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.
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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.
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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
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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.
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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
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