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Home My WebLink AboutHARVARD SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-21RCPTN # 88032690 0 '15/88 12:16:48 # OF PP--S - 2 FEE - 86.00 M. RODENRERGER, RECO,..ER - LARIMER COUNTY CO STA_ DOC FEE- $.00 STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is executed this Id[_�day of January, 1988, by and between the CITY OF FORT COLLINS, COLORADO (City) and htc E c, C, can d -T- (Developer) . WHEREAS, the Colorado General Assembly has provided for the establishment under certain circumstances of vested rights in the development of real property in the State of Colorado; WHEREAS, pursuant to 24-68-102(4), C.R.S., what constitutes a site specific development plan that would trigger a vested prop- erty right shall be finally determined either pursuant to ordi- nance or upon an agreement entered into by the City and the Developer; WHEREAS, as of the 25th day of January, 1988, the City's ordinance identifying and specifying "site specific development plans" shall not yet have taken effect; and WHEREAS, the purpose of this Agreement is to accomplish, by agreement entered into between the City and the Developer, an understanding of what constitutes a site specific development plan pursuant to Colorado statute. NOW THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1, The approval, by the City Planning and Zoning Board, of January 25, 1988, of the following described pro- ject, to —Wit: FHC E(aG t r IZ }Ccu Yc: n� ✓ I?2i �y I:1:JJUihr�nt,� Gf 4ke, IVE Cc fnec G l� �"h'r,riCr�h f"U rni tL J ) iI 11 JJ r Y l.i rv.`'J r\ IG 72Y �I'�'I�211 r�rn Ze I � �� he ct Brio lfic hwaY 87 r'7�r, rfa��e fC� � ! iC . eei2nce wsk. ? F- p C. Gi- L F n Crt E ulc t�a_. �+cr Fh t�n2 cF ✓�� r� rit:n �'t�r v) ri LC m;; n/ Z.i;G n1)8tr" t.: �'{�: t^c, �.fi Ci� hoJ n: r „�, shiall/sue constitute a site specific�develop- ��P/b'b ment plan as defined in Title 24, Article 68 of the Colorado Revised Statutes. (If the aforesaid project shall be deemed to constitute a site specific devel- opment plan, it is further understood and agreed bet- ween the parties that said site specific development plan shall be governed according to the terms of Ordinance 2, 1988 and Ordinance 3, 1988 as though said ordinance were fully in effect at the time of approval of the aforesaid development.) 2. If a court of competent jurisdiction should determine that any part of this Agreement shall be invalid or unconstitutional, then the remaining portions of this Agreement shall continue in effect and shall not be affected by the invalidity of the other portion or portions. 3. This Agreement shall be deemed to run with the land as described in the aforementioned project and shall inure to the benefit of the parties, their heirs, successors, representatives and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: City ClerJ�sc�i APPROVED AS TO FORM: Assistant City Attorney City of Fort Collins, Colorado a municipal corporation e (owner) year first: above written. _ MEMORANDUM OF AGREEMNT THIS AGREMENT, made and entered into this day of Q,.,,, o, A. D. 19 -7 7-1 by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Harvard Subdivision, 2nd Filin For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREP.S, said subdivision plat is acceptable to first party and first partyIsPlanning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOW, THEREFCRE, 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 shorting 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. fig) 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. If a storm sewer outfall line, is not 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 foin such district. (6) Items A (1) to A (S) inclusive are to be financed by the party of the second part, excepting only Item (3) electri_cal 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 sower 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 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 WITNESS WDERE OF, first party has caused these presents to be signed by its Mayor and its corporate seal to he hereto affixed attest to by its City Clerk, pursuant to motion of the Council of the City of Fort L!, Collins dated the / day of t A.D., 19 ?,-, 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 r , By j Mayor First Party AWES'! : City Clerk APPROVED: ei ty IEn;inccr (SEAL)