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HomeMy WebLinkAboutNORTH LEMAY SECOND - Filed OA-OTHER AGREEMENTS - 2004-08-23MEMORANDUM OF ACREEMENT FNOw ALL MEN BY 'THESE PRESENTS: The City of Fort Collins, Colorado, makes the following ncIc( ments and representations, and in reliance thereon, the under- signed developers and equitable owners of the S. J. Webster property situate in the South 1/2 of the Northeast 1/4, Section 12, Town- ship 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, shall proceed to have said property annexed, rezoned and subdivided consistent with the following requirements within the City oC fort Collins, Colorado, to -wit: 1. Subdivision. The preliminary plat of the North r,e--iay Subdivision has been presented to the Planning and Zoning Board and has been approved by that Board subject to certain condi- tions which shall be satisfied by the performance or occurrence of matters hereinafter recited. The final plat for Lot 1 of said subdivision has also been presented and approved by the Planning and Zoning Board and has been approved by that Board subject to certain conditions which shall be satisfied by the performance or occurrence of matters hereinafter recited. Both plats are ready to be presented to the City Council for approval after supporting data has been assembled and agreements with respect thereto cP:<ccuted; particularly, a utility plan prepared by the developers' engineer and approved by the City Engineer's office showing the details on subdivision utility improvements to be installed in connection with the development of the land in conformance with the following acreements. Approval is anticipated to rezone the property as "IL- Limited Industrial District." 2. Streets. The perimeter streets around said sub- division are presently in existence but have not been improved to City specifications. The utility plans will show the details on installing these streets to meet City specifications which would include the installation of asphalt pavement, curb, gutter, side- walk and street lighting. On Lemay Avenue and East Linden Street, the Citv of Fort Collins would require the developers to install the street improvements on their half of the street after the prop- 9. This Agreement shall be binding upon the parties hereto, their representatives, successors and assigns. IN WITLESS WHEREOF, the parties have caused this Agreement to be signed the day and year first above written. ATTEST: City Clerk APAROVV Director off Development I ty 1 THE CITY OF FORT COLLINS, COLORADO City Manager I.OT. ASSOCTATF.S Estate of Williaiv H..Hansen, Deceased ay % Personal Re rese tative January 24, 1975 TO: Verna Lewis, City Clerk FROM: Don Parsons, City Engineer RE: North Lemay Subdivision 2nd Filing, Utility Agreement This memorandum is to inform the City Clerk's office that the exhibits referred to in the North Lemay Subdivision 2nd Filing Utility Agreement are approved as satisfactory and have been filed as follows: Exhibit A - The Subdivision Plat is filed under No. 763 in the office of the City Engineer. Gxhihit_ R - The development master plan is filed under No. 100-74 in the office of the City Planner. Exhibit C - The Subdivision Utility Plans are filed under No. C3-36 in the office of the City Engineer. Should you have questions or require additional information in this matter, please contact me. l Don Parsons City Engineer crty n�]jni_ni_ng thhea e :;t hai s been fnally platted and hpr as te op- erty is developed. The entirety of the street improvements need not be in place prior to the development on each lot, but street improvements shall be installed in an orderly manner and for such lot or tots a; the parties may mutually agree during the course of dcvclop]nont. Asphalt pavement requirements in excess of twenty -foot width to residential standards shall be paid for by the City. Lc,iay Court has not been established, but as lots adjacent thereto ire developed, street irnprove.:ients would be .installed by the developers at their sole cost. East Lincoln Avenue is adjoined on the north side of present (?evcl_opment by a natural slough. The parties are uncertain of the naiuwe of street improvements which may finally be determined as appropriate for this location. Consequently, the developers may be issued building permits after final platting and may proceed to the development of this property without the instal_lati.on of any street Lighting, sidewalks, curbs, gutters or street improvements al this time. At such time as the City of Fort Collins shall make appropriate engineering studies and conclude a policy determination as to the manner of street improvement for East Lincoln Avenue, and undcrtakc the installation of street improvements along East Lincoln Avenue, the developers of the property on behalf of themselves, the holders of legal title for said property, their personal repre- sentatives, 5.3ccessors and assigns, agree to pay that portion of the street improvements on their half of East Lincoln Avenue, which shall be equal to the sum of the cost of the following: street Lighting, sic(,%,,alks, curbs, gutters, a twenty -foot width of asphalt paving '% meeting residential standards, an- one-third of the cost f such remedial construction techniques as may cessary to fill or cover saki slough to accommodate the improved roadway, but not for extraordinary storm drainage purposes. The foregoing agreement of the developers with respect to their share of the street improvements shall be the personal covenants of the