Loading...
HomeMy WebLinkAboutVINEYARD AT STONEHENGE SECOND - Filed OA-OTHER AGREEMENTS - 2004-03-11RCPTN # 98021293 05/11/°4 11:0Q:27 # OF PAGES 9 FEE - 527.00 M. RODENBERGER, RECORDER LARIMER COUNTY CO STATE D . FEE- 8.q0 AGREEMENT THIS AGREEMENT is made and entered into this 28th day of April, 1.988, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, and STONEHENGE COMMUNITY ASSOCIATION, INC., a Colorado nonprofit corporation. 1. Definitions. 1.1. "The City" shall mean and refer to the City of Fort Collins, Colorado, a municipal corporation. 1.2. "The Association" shall mean and refer to Stonehenge Community Association, Inc., a Colorado nonprofit corporation. 1.3. "Osprey" shall mean and refer to Osprey Develop- ment Corporation, a Nevada corporation. 1.4. "Gill Savings" shall mean and refer to Gill Savings Association, a Texas corporation. 1.5. "The Vineyards Two" shall mean and refer to The Vineyards at Stonehenge Filing Two, a planned unit development, located in the North 1/2 of Section 19, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, being a replat of Stonehenge Fifth Filing P.U.D., and a portion of the amended plat of Stonehenge P.U.D. Sixth Filing, and a portion of Tract E of the plat of The Vineyards at Stonehenge P.U.D. Filing one. 1.6. "The Plat" shall mean and refer to the plat of The Vineyards Two recorded in Book 2280 at Page 1485 of the Larimer Country, Colorado records. A copy of the Plat is attached hereto as Exhibit "A" and incorporated herein by reference. 1.7. "The Landscape Plan" shall mean and refer to the final landscape plan for The Vineyards Two, as approved by the City. A copy of the Landscape Plan is attached hereto as Exhibit "B" and incorporated herein by reference. 1.8. "The Revised Landscape Plan" shall mean and refer to the Landscape Plan as revised in the manner set forth on the Landscape Plan attached hereto as Exhibit "C" and incorporated herein by reference. 1.9. "Landscape Funds" shall mean and refer to $17,000 which is to be paid by Gill Savings to the Association pursuant to the terms of a separate agreement. 1.10. "Commencement Date" shall mean and refer to the date that the Landscape Funds are received by the Association. 1.3.1. "The Covenants" shall mean and refer to the First Revi_sior and Restatement of Declaration of Covenants, Conditions, Restrictions, and Easements for Stonehenge Community Association recorded in the office of the Clerk and Recorder of Larimer County, Colorado, on October 10, 1980, in Book 2077 at Pace 813, as amended or modified by any and all technical amendments, special amendments, and supplements thereto. 1.1.2. "The Undeveloped Property" shall mean and refer to that portion of The Vineyards Two described as follows: Tract D, Lots 66 through 76 inclusive, and all that portion of Tract F lying easterly of a north/scuth line being 20 feet west of the westerly -most point of Lot 66, The Vineyards at Stonehenge Filing No. 2, and westerly of a north/south line being 20 feet east of the easterly --most boundary of Lots 76 and 77, The Vineyards at Stonehenge Filing No. 2. The Undeveloped Property is outlined in red on the Plat. 1..13. "Tract A" shall mean and refer to ill _ that portion of Tract A located east of the red line as designated on the Plat. 1.1d. "Tract F" shall mean and refer to all that portion of Tract F located east of the Undeveloped Property as designated on the Plat. 1.1.5. "Tract E" shall mean and refer to Tract E as designated on the Plat. 1.1.6. "The Niagara Rectangle" shall mean and refer to all that portion of. Tract F located west of the Undeveloped Property as designated on the Plat. 1.17. "The Developer" shall mean and refer to Osprey, Inc., or any person or entity that acquires all or any portion of the Undeveloped Property for development purposes. 2. Recitals. 2.1.. The Vineyards Two is included within and governed by the Covenants. 2.2. The Association is "the Association" to which reference is made in the Covenants. 2.3. Tract A, Tract E, Tract F, and the Niagara Rectangle are part of the common areas referred to in the Covenants. -2- 2..4. The responsibilities of the Association include the maintenance of the common areas within The Vinevards Two. 2.5. Osprev, as the developer of The Vinevards Two, has not completed the landscaping within The Vinevards Two in accordance wi..th the Landscape Plan. 2.6. The Association desires to amend and modify the Landscape Plan. 2.7. The Association is willing to assume responsi- bility for completion of the installation of landscaping in accordance with the Revised Landscape Plan. 2.8. Gill Savings, as the current record owner of the Undeveloped Property, and the Association will submit an application for approval of the Revised Landscape Plan by administrative change. 