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HomeMy WebLinkAboutSTONEHENGE - Filed OA-OTHER AGREEMENTS - 2004-02-27TS -'.G E EiT, made and entered into this 22nd day A. D. 19 73 by and bei,tiucen THE CITY OF F03T COLiEjs; a murLcipal corporation, hereinafter designated as first party, and Hereiifter designated as second party, IT TDPr1SSETH: VTEIER�.S, second party has heretofore submitted a subdivision plat of the suodivision to be known as caR < rRaF,- �»r ; A :n• For approval by the Municipal Planning and Zoning Board and the City Council_ of the City of Fort Collins, and L-7HFRF."-35 said subdivision plat is acceptable to first party and first partyts Planning and Zoning Board, subject to construction of - utilities in the area to be subdivided, NO{;?, 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 subm_t to first party the follmAng detailed plans, accentabl e to the first n2s�y: (1) A plan of the proposed water distribution system including the connecting pipelines to the points of connection to the first partyts existing, tTater distribution system and showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first party existing sanit- y serer system. (3) A plan of the proposed electrical distribution system i.nAuding connectin-, lir.^s to the first partyts existing electrical distribution r 3te*i and includin- all sereet lights. Planc. and, profiles of all strep" (5) P lf_._o an. '.1r 0'il-`; Of tih^ ^r000s�d ., _L' dralna,e and includinIg all storm sewer inlets and manholes. If a storm sewer outfall meat district for the installation of such outfalI line upon request therefor I y first party and to sign any petition and perform any other act necessary to form such district. (bl Items A (1) to A (5) inciusi.ve 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 Y, 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 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 elated the' day of A.D., 19 and second party has hereto set his hand and seal the day and year first hereinabove written. ATTLST: City Clerk APPP.CI'lih City l:uguieer THE CITY OF FORT COLLINS A Municipal Corporation Mayor First Party RIP.0 CJEEL-;tVILUZE _ FARTLER AGREEhIE:NT THIS AGM"EMENT is made and entered into this 22nd day of March T,, A.D. 197C, by and between THE CITY OF FORT COLLINS, C"-LO._MDO, a munlcipal corporation, hereinafter sometimes designated a_i the "City", and INTERNATIONAL INVESTMENTS AND MPNAGEME2:T CORPOPA- TCON, hereinafter sometimes designated as "International", WITNESSETH: 'iEREAS, International has recently sold certain lands located within the City of Fort Collins, more particularly described on Exhibit "A" attached hereto and by this reference made a part here- of; WHEREAS, as a condition to allowing.the development of said lands, the City has requried that International participate in the cost of a storm sewer line which the City anticipates will be re- gl.aired to serve the lands being developed; and WHEREAS, such storm sewer line will also serve additional lands; and WHEREAS, the lands referenced in Exhibit "A" are approximately one-fourth (1/4) of the total lands to be served by such storm sewer. line; and WHEREAS, the City currently estimates that it will cost ap- proximately Thirty Five Thousand Dollars ($35,000.00) to install the necessary storm sewer line from the Northeast corner of the property described on Exhibit "A" to Spring Creek, which is the natural drainage channel for this area. 0 NOW THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. Concurrently with the execution of this agreement, International has delivered to the City a bond of. Eleven Thousand L.:'lars ($11,000.00), which amount represents approximately one-fourth (1/4) of the total anticipated expenditure of Thirty Five Thousand Dollars ($35,000.00) plus an additional twenty-five per cent (25%). 2. If the City determines that it is necessary to install the storm sewer line described above, it shall be International's responsibility to install said storm drainage for the lands described in Exhibit "A". Upon installation of such line to the satisfaction of the City, the City will refund to International the amount paid pursuant to paragraph 1, less any amounts expended from such sum by the City pursuant to this agreement. 3. At any time prior to a time when International installs the storm drainage line described above, the City may install such line or an alternate system (either temporary or permanent) to pro- vide storm dra-inage to the area in question and may use the funds deposited by International for the purpose of installing such line or facility. 