HomeMy WebLinkAboutMOURNING - Filed OA-OTHER AGREEMENTS - 2003-12-24A r_o r vMVU1r
PHIS AGREEMENT is made and entered into this 21 day of
49n14ary____________, A.D. 19 _75 _, by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated
as the "City", and Chester N. Winter hereinafter
designated as the. "Developer",
WITNESSETH:
WHEREAS, Developer is the owner of certain property situate in
the County of Latimer, State of Colorado, known as Lot 3 of the Mourning Subdivision
more particularly described on the subdivision plat on file in the office of the
City Engineer and by this reference made a part hereof; and
WHEREAS, Developer desires to develop said property as a
Commercial subdivision and has submitted to the City a master plan showing a
proposed subdivision layout for said lands, which master plan is on file in the
office of the City Planner and by this reference made a part hereof; and
WHEREAS, Developer has further submitted to the City a utility plan
for said ]ands which is on file in the office of the City Engineer and by this
reference made a part hereof; and
WHEREAS, the parties hereto have agreed that the development of
said lands will require increased municipal services from the City in order to
serve such area and will further require the installation of certain improvements
primarily of benefit to the lands to be developed and not to the City of Fort
Collins as a whole; and
WHEREAS, the City's planning and zoning board has ,approved the
master plan submitted by the Developer subject to certain requirements and
conditions which involve the installation of and construction of utilities and
other mun:LcLpal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the premises and the terms
and conditions herein slated and for other valuable consideration, the
adequacy of which is acknowledged by the parties hereto, it Ls agreed as
follows:
1. The City hereby approves the master plan submitted by the
Developer, it being understood that such approval- is approval only of the
general scheme and concept of development shown thereon and that the City may
impose additional requirements on final plats for any portion of said land
consistent with the general scheme of development shown on the master plan.
2. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all utility lines, storm drainage facilities,
streets and other municipal facilities facilities necessary to serve the lands described
on the subidivision plat such lines, streets and facilities including, but not
limited to, those shown on the utility plan on file in the office of the City
Engineer.
3. Storm Water Retention.
a. Developer agrees to construct and install all facilities
necessary to provide the storm water retention as shown on the utility plans.
b. Developer understands and agrees that no Certificate of
Occupancy will be issued until such time the storm water retention facilities are
satisfactory as determined by the City Engineer.
4. Sidewalks.
a. Developer agrees to install allsidewalks shown on the
utility plans.
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h. Such sidewalks shall be :installed in full compliance with
the standard specifications of the City on file in the office of the City Engineer
relating to the installation of such sidewalks.
c. Developer agrees to complete the installation of sidewalk
Improvements no later than August 1, 1975.
d. The installation of all sidewalks shall be inspected by the
Community development Department of the City and subject to such department's
approval. Developer agrees to correct any deficiencies in such installation in
order to meet the requirements of the plans and the specifications applicable to
such installation. In the event such installation is not completed and approved
within the time set forth above, the City shall have the right to cause such
addfLlonal work to be done as it deems necessary to complete the installation in
a satisfactory manner and the Developer shall be liable for the cost of such
additional work.
5. Other Requirements.
a. There is an existing drainage problem on the property directly
south of said lands which the Developer agrees was caused by development of streets
adjacent to Lot 3 of Mourning Subdivision.
b. Developer further agrees to correct the said drainage problem
at his own expense to provide positive drainage conditions for lands south of his
development.
c. Said drainage remedies shall be inspected by the Community
Development Department of the City and subject to such department's approval.
d. Developer agrees to complete said positive drainage means no
later than May 1, 1975.
6. Performance and Payment Mond. To insure Developer's performance
under this agreement, Developer has provided the City a satisfactory surety bond in the
-3-
amount of $_none__rejuired conditioned on Developer's fu11. performance
of its obligations hereunder and payment by the Developer of the cost of instal.ling
all improvement required to be paid for by the Developer.
This agreement shall be binding upon the parties hereto, their
heirs, personal representatives and assigns.
IN WITNESS WIJERFOF, the parties hereto have caused this agreement
to be signed the day and year first hereinabove written.
THE CITY OF FORT COLLINS, COLORADO
ATTEST:
y.
City Cleric City Manager
APPROVED:
Uirccto. of Community
Development Dello-r7onv
City Attornfv
Develope
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WHEREAS, the City's planning and zoning board has approved the
master plan submitted by the Developer subject to certain requirements and
conditions which involve the installation of and construction of utilities and
other municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the premises and the terms
and conditions herein stated and for other valuable consideration, the
adequacy of which is acknowledged by the parties hereto, it is agreed as
follows:
1. The City hereby approves the master plan submitted by the
Developer, it being understood that such approval is approval only of the
general scheme and concept of development shown thereon and that the City may
impose additional requirements on final plats for any portion of said land
consistent with the general scheme of development shoran on the master plan.