parties signatory hereto and shall constitute a covenant runnina with the land for the benefit of the Citv of Fort Collins, Colorado. -2- 3. dalcr Lines. The property shall be served by the City water uti]ity by extending and installing a water main along most Linden Street to the northwest boundary of the property at the sole cost of. the City done as a City system improvement. Further extension of the water main adjacent to and over the subject prop- crty shall be at the expense of the developers to the extent of the cost of installing the sire main necessary to serve the developers' property, and any oversizing or other special specifications for the use or benefit of the City shall be paid by the City to the extent of the excess cost. 4. Sewer. A City sanitary sewer main now runs through the property and shall be utilized to provide sanitary sewer service from the City utility to the property. This line is available for use by this property to the extent that the improvements placed upon the property can be served by this line as determined by engineering feasibility. Utility plans required under the provisions of para- graph 1. hereof shall show the interior sewer lines to be installed upon the property during the course of its development, the cost for which would be the sole responsibility of the developers. 5. Electrical Services. The developers shall be required to receive electrical service from the City electric utility, and the utility plan required pursuant to paragraph 1 of this Agreement shall show the necessary electrical installations to be installed on the site in accordance with the requirements of the City Light and Power Department. 6. Landscapina. Notwithstanding the absence of any requirement under the limited industrial zoning district of the City of Fort Collins, the developers nevertheless agree that their subdivision plat shall reserve a landscaping zone twenty feet in width alona Lemay Avenue from Fast Linden Street to East Lincoln Avenue. This zone shall adjoin that portion of the Lemay Avenue right-of-way. Both the landscaping zone and that portion of the Lemay Avenue right-of-way not covered with street improvements shall be used for landscaping purposes pursuant to landscaping recommenda- tions approved by the City Arborist. No improvements of a permanent nature shall be constructed within the landscapina zone excer- roadways or parkways for purposes of ingress or egress between the -3- platted lots and Lemay Avenue. Suitable protective covenants shall be adopted by the developers to require lot owners to install and maintain landscaping contained within the zone and right-of-way to which reference is hereinabove made. 7. Storm Drainage Requirements and Flood Plain Problems. The parties acknowledge that the property is located in the flood fringe of the Cache La Poudre River as determined by the Army Corps of Engineers. The City does not have any ordinance restricting or limiting building in the flood fringe, but it is contemplated that the City Council will adopt such an ordinance in the future. Until the final adoption of an ordinance, no limitation or requirement with respect to the location of the property will be required of the developers or owners so long as the other requirements of the City not herein excepted regarding the subdivision are met. Despite the absence of any express requirement regarding flood danger, the developers acknowledge that the property may be subject to flooding and any improvements constructed thereon will be constructed at the developers' or owners' risk and without the benefit of any flood insurance. If and when a flood plain ordinance is adopted by the City Council, the developers will be expected to comply with the requirements of said ordinance respecting any future development. No storm drainage study has been undertaken in connection with this property, and the engineers retained by the developers should investigate any storm drainage problems in connection with this property and provide in the utility plans adequate means of getting rid of any excess storm drainage waters. IN WITNESS WHEREOF, This Memorandum of Agreement has been executed this 6th day of June, 1974. Approved by developers and equitable owners of the subject property. CITY OF FORT COLLINS, COLORADO By: Q I City Manager -G- North Lemay Subdivision 2nd ACDT7T:MR :MT 'PHIS AGREEMENT is made and entered into this 24th day of January_ _ __, 1975, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and L9L ASSOCIATES, a general partnership with principal offices in Fort Collins, Colorado, hereinafter designated as the "Owner", WITNESSETH: WHEREAS, Owner is the owner of certain property situate in the County of Larimer, State of Colorado, more particularly described on Exhibit "A", attached hereto and by this reference made a part hereof; and WHEREAS, Owner desires to develop said property as an industrial subdivision known as North Lemay Subdivision and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is attached hereto as Exhibit "B" and by this reference made a part hereof; and WHEREAS, Owner has further submitted to the City a master utility plan for said lands, a copy of which is attached hereto as Exhibit "C" and by this reference made a part hereof; and WHEREAS, the parties previously entered into a Memorandum of Agreement respecting said lands on June 6, 1974, to which this Agreement is intended to be supplemental and not in replacement thereof; and R1iEREAS, 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 Council has approved the first filing of said subdivision, and the City's Planning and Zoning Board has approved the second filing; of said subdivision submitted by the Owner 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 approved the master plan for the North Lemay Subdivision, Second Filing, submitted by the Owner. 