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HomeMy WebLinkAboutFEENEY - Filed OA-OTHER AGREEMENTS - 2003-10-24A G R E E M E N T THIS AGREEMENT, made and entered into this 3rd day of April, A.D. 1979, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter designated as "City", and HORSETOOTH SECOND INVESTMENT COMPANY, a Limited Partnership, hereinafter designated as "Subdivider", WITNESSETH: WHEREAS, Subdivider is the owner of the property more particularly described as follows: Lots 1 through 6, inclusive, Feeney Subdivision, Fort Collins, Colorado, (formerly lots 6 and 7 Observatory Heights, Fort Collins, Colorado), and has subdivided or otherwise developed said lands: and WHEREAS, in connection with said subdivision, it was necessary that Subdivider install an Eight (8) and Twelve (12) inch sanitary sewer main along the following locations: and South from Horsetooth Road along the east side of College Avenue for 685 feet WHEREAS, Sections 112-40 through 112-44 of the Code of the City of Fort Collins set forth the policies of the City regarding oversize mains and extension of mains through other lands; and WHEREAS, said sewer main as installed, in addition to benefiting the lands of Subdivider, will also benefit to some extent the lands described herein; and WHEREAS, a study has been made to determine the cost of the installation of said sewer main, and the complete cost of said sewer main as set forth in said study will be Twenty One Thousand Five Hundred and One and no/100 Dollars ($21,501.00). NOW THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: STATE OF COLORADO ) ) as. County of Larimer ) The above and foregoing agreement was acknowledged before me this y.:,,day of March, 1979, by GLEN A. JOHNSOtd, as President, and attested to by WILLIAM C. STOVER, as Secretary, of TIM LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation corporation. Witness my hand and official seal. My Commission Expires' (SEAL) Notary c 1. Subdivider will install said sewer main, and said main will be installed in accordance with the requirements of the City Engineer of the City of Fort Collins, and the installation shall be subject to the approval of said City Engineer. 2. It is understood and agreed by the parties hereto that the City shall not participate in the cost of installing said main. It is understood and agreed that the main will benefit the property described below as well as the property of Subdivider; and in accordance with the provisions of Section 112-43 of the Code of the City of Fort Collins, the City will attempt to assess a charge against such other properties in order to reimburse Subdivider for some of the cost of such main. Such assessment of cost shall be required by the City before any part of the property benefited by said sewer described herein shall be served by said sewer. The charge to be assessed shall be a percentage of the cost of the main borne by the Subdivider. Such percentage and benefit in this case would be as follows: Lot 1 Observatory Heights $2,942.00 13.7% Lot 5 Observatory Heights $14,500.00 67.4% Upon collection of such assessment, the City agrees to pay the same over to the Subdivider; provided, however, that the duty of the City to collect such assessments and pay the same over to the Subdivider shall not extend for a period of more than ten (10) years from the date of this agreement and provided further that in the event the City is for any reason prevented from collecting such assessments, then and in the event this provision of this agreement shall be null and void and the City shall have no obligation to reimburse the Subdivider for any part of the cost of said main. S.I IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: �) City Clerk APPROVED AS TO FORM: City Attorney THE CITY OF FORT COLLINS, COLORADO In Thomas L. Feeney General Partner Horsetooth Second Investment Cc A Limited Partnership -3- 17 PGiJ 9 1 4 13 4 9 l 1931 22 F.'; COUNTY OF LAREMER STATE PROTECTIVE COVENANTS FEENEY SUBDIVISION PLANNED UNIT DEVELOPMENT HORSETOOTH SECOND INVESTMENT GROUP, LTD., a Colorado Limited Partnership, record owner of Lots 3 and 4, FEENEY SUBDIVISION Planned Unit Development, City of Fort Collins, County of Larimer, State of Colorado, hereinafter called Lots 3 and 4, do hereby make the following declarations as limitations, restrictions and uses to which the said tracts may be put, and hereby specify that these declarations shall constitute covenants to run with all of the above described lar.3, provided by law, 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 said tracts, this declaration being signed for the purpose of guaranteeing that said tracts will be landscaped initially and kept in desirable condition in the future as herein specified. These landscape improvements as described in the landscape plot plans submitted to the City of Fort Collins and on record therewith shall be made and installed in the manner as described in said plan unless amended pursuant to the approval of the City of Fort Collins. Upon completion of construction of the building(s) upon Lots 3 and 4, the owners thereof shall cause the open space on the lot(s) upon which the building(s) have been constructed to be suitably planted with grass, trees and decorative shrubs pursuant to the provisions of said landscape plot plans excepting, however, lands necessary for construction. It is further understood and agreed that the present owners, or subsequent owner(s) or their assigns or successors in interest shall be responsible 8�2117 PGO982 for the maintenance and care (including necessary replacement of dead trees or shrubs) of all "planted and landscaped" areas within said Lots 3 and 4 of the development. Should the present owners or subsequent owner(s) fail in any respect to comply with the terms of this agreement, the City of Fort Collins upon notifying said owner(s) in writing of the matters in regards to which default is asserted and should the owner(s) fail to cure said default within thirty (30) days after receipt of such notice or to commence within twenty (20) days to rectify such default and continue thereafter to use due diligence to rectify such default until it is fully rectified or cured, then the City of Fort Collins shall have the right to enter upon said property and perform the work necessary to replace said improvements or maintain same and the owner(s) of the property in question shall pay or cause to be paid to the City of Fort Collins such reasonable sums necessary to reimburse said City of Fort Collins for the labor and material expended to complete or maintain said improvements which payment shall be made within ten (10) days after receipt of billing. If said billing is not paid, then the said City of Fort Collins, pursuant to the authority granted by these covenants shall have a lien on all property and improvements thereto within the particular lot on which said work was performed, said lien to be exercisable by filing a notice of said lien against said property and improvements thereon. 