HomeMy WebLinkAboutSTONEHENGE - Filed OA-OTHER AGREEMENTS - 2004-02-27TS -'.G E EiT, made and entered into this 22nd day
A. D. 19 73 by and bei,tiucen THE CITY OF F03T
COLiEjs; a murLcipal corporation, hereinafter designated as first party,
and
Hereiifter designated as second party, IT TDPr1SSETH:
VTEIER�.S, second party has heretofore submitted a subdivision
plat of the suodivision to be known as caR < rRaF,- �»r ; A :n•
For approval by the Municipal Planning and Zoning Board and
the City Council_ of the City of Fort Collins, and
L-7HFRF."-35 said subdivision plat is acceptable to first party
and first partyts Planning and Zoning Board, subject to construction of -
utilities in the area to be subdivided,
NO{;?, THEREFCRE, 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.._In consideration of the approval of said plat by first
party, and first partyts Planning and Zoning Board, second party agrees
as follows:
(A) To subm_t to first party the follmAng detailed
plans, accentabl e to the first n2s�y:
(1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first partyts existing, tTater distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first party
existing sanit- y serer system.
(3) A plan of the proposed electrical distribution system
i.nAuding connectin-, lir.^s to the first partyts existing electrical
distribution r 3te*i and includin- all sereet lights.
Planc. and, profiles of all strep"
(5) P lf_._o an. '.1r 0'il-`; Of tih^ ^r000s�d ., _L' dralna,e
and includinIg all storm sewer inlets and manholes. If a storm sewer outfall
meat district for the installation of such outfalI line upon request therefor
I
y first party and to sign any petition and perform any other act necessary
to form such district.
(bl Items A (1) to A (5) inciusi.ve 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 Y, 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 elated the' day of A.D.,
19 and second party has hereto set his hand and seal the day and
year first hereinabove written.
ATTLST:
City Clerk
APPP.CI'lih
City l:uguieer
THE CITY OF FORT COLLINS
A Municipal Corporation
Mayor
First Party
RIP.0 CJEEL-;tVILUZE
_
FARTLER
AGREEhIE:NT
THIS AGM"EMENT is made and entered into this 22nd day of
March T,, A.D. 197C, by and between THE CITY OF FORT COLLINS,
C"-LO._MDO, a munlcipal corporation, hereinafter sometimes designated
a_i the "City", and INTERNATIONAL INVESTMENTS AND MPNAGEME2:T CORPOPA-
TCON, hereinafter sometimes designated as "International",
WITNESSETH:
'iEREAS, International has recently sold certain lands
located within the City of Fort Collins, more particularly described
on Exhibit "A" attached hereto and by this reference made a part here-
of;
WHEREAS, as a condition to allowing.the development of said
lands, the City has requried that International participate in the
cost of a storm sewer line which the City anticipates will be re-
gl.aired to serve the lands being developed; and
WHEREAS, such storm sewer line will also serve additional
lands; and
WHEREAS, the lands referenced in Exhibit "A" are approximately
one-fourth (1/4) of the total lands to be served by such storm sewer.
line; and
WHEREAS, the City currently estimates that it will cost ap-
proximately Thirty Five Thousand Dollars ($35,000.00) to install the
necessary storm sewer line from the Northeast corner of the property
described on Exhibit "A" to Spring Creek, which is the natural drainage
channel for this area.
0
NOW THEREFORE, in consideration of the premises and the terms
of the within agreement, it is agreed as follows:
1. Concurrently with the execution of this agreement,
International has delivered to the City a bond of. Eleven Thousand
L.:'lars ($11,000.00), which amount represents approximately one-fourth
(1/4) of the total anticipated expenditure of Thirty Five Thousand
Dollars ($35,000.00) plus an additional twenty-five per cent (25%).
2. If the City determines that it is necessary to install
the storm sewer line described above, it shall be International's
responsibility to install said storm drainage for the lands described
in Exhibit "A". Upon installation of such line to the satisfaction
of the City, the City will refund to International the amount paid
pursuant to paragraph 1, less any amounts expended from such sum by
the City pursuant to this agreement.
