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HomeMy WebLinkAboutRIVERSIDE COMMERCIAL PUD - Filed OA-OTHER AGREEMENTS - 2004-02-04RCPTV # 86072013 12i10/86 10:30:32 # OF PA,6S - 11 FEE - $33.00 J. ULVA'43, RECORDER- LARINER COUNTY, CO. STATE DOC. FEE - RESTATED PARKING EASEMENT AGREEMENT This Agreement made and entered into this 19th_day of September, 1986 by an among the owners identified below hereafter called Owners: L IDENTIFICATION OF OWNERS The parties to this Agreement are all of the Owners of the lots in Riverside Commercial Planned Unit Development as follows: Lot 1 Owned by AJK Partnership Lot 2 Owned by AJK Partnership Lot 3 Owned by Bio-Medical Application of Fort Collins Owned by First Interstate Bank as Trustee, Richard W. Lots 4 and 4a Johnson as Trustee, John David Voiles and Susan E. Woods Lot 5 Owned by Fort Collins Newspapers Lot 5a Owned by Fort Collins Newspapers Lot 5b Owned by Ted Davis, Trustee for Douglas M. Murray Lot 6 Owned by First Interstate Bank as Trustee Lot 6a Owned by First Interstate Bank as Trustee II. TERMINATION OF EXISTING AGREEMENT 1. There is an existing Parking Easement Agreement concerning all of the lots in Riverside Commercial Planned Unit Development executed by the then owners on or about September 26, 1977. Said original Agreement has been amended from time to time by some or all of the owners. 2. By this Agreement, the undersigned hereby terminate the original Parking Easement Agreement, terminate all the amendments to the original Parking Easement Agreement and hereby restate the Parking Easement Agreement upon the terms and conditions stated herein for the purpose of sharing use of the parking areas and to provide access to the various lots. III. MUTUAL NONEXCLUSIVE EASEMENT With respect to all of the lots in Riverside Commercial Planned Unit Development the owners give, grant and convey to each other and to the subsequent owners of said lots, or the subsequent owners of subdivisions of said lots, a limited mutual reciprocal and nonexclusive easement, right and privilege of use for parking in, to and upon the parking areas delineated on Exhibit "A" attached hereto. It is agreed that the easements, rights and privileges granted hereby shall be for the benefit of and be restricted solely from time to time to the owners of the lots in the Riverside Commercial Planned Unit Development but any such owner may grant the benefit of such easement, right and privilege to the patients, customers and business invitees of tenants occupying improvements on each lot. It is further agreed that the aforesaid rights and privileges Lot 6 STATE OF COLORADO )ss COUNTY OF LARIMER ) The foregoing was acknowledged before me by A� � A -; in the County of Larimer, State of Colorado this day of �',- ; L' 1986. Notary Public Address My Commission expires: My Commission tnpires rmb. I5, IMP 6a STATE OF COLORADO )ss COUNTY OF LARIMER ) The foregoing was acknowledged before me by �.t_. in the County of Larimer, State of Colorado this 19 _ day of `s �Ly� 1986. Notary Public Address My Commission expires: j�y Commission tnobas F,.,, 15, joaq, you}4i did •! 00 m } ^ J J a Q Z U x W a s m � i Z O O U Q J Im n Q (n U �_ cr W W U CI - ^ ! 1Z { 1] N 1K LLI — n J � z F — W � J om I UTILITYC;P!{IvMII T' /r THIS AGI2t:KMI.2NT is nkzde and entered into this day of - -- A. D. 1977, by and between THE CITY OF FORT COILINS, C01k)Rt100, a municipal cor- poration, hereinafter sometimes designated as the "City", and Riverside Commercial Development Corp. hereinafter desidnaLed is the "Developer", WI'PN IASSITO I : WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and loyally descrilxxl as lollcrws: RCVERSIDE CCMMEPCIAL PLANNED UNIT DEVELOPM[Nf being a tract of land located in the NW 1/4 of Section 18, T 7 N, R 6 8 W of the 6th P.M. City of Fort Collins. WHEREAS, Developor desires to develop said proerty as a conmercial sub- division and has submitte; to the City a ailxl vision plat (and a site plan if said property is to be dovelobxxi as a Pl,uu1sl !rnit Dcveloper_nt a copy or wuch is on File in the Office of the City Engineor :md by this reference made a part hereof; and WIIERF.AS, Developer has further submittcxl _o the City n utility plan For said lands, a copy of which is on file in the Office of the City Engineer and by this reference nude a part hereof; and WIIEREA.S, the parties hereto have aurcal that the developnr=nt- of said lni will. require increased municip6 L services from the City in order to !;,,iv - ;1 , area mid will further raluire the :installation of certain iniprovenont s I _1 .1, of benefit to the lands to be develotx�,l <md not to the City of Fort Collins ao a whole; and WIEREPVS, the City has approval Lh6 suhdl v.Lsion plat (and site k.:!iere applicable) submitted by the Developer subject to c-ertain and conditions which involve the installation oll and construction of utilities and other municipal. :in'hrovearents in connccfion wi.h said lands. NOW, THEIR= -ORE, in consideration of the premises and the terns and conditions herein stated and for other valuable consideration, Uie adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Except as oLhe'iwise herein specifically agreed, the Developer agrees to install and pay for all utility lilies, storm drainage facilities, streets and other municipal facilities necessary Lo serve the lands within the subdivision. 