. The City hereby agrees to indemnify and hold the Developer
and their successors and assigns harmless by reason of any claim,
loss, damage or liability (including attorneys' fees and costs),
known or unknown, ascertained or unascertained, suffered by any
person or entity which arises from or out of the construction,
design, intended use, operation and/or maintenance of the
Improvements, and/or the continued construction and design of the
Improvements for whatever reason.
PA
7. This Agreement shall run with the real property
hereinabove described and shall be binding upon the parties hereto,
their personal representatives, heirs, successors, grantees and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
City Manager
ATTEST:
City Clerk
APPR D AS TO FORM:
Deputy City Attorney
DEVELOPER:
Ronald D. Gray
Claudine V. Gray T%
EXHIBIT "A"
Description
Larimer No. 2 Canal Grading
4" PVC Subdrain
48" Inverted Siphon w/trash racks
Reg. Detention Pond Earthwork
Reg. Detention Pond Revegetation
New Mercer Canal Overchute
Spring Creek Check/Spill Structure
Spring Creek Floodway Structure
Canal Bk. & Plunge Pool Grad.
Larimer No. 2 Canal Riprap
Eliz. St. Canal Culvert Improvement
New Mercer Permit
4' Trickle Pan
4
Quantity Unit
1
LS
1615
LF
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
460
LF
EXHIBIT "B"
Description
Quantity
Unit
Larimer No. 2 Canal
Grading
1
LS
48" Inverted Siphon
99
LF
Reg. Detention Pond
Earthwork
1
LS
Reg. Detention Pond
Revegetation
1
LS
New Mercer Canal Permit
1
LS
4' Trickle Pan
460
LF
Larimer No. 2 Canal
Riprap
1
LS
5
a
SITE AND LANDSCAPE COVENANTS
FOR
Fort Ram Village First Filing P.U.D.
Situate in the P.U.D.
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of Fort Ram Village First FilingP.U.O. (The
Property) located in the City of Fort Collins, County of La rimer, State of
Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby
specifies that these declarations shall constitute covenants to run with
all of the Property and shall be binding on all parties and all persons
claiming under them, and for the benefit of and limitations on all future
owners of all or part of the Property, this declaration being signed for
the purpose of yuaiaiiteeing t ut the Property w'. 11 be develnped and
landscaped initially and kept in desirable condition in the future as
herein specified. "Owner" shall include the signator to this document and
all successors or assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and
site amenities including, without limitation, energy generation or
conservation amenities, as described in the site and landscape plans
submitted to the City of Fort Collins and on record therewith shall be made
and installed in the manner as described in said plans unless amended
pursuant to the approval of the City of Fort Collins. With the exception of
lands necessary for construction, the owner shall cause the property to be
developed according to the site and landscape plan submitted to and
approved by the City of Fort Collins. It is further understood and agreed
that the owner of the Property, or its assigns or successors in interest,
shall be responsible for the maintenance and care (including necessary
replacement of dead grasses, plants, trees or shrubs) of all "planted and
landscaped" areas and other amenities within said P.U.D. together with all
parking, sidewalks and open space areas and all areas otherwise utilized
for buffering energy conservation or other site amenity. Should the owner
fail in any respect to comply with the terms of this Agreement, the City of
Fort Collins upon notifying said owner in writing of the matters in regard
to which default is asserted and should the owner fail either to cure said
default within thirty (30) days after receipt of such notice or to commence
within twenty (20) days to rectify such default until it is fully rectified
or cured, then the City of Fort Collins shall have the right (1) to obtain,
in the district Court of Larimer County, Colorado, a mandatory injunction
requiring rectification of the default, or (2 ) to enter upon said property
and perform the work necessary td replace said improvements or maintain the
same and the owner shall pay or cause to be paid to the City of Fort
Collins such sums necessary to reimburse said City of Fort Collins for the
labor and material expended to complete or maintain said improvements which
payment shall be made within ten (10) days after receipt of billing. The
sum due and unpaid shall accrue interest at the statutory rate for
judgements from the date that such sum is due. If said billing is not paid,
then the City of Fort Collins pursuant to the authority granted by these
covenants, shall have a lien on the above described property and
improvements thereto. Said lien to be exercisable by filing a notice of
said lien against said property and improvements thereto; provided,
however, that the City of Fort Collins shall not have a lien against any
single-family lots and improvements thereto within the property, if
applicable. The City of Fort Collins shall be entitled to all rights of
foreclosure or other remedies existing pursuant to" Colorado law for
enforcement of liens against real pruperty and may also, at ir.s discretion,
without waiving any other rights it may have pursuant to law, proceed
directly with legal action against the owner, its assigns or successors in
interest, to collect payment of the reasonable amounts so expended pursuant
to the terns hereof..
ss
the right, undersigned,
consent uofetherCitydofsFo t CollinsbyColoradoexpressly
toreserve
amend
or restate these Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
Fart Ram Village First Filing P.U.D." which real property .hall include the
property suoject to these Covenants. 77
DATED this q'G _ day of 1 191.
Owner The State Board of Agriculture
of The State of Colorado
8
iitie Richard L. Robinson --^
ATTEST:
Sec re ry Eugene T. Petrone
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoin inst ent ,was acknowledged before me this �U day of
191 , by CH�r2p L l� 2�ESLDE N`r and
as
dS Secretary Oi
My Commission expires: //7'/IgI 0
Witness my hand and official seal.
Notar�lic