HomeMy WebLinkAboutPENTHOUSE - Filed OA-OTHER AGREEMENTS - 2004-01-20r
t ,�iGRAN'DUM OF AGRP`DtMNT
THIS !.CiREEIL IT, made and entered into this 2 2 day
Of rZ _A. D. 19 %, by and bewtVreen THE CITY OF FORT
C,-UDIS, a"municipal corporation, hereinafter designated as first party,
and
Hereir.;lfter designated as second party, Tr1ITNESSETH:
4 iTERFAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Penthouse Subdivision
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
LNEPEAS, said subdivision plat is acceptable to first party
a•id first party's Planning and Zoning Board, subject to construction of
ut_.1'ities in the area to be subdivided,
NC[,I, T}N1REF CrRE, 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.
2._.1n consideration of the approval of said plat by first
party, and first party's Planning and Zoning Board, second party agrees
as follows:
(A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
(1.) A plan of the proposed crater distribution system
including the connecting pipelines to the points of connection to the
first party's existing grater distribution system and showing all valves
said fire h;rdrants.
(2) Plans and profiles of the proposed sanitary sewer
system includin; all manholes and connections to the first party"s
existing sanita-ry serer system.
(;- A plan of the proposed electrical distribution system
io-^luding connecting. lines to the first partyts existing electric..:'
di.str`_bution s^>tem and including all street lights.
(Q Plans and profiles of all street improvements.
(15) Plans and profiles of the proposed street drainage
system sho;ri.nF, the connections to the first party's storm serer system
and including all storm sewer inlets and manholes. If a storm sewer outfall
line is 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 G 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 {THEREOF, 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 �_,.� day of f A.D.,
19 ' and second party has hereto set his hand and seal the day and
year first hereinabove written.
THE CITY OF FORT COLLINS
A Municipal Corporation
By
Mayor
First Party
ATTEST:
LKM Real Estate, Inc.
City CNN John A. Katchur, President
APPk0
�� Second Party
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b[[61 r'1d15
553829
COUNTY OF L ARIMER
084 MAR -5 AM 11: 21
oTATr OF COLORADO
SITE AND LANDSCAPE COVENANTS
FOR
SUNSTONE P.U.O.
Situate in the
City of Fart Collins,ounty of Larimer,
State of Colorado
The undersigned, fee owner of SNOW CONDOMINIUMS P.U.D. (The
Property) located in the City of Fort Col ins, ounty 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 improvements, 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
all be me an(I
ii record therewith installed in the manner oasidescribed nin said plans unless hamended p usuant
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 owner 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 mai.ntain
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 authcr-
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
P.U.D." which real property shall include the property
subject to these Covenants.
DATED this 1� day of6� , Ig
Owner NogoIc, CO034hew%ktoN 5 Owc�o�,nc�t2Nc.
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ��n day of
�s 195L' by L4 i�4rc�c l as and
as Sec to of
My Commission expires: g ^�
Witness my hand and official seal.
)Lary NUDiIc _--
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