3. At any time prior to a time when International installs
the storm drainage line described above, the City may install such
line or an alternate system (either temporary or permanent) to pro-
vide storm dra-inage to the area in question and may use the funds
deposited by International for the purpose of installing such line
or facility. 7=n the event a permanent facility is installed by the
City pursuant to. this provision, International understands and agrees
that such installation will not excuse it from the responsibility of
reimbursing the City for any additional costs paid out by the City
in such installation.
4. International understands and agrees that the within agree-
ment covers only the line described above from the northeast corner
of the lands described on Exhibit "A" to the Spring Creek drainage
- - 2 -
channel. International further understands that the development of
additional lands may require an additional collection line connecting
to the line which is the subject of this agreement.
5. The parties acknowledge -that it is possible that storm
drainage for the subject lands will be taken care of through a storm
sewer district serving a much larger area which the City is presently
planning. In the event this does materialize and these lands are served
by a storm drainage system constructed as a part of a storm drainage
district which results in assessments on the subject lands, then the
amount paid pursuant to paragraph 1 of this agreement shall be refunded
to International, less any amounts expended from said funds by the City
pursuant to this agreement. Nothing herein contained shall require
that the City include the subject lands within any such storm drainage
district and International understands that there are no firm plans
at this time to do so.
6. So long as the City holds any of the funds delivered to it
pursuant to paragraph 1 of this agreement, such funds shall be con-
sidered the funds of the City and any income from such funds shall
remain the property of the City.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be signed the day and year first hereinabove written.
THE CITY OF�p FORT COLLINS COLO-P-7M
BY:
City Manager
ATTEST
y i
,.
y Clerk
ATTEST:
Secretafy
INTERNA^tIONAL INVESTi„NTS AND iL�I%?CE2-' Lii
CORP OP,I�I ON
President
I
AM,
DECLARATION
THIS DECLARATION, made and entered into this day of
February, 1976, by the undersigned;
WITNESSETH:
WHEREAS, the undersigned are all of the owners and security
interest owners of the property described as "Spring Creek Village",
County of Larime:r, State of Colorado; and
WH;?REAS, the parties hereto wish to change the name of said
subdivision;
NOW, THEREFORE, it is agreed that commencing as of the date
referenced above, the name of Spring Creek Village shall be changed
to Stonehenge, First Filing.
IN WITNESS WHEREOF, and that this agreement shall be binding
upon the undersigned, their heirs, their personal representatives
and assigns, the same has been made and entered into the day and
year first above written.
Robert. L. Clay
--�--�------ ----=-----=----
Linda A. Clay, Husband & Wife
MESS, LTD., a Limited Partnership
l
Y:
B Reaa'L. Rosenthal, General Partner
Reid L. Rosenthal, a single person
HOME FEDERAL SAVINGS A14D LOAN FIRST NATIONAL BANK, FORT COT LINS,
ASSOCIATION OF THE ROCKIES COLORADO
B
Richard L. Rule, Mortgage Loan Officer
This dec'_arationhas been reviewed by the City Council for the
City of Fort Collins and the change of the name of Spring Creek
Village to Stonehenge, First Filing is hereby approved.
DONE this _,L1 "--day of1.976.
ATTEST:
J' City Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this %day of \,, -,,„;
1976, by Reid L. Rosenthal, General Partner of MEES, LTD., a LimiteQ
Partnership.
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF LAF:IMER )
c�
Subscribed and sworn to before me this r."� day of '\ „'
1
1976, by Reid L. Rosenthal, a single person.
My commission expires:
Notary P blic
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _�_� day of
1976, by Robert L. Clay and Linda A. Clay, husband and wife.
My commission expires:
Notary ublic
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this 5th day'.--febrUary.
1976, by Richard L. Rule _ as Mortga_qe_Loan Offices a£ first '
National Banc of Fort Collins, Colorado.
My commission expires: February 21, 1979
Notary P c Jane A. Davis
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
1976, by__ _---
as of Home
Federal Savings and Loan Association of the Rockies.
My.commissi.on expires:
Notary Public
STATE OF COLORADO
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this 17th day of February
1976, by RnhF,rr ]3runYnn as City Manager,an8
Verna Lewis as City Clerk. ..
-----My cfmm_ ssion expires:
Notary Public