HomeMy WebLinkAboutNORTH LEMAY SECOND - Filed OA-OTHER AGREEMENTS - 2004-08-23MEMORANDUM OF ACREEMENT
FNOw ALL MEN BY 'THESE PRESENTS:
The City of Fort Collins, Colorado, makes the following
ncIc( ments and representations, and in reliance thereon, the under-
signed developers and equitable owners of the S. J. Webster property
situate in the South 1/2 of the Northeast 1/4, Section 12, Town-
ship 7 North, Range 69 West of the 6th P.M., Larimer County,
Colorado, shall proceed to have said property annexed, rezoned and
subdivided consistent with the following requirements within the
City oC fort Collins, Colorado, to -wit:
1. Subdivision. The preliminary plat of the North
r,e--iay Subdivision has been presented to the Planning and Zoning
Board and has been approved by that Board subject to certain condi-
tions which shall be satisfied by the performance or occurrence
of matters hereinafter recited. The final plat for Lot 1 of said
subdivision has also been presented and approved by the Planning
and Zoning Board and has been approved by that Board subject to
certain conditions which shall be satisfied by the performance or
occurrence of matters hereinafter recited. Both plats are ready
to be presented to the City Council for approval after supporting
data has been assembled and agreements with respect thereto
cP:<ccuted; particularly, a utility plan prepared by the developers'
engineer and approved by the City Engineer's office showing the
details on subdivision utility improvements to be installed in
connection with the development of the land in conformance with
the following acreements. Approval is anticipated to rezone the
property as "IL- Limited Industrial District."
2. Streets. The perimeter streets around said sub-
division are presently in existence but have not been improved
to City specifications. The utility plans will show the details
on installing these streets to meet City specifications which would
include the installation of asphalt pavement, curb, gutter, side-
walk and street lighting. On Lemay Avenue and East Linden Street,
the Citv of Fort Collins would require the developers to install
the street improvements on their half of the street after the prop-
9. This Agreement shall be binding upon the parties hereto,
their representatives, successors and assigns.
IN WITLESS WHEREOF, the parties have caused this Agreement to
be signed the day and year first above written.
ATTEST:
City Clerk
APAROVV
Director off
Development I
ty
1
THE CITY OF FORT COLLINS, COLORADO
City Manager
I.OT. ASSOCTATF.S
Estate of Williaiv H..Hansen, Deceased
ay %
Personal Re rese tative
January 24, 1975
TO: Verna Lewis, City Clerk
FROM: Don Parsons, City Engineer
RE: North Lemay Subdivision 2nd Filing, Utility Agreement
This memorandum is to inform the City Clerk's office that the exhibits referred
to in the North Lemay Subdivision 2nd Filing Utility Agreement are approved as
satisfactory and have been filed as follows:
Exhibit A - The Subdivision Plat is filed under No. 763 in the
office of the City Engineer.
Gxhihit_ R - The development master plan is filed under No.
100-74 in the office of the City Planner.
Exhibit C - The Subdivision Utility Plans are filed under
No. C3-36 in the office of the City Engineer.
Should you have questions or require additional information in this matter,
please contact me.
l
Don Parsons
City Engineer
crty n�]jni_ni_ng thhea e :;t hai s been fnally platted and hpr as te op-
erty is developed. The entirety of the street improvements need
not be in place prior to the development on each lot, but street
improvements shall be installed in an orderly manner and for such
lot or tots a; the parties may mutually agree during the course of
dcvclop]nont. Asphalt pavement requirements in excess of twenty -foot
width to residential standards shall be paid for by the City.
Lc,iay Court has not been established, but as lots adjacent
thereto ire developed, street irnprove.:ients would be .installed by
the developers at their sole cost.
East Lincoln Avenue is adjoined on the north side of
present (?evcl_opment by a natural slough. The parties are uncertain
of the naiuwe of street improvements which may finally be determined
as appropriate for this location. Consequently, the developers may
be issued building permits after final platting and may proceed to
the development of this property without the instal_lati.on of any
street Lighting, sidewalks, curbs, gutters or street improvements
al this time. At such time as the City of Fort Collins shall make
appropriate engineering studies and conclude a policy determination
as to the manner of street improvement for East Lincoln Avenue, and
undcrtakc the installation of street improvements along East Lincoln
Avenue, the developers of the property on behalf of themselves,
the holders of legal title for said property, their personal repre-
sentatives, 5.3ccessors and assigns, agree to pay that portion of the
street improvements on their half of East Lincoln Avenue, which shall
be equal to the sum of the cost of the following: street Lighting,
sic(,%,,alks, curbs, gutters, a twenty -foot width of asphalt paving '%
meeting residential standards, an- one-third of the cost f such
remedial construction techniques as may cessary to fill or
cover saki slough to accommodate the improved roadway, but not for
extraordinary storm drainage purposes. The foregoing agreement of
the developers with respect to their share of the street improvements
shall be the personal covenants of the parties signatory hereto and
shall constitute a covenant runnina with the land for the benefit of
the Citv of Fort Collins, Colorado.