2. Except as otherwise herein specifically agreed, the Developer
agrees to instal-1 and pay for all utility lines, storm drainage facilities,
streets and other municipal facilities necessary to serve the lands described
on the subidivision plat such lines, streets and facilities including, but not
limited to, those shown on the utility plan on file in the office of the City
Engineer.
3. Storm Water Retention.
a. Developer agrees to construct and install all facilities
necessary to provide the storm water retention as shown on the utility plans.
b. Developer understands and agrees that no Certificate of
Occupancy will be issued until such time the storm water retention facilities are
satisfactory as determined by the City Engineer.
4. Sidewalks.
a. Developer agrees to install all sidewalks shown on the
utility plans.
-2-
b. Such sidewalks shall be installed in full. compliance with
the standard specifications of the City on file in the office of the City Engineer
relating to the installation of such sidewalks.
c. Developer agrees to complete the installation of sidewalk
improvements no later than August 1, 1975.
d. The in-tallati.on of all sidewalks shall be inspected by the
Community Development Department of the City and subject to such department's
approval. Developer agrees to correct any deficiencies insuch installation in.
order to meet the requirements of the plans and the specifications applicable to
such installation. In the event such installation is not completed and approved
within the time set forth above, the City shall have the right to cause such
additional work to be done as it deems necessary to complete the installation in
a satisfactory manner and the Developer shall be liable for the cost of such
additional work.
5. Other Requirements.
a. There is an existing drainage problem on the property directly
south of said lands which the Developer agrees was caused by development of streets
adjacent to Lot 3 of Mourning Subdivision.
b. Developer further agrees to correct the said drainage problem
at his own expense to provide positive drainage conditions for lands south of his
development.
c. Said drainage remedies shall be inspected by the Community
Development Department of the City and subject to such department's approval.
d. Developer agrees to complete said positive drainage means no
later than May 1, 1975.
6. Performance and Payment Bond. To insure Developer's performance
under this agreement, Developer has provided the City a satisfactory surety bond in the
=N
amount of $_ none rewired __ conditioned on Developer's full performance
of its obligations hereunder and payment by the Developer of the cost of installing
all improvement required to be paid for by the Developer.
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 hereinabove written.
THE CITY OF FORT COLLINS, COLORADO
ATTEST:
By
City Clerk
APPROVED:
Di.recto_ of Communit
Development Department
tV Att
City Manager
W
Developer
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OF AG.. iIrN
d
T74TS _:', . _de and entered into this % day
of A. D. by and bet teTeen THE, CITt OF FORT
CO T,! S, 4 ..___.^irl co �orati on, heroina�:ter designated as first party,
and
Ferair_,ftcr .es`nated as second party, ?IITPrSSETH:
second p_r y has heretofore submitted a subdivision
plat of the sabdivisio._ to be no;;n as Mourning Subdivision, First Filing
end Zo _ ns _)`)ard and
the City Council of t^_e City of Fort Collins, and
j&iFsP '_S, s__d s-iodivision plat is acceptable to first party
and first aar °s ale- -^:rand Zoning Board, subject to construction of
utilities in v:e �_ � : �o _.. subdivided, YICri, 7_= ?C'_, in consideration of the premises and the terms
of this agrcen=_:_t, it is n t_al?y agreed as folloars:
1. First p___ ty agrees that said subdivision plat shall be,
s, ;a -- — -
and tee _„ �' approsed;
2� .gin corsi'sration of the approval of said plat by first
party, a,d first partyts ?la vn rg zed Zoning Board, second party agrees
as follc:;s:
(,) To su ==t to first party the follo:ring- detailed
in;oro-re-,.cnt plans, accep able to the first party:
(1) A plan of ',_.e proposed t:.ater distribution system
including t:-:e cDnn ct'_,n nip=lir_es to the points of connection_ to the
first p,a:"tyts _isti ., r distribution system and shoring all valves
and fire hydrants.
(2) Pl-_-s and ^^oiiles of the proposed sanitary seuer
jzE,f 1:^r,=li:' _l -_a __�_--3 and conn_-cti P t0 t�ie I'1r5t party 75
e_a„'_*Z s_..__J Sys`..
(3) __ plan of the proposed electrical distribution s rste^.:
incl'adie- con^=ctir ;--es to the first aarty's existing electrical
dis ._ _but- all street lights.
(4) Plans and profiles of all streeti nro,;en,ents.
(5) _^ofiles of the proposed street drainage
s _ t: -c cr..nrtior.s to the first partyts storm se* -- syst_;m
and includin„ all stor. se,:er inlets and manholes. I£ a storm sewer outfall
is not avitil=_D s arty agrees to loin into a special improve -
district for inst.'tation of such outfall line upon request therefor
by first p_ri:v ar.d -r si ' . ; petition and perform any other act necessary
to for:°i sud1 district.
(�) 1 to .a (o) inclusive are to be financed by the
')arty of the- second ,art, eto�pting only Item (3) electrical distribution
system. All material raga --rid for street li.ghts are to be paid for by the
party of the second part to the Light G Power Department of the City.
