HomeMy WebLinkAboutFOUR SEASONS PUD FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-29AMENDMENT AGREEMENT
This Agreement made and entered into this "I day of
-4l,p, 1986, by and between the City of Fort Collins,
Colorado, a municipal corporation, hereinafter referred to as
the "the City," and Brown Farm, a joint venture, hereinafter
referred to as the "the Developer,"
WITNESSETH:
WHEREAS, the City and the Developer have previously
entered into an agreement pertaining to the development of
certain real property situate in the County of Larimer, State
of Colorado, which agreement is dated July 18, 1985; and
WHEREAS, the parties hereto are desirous of modifying a
certain portion of said agreement.
NOW, THEREFORE, in consideration of the mutual promises
contained below and recited in the above mentioned agreement,
the receipt. and adequacy of which is hereby acknowledged, the
parties agreement as follows:
That Paragraph 2C of the above mentioned development
agreement be: modified by the addition of certain language so as
to read in its entirety as follows:
All storm drainage facilities shall be completed
prior to the release of more than thirty five (35)
building permits. Under no circumstances shall the City
be responsible for the maintenance of the detention pond.
In the event that any claim for relief or cause of action
for damages, losses or expenses of any kind whatsoever is
brought: against the City by any third party by reason of
the construction of storm drainage facilities provided for
by this; agreement, the Developer hereby agrees to defend,
indemnify and hold the City harmless from any and all
damages, losses, expenses of any kind whatsoever for
injury, death or damage to person or property arising
therefrom or relating thereto, whether or not such damages
or losses are presently known or foreseeable. Such
indemnification shall include but not be limited to
payment: for reasonable attorneys' fees and court costs in
the event of litigation, provided, however, that the City
agrees to make every reasonable effort to avoid unneces-
sary attorneys' fees by: (a) Permitting legal counsel for
the Developer to also represent the interests of the City
in any such litigation, so long as the interests of the
parties, are compatible in the judgment of both parties and
no conflict of interest is perceived by either party,
and/or (b) providing legal counsel from within the staff
of the City Attorney's office for such additional legal
Amended Agreement
Page 2
services as may be feasible in relation to the other
duties and responsibilities of said office, in the
judgment of the City Attorney.
ATTEST:
City Clerk
APPROVED:
hat;bwg city Engineer
- Z/�/ /�/ ,-?Z/—�?
ssi t t City Attor ey
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
By
interim City Manager
BROWN FARM, a joint venture
J hri R.P. Wheeler
J ilht Venturer
RCPTN # 8504491.9 09/06/85 IC: 03:25 # OF PAGES - 2 FEE - $6.00
., J. ULVANG, RECORDER LARIMER COUNTY, CO. DOC ,EE- $.00
SITE AND LANDSCAPE COVENANTS
FOR
P.U.D.
Situate in the
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner P.U.D. (The
Property) located in the City of Fort Collins, County of Larimer•, State of
Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby speci-
fies 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 guaranteeing that the Property will be developed and landscaped ini-
tially 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 inprove,aents, parking areas, sidewalks, open spaces and site amenities including, without limitation, energy generation or con-
servation 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 ap-
proved by the City of Fort Collins. It is further understood and agreed
that the ovner• 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 uti-
lized 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 to 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 author-
ity 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; pro-
vided, 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 en-
forcement 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 owner, its assigns or successors in
interest, to collect payment of the reasonable amounts so expended pursuant
to the terms hereof.
The undersigned, its successors and assigns, hereby expressly reserve
the right, with the consent of the City of Fort Collins, Colorado, to amend
or restate these Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
w P.U.O." which real property shall include the property
\s�
subject to tthese Covenants.
DATED this 02 day of J SL. 19�5
4TTFCT• -
�� � � �
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER ) -
The foregoing instrumef was acknowledged before me this 22nd day of
° 11 as Owner and
July , 19 85 , by Jo n R.P. 4er
John D. Wheeler as Secretary of
-
iheelBrown Farm Joint Venture
My Commission expires: kly Commission Expires March 14, 1987
Witness any hand and official seal.
C .
� 7..a
Notary Publ South° College_ Avenue
Fort Collins, CO 80524
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