-2-
3. dalcr Lines. The property shall be served by the
City water uti]ity by extending and installing a water main along
most Linden Street to the northwest boundary of the property at the
sole cost of. the City done as a City system improvement. Further
extension of the water main adjacent to and over the subject prop-
crty shall be at the expense of the developers to the extent of the
cost of installing the sire main necessary to serve the developers'
property, and any oversizing or other special specifications for the
use or benefit of the City shall be paid by the City to the extent of
the excess cost.
4. Sewer. A City sanitary sewer main now runs through
the property and shall be utilized to provide sanitary sewer service
from the City utility to the property. This line is available for
use by this property to the extent that the improvements placed upon
the property can be served by this line as determined by engineering
feasibility. Utility plans required under the provisions of para-
graph 1. hereof shall show the interior sewer lines to be installed
upon the property during the course of its development, the cost for
which would be the sole responsibility of the developers.
5. Electrical Services. The developers shall be required
to receive electrical service from the City electric utility, and
the utility plan required pursuant to paragraph 1 of this Agreement
shall show the necessary electrical installations to be installed
on the site in accordance with the requirements of the City Light
and Power Department.
6. Landscapina. Notwithstanding the absence of any
requirement under the limited industrial zoning district of the
City of Fort Collins, the developers nevertheless agree that their
subdivision plat shall reserve a landscaping zone twenty feet in
width alona Lemay Avenue from Fast Linden Street to East Lincoln
Avenue. This zone shall adjoin that portion of the Lemay Avenue
right-of-way. Both the landscaping zone and that portion of the
Lemay Avenue right-of-way not covered with street improvements shall
be used for landscaping purposes pursuant to landscaping recommenda-
tions approved by the City Arborist. No improvements of a permanent
nature shall be constructed within the landscapina zone excer-
roadways or parkways for purposes of ingress or egress between the
-3-
platted lots and Lemay Avenue. Suitable protective covenants shall
be adopted by the developers to require lot owners to install and
maintain landscaping contained within the zone and right-of-way to
which reference is hereinabove made.
7. Storm Drainage Requirements and Flood Plain Problems.
The parties acknowledge that the property is located in the flood
fringe of the Cache La Poudre River as determined by the Army Corps
of Engineers. The City does not have any ordinance restricting or
limiting building in the flood fringe, but it is contemplated that
the City Council will adopt such an ordinance in the future. Until
the final adoption of an ordinance, no limitation or requirement with
respect to the location of the property will be required of the
developers or owners so long as the other requirements of the City
not herein excepted regarding the subdivision are met. Despite the
absence of any express requirement regarding flood danger, the
developers acknowledge that the property may be subject to flooding
and any improvements constructed thereon will be constructed at the
developers' or owners' risk and without the benefit of any flood
insurance.
If and when a flood plain ordinance is adopted by the
City Council, the developers will be expected to comply with the
requirements of said ordinance respecting any future development.
No storm drainage study has been undertaken in connection with this
property, and the engineers retained by the developers should
investigate any storm drainage problems in connection with this
property and provide in the utility plans adequate means of getting
rid of any excess storm drainage waters.
IN WITNESS WHEREOF, This Memorandum of Agreement has been
executed this 6th day of June, 1974.
Approved by developers and
equitable owners of the
subject property.
CITY OF FORT COLLINS, COLORADO
By: Q I
City Manager
-G-
North Lemay Subdivision 2nd
ACDT7T:MR :MT
'PHIS AGREEMENT is made and entered into this 24th day of
January_ _ __, 1975, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter sometimes designated as
the "City", and L9L ASSOCIATES, a general partnership with principal
offices in Fort Collins, Colorado, hereinafter designated as the "Owner",
WITNESSETH:
WHEREAS, Owner is the owner of certain property situate in the
County of Larimer, State of Colorado, more particularly described on
Exhibit "A", attached hereto and by this reference made a part hereof;
and
WHEREAS, Owner desires to develop said property as an industrial
subdivision known as North Lemay Subdivision and has submitted to the City
a master plan showing a proposed subdivision layout for said lands, which
master plan is attached hereto as Exhibit "B" and by this reference made
a part hereof; and
WHEREAS, Owner has further submitted to the City a master utility
plan for said lands, a copy of which is attached hereto as Exhibit "C" and
by this reference made a part hereof; and
WHEREAS, the parties previously entered into a Memorandum of
Agreement respecting said lands on June 6, 1974, to which this Agreement
is intended to be supplemental and not in replacement thereof; and
R1iEREAS, the parties hereto have agreed that the development of
said lands will require increased municipal services from the City in order
to serve such area and will further require the installation of certain
improvements primarily of benefit to the lands to be developed and not to
the City of Fort Collins as a whole; and
WHEREAS, the City Council has approved the first filing of said
subdivision, and the City's Planning and Zoning Board has approved the
second filing; of said subdivision submitted by the Owner subject to certain
requirements and conditions which involve the installation of and construction
of utilities and other municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the premises and the terms
and conditions herein stated and for other valuable consideration, the
adequacy of which is acknowledged by the parties hereto, it is agreed as
follows:
1. The City hereby approved the master plan for the North Lemay
Subdivision, Second Filing, submitted by the Owner.
