HomeMy WebLinkAboutFOX SHOPPING CENTER SUBDIVISION - Filed OA-OTHER AGREEMENTS - 2003-10-29AGREEMENT
THIS AGREEMENT, made and entered into this day of Augus-t, A.D.,
1969, by and between the City of Fort Collins, Colorado, a municipal corpora-
tion, hereinafter referred to as "City", and James Johnson and Son Inc., a
Colorado Corporation, hereinafter referred to as "Owner",
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located on the
west side of College Avenue in the City of Fort Collins, at the intersection
of College Avenue and Parker Street, and
WHEREAS, in connection with said property, owner desires to make
certain changes in the layout of College Avenue at said location, and the
City has agreed to permit such changes, subject to certain terms and conditions
more fully set forth below, and
WHEREAS, a Plat has been prepared showing the changes to be made, and
a copy of said Plat is attached hereto, marked Exhibit A, and by this reference
made a part hereof,
NOW, THEREFORE, in consideration of the premises and the terms of the
within agreement, it is agreed as follows:
1. The City hereby grants to the owner the right to change the street
improvements at the intersection of College Avenue and Parker Street in the
particulars more fully shown on the Plat attached hereto as Exhibit A.
2. The Owner agrees to make all of the changes shown on said Plat at
his own expense and subject to the complete approval of the City. All of such
improvements shall be made under the supervision of the City Engineer, and when
such improvements are finished, shall be subject to the acceptance of the City
Engineer, Not withstanding anything above to the contrary, the City will at
its expense, move the street light and the sprinkler system as indicated on
Exhibit A.
3. It is understood that the City is of the opinion that the
changes contemplated by this agreement will create additional traffic
congestion at the intersection, and that it will be necessary to install
signal lights in order to control such traffic. Owner therefore agrees
as further consideration for being permitted to make the changes in the
intersection, that he will pay all of the cost of materials to install
traffic signal lights of the type now located in the City at the inter-
section of College Avenue and Pitkin Street. If within 24 months from
the date of this agreement, the City determines that such signal lights
are necessary to control traffic at such intersection. Such determination
shall be made by the City Manager of the City of Fort Collins, and his
determination whall be final and binding and not subject to review. If
such signal lights are installed, it is agreed that they shall be installed
by the City at its cost.
THIS AGREEMENT shall be binding upon the parties hereto, their
heirs, personal representatives, and assigns,
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be signed the day and year first here and above written.
CITY OF FORT COLLINS
B T-"
ATTEST:
cityCe�
BY:
ATTEST: ✓,%�,4�J d- �IiyLYGr�t_
Sea
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 8 th day
of J,,rivary A. D. 19 69 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and James Johrson R.-, Son
Hereinafter designated as second party, WITNESSETH: 10
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Fox Cho, x:,ing Center Subd .�=is- on
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
�JiEREAS, 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,
NOV., THEREFORE, 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 submit to first party the following detailed
improvement plans, acceptable to the first party:
(1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first partyts existing water 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 partyts
existing sanitary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first partyts existing electrical
distribution system and including all street lights.
(4) Plans and profiles of all street improvements.
(5) Plans and profiles of the proposed street drainage
system showing the connections to the first partyts storm sewer system
and including all storm sewer inlets and manholes.
(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 & 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 subdividerls 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 affilod attest
to by its City Clerk, pursuant to motion of the Council of the City of
-Fort Collins dated the 9 t h day of nniin24r
A. D., 19___,2� 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:
CityClerk'
APPROVF,D
ity Engineer��- _
FAL)
82237 P1656 527889
COUNT`( 0`' E..w�RIM R
1983 SEP { S A11 110* 02
TA T � 0I CS! A D 0
NOTICE
Please take notice that on July 25, 1983, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved the Final Plan of the planned
unit development known as FOX CENTER 2 PUD, which development was submitted
and processed in accordance with Section 118-83 of the Code of the City of
Fort Collins. The Final Plan of the subject property, out of which document
accrues certain rights and obligations of the developer and/or subsequent
owners of the subject property, are on file in the office of the Clerk of the
City of Fort Collins.
The subject property is more particularly described on the attached
exhibit.
Offsite easements required for utilities to serve this planned unit
development are recorded with the Larimer County Clerk and Recorder.
A'
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C i `'y L I er
mated: of / 5/83
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retary, anning o ing oar
Ci y of Fort Collins
02237 P16�1
LEGAL DESCRIPTION
FOX CENTER II P.U.D.
A part of Lot 3, Fox Shopping Center Subdivision, Fort Collins, Colorad8
which begins at the Northeast corner of said Lot 3 and rubs thence S 01 03'W
495.g0 feet; thence N 82016145"W 104.06 feet; thence N 45 38'W68.00 feet; thence:
S 89 22'W 54.00 feet to a point on the West line of said Lot 3; thence N 00 38'W
244.00 feet; thence East 116.99 feet; thence North 190.00 feet; thence East 100.50
feet to the point of beginning, containing 76,811 square feet more or less.
,82237 P1658 527890
C 0 U H T Y C
1383 SEP ( S AM i0- 02
STA TEE OF C01_3;'MO
SITE AND LANDSCAPE COVENANTS
FOR
P.U.D.
Situate in the FOX CENTER II
City of Fort Col l ins�nty of Larimer,
State of Colorado
The undersigned, fee owner of FOX CENTER II P.U.D. (The
Property) located in the City of Fort Collins, County of Larimer, State of
Colorado, does hereby snake 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 ana '(apt 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
to the City of Fort Collins and on record therewith shall be made and
installed in the manner as described in said plans unless amended pursuant
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 Col Tins 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. The sum due and unpaid shall accrue interest at the
statutory rate for judgements from the date that such sum is due. If said
j3Z231 � 1 6 j 9
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 descried
property and improvements thereto. Said lien to be exercisable by filing a
notice of said lien against said property and improvements thereto; orc-
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
FOX CENTER II P.U.D." which real property shall include the property
suDjecz to these Covenants.
DATED this U%7�-day of August 1983.
Owner
JAMES JOHNSON & SON, INC.
Al F y;
'- - Tit e Presi
retary-,
STATE OF COLORADO )
)ss
COUNTY OF LARINER )
The foregoing instrument was acknowledged before me this day of
_AiZ1 _ 19 83 , by Lewis Melvin Johnson as President and
C'hPri e _p ,7p� a s Secretary o f James Johnson- & Son, Inc..
- NTy Commission expires
Witiess ,iy hand and official seal.
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