__-,- or. b_t to�Iins shall require 1arr .cater
mains, sanitary se�cer mains or storm sewer mains to be constructed within
the subdivision than :could 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 bzsed on ororation o£ the cost of the facility actually
constructed and the as t ratad cost of such facility as shown on the sub -
divider's approved _,lan. Suan proration of costs between the City of Fort
Collins and the sub-'' cider shall be determined in advance of construction
by tic City Lnginecr and i. the event of any dispute this matter shall be
sciomitted to the City Council for final determination.
IN [VITNESS first party has caused these presents to be
-;,ned by its ?layor >nd its coxq)oratc seal to be hereto affixed attest to
by i.ts City Clerk, pursuant to motion of the Council of the City of Fort
Collins dated the day of A.D.,
9 3 and second narz l=as hereto set his hand and seal the day and
year first hcreinaboee ,ritt n.
:C11'i:ST :
Cit> .
I-HEi CITY OF FORT COLLIVS
A "lunicipal Corporation
By
D4ayo r
First Party
STEELE'S MARKET, INC.
\PP1tOVIiU: _ (StAL)
5 toad Part) Presdd��at
11j7 IV,
-. _ ATTEST: _� �._, . L/ �, �,� i ,Sec_"etary
1,E4C_4A:IDUP: Or AGP=0 IT
THIS AGREEIEIT, made and entered into this ?� day
of A. D. 19 73 3 by and bei;tween TH,s CITY Ce FCBT _
CCIT,J) 71 Zr.iclpal corporation, hereinafter designated as first party,
and
Hereinafter designated as second party, WITNESSETH:
tid F'_S, second party has heretofore submitted a subdivision
plat of the subdivision to be kno:rn as Mourning Subdivision, First Filing
,o_ approval bl the -nni opal Pl -i:,_i ng and Z J -ng — 0jard : ^nd
the City Council of the City of Fort Collins, and
WHERrAS, said suibdivision plat is acceptable to first party
and first party7s Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
1110"'F5 TIFEH REF ME, 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
r — party, and first partyls Planning and Zoning Board, second party agrees
as follows:
(A) To subr-t to First party the £olio,--Lng detailed
improvement plans, acceptable to the first party:
(1) A plan of the proposad rater distribution system
including the Connecting pipelines to the points A connection to the
first partyls oxistinm; :dater distribution system and sha,,,ing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary se or
-stem including all r_-.nhAn^ and connections to the first partyls
:7st ng sanitary se:'.er s'ys. -,i.
(3) A plan of the propasod electrical distribution ,
l ig nn, + n t'1e irs 1 i
l.TiC_ndlT.� CO.�.:^C��1ng 11�:3s t0 S__�t parity e.:C_SL1n� electrical
'
distribution ,y,t_n and including all Arcot lights,
(4) Plans and profiles of all street improvements.
CQ Pln3 ani profiles of the nroposcd stre^t drainage
Sy:.. ,n shwAng the conn^. tons to the first pa. y ?s stoA:l ,, _,yt t_m
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 form such district.
(0) Items A (1) to A (S) 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 6 Power Department of the City.
11 t1- cVtiIt tae iitj o' 'O-t Col i_i1S Sila 1't IiJ,JI IL Le I. LLC�._tr '.i:L_Jr
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 tho 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 h:ngineer and in the event of any dispute this matter shall be
submitted 'eo 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 affixed attest to
by its City Clerk, pursuant to motion of the Council of the City of Fort
Collins dated the day of A.U.,
-------
t9 ,7 and second party has hereto set his hand and seal the day and
year first harci.nabove written.
FiLS'1:
City Clcrh
'111E CITY 01' F0R'1 COLLINS
A „iunicipat Corporation,
Bv
First Party
ST)=E'S MARKET, INC.
S cc T 1-d [ i I Py s ilent
Secretary L v -,I�
__ --_- ATTEST:
-�- �
f - __ Y
AGREEMENT
THIS AGREEMENT is made and entered into this 21 _ day of
January , A.D. 19 _75 _, by and between THE CITY OF FORT
COLLINS, COLORADO;, a municipal corporation, hereinafter sometimes designated
as the "City", and ______Chester N. Winter hereinafter
designated as the "Developer",
WITNESSETH:
WHER:VS, Developer is the owner of certain property situate in
the County of Larimer, State of Colorado, known as Lot 3 of the Mourning Subdivision
more particularly described on the subdivision plat on file in the office of the
City Engineer and by this reference made a part hereof; and
WHEREAS, Developer desires to develop said property as a
Commercial subdivision and has submitted to the City a master plan showing a
proposed subdivision layout for said lands, which master plan is on file in the
office of the City Planner and by this reference made a part hereof; and
WHEREAS, Developer has further submitted to the City a utility plan
for said lands which is on file in the office of the City Engineer and by this
reference made a part hereof; and
WHEREAS, the parties hereto have agreed that the development of
said lands will require increased municipal services from Go City in order to
serve such area and will further require the installation of certain improvements
primarily of benefit to the lands to be developed and not to the City of Fort
Collins as a whole; and