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City Attorney
IN&AM
Citv of Fort Collins M E M O R A N D U M
DATE: June 13, 1990
TO: Sherry Albertson -Clark, Senior City Planner
FROM: W. Paul Eckman, Deputy City Attorney
RE: Proposed Development Agreement Language for
Auto Salvage
I have examined the proposed Development Agreement language
which you provided to me and have made some notations on the draft.
A copy is attached.
WPE/lam
Attachment
W LaPorte Avenue • f . O. Box 580 • Fort Collins, CO 805-1'_-0-380 • (303) 221-6�20
DEVELOPMENT AGREEMENT
SPECIAL CONDITIONS:
1. East Magnolia Right -of -Way
a. Street and Streetscape Improvements
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That portion of the East Fis
is Street right-of-
way adjacent to the Propertyll be improved to City
standards at such time as extended into the
undeveloped property lying west of the Property or at the
time additional buildings are approved on the Property.
When such extension or additional buildings occur, the
Developer shall install such right-of-way improvements
at his sole cost or, at the option of the City, shall
participate in the formation of a special improvement
district therefor. -
The landscaping within the orty-f o (40 ft.)
setback adjacent to the East gnolia r ght-of-way
("Streetscape") shown on the site lan shall installed
by the Developer at his so e cost a the time
improvements to East Magnolia are reauir d as herein
provided.
In the event that a port' of the Property with
frontage on East Magnolia s transferred to a third
party, the owner of the Property so transferred shall be
responsible for the payment of a pro rata share of the
costs of the street and Streetscape improvements based
upon the percentage of frontage to the whole frontage to
be improved. The provisions of this paragraph shall
be deemed to constitute a covenant of the Developer
running with the Property and shall be binding on the
Developer and any subsequent owner of the Property or any
portion thereof. The Developer hereby covenants to take
all steps necessary to insure that this Agreement is
recorded in the Clerk and Recorder's Office in Larimer
County, Colorado. Further, the Developer hereby
covenants to include such restrictions in any documents
transferring any interest in the Property to a third
party.
b. Storage in the Right -of -Way
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No storage of any vehicl or part thereof shall be
allowed in the East Magnolia ight-of-way. Storage shall
be allowed in the forty-fo (40 ft.) setback adjacent
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to such right-of-way until such
improvements are required to
provided. All costs necessary
in such setback shall be borne
time as the East Magnolia 9rr&soez—
be installed as herein
to remove any items stored
solely by Developer.
2. Recycling
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Dra' age of fluids from vehicles shall be conducted solely
withi a building or buildings on the Property and in a room with
con ete flooring. Developer shall recycle all drained fluids and
no storage of any such fluids shall be permitted on or
wi hin the Property. Developer shall be allowed to drain motor
oil, differential grease, brake fluid and transmission fluid into
one 30-gallon barrel which, when full, shall be immediately
recycled. Such 30-gallon barrel shall be encased in a 50-gallon
barrel surrounded by a cement barricade three feet in height. The
drainage and recycling of antifreeze shall be handled in the same
manner as met! Freons shall be pumped out of the air
conditioning system into a 25-pound high pressure drum or freon
carkister which, when full, shall be immediately recycled.
Transmissions and batteries shall be stored within buildings on
shelving and/or wooden racks above the floor until recycled.
3. Crushing and Stacking of Vehicles
The stacking of vehicles on the Property shall not exceed a
height of eight feet (8 ft.). No crushing of vehicles shall be
permitted on the Property.
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