2. Water Lines. a. Developer agrees to install all water lines as shoam on the atility plans in accordance wi n Lire rccluircmonts and as shown on said plans, whether such lines are actually on the property, bordering the crop rty or on other lands connecting the subject property to the existing City water dis s bution system. b. Such water lines shall be Astall,A in full compliance with the standard specifications of the City on file in he office of the City Engineer and applicable provisions of the City Code relhting to the installation of such lines. c. Developer understands and agc(,os I1iat. no building pernut for any structure in the subdivision shall be issuc�l b! the City until the water Ii.ne and the fire hydrant serving such structure is installed and acceptczi by the City. d. Any water lines described on Exhibit A, attarlied hereto, small ! installed within the tine, required on L�hiblt A. If the City Engineer dr'tc,h h that any lines shown on the utility plans :,re rcyuirrl to provide to other areas of the City, those lines shall. 1x ina;called within the thne deters, ? by the City Engineer. -2- e. All of said lines shall he installel nt the sole e;lxmse off the Developer. f. `[9ne installation of said line shall IDe inspected by the Lngineeriiig Services Departm n.t of the City and shall_ be subject: in such detvurLitknt's ap- proval. Develotx,r agrees to correct any deficiencies in such installation in order to n-cot the rcxduirements of the plans and the s,p-cificati.ons applicable to such installation. 3. Sanitary Sewc�` Collection Lines. a. The Developer agrees to install all sanitary sewer collccLion lines shown on the utility plans, whether the sanxa Ix, on or off the _ubject property. b. Such sanitary sewer lanes shall i�-- installcxl in Lull cor,;pliance with the standard specifications of the City on Lite in Che office of the City Engineer relating to the installation of such roes. c. Developer understands and agrees I]1at no buiidinq fxsmit shall be issued by the City for any structure in t,110 su;xiivision until_ the sanitary sewer line servinc such structure is installcri H)d 1cceptC�1 by the City. d. Any sanitary sewer lines descriiX l on Exhibit A, attacPi hereto, shall be installed, within the tuio rcrluircd on P. 1f the City Erigina determines that ai;y lines shown in the utility plcums tire rcduired to provi(i<• service to other areas of the City, those lines shall l),, within: the time determined by the City PJ1(3ineor. -3- e. All of said lines shall be installed at the sole e-x nse of the Developer. f. The installation of said lines shall be inspected by the Engineering Services 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. 4. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such work in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. '5. Storm Sewn Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b. Such storm sewer lines and facilities 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 lines. c. Developer agrees to complete the installation of detention ficil:i- ties prior to occupancy of any structure contributincl stormwater runoff to the detention facility. All of said lines and facilities shall be constructed in an orc'c--'- fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, critter, siclewallcs, and all adjacent properties. In -4- any event, all of said lines and faciIitshall bx coil pletcs %;thin twelve (12) months from the date of this agreenxent. d. All of said facilities sha3_1 Lx, Lnstallecl at the sole expense of Developer. e. The installation of al of such lines and facilities shall be inspected by the Engineering Services cx,partin nt of the City and shall be E,ub- ject to such department's approval. D^vclOpot- agrees to correct any deficiencies in such installation in order t.o meet the regidi enr�nts c f the plans and the specifications applicable to such uistalLaLion. 6. Streets. a. The Developer agrees to install all sLreets shown on the ull-iliLy plans, coirplete with paving, curb, gutter and ;idr%-iill ts. b. Such-Lroets shall be installcx5 in full compliance with Cho standard specifications of the City on file in the offi-c of the Ci_Ly Lngi_neer rclatinc, to the installation of such streets. c. No building jXMrit for the consCrrcti.on of any strucLure in the subdivision shall be i.s,,ucd by the City until the street providing to the structures is iiiprovcxl with at least the y,avcl base nvjuircrl. Purthernrr , no building permit shall I)e issueI by the City for any structure located i_i1 r of 660 feet from a single t)oint of access. d. Any streets described on Exhibit n, attache liereto, shall tx conypletely installed within the tint- rexlui_rcd on T;xl,ibit- A. If tl,c Cit;' El"'; i determines that any streets shown on the utili'_y plans are rr_xluired to urovid: access to other areas of the City, 'hose sire-c_!s ahall be instal.lal within t::r' tune required by t-Tie City Lnginecr. c. All of said streets shall be installer] at the sole expense of the Developer. IT. 