HomeMy WebLinkAboutCLARENDON HILLS JUNE 1986 - Filed OA-OTHER AGREEMENTS - 2003-07-31PHASING OF SHIELDS STREET IMPROVEMENTS
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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",
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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
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