Loading...
HomeMy WebLinkAboutFORT RAM VILLAGE PUD - Filed OA-OTHER AGREEMENTS - 2003-11-05RCPTN # 90018737 05/04/90 08:05:40 # PAGES - 5 FEE - $25.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 AGREEMENT r��HIS AGREEMENT is made and entered into this fS� day of lLt) , 1990, by and between THE CITY OF FORT COLLINS, COLORADCO, a municipal corporation ("City"), and RONALD D. GRAY and CLAUDINE V. GRAY ("Developer"). W I T N E S S E T H: WHEREAS, on the 16th day of March, 1988, the Developer and the City entered into a Development Agreement ("Development Agreement No. 111) with respect to the development of the following described property, to wit: FORT RAM VILLAGE P.U.D., FIRST FILING, being a tract of land located in the North Half (N/2) of Section 15, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, Colorado. WHEREAS, on the 27th day of June, 1988, the Developer and the City entered into a Development Agreement ("Development Agreement No. 211) with respect to the development of the following described property, to wit: FORT RAM VILLAGE P.U.D., SECOND FILING, being a tract of land located in the North half (N/2) of Section 15, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, Colorado. WHEREAS, under the terms of Development Agreements No. 1 and No. 2, it is provided that the Developer shall construct those items set forth in Exhibit "A" attached hereto (hereinafter called "Improvements") WHEREAS, as of the date hereof, the Developer has completed the portion of the Improvements which are described on Exhibit "B" attached hereto (hereinafter called "Completed Improvements"); and WHEREAS, the Completed Improvements have been accepted by the City both as to design and construction. WHEREAS, subsequent to the execution of the Development Agreements, it has become apparent to both the City and the Developer that the completion of all of the Improvements will involve an effort of a more comprehensive nature than was originally anticipated by the parties. Due to the broadened scope of activities required to complete the Improvements, it is believed by both the City and the Developer that the City should assume a more active role in the supervision and completion of said project. CITY' OF FORT COLUN3 T NOW, THEREFORE, in consideration of the mutual promises of the parties, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. The Developer hereby agrees to withdraw as the party responsible for completion of the construction of the aforesaid Improvements and hereby agrees to assign and delegate that right and duty to the City. The City hereby accepts the assignment and delegation of the right and responsibility of constructing the Improvements. 2. The Developer shall be responsible for the completion of the design of the improvements from the confluence of the Larimer County No. 2 Canal and Spring Creek to Heatheridge Road; and shall be reimbursed by the City pursuant to the provisions of Development Agreements No. 1 and 2 and paragraph 4 hereof. All other necessary design shall become the responsibility of the City. 3. The Developer shall be responsible for the revegetation (grading and seeding) and maintenance of all grass areas as shown on the site plan for the Fort Ram Village P.U.D. The Developer's duty to maintain said grass areas shall terminate upon City acceptance of said revegetation as being completed in accordance with the site plan and the specifications of the City's "Storm Drainage Design Criteria and Construction Standards." The Developer shall be reimbursed for said revegetation and maintenance in accordance: with the provisions of Development Agreements No. 1 and No. 2 and paragraph 4 hereof. The installation of all other landscaping (trees and shrubs) as shown on the site plan shall be the responsibility of the City. 4. The Developer agrees that the seven percent (7%) construction management fee to which the Developer is entitled under the Development Agreement shall be reduced to four percent (4%) of the cost of the Improvements for all future construction work. 5. The City hereby agrees that the Completed Improvements have been approved and accepted by the City, both as to design and construction. 6. The City hereby agrees to indemnify and hold the Developer and their successors and assigns harmless by reason of any claim, loss, damage or liability (including attorneys' fees and costs), known or unknown, ascertained or unascertained, suffered by any person or entity which arises from or out of the construction, design, intended use, operation and/or maintenance of the Improvements, and/or the continued construction and design of the Improvements for whatever reason. PA 7. This Agreement shall run with the real property hereinabove described and shall be binding upon the parties hereto, their personal representatives, heirs, successors, grantees and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: City Manager ATTEST: City Clerk APPR D AS TO FORM: Deputy City Attorney DEVELOPER: Ronald D. Gray Claudine V. Gray T% EXHIBIT "A" Description Larimer No. 2 Canal Grading 4" PVC Subdrain 48" Inverted Siphon w/trash racks Reg. Detention Pond Earthwork Reg. Detention Pond Revegetation New Mercer Canal Overchute Spring Creek Check/Spill Structure Spring Creek Floodway Structure Canal Bk. & Plunge Pool Grad. Larimer No. 2 Canal Riprap Eliz. St. Canal Culvert Improvement New Mercer Permit 4' Trickle Pan 4 Quantity Unit 1 LS 1615 LF 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 460 LF EXHIBIT "B" Description Quantity Unit Larimer No. 2 Canal Grading 1 LS 48" Inverted Siphon 99 LF Reg. Detention Pond Earthwork 1 LS Reg. Detention Pond Revegetation 1 LS New Mercer Canal Permit 1 LS 4' Trickle Pan 460 LF Larimer No. 2 Canal Riprap 1 LS 5 a SITE AND LANDSCAPE COVENANTS FOR Fort Ram Village First Filing P.U.D. Situate in the P.U.D. City of Fort Collins, County of Larimer, State of Colorado The undersigned, fee owner of Fort Ram Village First FilingP.U.O. (The Property) located in the City of Fort Collins, County of La rimer, State of Colorado, does hereby make the following declarations as limitations, restrictions and uses to which the Property may be put, and hereby specifies 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 yuaiaiiteeing t ut the Property w'. 11 be develnped and landscaped initially and kept 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 conservation 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 approved 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 utilized 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 td 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 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. The sum due and unpaid shall accrue interest at the statutory rate for judgements from the date that such sum is due. If said billing is not paid, then the City of Fort Collins pursuant to the authority granted by these covenants, shall have a lien on the above described property and improvements thereto. Said lien to be exercisable by filing a notice of said lien against said property and improvements thereto; provided, 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 enforcement of liens against real pruperty and may also, at ir.s 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 terns hereof.. ss the right, undersigned, consent uofetherCitydofsFo t CollinsbyColoradoexpressly toreserve amend or restate these Covenants, by including the provisions contained herein within the Protective Covenants for the real property platted as "The Fart Ram Village First Filing P.U.D." which real property .hall include the property suoject to these Covenants. 77 DATED this q'G _ day of 1 191. Owner The State Board of Agriculture of The State of Colorado 8 iitie Richard L. Robinson --^ ATTEST: Sec re ry Eugene T. Petrone STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The foregoin inst ent ,was acknowledged before me this �U day of 191 , by CH�r2p L l� 2�ESLDE N`r and as dS Secretary Oi My Commission expires: //7'/IgI 0 Witness my hand and official seal. Notar�lic