2. Except as otherwise agreed in the parties' Memorandum of Agreement of June 6, 1974, or otherwise herein specifically agreed, the Owner agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal facilities necessary to serve the lands described upon Exhibit "A", such lines, streets and facilities as shown on the master utility plan attached hereto as Exhibit "C". The Owner agrees that no more than one curb cut on North Lemay Avenue (which shall serve Lot 4 of the Second Filing of said Subdivision) shall be sought, and any curb cut serving Lot 3 on East Lincoln Avenue shall be as close to the West boundary of said lot as shall be practicable and consistent with its orderly development. -2- 3. Owner agrees to install and pay for water and sewer lines serving lots upon which valuable improvements are to be constructed prior to or contemporaneously with the issuance of a building permit for said lot or lots. The City agrees to pay for the cost of extending a twelve -inch water main to the boundary line of the property described upon Exhibit "A" at such time as this service shall be required by the Owner. The City agrees to contribute toward the cost of oversize water and sewer lines in accordance with its established policy adopted by the City Council relating to City participation in such oversize lines. Owner understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City, or equivalent fire protection measures are approved by the City. The installation of said water and sewer lines shall be inspected by the Community Development Department of the City and shall be subject to such Department's approval. Owner 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 additional work to be done as it deems necessary to complete the installation in a satisfactory manner, and the Owner shall be liable for the cost of such additional work. 4. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property, -3- and the Owner 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. S. The utility plan submitted by the Owner does not show storm water drainage facilities and the parties contemplate that the same will be needed but must be designed as the various lots in the subdivision are developed. It is agreed, therefore, that no building permit will be issued in connection with any lot until the Owner has submitted to the City Engineer a proposed plan for storm drainage, received approval of such plan, and by written agreement agreed to install the same at the cost of Owner. 6. The Owner agrees to construct street improvements on East Lincoln Avenue in the manner and upon the schedule recited in the parties' Memorandum of Agreement of June 6, 1974. The cul-de-sac street known as Logan Court shown on Exhibit "B" shall be constructed and installed with at least a hard, dust -free, gravel, all-weather surface prior to the issuance of a building permit for the con- struction of improvements upon any lot facing on said cul-de-sac. Before any Certificate of Occupancy is issued for improvements on any lot facing upon such cul-de-sac street, the same shall be inproved from North Lemay Avenue up to the lot in question with asphalt pavement, curb, gutter, sidewalk and street lighting. The Owner agrees to construct and install asphalt pavement, curb, gutter, sidewalk and street lighting on its half of North Lemay Avenue and East Cherry Street adjacent to those lots having direct access to those streets contemporaneously with the construction of valuable improvements thereon to be completed, inspected and accepted by the City prior to the issuance of a Certificate of Occupancy therefor; provided, however, prior to the issuance of a Certificate of Occupancy for the third lot facing upon East Cherry Street upon which valuable improvements have been constructed, all of the aforesaid street improvements for which the Owner is responsible on East Cherry Street shall be completely installed, inspected and accepted by the City of Fort Collins. Likewise, prior to the issuance of a Certifi- cate of Occupancy for the third lot facing upon North Lemay Avenue upon which valuable improvements have been constructed, all of the aforesaid street improvements for which the Owner is responsible on North Lemay Avenue shall be completely installed, inspected and accepted by the City of Fort Collins. 7. Installation of landscaping adjacent to lots for which a building permit has been issued shall be a condition precedent to the issuance of a Certificate of Occupancy, and said landscaping shall be installed in the manner provided under paragraph 6 of the parties' Memo- randum of Agreement of June 6, 1974. 8. Performance of the foregoing covenants shall be the personal obligation of the parties signatory hereto, and in default of performance, the City shall have a lien upon the property described in Exhibit "A" to indemnify the City for any cost or expense it may have in completing the improvements upon the property in the manner aforesaid. The Owner agrees to provide to the City evidence in writing from a national bank with principal offices in Fort Collins, Colorado, that financial resources may be made available to the Owner to perform its covenants contained in this Agreement. -5-