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Home My WebLink AboutNATIONAL - Filed OA-OTHER AGREEMENTS - 2003-12-24/a 5 MEMORANDUM OF AGRMMNP Ct THIS AGREEMENT, made and entered into this / day of ,1f,�; Lt�, A. D. 19 �, by and bewtween THE CITY OF FORT COLLMS,Ia municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as National Subdivision 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, NGW, 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. 2n .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: (1) 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 shouting 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 improve- ment district for the installation of such outfall Line upon request therefor by first party and to sign any petition and perform any other act necessary to ford such district. (6) Items A (1) to A (5) inclusive are to be financed by the party of the second part, excepting only.Iiem (3) electri_cal distribution system. All material required for street lights arc 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 sower 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 Wi XREOF, 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 ) t h day of [, (, , A. D., 19 and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: City Clerk APPROVED: A ty P.n^iNor `J THE CITY OF FORT COLLINS A Municipal Corporation By Mayor First Party -- , L _(SEAL) Second ar y 1 FEB 2 41978 Z37( ) 3 MAINTENANCE AGREEMENT FOR PALMER PLAZA, A Planned Unit Development Lcated in National Subdivision, City of Fort Collins Colorado, part of the NE 1/4 of Sec. 26, Twp. 7 N., R. 69 W. of 6th P.M. Paul Palmer and Spiro Palmer, being the owners in fee of the following described real property located in the City of Fort Collins, County of Larimer, State of Colorado, to - wit: The National Subdivision, a part of the NE 1/4 of Section 26, Township 7 North, Range 69 West of the 6th P.M., and the City of Fort Collins, Larimer County, Colorado. and having made application to the City of Fort Collins, Colorado, for development of said real property under Planned Unit Development procedures and having submitted to the said City of Fort Collins site plans (dated December 19, 1977), and a landscaping site plan (dated December 19, 1977), for a shopping center to be known as Palmer Plaza, all as prepared by John Denesha and Associates, Boulder, Colorado; do hereby agree with the City of Fort Collins that in the event that Palmer Plaza Shopping Center is constructed, that it will be constructed and landscaped in accordance with PUD plans submitted and as may be approved by the City of Fort Collins and do hereby further make the following declarations as limitations, restrictions and uses to which the said real property may be put, and hereby specify that these declara- tions shall constitute covenants to run with all of the above described land, provided by law, 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 said tracts, this declaration being signed for the purpose of guaranteeing that said tracts will be land- scaped initi.ally and kept in desirable condition in the future as herein specified. The paving, open space, and landscape improvements as ( �' j described in the said site plan and the said landscape plot plan submitted to the City of Fort Collins and on record therewith shall be made and installed in the manner as described in said plan unless amended pursuant to the approval of the City of Fort Collins. It is further under- stood and agreed that the owners or their assigns or successors in interest shall be responsible for the maintenance and care (including necessary replacement of dead trees or shrubs) of all "planted and landscaped" areas and paved areas within said real property. Should the developer or owner fail in any respect to comply with the terms of this Declaration and Agreement, the City of Fort Collins upon notifying said owners in writing of the matters in regards to which default is asserted and should the owners 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 and continue thereafter to use due diligence to rectify such default until it is fully rectified or cured, then the City of Fort Collins shall have the right to enter upon said property and perform the work necessary to replace said improvements or maintain same and the owners or current owners shall pay or cause to be paid to the City of Fort Collins such reasonable sums necessary to reimburse said City of Fort Collins for the labor and materials expended to complete or maintain said improvements which payment shall be made within ten (10) days after receipt of billing. If said billing is not paid, then the said City of Fort Collins pursuant to the authority granted by these covenants shall have a lien on all property and improvements thereto on which said work was performed, said lien to be exercisable by filing a notice of said lien against said property and improvements thereto. The City of ra ol,076(' Fort Collins shall be entitled to all rights of foreclosure or other remedies existing pursuant to Colorado law for enforcement of liens against real property and may also at its discretion without waiving any other rights it may have pursuant to law, proceed directly with legal action against the current owners, their assigns or successors in interest to collect payment of the reasonable amounts so expended pursuant to the terms hereof. l Dated at Fort Collins, Colorado, this2-1?' giday of February, 1978. t 1 i� C�Jk Paul Palmer Spiro Palmer STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) 1 Subscribed and sworn to before me this day of February, 1978, by Paul Palmer. Witness my hand and seal. My commission expires: A,y i C I Notary Public STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this dav of February, 1978, by Spiro Palmer. Witness my hand and seal. My .C,mmission expires: Notary Public APPROVED AND ACCEPTED by the City of Fort Collins, Colorado this r� Cn, dav of February, 1978. CITY OF FORT,,ePLLINS, COLORADO By: ATTEST: ava f1 City Clerk