HomeMy WebLinkAboutEVERGREEN PARK - Filed OA-OTHER AGREEMENTS - 2003-07-31NE40 AI DTH OF AGP=1 ENT
s IS :C_�LEE�i E-T, made and entered into U-n-is 14=, day
of A. D. 19 ? 5 , by and bewtween THE CITY OF FONT
COT1 Ts: a municipal corporation, hereinafter designated as first party,
and
Hereinafter designated as second party, ITITMESSETH:
second party has heretofore submitted a subdivision
plat of the su'aii vision to be knoim as pVFRCppTzN pARu
For approval by the Municipal Planning and Zoning ,3oard and
the City Council of the City of Fort Collins, and
WHERr.�S, said subdivision plat is acceptable to first party
and first part�yls Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
NG�T, 'THEREFORE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be, ---
and the same is hereby approved.
2r._In consideration of the approval of said plat by first
party, and first party's Planning and Zoning Board, second party agrees
as follo:•rs :
(A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
(1) A plan of the proposed -rater distribution system
including the connecting pipelines to the points of connection to the
first party's e:dSting grater distribution system. and showing all valv-es
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first partyts
existing sanit y setVrer system.
13) A plan of the proposed electrical distribution system
including connecting lines to the first partyts existing electrical
distribution s,;stem and including all street lights.
(4) Plans and profiles of all street improvements.
(5) Plans and profiles of the proposed street drainage
system sho;;ing the connections to the first partyts storm serer system
and including alL storm sewer inlets and manholes. If a storm sewer outfall
lin' i.s not available, second party agrees to join into a special improve-
ment district for the installation of such outfall line upon request therefor
by first party and to sign any petition and perform any other act necessary
to form such district.
(6) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All material required for street lights are to be paid for by the
party of the second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger water
mains, sanitary sewer mains or storm sewer mains to be constructed within
the subdivision than would be required by standard engineering practices
to serve the subdivision, in order to properly extend these services to
other areas, the City of Fort Collins will pay a portion of the cost of such
enlarged facility based on proration of the cost of the facility actually
constructed and the estimated cost of such facility as shown on the sub -
divider's approved plan. Such proration of costs between the City of Fort
Collins and the subdivider shall be determined in advance of construction
by the City Engineer and in the event of any dispute this matter shall be
submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to be
signed by its Mayor and its corporate seal to be hereto affixed attest to
by its City Clerk, pursuant to motion of the Council of the City of Fort
Collins dated the i I day of y A. D. ,
19 and second party has hereto set his hand and seal the day and
year first herei.nabove written.
ATTEST:
City Clerk
APPROVED:
THE CITY OF FORT COLLINS
A Municipal Corporation
By
Mayo r
First Part),
N i ".-.4-
AL)
EXIIIBIT "1"
All of Block: 1, Replat: No. 1 of Evergreen Park a
:,ubdivi si.on in the City of Fort Collies, County
of Larimer, State of Colorado, Except:
A tract of land in the northwc-;t quarter of. Section 1, Township 7
North, Range 69 West, 6th P.M., being a part of Block 1, Replat
(No. 1) of 11;vergreen Park, City of Fort Collins, County of Larimer,
State of Colorado, more particulary-described as follows:
Commencing at the northwest corner of said Section 1:
Thence South along the westerly line of said Section 1, 597.00 feet,
said line also being the centerline of North College Avenue;
Thence East a distance of 50.00 feet to a point on the easterly
right-of-way line of North College Avenue, said point being the TRUE
POINT OF BEGINNING;
Thence continuing East a distance of 261.95 feet;
Thence South a distance of 692.43 feet to the northerly right-of-way
line of Bristlecone Drive;
Thence West a distance of 246.95 feet to a tangent curve having a
radius of 15.00 feet;
Thence along said curve to the right through a central angle of
90° 00100" an arc distance of 23.56 feet to a point on the easterly
right-of-way line of North College Avenue and a point of tangency;
Thence North along said right-of-way line a distance of 677.43 feet
to the'TRUE POINT OF BEGINNING.
Containing in all 4.163 acres, more or less, subject to all easements,
roads and rights -of -way existing or of record.
3
AGREEMENT FOR MAINTENANCE OF ROADWAY
THIS AGREEMENT is made and entered into this _06 day of September,
1980, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter designated as "City", and EVERGREEN PARK, 2, a
partnership, hereinafter referred to as "Developer".
WITNESSETH:
WHEREAS, Developer is the owner of certain lands in the City which
lands are known as "Evergreen Park"; and
WHEREAS, pursuant to various agreements between the Developer and the
City for the subdivision and development of said Evergreen Park, Developer
did agree to complete all streets within said subdivision to the urban
standards of the City; and
WHEREAS, certain of the streets in Evergreen Park have not been so
improved to City standards and have fallen into general disrepair; and
WHEREAS, the financial burden of improving said streets to City
standards would be onerous at the present time and in light of the existing
development in Evergreen Park; and
WHEREAS, the City has the full right and authority to deny the issu-
ance of additional building permits and certificates of occupancy due to
the failure of the Developer to construct said streets to City standards;
and
WHEREAS, the City has determined that, for the period of one (1) year
from the execution of this agreement, improvement of such streets to City
standards would not be required for the issuance of said permits and
certificates provided that other subdivision conditions are met and pro-
vided that said streets be maintained in a smooth and well graveled condi-
tion, free of mud, holes, bumps and any other hazardous conditions;
and free of snow accumulation within forty-eight (48) hours of a measurable
snowfall; and
WHEREAS, Developer has agreed to maintain all of the applicable
streets in Evergreen Park, to -wit:
at its sole expense, as aforesaid, within forty-eight (48) hours of receipt
of notice of needed maintenance from the City therefor.