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. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 7. Other Require--nts. None S. Miscellaneous. a. This agreement shall be binding ulxjn the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be conn(ruel as a waive' of any requirements in the City SubAvision Ordinance or any other provision of the City Code and the Developer agrees to comply with all rcxplircjly-nts of tl:'- THE CITY OP 1A)RV COLLINS, COi;_i RIllX� — -- - City angler' -- -6- ATPLS'r: City Clerk APPROVL'D: 1 � Dir,Clo"r. 6f L:ngineerin( Services a City ALtorney Iris IMIJBIT n 1.. Schedule of water .lines to Le installed out of sequence. Nonapplicable. 2. Schedule of sanitary sewer lines to be i.nstzl.lcd out of sequence. Nonapplicable. 3. Schedule of street improv(mYmts to bL installed out of sequence. Nonapplicable. shall not extend to employees of the owners or occupants of such lots. Each owner or occupant shall be responsible to providing space on his own lot or elsewhere for such employees. The grant of the foregoing easement right and privileges is not intended to nor shall it be construed as creating any rights to or for the benefit of the general public. IV. ACCESS AGREEMENT The owners acknowledge that certain of the lots are land locked in that such lots do not have direct access on or to a public dedicated street. The owners grant and convey to each other and to subsequent owners of said lots a limited mutual reciprocal and nonexclusive easement and accessway to and from the individual lots which accessways are shown on Exhibit "A" attached hereto. The grant of the accessway is not intended to nor shall it be construed as creating any rights to or for the benefit of the general public. Rather, the rights herein granted are for the owners, their employees, tenants, patients, customers and business invitees. V. MAINTENANCE Each owner shall be responsible for the maintenance and orderly appearance of his lot including parking and accessways thereon. Each owner covenants to keep his particular lot, parking and accessways in a safe and sound condition, clean and free of rubbish, debris, ice, snow and other hazards to the persons using the same. VL RULES AND REGULATIONS At this time there are no rules and regulations concerning the parking and access ways granted to the owners herein. The owners agree that upon agreement of not less than 75% of the lot owners of the Riverside Planned Unit Development, acting collectively, such rules and regulations concerning maintenance and use of the access ways and parking lots may be agreed to. Upon such agreement, such rules and regulations shall be binding upon all lot owners in the Riverside Commercial Planned Unit Development. Nothing in this section shall be construed as permitting 75% of the lot owners to change or otherwise alter the parking areas and accessways shown on Exhibit 11 A9 VIL TERM OF AGREEMENT This Agreement shall commence on the date it is recorded and the office of the Clerk and Recorder of Larimer County, Colorado and shall continue for a period of 25 years from the date of said recording. This Agreement shall be automatically renewed for an additional 25 years unless all of the owners of Riverside Commercial Planned Unit Development execute an instrument in writing agreeing to terminate this Agreement, in which event, this Agreement shall terminate upon the filing of such termination agreement with the Clerk and Recorder of Larimer County. -2- VUL BINDING EFFECT The agreements, covenants, easements, rights and privileges made, granted or assumed as stated in this Agreement shall be not only personally for the benefit of the other parties but shall be an equitable servitude on the designated parking areas and access ways designated on Exhibit "A". Such equitable servitude shall run with the land and shall inure for the benefit of all present and future owners of lots in the Riverside Commercial Planned Unit Development. Any future owner of a lot or a portion of a lot in the Riverside Commercial Planned Unit Development shall automatically be deemed by acceptance of a deed to said lot, to have assumed all obligations of this Agreement relating to such lot and agrees to execute any and all instruments and do any and all reasonable things required to carry out the intent of this Agreement. IX. NO DEDICATION Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the owner's lots of the Riverside Planned Unit Development to the general public for any purpose whatsoever. X.ENFORCEMENT In the event of a breach, or attempted or threatened breach, of any obligation of this Agreement, any one or more other owners of lots in the Riverside Commercial Planned Unit Development shall be entitled forthwith to full and adequate relief by injunction and such other available legal and equitable remedies from the consequences of such breach. Any deed, lease, assignment, conveyance, or contract made in violation of this Agreement shall be void and may be set aside upon the petition of one or more of the owners of lots in the Riverside Commercial Planned Unit Development. All costs and expenses of any such suit or