HomeMy WebLinkAboutHILL POND ON SPRING CREEK SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-26X RLini
AGR,U ENT
ThIS ACRlH;LNT is made and entered into this 22nd day of
guy A.J. 197 4 , by and 'between TOE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, oereinafter sometimes designated as
the "City", and hill Pond oevetopyc"t Corporation
hereinafter designated as toe "Developer",
WIMSSM:
WId1RGAS, Developer is the owner of certain property situate is toe
County of warimer, State of Colorado, more particularly described on Exhibit
A attached hereto and by this reference made a part hereof; and
WllliKA , Developer desires to develop said property as a residential
subdivision and has submitted to the City a proposed subdivision layout for
said lands, which plat is attacnod hereto as Ahibit 5 and by this reference
made a part hereof; and
WALK, developer has further submitted to the City a utility plan for
said subdivision, a copy of hajen is attached hereto as Exhibit C and Dy
this reference made a part hereof; and
WARMS, the parties hereto nave agreed that toe development of said
lands will require increased municipal services from the City in order to
servo such area and will further require the installation of certain
improvements primarily of Denefit to the lands to b� developed and not to
the City of Fort Collins as a woole; and
WMEAS, the City's planning and zoning board has approved the subuivision
plat submitted by too developer suuject to certain requirements and
AGREEMENT
THIS AGREEMENT is made and entered into this ast" day of
U U Sf , 1980, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter referred to as the
"City," and GANDALF PARTNERSHIP, a Colorado limited partnership,
hereinafter referred to as the "Owner."
W I T N E S S E T H:
WHEREAS, the Owner is the owner of certain property situate
in the City of Fort Collins known as Hill Pond on Spring Creek
which it intends to sell, in whole or part, for development as a
residential Planned United Development; and
WHEREAS, certain portions of said property are located
within the floodplain of Spring Creek and are therefore subject
to the restrictions and requirements of the City ordinance re-
lating to the development of flood hazard areas; and
WHEREAS, the City is presently preparing master plans of
storm drainage improvements in order to provide for proper and
safe controlled drainage of storm and surface waters across said
property and other portions of the City.
NOW, THEREFORE, it is agreed as follows:
1. The City will pursue the completion and adoption of the
master plans of storm drainage improvements which address the
drainage on the above -mentioned property in a timely manner.
2. The Owner recognizes the scope and requirements of the
Federal Insurance Administration flood insurance study and map
for that portion of Spring Creek within the Hill Pond development
area. The Owner agrees that it, or its transferees, are respon-
sible for the costs and expenses of floodplain improvements upon
this property required to channelize and confine the flood flows
specified by the flood insurance study, with the understanding
that the benefit of increasing the area of land available for
development through the construction of such improvements is a
benefit solely to the property and future development rather than
to the City at large.
The Owner understand and agrees that all floodplain improve-
ments must be reviewed and approved by both the City and the
Federal Insurance Administration prior to their construction.
3. It is understood and agreed by and between the Owner
and the City that the Spring Creek Drainageway Plan being prepared
for the City by Gingery Associates, Inc. and the Canal Importation
Study being prepared by Resource Consultant, Inc. shall be the
basis for the design of all drainageway improvements along Spring
Creek and within the proposed Hill Pond development. It is
further understood and agreed by and between the parties that it
will be required, for the complete development of this property,
to install and complete the necessary drainage improvements on
this property required by the Spring Creek Drainageway Plan and
the Canal Importation Study. At this time, the City has not
formally established a policy regarding participation in the
costs of drainage improvements required by these two drainage
master plans. It is agreed, however, that prior to requiring the
commencement of the installation of the improvements required by
the Spring Creek Plan or the Canal Importation Study, the City
shall determine, approve, and adopt a policy for allocating the
costs and expenses of such improvements based upon reasonable benefit
to the property and City from such improvements, and develop a
method and procedure by which the person or entity actually
making said floodplain improvements may obtain reimbursement if it
is determined that its costs and expenses are in excess of those
prescribed by the City policy of cost allocation.
4. It is agreed that detailed plans and construction
drawings of drainage improvements for this site shall be provided
in the development plans, plats, and filings for this property,
and that the germs and conditions of this agreement will be
incorporated into the subdivision agreements for the individual
filings and phases therein.