2. Except as otherwise agreed in the parties' Memorandum of
Agreement of June 6, 1974, or otherwise herein specifically agreed, the
Owner agrees to install and pay for all utility lines, storm drainage
facilities, streets and other municipal facilities necessary to serve the
lands described upon Exhibit "A", such lines, streets and facilities as
shown on the master utility plan attached hereto as Exhibit "C". The Owner
agrees that no more than one curb cut on North Lemay Avenue (which shall
serve Lot 4 of the Second Filing of said Subdivision) shall be sought, and
any curb cut serving Lot 3 on East Lincoln Avenue shall be as close to the
West boundary of said lot as shall be practicable and consistent with its
orderly development.
-2-
3. Owner agrees to install and pay for water and sewer lines
serving lots upon which valuable improvements are to be constructed prior
to or contemporaneously with the issuance of a building permit for said
lot or lots.
The City agrees to pay for the cost of extending a twelve -inch
water main to the boundary line of the property described upon Exhibit "A"
at such time as this service shall be required by the Owner. The City
agrees to contribute toward the cost of oversize water and sewer lines in
accordance with its established policy adopted by the City Council relating
to City participation in such oversize lines.
Owner understands and agrees that no building permit for any
structure in the subdivision shall be issued by the City until the fire
hydrant serving such structure is installed and accepted by the City, or
equivalent fire protection measures are approved by the City.
The installation of said water and sewer lines shall be inspected
by the Community Development Department of the City and shall be subject
to such Department's approval. Owner agrees to correct any deficiencies
in such installation in order to meet the requirements of the plans and
the specifications applicable to such installation. In the event such
installation is not completed and approved within the time set forth above,
the City shall have the right to cause such additional work to be done as
it deems necessary to complete the installation in a satisfactory manner,
and the Owner shall be liable for the cost of such additional work.
4. The City Light and Power Department shall install all
electric distribution lines and facilities required for the subject property,
-3-
and the Owner shall pay for such work in accordance with the established
charges of the Light and Power Department. Such installation shall include
all street lights required for the development.
S. The utility plan submitted by the Owner does not show storm
water drainage facilities and the parties contemplate that the same will
be needed but must be designed as the various lots in the subdivision are
developed. It is agreed, therefore, that no building permit will be issued
in connection with any lot until the Owner has submitted to the City
Engineer a proposed plan for storm drainage, received approval of such plan,
and by written agreement agreed to install the same at the cost of Owner.
6. The Owner agrees to construct street improvements on East
Lincoln Avenue in the manner and upon the schedule recited in the parties'
Memorandum of Agreement of June 6, 1974.
The cul-de-sac street known as Logan Court shown on Exhibit "B"
shall be constructed and installed with at least a hard, dust -free, gravel,
all-weather surface prior to the issuance of a building permit for the con-
struction of improvements upon any lot facing on said cul-de-sac. Before
any Certificate of Occupancy is issued for improvements on any lot facing
upon such cul-de-sac street, the same shall be inproved from North Lemay
Avenue up to the lot in question with asphalt pavement, curb, gutter,
sidewalk and street lighting.
The Owner agrees to construct and install asphalt pavement, curb,
gutter, sidewalk and street lighting on its half of North Lemay Avenue and
East Cherry Street adjacent to those lots having direct access to those
streets contemporaneously with the construction of valuable improvements
thereon to be completed, inspected and accepted by the City prior to the
issuance of a Certificate of Occupancy therefor; provided, however, prior
to the issuance of a Certificate of Occupancy for the third lot facing upon
East Cherry Street upon which valuable improvements have been constructed,
all of the aforesaid street improvements for which the Owner is responsible
on East Cherry Street shall be completely installed, inspected and accepted
by the City of Fort Collins. Likewise, prior to the issuance of a Certifi-
cate of Occupancy for the third lot facing upon North Lemay Avenue upon
which valuable improvements have been constructed, all of the aforesaid
street improvements for which the Owner is responsible on North Lemay
Avenue shall be completely installed, inspected and accepted by the City
of Fort Collins.
7. Installation of landscaping adjacent to lots for which a
building permit has been issued shall be a condition precedent to the
issuance of a Certificate of Occupancy, and said landscaping shall be
installed in the manner provided under paragraph 6 of the parties' Memo-
randum of Agreement of June 6, 1974.
8. Performance of the foregoing covenants shall be the personal
obligation of the parties signatory hereto, and in default of performance,
the City shall have a lien upon the property described in Exhibit "A" to
indemnify the City for any cost or expense it may have in completing the
improvements upon the property in the manner aforesaid. The Owner agrees
to provide to the City evidence in writing from a national bank with principal
offices in Fort Collins, Colorado, that financial resources may be made
available to the Owner to perform its covenants contained in this Agreement.
-5-