3. Consideration. The parties hereto agree that the mutual promises and covenants herein contained are adequate consideration for this Agreement. 4. Contingency. This Agreement and the obligations of the Association contained herein are expressly contingent and condi- tional upon receipt by the Association of the Landscape Funds. 5. Agreement. The parties hereto agree as follows: 5.1. The City shall approve the Revised Landscape Plan by administrative change. 5.2. Upon receipt of the Landscape Funds, the Asso- ciation shall deposit the Landscape Funds in a separate account. The Landscape Funds shall be used by the Association solely for the purpose of paying the costs and expenses incurred by the Association in connection with the installation of landscaping within The Vinevards Two in accordance with the Revised Landscape Plan and to plant grass and install a sprinkler system within Tract B of the Amended Plat of Stonehenge P.U.D. Sixth Filing. (The parties hereto acknowledge that the Landscape Funds may not he adequate to pay all costs and expenses which may be incurred by the Association in installing such landscaping.) 5.3. The Association shall install an underground sprinkler system in Tract A and Tract F within one (1) year after the Commencement Date. (An underground sprinkler system was installed by the Developer in Tract E.) 5.4. The Association, shall plant grass seed in Tract A and Tract F within one (1) year after the Commencement Date. -3- l� 5. 5. The Association shall sod Tract F within one (1) year after the Commencement Date. 5.6. The Association shall install. a sprinkler system and plant grass within the Fiagara Rectangle within one (1) year after the Undeveloped Property is fully developed. 5.7. The Association shall plant P. total of twenty- eight (28) tree= within Tracts A, E, F, and the Niagara Rectangle according to the following schedule and in the following order: 5.7.1. Four (4) trees shall he planted in Tract E within three (3) years after the Commencement Date. 5.7.2. Five (5) trees shall be planted in Tract F within three (3) years after the Commencement Date. 5.7.3. Nine (9) more trees shall be planted in Tract F within four (4) years after the Commencement Date. 5.7.4. Four (4) more trees shall be. planted in Tract F within five (5) years after the Commencement Date. 5.7.5. Three (3) trees shall be planted in Tract A within five (5) years after the Commencement Date. 5.7.6. Three (3) trees shall be planted in the Niagara Rectangle within one (1) year after the Undeveloped Property is fully developed. 5.7.7. The number of trees within each Tract and the time period within which the trees are to be planted may be changed by agreement between the Association and the City. 5.8. The trees to be planted by the Association shall be of a size and variety as designated in the Revised Landscape Plan or such other size and. variety as may he approved by the City. The trees shall be planted in the locations designated in the Revised Landscape Plan or in such other locations as may be approved by the City. 5.9. The Developer shall have no further obligation nor liability for installation of landscaping within Tract A, Tract E, Tract F, or the Niagara Rectangle. The City shall not withhold buil-ding permits nor certificates of occupancy within The Vineyards7 Two based upon the failure of the Association to install the landscaping in accordance with the terms of this Agreement, with the following exception: The City may withhold a. certificate o£ occupancy for the building constructed on Lot 78 of The Vineyards Two until such time as the owner of Lot 78 has planted the two (2) trees designated on the Revised Landscape -4- Plan, one (1) tree located on the north side of Lot 78 and one (1) tree located on the south .side of Lot 78. Neither the Developer nor the Association shall be responsible for installation of the two (2) trees located on the north and south side^ of Lot 78. 