HomeMy WebLinkAboutCOLLEGE MOTORS PUD - Filed OA-OTHER AGREEMENTS - 2003-07-31iiQLAiaJIT'I OF AGREE?-i�t�JT
i`H:S AGfV E I IT, nade and entered into this / �� day
Of <_<_ �_` _ A. D. 19 ' by and betl�:;ecn TriE CITY OF FONT
COil�;Li'.S, a tnu i-ci_, a1 CDfP31 ati_on, hereinafter desigr_ated as first party,
nd
Merei.r.�iu d�sig�.aJ d as second party, T<ITUI SSETH:
second party has h;.rC;tD_ ore submi teed a subdivi Sion
plat of the su'a. i vlsi_on to be as
For approval by the i a: ici-nal Planning and Zonin; Poard and
the City Council of the City of Fort Collins, and
Z;HFRE^ S., said subdivision plat is acceptable to first party
and first party is Plan_ni_ng and Zoning Board, subject to construction of
uti�_iti_cs in the area to be subdiw ded,
11011?, `i HE EFC-HE, i-n consideration of the premises and the terms
of Vlli s Cure meat, it i s nutual_ly agreed as follo:;s:
1. First party agrees that said subdivision plat shall be,
and -the is hereby approved.
2, . _ Tn consideration of the approval of said plat by first
I�a"ty, <�.nd firs' partyts P1=.nning and Zoning Board, second party agrees
as f o� T oTvTs :
(_A) To submit to first party the follcAng detailed
pjans, acceptable to the first pasty:
(1) A plan of the proposed ,%ater distribution system
1ncTuCiln- uae rJnn: Cting pi.p�-L nes to Vn points of connection to the
first (; __'�� ::�st?'( r .,�_t r d._stribut=!_on Syst m P.nd shD;!::s' all Varies
0
(2) P]_a;is and profiles of the proposed sanitary se,-ar .
a- d connections to t-, first partyTs
vs e
(3iI A pJ_an of th prod. �=cd e?_ecLI - di stribuL,i on s, °n
1n,is to n _ first ;'?i' y t
l_S f__ �5 elec'Urica.l
>>
1. t_. -y- 1
c': i'�_� ��1: _On` ;._ J �CTI and ? nC�.Ud"1ng all S t.�' _� :, ]-";11,5.
()",) P1?ns rid p_''Df11;:S OI all Strt:et 1i:Ji'O"v'cS":eil"I S.
of the proposed street drairage
�, .? „�1�., �"?" i.'?:] C.•...__`:t1f)i',., '�O tL?e f1r ,t pa.rii� t.`-i SvDril s �:::Ci E.,jStC'.i'1
and including all storm sower inlets and manholes. If a storm sewer outfall
is pot 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 distract.
(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
s�stcm. A11 inaterial rcqui_rod for street lights are to be paid for by the
party of the second part to the Light Q 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 th-m 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 WITN1SS WHEREOF, first party has caused these presents to be
signed by its Myor 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
19 and second party has hereto set his hand and seal the day and
year first hereinabove written.
Al "i LST:
City cl r
FHE CITY OF FORT COLLINS
A Municipal Corporation
By
11yor
First Party
,"'Slcund Party
�2U29 Pr(1 1 8 n
Ke:o-A ARA. 19FM 40 0:2
LANDSCAPE COVENANTS
FOR
k Em
LIM P. 59W
AMENDMENT TO THE COLLEGE MOTORS P.U.D.
WHEREAS, Robert E. and Eleanor D. Creger, and Mack W. and
Margaret L. Olsen (hereinafter referred to as "the Declarants"),
are the owners of that certain parcel of real property located in
the County of Larimer, State of Colorado, legally described on
Exhibit "A" attached hereto and incorporated herein by reference,
and hereinafter referred to as "the Property"; and
WHEREAS, the Declarants desire to provide for the mainten-
ance of the landscaping of the Property as described and desig-
nated in the Site and Landscape Plan for the Amendment to the
College Motors P.U.D. as approved by the City Council of the City
of Fort Collins, Colorado (hereinafter referred to as "the
Landscape Plan"). To this end, the Declarants desire to subject
the Property to the covenants, conditions, restrictions, charges
and liens hereinafter set forth.
NOW, THEREFORE, the Declarants hereby declare that the
Property shall be held, sold, conveyed, transferred, leased,
subleased, and occupied subject to the following covenants,
conditions and restrictions which shall run with the Property and
which are for the purpose of protecting the value and desir-
ability of the Property and every portion thereof and shall be
binding upon all parties having any right, title or interest in
the Property or any portion thereof, their heirs, administrators,
successors and. assigns and shall inure to the benefit of the
owners thereof.
1. As used herein, the term "Owner" shall mean and refer to
the record Owner, whether one (1) or more persons or entities, of
the Property but excluding those having such interest merely as
security for an obligation. "Owner" shall include the Declarants
to the extent that, and only so long as, the Declarants own any
portion of the Property. The Owner shall make and install all
landscape improvements in accordance with the Landscape Plan.
The Owner shall be responsible for the continuous maintenance and
care, in a good and husband -like manner (including necessary
replacement of dead trees and shrubs), of all landscaping within
the Property in accordance with the Landscape Plan. Landscape
improvements shall be installed in accordance with the following
schedule:
All landscaping to be installed within the Frontage
Road right-of-way (between South College Avenue
and the Frontage Road) and all landscaping to be
installed immediately adjacent to and to the West
of the Frontage Road right-of-way shall be installed
within one (1) year after the completion of construction
of the Frontage Road; all landscaping along the
West boundary of the Property and all landscaping
along the North and East boundaries of the vehicle
storage area located in the Northwest corner of
the Property as designated on the Landscape Plan
shall be installed within one (1) year after the
completion of construction of Mason Street, located
adjacent to and to the West of the Property; all
other landscaping except as herein above described,
as described and designated on the Landscape Plan
shall be installed within one (1) year after final
approval by the City Council of the City of Fort
Collins of the Amendment to the College Motors P.U.D.
