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HomeMy WebLinkAboutROSSBOROUGH - Filed OA-OTHER AGREEMENTS - 2004-02-06ADDENDUM TO SUBDIVISION AGREEMENT This agreement made and entered into this �� day of �J1z11Ss --, A.D., 1984, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", and TRI TREND, INC., hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, on May 18, 1979, the City and Trend Homes of Longmont, Inc. entered into a Subdivision Agreement regarding requirements of development of the Rossborough Subdivision (the "Property"); and WHEREAS, thereafter the Property was transferred to Tri Trend, Inc.,. which is the present owner of the Property, and pursuant to the 1979 Subdivision Agreement, a successor_ in interest to 'Trend Homes of Longmont, Inc.; and WHEREAS, the 1979 Subdivision Agreement provided in part on Exhibit A attached thereto that the schedule of street improve- ments to be installed out of sequence on the Property were as follows: "Taft Hill Road and Horsetooth Road shall he installed at the time development occurs adjacent to these streets or within two years following the date of this agreement." and, WHEREAS, the Developer and the City now desire to amend said 1979 Subdivision Agreement with regard to said street installation requirements and both parties believe such an amendment will he of benefit to the Developer and to the City at large. NOW, THEREFORE, in consideration of the premises and terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. IMPROVEMENTS. The Developer shall install, in accordance with §99-6 B (6) of the City Code, the following offsite improvements: (a) The North one half of Horsetooth Road adjacent to the Property; (b) The East one half of Taft Hill Road adjacent to the Property; 2. TIMING. The Developer agrees to complete the installation of all aforementioned improvements no later than December 31, 1986, either through creation of a special improvement district to finance said improvements or through private financing of the same provided that, in the event it is not economically feasible to finance the improvements by said date, the parties agree to renegotiate in good faith the terms relative to timing of develop- ment improvements, but in no event shall any building permits be released for the final phase of the Rossborough Subdivision (adjacent to the intersection of Taft Hill and Horsetooth Roads and :Vest of Dunbar) until said improvements have been completed. In the event the Developer chooses to proceed with a special improvement district, the City agrees to cooperate in such process and to use its best efforts to aid in the establishment of such a district. 3. OVERSIZING COSTS. In accordance with §99-6 F of the City Code, the City agrees to reimburse the Developer for all oversizing costs associated with the arterial street improvements required hereunder. Such reimbursement shall be made by the City to the Developer at such time as said improvements have been installed by the Developer and inspected and approved by the City. 4. MISCELLANEOUS. It is expressly understood and agreed by the parties hereto that the Developer will not be required by the City to extend Horsetooth and Taft Hill Roads beyond the boundaries of the subdivision, and it is futher understood and agreed by the parties hereto that the Developer's responsibilty for the cost of street improvements shall be limited to one half of a standard City local street for each street improvements required hereunder. -2- 5. BINDING AGREEMENT. This agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors, and assigns. ATTEST: By - City Clerk APPROVED: City Engineer 1� By: ,-v` �i�u_� _ City Attorinpy ° CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By•---'���ifC ti t City Manager —` TRI TREND, INC. i By: h �_ ,7 LJ Presi ent ATTEST: By: -3- Secretary ( SEAL) 1'1 -13 0 7 Pi 0 I y AGREEMENT 74 T,. THIS AGREEMENT, made and entered into this 20 day of e4 U 1979, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and TRI-TREND, INCOR- PORATFD, a Corporation qualified to do business in the State of Colorado, hereinafter referred to as "the Developer." WITNESSETH: WHEREAS, heretofore, the Developer has made application to the City for approval of the Rossborough Subdivision, which Subdivision is situated in the southwest quarter of Section 27, Township 7 North, Range 69 West of the 6th Prime Veridian, City of Fort Collins, which development is to be developed as a residential subdivision; and WHEREAS, a 2.6 acre out parcel located in Tract A of the Subdivision, as reflected on the plat of the subdivision as filed in the office of the City Clerk, City of Fort Collins, is to be used as a temporary construction site for the fabrication of the homes to be located within the development; and WHEREAS, the aforementioned temporary fabrication site is not an authorized permanent use within the "R-L-P" zone. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The City hereby grants permission to the Developer to locate a temporary fabrication facility on Tract A of the development, as identified on the plat as recorded in the office of the City Clerk, City of Fort Collins, for the sole and express purpose of fabricating homes to be built in the Rossborough Subdivision. 2. It is acknowledged and agreed by and between the parties hereto that the aforementioned use is a temporary use accessory to the construc- tion of the Subdivision. 3. The temporary use authorized by this Agreement shall be permitted for a maximum period not to exceed seven (7) years from the date of the execution of this Agreement or one (1) year following the termination of development within the Rossborough Subdivision, whichever comes first. 4. At the expiration of the period above specified, it shall he the affirmative duty of the Developer to remove the aforementioned fabrication facility from the site or to insure that its use is an authorized use in accordance with the zoning ordinance of the City then in effect. In order to insure compliance with this provision and in recognition of the fact that the City and the residents of the City as a whole suffer general, unspecified damages through the continued violation of the zoning ordi- nance, the Developer agrees to pay to the Citv of Fort Collins as liqui- dated damages the sum of ONE HUNDRED DOLLARS ($100) per day for each and every day beyond the expiration of the terms above specified that the structure is determined to be not in compliance with the then applicable zoning ordinance. 5. The terms and conditions of this Agreement may be extended by suhsequent written agreement of the parties hereto. DATED the day and year first above written. � CITY OF FORT COLLINS, COLORADO ,K A M' isipal Corporation AS, // `` ATTEST: ,City Clerk ATTEST: Secretary By: er "the City" TRI-TREND, INCORPORATED A Colorado Corporation "the Developer" -2-