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5. This agreement shall be binding upon the parties hereto,
their heirs, personal representatives, assigns, and transferees.
6. Nothing herein contained shall be construed as a waiver
of any requirements in the City Subdivision Ordinance, Floodplain
Ordinance, or any other provision of the City Code, which must be
complied with in the future development of this property, subject
to the terms hereof and the subdivision improvement agreements
for each filing or phase within said property.
IN WITNESS WHEREOF, this agreement has been made and executed
as of the day and year first above written.
ATTEST:
City Clerk
THE CITY OF FORT COLLINS, COLORADO
i
BY
City Mjinager
GANDALF PARTNERSHIP, a Colorado
limited partnership
By'c.__- '✓ i. Y c t. L L t- C.�''C-f�
Stevan Van Lear
General Partner
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Brian M. Bergqui'st
General Partner
Q 0 9 9 PO 1 0 5 1 3 9 7 1 2% 1981 JA►' A14 10: 44
COuh rY OF LARIMER STATE OF COLORADO
LANDSCAPE COVENANTS I �'
Lots 1 through 21, Block 1, and Lots 1 through 21, Block 2, Hill Pond on
Spring Creek, Second Filing, a Single Family P.U.D., a Tract of land situate
in the Northwest Quarter, Section 23, Township 7 North, Range 69 West of the
6th P.M., Larimer County, Colorado.
GANDALF PARTNERSHIP, a Colorado limited partnership, being the fee owner
of the above -described real property located in the City of Fort Collins,
County of Latimer, State of Colorado, does hereby make the following declara-
tions as to limitations and restrictions on the above -described real property,
and hereby specifies that these declarations shall constitute covenants to run
with the above -described real property, provided by law, 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 above -described real
property, this declaration being signed and filed for the purpose of guaranteeing
that the above -described real property be landscaped and kept in a desirable
condition in the future as herein provided.
The landscape improvements as described in the landscape site plan sub-
mitted to the City of Fort Collins and on record therewith shall be made and
installed in the manner as described in said plan unless amended pursuant to
the approval of the City of Fort Collins. The Single Family P.U.D. has been
divided and platted into two separate blocks numbered Block 1 and Block 2, with
the following areas being set aside as common -open space areas for the entire
real property: (1) traffic island located adjacent to Lots 3 through 6, inclu-
sive, Block 1; (2) area located between Lots 12 and 13, Block 2, which leads
down to floodway plain, Tract "A." (Tract "A" final landscape plan to be sub-
mitted as part of final overall floodway improvements plan); and (3) 12 foot
gravel access road at the rear of Lots 1 through 8, inclusive, Block 1. These
common -open space areas will be owned and maintained by the Single Family P.U.D.
Homeowners Association, a Colorado non-profit corporation. In addition, land-
scape improvements shall be made to the rear of Lots 1 through 21, inclusive,
Block 1, by developer as described in said landscape site plan and shall be
owned and maintained by the individual property owners.
Upon beginning construction of any building in any Block of the Single
Family P.U.D., the developer or owner shall commence and complete the installa-
tion of the landscape improvements on said real property as specified in said
landscape plot plans, excepting, however, lands necessary for construction.
It is agreed that each parcel contiguous and appurtenant to the particular
Block in the Single Family P.U.D. being developed shall be suitably planted
with grass, trees and decorative shrubs, pursuant to the specifications of the
landscape site plan therefor, as soon as practical after the initial develop-
ment in said Block or Blocks.
It is further understood and agreed that the developer of said property,
the owner or their assigns or successors in interest shall be responsible for
the maintenance and care (including necessary replacement of dead trees and
shrubs) of all "planted and landscaped" areas within the Single Family P.U.D.
Should the developer or owner fail in any respect to comply with the terms of
this agreement, the City of Fort Collins shall have the right to enter upon said
property and perform the work necessary to replace or maintain said landscape
improvements upon notifying said developer or owner in writing of the matters
in regard to which default is asserted, and should developer or owner fail to
either cure said default within thirty (30) days after receipt of such notice
or to commence within twenty (20) days to rectify such default and continue
thereafter to use due diligence to rectify such default until it is fully
rectified or cured. The developer or current owner shall pay or cause to be
paid to the City of Fort Collins such reasonable sums necessary to reimburse
said City of Fort Collins for its actual expenses incurred for labor and
materials expended to complete or maintain said landscape improvements, which
payment shall be made within ten (10) days after receipt by developer or current
owner of the billing therefor.