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 rights it may have pursuant to law, proceed directly with legal action against the present owners, their assigns or successors in interest to collect payment of the reasonable amounts so expended pursuant to the terms hereof. These Protective Covenants are being filed concurrently with -2- BK2.I,IT PG0983 the filing of the Plat of Riverside Commercial Planned Unit Development. DATED at Fort Collins, Colorado this jr day of May, 1981. HORSETOOTH SECOND INVESTMENT GROUP, LTD. General Partner STATE OF COLORADO) )ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this 15th day of May, 1981 by RONALD P. SCHOONOVER as General .gArtner of Horsetooth Second Investment Group, Ltd., a Colorado L.ti&lted Partnership. tpitness my hand and official seal. y ,y commission expires !% „f.� Notary Public AGREEMENT THIS AGREEMENT is made and entered into this;'1"' day of March, 1979, by and between HORSETOOTH II INVESTMEWT GROUP, a Colorado partnership, hereinafter referred to as "applicant", and THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation corporation, hereinafter referred to as "ditch company"; PROJECT: Construction of an eight (8") inch sanitary sewer line located in the South College Avenue right-of-way and parts of Lots 1 and 5 of Observatory Heights Subdivision south of Fort Collins, Larimer County, Colorado. WITNESSETHs WHEREAS, the ditch company is the owner of an irrigation ditch and the right-of-way therefor through Lots 1 and 5 of Observatory Heights Subdivision and a part of the South College Avenue right-of-ways and WHEREAS, applicant desires to construct an eight (8") inch sani.t,nry sewer line at the point designated in Exhibit "A", here- inafter referred to; and T,nMREAS, attached hereto is Exhibit "A", consisting of one (1) sheet, showing the location and plans and specifications for the construction of said sanitary sewer line as the some crosses the ditch of ditch companyl and VnIFREAS, said Exhibit "A" sets forth all of the plans and specifications, anti the terms of this grant shall be in no way modified or changed by any subsequent or related glans or materials not included thereini and WHEREAS, the ditch company is willing to grant to applicant this right upon the terms and conditions hereinafter expressed; NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. The ditch company grants unto applicant the right to construct and maintain its above -described sanitary sewer line as shown on Exhibit "A" under the existing ditch of the ditch company, and further grants unto the applicant the right for ingress and egress to a part of its ditch and ditch right-of-way as shall be reasonable and necessary for the exercise of the rights granted herein. 2. Applicant will, upon the completion of the project, furnish to ditch company an "as built" exhibit further supplementing in final form the work described in Exhibit "A". 3. Applicant shall pay to ditch company a permit fee in the amount of Three Hundred and No/100 ($300.00) Dollars for the grant of this right-of-way. This shall be determined a minimum initial payment to cover preliminary expenses, such as legal work, time and car use of superintendent and/or directors; review of the application; and other preliminary matters. In addition thereto, applicant agrees to pay such additional reasonable and necessary expenses of the ditch company for legal services and inspection of the works by the ditch company's President, engineers and/or superintendent. 4. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in Exhibit "A". Any excavations or changes in the present ditch shall be backfilled, compacted and stabilized to the entire satisfaction of the ditch company. All compaction for dikes shall be done at ninety-five (95%) percent Proctor density. The dikes shall be in conformance with the plans for construction of the sanitary sewer line. Said work shall further be done under the supervision of the superintendent or other designated agents of the ditch company. 5. All construction shall be commenced and completed prior to April 15, 19791 and applicant agrees said construction shall in no way interupt, or impede the flow of water. 6. Upon the completion of the project, the applicant shall promptly notify the ditch company, and the parties shall jointly -2- inspect the ditch at the place of construction. If there are any deficiencies in the work of the applicant or any variations from the plans set forth in Exhibit "A", the applicant shall forthwith remedy the same and in so doing, the applicant shall meet all reasonable requirements of the ditch company for the protection of its ditch and surrounding property. 7. The project shall be without cost to the ditch company, and the applicant hereby indemnifies and forever holds the ditch company harmless from liability for damage caused by the project. 8. The ditch company shall have full power to operate, maintain, alter, enlarge or relocate its ditch as if this agreement had not been made and any expenses caused thereby to the applicant shall not be chargeable to the ditch company. THIS AGREEMENT shall extend to and be binding upon the successors and assigns of the respective parties hereto. IId WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first above written. (SEAL) ATTEST: T W1111am C. taver, Secretary STATE OF COLORADO ) ) as. County of Larimer ) HORSETOOTH II INVESTMENT GROUP, a Coloradd Partnership, B .:. TT 0mas L. Feeneyo7 Ueneral- artner THE LARIMER. COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation corporation, a BY: eG�n A,- JoAnhon, Pr—ps7l ent The above and foregoing agreement was acknowledged before me this day of March, 1979 by THOMAS L. FEENLY, as general partner n�YiORSRTOOTH II INVESTMENT GROUP, a Colorado partnership. Witness my hand and official anal. My Commission Expires: (SEAL) Notary ic'-.M- `> -3-