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HomeMy WebLinkAboutCLARENDON HILLS JUNE 1986 - Filed OA-OTHER AGREEMENTS - 2003-07-31PHASING OF SHIELDS STREET IMPROVEMENTS jL, THIS AGREEMENT, made and entered into this Lcf_ day of September 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo- ration, ("the City,") and Clarendon Hills Associates LTD., a Limited Part- nership, ("the Developer"). T0TrrnlVcc V-ru . WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Clarendon Hills Master Plan, located in Section 2, Township 6 North, Range 69 West, of the 6th P.M., City of Fort Collins, Larimer_ County, Colorado. WHEREAS, the developer desires to develop said property and has sub- mitted to the City a `caster Plan, a copy of which is on file in the Office of the City Engineer and made a part hereof by referenced as "Exhibit A" - and WHEREAS, the Developer and the City desire to specify the phasing of the improvements to Shields Street in relation to the development of future phases in the approved Master Plan; and WHEREAS, the Developer has further submitted to the City an approved utility plan for the First Filing of said plan, a copy of which is on file in the office of the City Engineer and made a part hereof_ by reference; and WHEREAS, the said approved utility plan shows the necessary improve- ments to Shield' Street from Harmony Road south to Fossil Creek Drive, which the Developer agrees to complete as said property develops; and WHEREAS, the Developer has received Final Approval for the First Fil- ing on January 26, 1987, and is in the process of completing the first phase of improvements to the east side of Shields Street as stated in the Development Agreement dated January 16, 1987; and WHEREAS, the City and the Developer have agreed upon the future phas- ing of the improvements on the east side of Shields Street adjacent to this Master Plan attached as "Exhibit A"; and [10W, THEREM.RE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: (1) The Developer will only he required to improve addi- tional sections of Shields Street at such time as the Phases G, J, and K (which are adjacent to Shields Street) of the Master Plan ("Exhibit A") are devel- oped. (2) Development of said Phases adjacent to Shields Street shall require the Developer to complete the improve- ments on the east half of Shields Street as shown on the approved utility plans. The Shields Street improvements of each phase shall be completed .(to the current City standards) with the development of each phase. A limited number of building permits for each phase (specified in the Development Agreement) shall be issued by the City prior to the completion of the improvements. (3) The Developer agrees to install future improvements to Shields Street in a continuous fashion. Any portion of Shields Street planned to be improved must be con- tinuous and connected to the existing improvements of Shields Street performed with the First Filing. The City shall not allow the Developer to "Leapfrog" any of the improved sections of. Shield Street. In the event "Area K" is developed prior to the completion of the improvements adjacent to "Area J", and "Area G", - 2- then the Developer will be required to complete all the improvements along the entire frontage of the Mas- ter Plan. (4) The Tx-veloper shall construct Shields Street to the current City Street Standards at time of construction. (5) The City shall not reimburse the Developer nor any portion of the cost of providing the additional road- way embankment on the east side of Shields Street. (6) The Developer will be eligible for street oversizing reimbursement for construction and engineering cost associated with oversizing Shields Street from a local to an arterial street in accordance with Chapter 99.6F of the City Code. In the event of default of any of the provisions hereof by either party which shall require the party not in default to commence legal or equitable action against said defaulting party, the defaultinq party shall be liable to the non -defaulting party for the non -defaulting part_y's rea- sonable attorneys' fees and costs incurred by reason of default. A EST: City Clerk APPROVED AS 'In FOPPl: CC i ty E ng THE CITY OF FORT COLLINS, COLOPADC A ;Mu;n'ipa11 Corporation By G '-- City Manager i Assistant City Attorney - 3- Clarendon 'ills Associates, T M , a Colorado Limited Partnership. By: 7ordic Construction & Development Inc., General Partner o" ' di k PresLden ATTEST: secretary Corporate Seal 8 •.•wr• tw.rr vlanr•u•n• r•r. .r•.,. ` •� ,. 1C NYI INltf r,1•M //'-''�� ' n _ ' —�_ _ — �/r.Lt�f MtLOr• t • f w�l ri C•tl ( 1 1{[\Vf •'■_■-•-r+I �r�. \ � Zvi i[ C •LC 1L317 ti� / � � rrt ILL, ._._.•. •r.. •.l .rc / ---- . w••C Nr•N�� rl, LAND USE SUMMARY H �... ,` • `Ir �;; I j i1 r.rt . I� L o • I � •��wtZii �r \1. PARCEL USE ACERAGE DENSITY ■wa UNITS r.a•, r,1{iY u ,Y a• a• u 1• 11J 1.1 ~ ral r,.as rrlor• •u u •• r K• 1J u • C r•l M•.�r 11.a1 rrar r,1no 1J r•.1 l■ •.1 Y r r1M r�r• 1J l• M • • •1r�. rr,r rrm ur ru •.1 a• w r r u � rar u u ••�,rarll lam. 11 Mr. ■_, 1 )) �\ } EXHIBIT A .HASE 1B VICINTTY MAP I —ji � � �,'• ... as UT''. al i 4-9 �M MASTER LAND USE PLAN ,r�,,•_„ • M ARENDON HILLS rb L L MTCHELL L CO. ►ROPr RTr FORT CGLLstS, COLORADO