8K2u99 PC 0 5 z
If said billing is not timely paid, then the City of Fort Collins, pur-
suant to authority granted by these covenants, shall have a lien on all property
and landscape improvements on the particular property in said Single Family P.U.D.
upon which said work was performed. Said lien is to be exercised by filing a
notice of said lien against said property and landscape improvements thereto,
provided, however, that the City of Fort Collins shall not have a lien against
any single family lots or improvements thereon within the Single Family P.U.D.
The City of Fort Collins shall be entitled to all rights of foreclosure
or other statutory remedies pursuant to Colorado Revised Statutes for enforce-
ment of liens against real property and may also, at its discretion, without
waiving any other rights it may have pursuant to statute, proceed directly with
legal action against the developer or current owner, their assigns or successors
in interest, to collect payment of the reasonable amounts so expended pursuant
to the terms hereof.
Dated at Fort Collins, Colorado, this 7th day of January, 1981.
By:
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this 7th day of January, 1981, by
Stevan H. Van Lear as General Partner for Gandalf Partnership.
;),-A,
'Notary Public
My commission expires: ,') (a 2/
f% -
Victoria, Ltd., developer, has agreed to make improvements and meet the
guidelines by Arthur Ditch Company in its development of a portion of Hill
Pond P.U.D. Arthur Ditch Company approves the conceptual plans as proposed
by the developer set forth below. It is expressly understood that this is a
preliminary approval, and Arthur Ditch Company reserves the right to make
changes as necessary to the final construction drawings.
1. Single Family Lots.
A. All landscaping planted on the ditch easement and/or ditch bank
shall be the sole responsibility of the homeowner, and Arthur Ditch Company
shall have no responsibility or liability for said landscaping (including any
landscaping that may be destroyed through Arthur Ditch Company's maintenance
of the ditch).
B. No these shall be planted by the developer or any subsequent
homeowner within 20 feet of the side of the ditch.
2. Flood Plain Improvements.
A. Notches shall be made on the main concrete structure (head wall)
per Arthur Ditch Company's specifications and shall provide Arthur Ditch Company
with proper water control. Said notches shall be at the present level or two
inches below the present level.
B. A cat walk, with railing, shall be installed by the developer on
the east side of the head wall and shall allow for proper flows of water over
the dam during times of flooding. The cat walk shall also allow the Arthur Ditch
Company's ditch rider accessability to the gates at all times.
C. Should it be necessary%for the developer to repair or replace the
Arthur Ditch Company's check to the south of these flood way improvements in
order to maintain the developer's water levels, developer shall do so at its
own expense.
Approved and dated this 15th day of December, 1980.
ARTHUR DITCH COMPANY
By ct L' _ `L--/4C y
VICTORIA, LTD. %
BY: t
A G R E E M E N T
jJouember
THIS AGREEMENT is made and entered into this Sti, day o Jamey, 1981 by
and between GANDALF PARTNERSHIP, a Colorado Limited Partnership, herein-
after referred to as "Applicant"; THE ARTHUR IRRIGATION COMPANY, a Colorado
mutual irrigation corporation, hereinafter referred to as "Ditch Company";
and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, herein-
after referred to as "City".
PROJECT
Spring Creek Floodway Improvements in the City of Fort Collins, County
of Larimer, State of Colorado, along the Arthur Ditch in the vicinity of
Spring Creek.
WITNESSETH:
WHEREAS, the Ditch Company is the owner of an irrigation ditch and the
right-of-way therefor through lands located near Spring Creek, in the City
of Fort Collins, County of Larimer, State of Colorado; and
WHEREAS, applicant desires to install a sluicegate on the Ditch
Company's ditch at the location described in Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, Exhibit "A" sets forth all of the plans and specifications,
and the terms of this agreement shall be in no way modified or changed
without the written consent of the parties hereto; and
WHEREAS, the Ditch Company is willing to grant to applicant the herein
stated right upon the terms and conditions hereinafter expressed.
NOW, THEREFORE, in consideration of the premises and the covenants and
promises of the parties as hereinafter set forth, it is agreed as follows:
1. The Ditch Company grants unto the Applicant the right to con-
struct, install and maintain a sluicegate as described in Exhibit "A", and
further grants unto the Applicant the right of ingress and egress to its
ditch and ditch right-of-way as shall be reasonable and necessary for the
exercise of the rights granted herein.
