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HomeMy WebLinkAboutPENTHOUSE - Filed OA-OTHER AGREEMENTS - 2004-01-20r t ,�iGRAN'DUM OF AGRP`DtMNT THIS !.CiREEIL IT, made and entered into this 2 2 day Of rZ _A. D. 19 %, by and bewtVreen THE CITY OF FORT C,-UDIS, a"municipal corporation, hereinafter designated as first party, and Hereir.;lfter designated as second party, Tr1ITNESSETH: 4 iTERFAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Penthouse Subdivision For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and LNEPEAS, said subdivision plat is acceptable to first party a•id first party's Planning and Zoning Board, subject to construction of ut_.1'ities in the area to be subdivided, NC[,I, T}N1REF CrRE, 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._.1n consideration of the approval of said plat by first party, and first party's 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 crater distribution system including the connecting pipelines to the points of connection to the first party's existing grater distribution system and showing all valves said fire h;rdrants. (2) Plans and profiles of the proposed sanitary sewer system includin; all manholes and connections to the first party"s existing sanita-ry serer system. (;- A plan of the proposed electrical distribution system io-^luding connecting. lines to the first partyts existing electric..:' di.str`_bution s^>tem and including all street lights. (Q Plans and profiles of all street improvements. (15) Plans and profiles of the proposed street drainage system sho;ri.nF, the connections to the first party's storm serer 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 form such district. (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 G 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 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 {THEREOF, 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 f 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 By Mayor First Party ATTEST: LKM Real Estate, Inc. City CNN John A. Katchur, President APPk0 �� Second Party �.t-i,—J _. b[[61 r'1d15 553829 COUNTY OF L ARIMER 084 MAR -5 AM 11: 21 oTATr OF COLORADO SITE AND LANDSCAPE COVENANTS FOR SUNSTONE P.U.O. Situate in the City of Fart Collins,ounty of Larimer, State of Colorado The undersigned, fee owner of SNOW CONDOMINIUMS P.U.D. (The Property) located in the City of Fort Col ins, ounty 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 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 con- servation amenities, as described in the site and landscape plans submitted all be me an(I ii record therewith installed in the manner oasidescribed nin said plans unless hamended p usuant 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 Collins for the labor and material expended to complete or mai.ntain 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 authcr- 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 1� day of6� , Ig Owner NogoIc, CO034hew%ktoN 5 Owc�o�,nc�t2Nc. STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ��n day of �s 195L' by L4 i�4rc�c l as and as Sec to of My Commission expires: g ^� Witness my hand and official seal. )Lary NUDiIc _-- 80 -z- :y, uU l pQ