7=n the event a permanent facility is installed by the City pursuant to. this provision, International understands and agrees that such installation will not excuse it from the responsibility of reimbursing the City for any additional costs paid out by the City in such installation. 4. International understands and agrees that the within agree- ment covers only the line described above from the northeast corner of the lands described on Exhibit "A" to the Spring Creek drainage - - 2 - channel. International further understands that the development of additional lands may require an additional collection line connecting to the line which is the subject of this agreement. 5. The parties acknowledge -that it is possible that storm drainage for the subject lands will be taken care of through a storm sewer district serving a much larger area which the City is presently planning. In the event this does materialize and these lands are served by a storm drainage system constructed as a part of a storm drainage district which results in assessments on the subject lands, then the amount paid pursuant to paragraph 1 of this agreement shall be refunded to International, less any amounts expended from said funds by the City pursuant to this agreement. Nothing herein contained shall require that the City include the subject lands within any such storm drainage district and International understands that there are no firm plans at this time to do so. 6. So long as the City holds any of the funds delivered to it pursuant to paragraph 1 of this agreement, such funds shall be con- sidered the funds of the City and any income from such funds shall remain the property of the City. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be signed the day and year first hereinabove written. THE CITY OF�p FORT COLLINS COLO-P-7M BY: City Manager ATTEST y i ,. y Clerk ATTEST: Secretafy INTERNA^tIONAL INVESTi„NTS AND iL�I%?CE2-' Lii CORP OP,I�I ON President I AM, DECLARATION THIS DECLARATION, made and entered into this day of February, 1976, by the undersigned; WITNESSETH: WHEREAS, the undersigned are all of the owners and security interest owners of the property described as "Spring Creek Village", County of Larime:r, State of Colorado; and WH;?REAS, the parties hereto wish to change the name of said subdivision; NOW, THEREFORE, it is agreed that commencing as of the date referenced above, the name of Spring Creek Village shall be changed to Stonehenge, First Filing. IN WITNESS WHEREOF, and that this agreement shall be binding upon the undersigned, their heirs, their personal representatives and assigns, the same has been made and entered into the day and year first above written. Robert. L. Clay --�--�------ ----=-----=---- Linda A. Clay, Husband & Wife MESS, LTD., a Limited Partnership l Y: B Reaa'L. Rosenthal, General Partner Reid L. Rosenthal, a single person HOME FEDERAL SAVINGS A14D LOAN FIRST NATIONAL BANK, FORT COT LINS, ASSOCIATION OF THE ROCKIES COLORADO B Richard L. Rule, Mortgage Loan Officer This dec'_arationhas been reviewed by the City Council for the City of Fort Collins and the change of the name of Spring Creek Village to Stonehenge, First Filing is hereby approved. DONE this _,L1 "--day of1.976. ATTEST: J' City Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this %day of \,, -,,„; 1976, by Reid L. Rosenthal, General Partner of MEES, LTD., a LimiteQ Partnership. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF LAF:IMER ) c� Subscribed and sworn to before me this r."� day of '\ „' 1 1976, by Reid L. Rosenthal, a single person. My commission expires: Notary P blic STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _�_� day of 1976, by Robert L. Clay and Linda A. Clay, husband and wife. My commission expires: Notary ublic STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 5th day'.--febrUary. 1976, by Richard L. Rule _ as Mortga_qe_Loan Offices a£ first ' National Banc of Fort Collins, Colorado. My commission expires: February 21, 1979 Notary P c Jane A. Davis STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 1976, by__ _--- as of Home Federal Savings and Loan Association of the Rockies. My.commissi.on expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 17th day of February 1976, by RnhF,rr ]3runYnn as City Manager,an8 Verna Lewis as City Clerk. .. -----My cfmm_ ssion expires: Notary Public