proceeding shall be assessed against the defaulting party and shall constitute .a lien against the land, and improvements thereon, or the interest thereon wrongfully deeded, leased assigned, conveyed, or contracted for until paid, effective upon recording of a notice thereof in the office of the County Clerk and Recorder of Larimer County, Colorado, or in such other office as may from time to time by law be charged with maintaining the public records of Larimer County, Colorado. Such lien shall be subordinate to any first mortgage or deed of trust covering any lot in the Riverside Commercial Planned Unit Development, and any improvements thereon; and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of forclosure or trustee's sale) under any first mortgage or deed of trust shall take title free from any such lien, but otherwise subject to the provisions hereof. The remedies of any one or all such owners specified herein shall be cumulative as to each and as to all others permitted at law or in equity. No delay or omission of any party in the exercise of any right accruing upon any default of any other party shall impair such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by any party of a breach or a default of any of the terms and conditions of this Agreement by any other party shall not be construed to be a waiver of any subsequent breach or default of the same or any other provision of this Agreement. -3- The owners of lots in the Riverside Commercial planned Unit Development may, at any time, exclude and restrain any person from the use or occupancy thereof excepting persons entitled to use the same and use such areas in accordance with the rules and regulations established from time to time for such use as provided in this Agreement. If, in the opinion of any such owner, unathorized persons are using such areas, such owner may demand of the other owner, his tenants or occupants that they restrain the use of the designated parking area or accessway by such unauthorized person by appropriate proceeding. Nothing contained herein shall affect the right of any such owner to remove any unauthorized person. XL INTERPRETATION If any provision, or portion thereof, of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid, inoperative, or unenforceable, the remainder of this Agreement, or the application of such provision, or portion thereof, to any other persons or circumstances shall not be affected thereby; the remainder of this Agreement shall be given effect as if such invalid or inoperative portion had not been included; it shall not be deemed that any such invalid provisions affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement shall be construed in accordance with the laws of the State ofColorado. Nothing in this Agreement shall be construed to make the parties hereto partners or joint ventures or render any of said parties liable for the debts or obligations of the others. XIL EXECUTION IN COUNTERPARTS The owners agree that this Agreement may be executed in counterparts, that is, original signatures may be made on some but not all of the copies of this Agreement. If the copy of this Agreement placed of public record does not contain all of the required signatures, the parties agree that such recording shall be effective provided it is accompanied by an affidavit by one of the owners that all of the other owners have signed an original or a counterpart to this Agreement. -4- Lot 1 STATE OF COLORADO )ss COUNTY OF -I* ) E)Cu1��E The foregoing was acknowledged before me by _ in the County of is, State of Colorado this Notary Public L ,j C) eA-- Address My Coin m/' ission expires: —/.S' G� STATE OF COLORADO )ss COUNTY OFIRVnWXR) oiti' E2 p The foregoing was acknowledged before mc, by IC `v l/vim r in the County of Lsaim , State of Colorado this ay of �e J�� 1986. c�,CJ.�a�.£-h, My Commission expires:——�✓) A � f4 Notary P blic Address -5- BIO-MEDICAL APPLICATIONS OF FORT COLLINS, INC. Lot 3 E.M. Lowrie, Vice President STATE OF COLORADO )ss COUNTY OI' LARIMER ) The foregoing was acknowledged before me by E.M. Lowrie in the County of the day of September 1986. Middlesex,' Commonwealth of Masi sac-husetts on NotXry Public Address My Commission expire: STATE OF COLORADO )ss COU,ITY OF LARIMER, ) The by day, 8 My Commission expires: is 4 and 4a ots 4 and 4a Lots 4 and 4a _ Lots 4 an a J foregoing was acknowledged before me in the County of Larimer, State of Colorado this i_2___ AAt^ Coc3Tow �P� �• 'd5, 1089 -7- Notary Public 01 Address 6? Lot STATE OF COLORADO )ss COUNTY OF LARIMER ) The foregoing was acknowledged beforegle b, in the County of Larimer, State of Colorado this day of��� 1986. My Commission expires: My Commission Explras -IW of 5a STATE OF COLORADO )ss COUNTY OF LARIMER ) by ?�The foregoing was acknowledged before m / _ in the County of Larimer, State of Colorado this day of=�—� 1986. Pub 'cLze�I- -Notary�!� AA d�— My Commission expires: My Commission E:Kplres ?_t g_R7 Lot 5b STATE OF COLORADO )ss COUNTY OF LARIMER ) l The foregoing was acknowledged before me by m the County of Larimer, State of Colorado this b y� ] _i�il: ti -- day of 1986. Notary Public Add ess r My Commission expires:1 M