HomeMy WebLinkAboutMCCLELLAND OFFICE PARK PUD - Filed OA-OTHER AGREEMENTS - 2003-12-18McClelland Office Park P.U.D.
Amendment Agreement No. 1
THIS AGREEMENT, made and entered into this �YA day of d ✓ ,
198y, by and between the CITY OF FORT COLLINS, CUEU—RADO, a mum cipal
corporation ("City"), and MR. K. BILL TILEY, owner, ("Developer"), is
an amendment to that certain Development Agreement dated the 21st day
of June, 1984, by and between the City and MR. K. BILL TILEY, owner.
By this agreement, the aforesaid Development Agreement is hereby
amended in the following particulars:
The following is added to Paragraph 2.:
2.B. Prior to the issuance of the footing and foundation permit
for any buildings within this development the developer agrees
to the following:
1. No combustible material will be allowed on the site until
the water system is installed by the Developer and approved
by the City.
2. To provide an access to any building under construction,
adequate to handle any emergency vehicles or equipment, and
to maintain such access at all times. Such access shall be at
a minimum, 20" wide of 4" base course material compacted
according to City Standards with a 40' radius at the building
end of said access.
3. The issuance of said footing and foundation permit is
solely at the Developer's own risk and the Developer shall
hold the City harmless in the event of any damages resulting
from the issuance of said permit prior to the completion of
the requirements in accordance with the Code of the City of
Fort Collins, Article 99-6.B.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
ATTEST:
it
APPRO D: --- - ---�
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CityAttorney'
CITY OF FORT COLLINS
a municipal' orporation
By /
XI
City Manager
Cilty Engine
OWNER
K. Bill liley
82282 P22s5
3
578452
COUNTY OF LARIMER
MOk JUL 31 AM II: 02
STATE OF COLORADO
SITE AND LANDSCAPE COVENANTS
FOR
MGCvBIre.ANO A-P)djs 4*P.U.D.
Situate in the Wri,it SEC7ia��L 7-(09
City of Fort Collins�nty of Larimer,
State of Colorado
The undersigned, fee owner of f/� ._Ct��igp�PRKp.U.D. (The
Property) located in the City of Fort Collins, County of Larimer, State of
Colorado, does hereby make 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 and !2pt 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 inprovements, 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. tooether with
all parking, sidewalks and open space areas and all areas ot!;erwise uti-
lized for buffering energy conservation or other site amenity. Should the
owner fail in any respect to comply with the terms of this Agre%:n,:nt, the
City of Fort Collins upon notifying sail owner in writing of the mol,ters 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 aefault 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 Ccunty, Colorado, a
mandatory injunction requiring rectification of the default. Cr (2) to
enter upon said property and perform the work necessary to rzpiace said
improvements or maintain the same and the owner shall pay ). cause to be
paid to the City of Fort Collins such suns necessary to reimburse said City
of Fort Collins for the labor and material extended 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
B2282 P2Z5b
billing is not paid, then the City of Fort Collins pursuant to the author-
ity 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; pro-
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
P.U.D." which real property shall include the property
subject to these Covenants.
DATED this 4S ryday of 0ACr , 199y.
BY o
Title
ATTEST:
�,(• Ar
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The Jforegoing instrument was acknowledged a►ti 19_!L, byjC&jL r-1��----
.. ,.
My Commission expires:-3 — ZZ .!� $
before me this % 0 1day of
as 010PICAL -a;4d—
'ifj,tness ,ny hand and official seal.
Notary Public