5.10. The Developer shall be solely responsible for the installation of all landscaping within the Undeveloped Property in accordance with the Revised Landscape Plan. The Association shall have no obligation n.or liability for installation of landscaping within the Undeveloped Property. The City expressly reserves all rights and remedies which it may have to enforce the obligation of the Developer to install landscaping within the Undeveloped Propert- in accordance with the Revised Landscape Plan, including, by example and not limitation, the right of the City to withhold building permits and certificates of occupancy until such time as the landscaping within the Undeveloped Property has been completed in accordance with the Landscape Plan. 5.11. The Association shall be solely responsible for the maintenance, care, and upkeep of all landscaping within Tract A, Tract F, Tract F, and the Niagara. Rectangle. The Association shall assume responsibility for the maintenance, care, and upkeep of all landscaping within the Undeveloped Proper_t_v at such time as all landscaping within, the Undeveloped Property has been in- stalled by the Developer in accordance with the Revised ?.andscape Plan. 5.12. Gill Savings, the present owner of the Undeveloped Property, and the successors of Gill Savings in title to the Undeveloped Property are third -party beneficiaries of Section 5.0 hereof and shall be entitled to the issuance of building permits, certificates of occupancy, and the like in accordance with normal City standards and procedures therefor, irrespective of the failure of the Association to install the landscaping pursuant to this Agreement, suhject to the condition contained in said Section 5.9. 6. Remedies. In the event of default by one party in the performance of its obligations under this Agreement, the party not in default shall have the right to an action for specific performance, damages, or both. 7. Representations. The Association, expressly represents and warrants to the City as follows- 7.1. The Association has been duly incorporated and is validly existing, in good standing under_ the laws of the State of Colorado and is duly qualified to transact business in the State of Colorado. -5- 7.2. The execution of this Agreement by the Asso- ciation and the fulfillment of the terms of this Agreement will not conflict with or result in a breach or violation of any of the terms or provisions of the Articles of Incorporation, By - Laws, Minutes, or other agreements of the Association. 7.3. This Agreement has been duly executed and de- livered by the Association and is a valid agreement binding upon the Association in accordance with its terms. 7.4. Any special meeting or other meeting of the members or board of directors of the Association for the purpose of authorizing and approving this Agreement has been held as necessary and all corporate proceedings required by law or by the provisions of the Articles of Incorporation and By -Laws of the Association necessary to authorize and approve this Agreement have been duly and validly held. 7.5. The members of the board of directors of the Association have been duly elected by the members of the Asso- ciation and represent all clusters within the Association as required by the Covenants. S. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respec- tive successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed. this Agreement as of the day and year first above written. THE STONEHENGE COMMUNITY ASSOCIATION, INC., a Colorado nonprofit corporation ATTEST: (seal) BY: _t,f C.4 �� /t.� I✓ ,if BY: Secretary ',rt j President ATT ST seal.) i BY: City Clerk APPROVED - BY: ZG-- City At,t� ey BY: 'J'' City Planner THE CITY OF FORT COLLINS, COLORADO, a munricypal corporati�onn]� B Y : i� /K1121 City Manager -6- u...... _.. ,.. 0 0 o aI; 3 aid°3i�33�3�???33????333343??3?E � I / t• < < � q<q I_ ��. s. �5 .6 f P i • - i --------------------------- mI . a:.m_:- --- T-. e q i e€3�37s 93p33 ° ---zz- 5 _ { (—°� .e Wit✓ •r / ia— O \ n i�u.iit u.Lnuun... _ � ° �`j� y w �: • (((, p `I_9 5..5i 5 ,5 5F5 5 _ €arr�4 %•to-' CSTONEY HILL 'sm / (1 9 i •u 19 r) F g i^ s if 14 �s v gat - psis ca i3'a S P e !' A g 'i 9 4[ J_ (�y :gg 4 9 4 4! gg 4� i:f a°a{,•',i i . Y- p �i � C 9 9 p i- 4 [ • �e 2i � _�! aoi.� VI P F:' �]C C9 if'.926 S •3:•�:�13° s�a�" i���+ a• i§ 4; o° Ri P'e 3• Ee.:,•°8fi 97 iei ;i d"s°7 6 °� SFo 16 •idi-e-e_a:i:7:.d:�.a::a is _" •t48�•�f9.A: 43 yy 6i'.. '. :: �i e: 4 0 yD Oa 2 m^ 4 mO wj iv V=32 12 oiM i c, Qom, F F'c" 5 ii'-'rs �? Frar'e'EiS=?i a E bf Y=:.6F .•: 4.:' EEE EEEEEEEEEEE i V'=32 12-" �I