NOW, THEREFORE, in consideration of the premises and the mutual
promises of the parties and the forebearance of the City, and other good
and valuable consideration, the adequacy of which is acknowledged by the
parties hereto, it is agreed as follows:
1. Evergreen Park, 2, a partnership, does hereby agree to, within
forty-eight (48) hours of receipt of notice from the City, conduct such
maintenance activities as are needed to improve and repair any streets in
Evergreen Park which are not constructed to City standards, in order that
such streets be maintained in a condition free of mud, holes, bumps, and
other hazardous conditions as such conditions may be specified in any such
notice as received from the City. It is understood that such repairs may
include, but not necessarily be limited to, grading and graveling of said
streets.
2. Within forty-eight(48) hours of any measurable snowfall, the
Developer shall clear all streets in Evergreen Park which are not developed
to City standards of snow accumulation without the requirement of notice of
such accumulation from the City.
3. Any and all improvements, repairs and maintenance so required
pursuant to the provisions of this agreement shall be conducted solely at
the expense of the Developer.
4. Any notices required of the City in connection with this agreement
shall be made by telephone (with letter of confirmation to follow) to Mr.
Arlin (Bud) Ford at 449-6274 and/or Mr. Lyle Carpenter at 292-1133.
THE CIT(/QF/SORT COLb NS, COLORADO
By; -
y r• aaager ,
ATTEST:
1ty Clerk
-2-
APPROVED: — 7
Director of Engineering Services
APPR ED AS TO FORM:
City Attorney
EVERGREEN PARK, 2
a Partne 11
By ��-
Ly i e t,rpc, ter, N art-ner
By
rc ie Wainwrig t, ar "r
By
Mar ann McAleer, Partner
-3-
SITE AND LANDSCAPE COVENANTS
FOR
LOT 16 BLOCK 4 EVERGREEN PARK
Situate in the Northwest 1/4 of Section 1, Township 7 North, Range 69 West, of the Sixth P.M.,
City of Fort Collins, County of Larimer, State of Colorado
The undersigned, fee owner of Lot 16 Block 4 Evergreen Park (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
specifies 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 declarations being signed for the purpose
of guaranteeing that the Property will be developed and landscaped initially 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 improvements, parking areas, sidewalks, open spaces and site amenities
including, without limitation, energy generation or conservation amenities, as described in the site
and landscape plans submitted to the City of Fort Collins and on record therewith shall be made
and insta'.'ed 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
approved by the City of Fort Collins. It is further understood and agreed that the owner of the
Property, or its assiFars 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 utilized for buffering energy conservation or other site
amenity. Should be 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 shoW.d 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
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 authority 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; provided, 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 enforcement of liens against real property and may also, at its discretion. without waiving any
other nights it may have pursuant to Colorado law for enforcement of liens against real property
and may also, at its discretion, without waiving any other rights it may have pursuant to Colorado
law for enforcement 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
real as Lot 16 Block 4 Evergreen Park which real property shall include the property subject to
these Covenants.
Dated this day of A qu.S , 19
J
Owners t�I Nc �4
ARY
By: W �. LiC
State of Colorado) --
OF C
County of Latimer)
The oregoing instrument was acknowledged before me this day on , A.D. 19&
b 94 n —t T1� �.— —T ��ry— r� 1�'
y r �-��
Witness my hand and official seal.
otary Public
My notarial commission expires: wp��
AMENDMENT TO AGREEMENT BETWEEN EVERGREEN PARK AND THE CITY OF FORT COLLINS
DATED JULY 3, 1974
RE: UTILITIES IN EVERGREEN PARK
SUBSTATIONS
UNDERGROUNDING OF LINES
Evergreen Park has conveyed to the City three parcels of land
for substation useage; said parcels having an agreed on value of $34,300.00.
Poudre Valley R. E. A. will not co-operate in undergrounding of
lines or permanent construction of facilities referred to in paragraphs
1, 2, and 3 of our original agreement; therefore, it is agreed by the
parties to amend said agreement to provide that the City of Fort Collins
shall provide Evergreen Park with similar services elsewhere in the
Evergreen Park project, specifically the extension of underground electrical
services from College Avenue to Block 1, the shopping center site and
Block 2, the office park site; the City has estimated the cost of said
work to be $27,210.68; the remaining balance shall be applied as a credit
against additional future services as the parties may agree.
EVERGRE"N P,AFt!(, a joi.gt venture
r
BY: �—
CITY OF FO COLLINS, a
Municipal Corporation
ATTEST:
City Clerk City Manager
September 4, 1975