2. In the event the City of Fort Collins shall determine
that the Owner has failed to maintain and care for the land-
scaping, within the Property in a good and husband -like manner in
accordance with the Landscape Plan, then it shall so notify such
Owner, in writing, who shall restore the landscaping in accor-
dance with the Landscape Plan. If the Owner shall fail either to
restore the landscaping in accordance with the Landscape Plan
within thirty (30) days after receipt of such notice, or to
commence such restoration within twenty (20) days after receipt
of such notice and continue thereafter to use due diligence to
complete such restoration, then the City of Fort Collins shall
have the right to enter upon the Property and perform the work
necessary to restore the landscaping in accordance with the
Landscape Plan, and the Owner shall pay or cause to be paid to
the City of Fort Collins such reasonable sums as are necessary to
reimburse the City of Fort Collins for the labor and material
expended by the City in restoring the landscaping in accordance
with the Landscape Plan. Said payment shall be made to the City
of Fort Collins within thirty (30) days after receipt of a
statement for the labor and materials so expended by the City of
Fort Collins.
3. In the event it becomes necessary for the City of Fort
Collins to restore the landscaping on the Property as herein
provided and in the event the Owner fails to reimburse the City
of Fort Collins for the costs of labor and materials expended in
completing such restoration, then the City of Fort Collins shall
have a lien on the Property and upon the recording of notice
thereof by the City of Fort Collins, such lien shall be consti-
tuted upon the Property. To evidence such lien, the City of Fort
Collins shall �orepare a written notice setting forth the amount
due and owing -to the City of Fort Collins for improvements made
to the landscaping as herein provided, the name of the Owner, and
a legal description of the Property. Such notice shall be signed
on behalf of the City of Fort Collins and shall be recorded in
the Office of the Clerk and Recorder of the County of Larimer,
State of Colorado. Such lien shall attach from the date of
recording in the Office of the Clerk and Recorder and may be
enforced by foreclosure by the City of Fort Collins of that
portion of the Property improved, in like manner as mortgages on
real property.
4. Any assessment made by the City of Fort Collins pursuant
to these covenants against the Owner of the Property for land-
scape improvements shall be the personal and individual debt of
said Owner at the time the assessment is made. Suit to recover a
money judgment for unpaid assessments shall be maintainable by
the City of Fort Collins without foreclosing or waiving the lien
securing the same.
5. To secure their obligation to install and maintain the
landscaping in accordance with the Landscape Plan, the Declarants
shall deliver to the City of Fort Collins a Letter of Credit
issued by a national bank or other lending institution or similar
collateral acceptable to the City of Fort Collins in an aggregate
amount equal to one hundred and twenty-five percent (1250) of the
estimated cost of the installation and maintenance of the landscaping
for a period of two years after installation for each phase of
the landscaping as outlined in paragraph one hereinabove. The
Letter of Credit for all landscaping to be installed within the
Frontage Road right-of-way and immediately adjacent thereto shall
be delivered to the City of Fort Collins within 30 days after
receipt of notice by the Declarant from the City of Fort Collins
that construction of the Frontage Road has been completed. The
Letter of Credit for all landscaping along the west boundary of
the Property and all landscaping along the north and east boundaries
of the vehicle storage area shall be delivered to the City of
-2-
Fort Collins within 30 days after receipt by the Declarant of
notice from the City of the completion of the construction of
Mason Street. The Letter of Credit for all other landscaping
shall be delivered to the City of Fort Collins at the time of
final approval by the City Counsel of the Amendment to the
College Motors P.U.D.
IN WITNESS WHEREOF, Robert E. Creger, Eleanor D. Creger,
Mack W. Olsen, and Margaret L. Olsen have executed these Land-
scape Covenants this _�b'day of
ERT E . 'Cir2GER
D. CREGER
MAGIC W. OLSEN
STATE OF COLORADO )
) ss:
COUNTY OF LARIMER )
The foregoing Landscape Covenants for the Amendment to the
College Motors P.U. were acknowledged before me this 1114-.,I—
of day
��� 190, by Robert E. Creger, Eleanor D. Creger,
Mack W. Olse , and Margaret L. Olsen.
My Commission expires: Vck � a, ` (3� �� `'� '� ✓`� "=
Witness my hand and official seal. )/
ry JPfiblic .�• .
r
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE LANDSCAPE COVENANTS
FOR BOB CREGER'S AUTOMOTIVE PLAZA P.U.D. AMENDMENT
REAL PROPERTY DESCRIPTION
A Resubdivision of Lebo Subdivision and an
unplatted tract of land situate in the Northeast
Quarter of Section 35, Township 7 North, Range
69 West of the Sixth Principal Merdian, City of
Fort Collins, County of Larimer, Sate of Colorado
which, considering the East Line of said Northeast
Quarter as bearing South 00129'00" East and with
all bearings contained herein in relative thereto,
is contained within the boundary lines which
begin at a point on the West Line of U.S. Highway
287 which bears North 89049140" West 88.20 Feet,
and again South 00005'00" East 30.00 Feet, and
again South 45011100" East 70.60 Feet, and again
South 00105'00" East 976.90 Feet from the Northeast
corner of said Section 35, and run thence North
89055'45" West 400.00 Feet; Thence South
00005'00" East 300.00 Feet; Thence South
89055'45" East 400.00 Feet; Thence North
00105'00" West 300.00 Feet to the point of
beginning.
County of Larimer, State of Colorado