2. The Applicant will, upon the completion of the project, furnish to
the Ditch Company an "as built" exhibit showing the actual facility as con-
structed.
3. The construction herein contemplated shall be in strict accordance
with the final set of plans with modifications as set forth in the two
sheets of Exhibit "A". Any excavations or changes in the present ditch
shall be backfilled, compacted and stabilized to the entire satisfaction of
the Ditch Company. All compaction for dikes shall be done at ninety-five
(95%) percent standard Proctor density. The dikes shall be in conformance
with the plans for construction of the sluicegate. Said work shall be done
under the supervision of the superintendent or other designated agents of
the Ditch Company.
4. All construction shall be commenced and completed at times that
will in no way interfere with the operation of the ditch and the running of
water therein nor in such a manner as to interrupt or impede the flow of
water. All construction shall be completed before April 15, 1982.
5. Upon the completion of the project, the applicant shall promptly
notify the Ditch Company and the City, and the parties shall jointly
inspect the ditch at the place of construction. If there are any defi-
ciencies in the work of applicant or any necessary variations from the
plans, the applicant shall forthwith remedy the same or make the necessary
variations, and in so doing, the Applicant shall be required to meet all
reasonable requirements of the Ditch Company for the protection of its
S/
ditch and surrounding property as well as all reasonable requirements of
the City.
6. Upon the completion and approval of this project, the City agree
during hi
that it shall be responsible for the operation of the sluicegate/t1h rcw fYrer
water
times
so long as Ditch Company's ditch shall operate.
7. The project shall be without cost to the Ditch Company, and the
Applicant shall hereby indemnify and forever hold the Ditch Company harm-
less from liability for damages caused by the project.
8. The Ditch Company shall have full power to operate, maintain,
alter, enlarge or relocate its ditch as if this agreement had not been
made, and any expenses caused thereby to the Applicant shall not be charge-
able to the Ditch Company.
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9. In the event any of the parties hereto shall be in default in any
of their covenants herein so as to require the parties not in default to
retain counsel to attempt to enforce the covenants by negotiation or
otherwise, or to commence legal or equitable action against the defaulting
party, the defaulting party agrees to pay all reasonable expenses of said
litigation incurred by the enforcing parties, including but not limited to
docket fees, depositions and reasonable attorney's fees.
10. Applicant agrees to record this agreement or an executed copy
thereof, at its own expense, with the Clerk and Recorder of Larimer County,
Colorado and furnish evidence of such recording to the Ditch Company.
THIS AGREEMENT shall extend to and be binding upon the successors and
assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed the day and year first hereinabove written.
GANDALF PARTNERSHIP,
a Colorado Limited Partnership,
General Partner
(SEAL)
'> THE ARTHUR IRRIGATION COMPANY,
ATa Colorado mutual irrigation corporation,
C��L`F Ali c �ls By:
William C. Stoves, Secretary Calvin C. Johnson'; 'resident
(SEAL)
ATTEST:
Wanda Krajicek, City Clerk
THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation,
32
, City Manager
APPROVED AS TO FORM:
Assistant City Attorney
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STATE OF COLORADO
ss.
County of Larimer
The above and foregoing agreement was acknowledged before me this /6 �'
day of 1981, by �����,Zil. (/ �.1n„ as general
partner of GANDALF PARTNERSHIP, a Colorado do Limited Partnership.
Witness my hand and official seal.
My Commission Expires: 1�? ionr 20 1r/F� • ,'"'"
(SEAL)
J
STATE OF COLORADO )
) ss.
County of Larimer )
The above and foregoing agreement was acknowledged before me this
'y/-5e day of 0efefx, , 1981, by Calvin C. Johnson, as President, and
attested to by William C. Stover, as Secretary, of THE ARTHUR IRRIGATION
COMPANY, a Colorado mutual irrigation corporation.
Witness my hand and official seal.
,,i ry Commission Expires
(SEAL)
STATE OF COLORADO )
) ss.
County of Larimer )
JZ KY1 —
Notary Public
The above and foregoing agreement was acknowledged before me this
5 E1 day of November , 1981, by John E. Arnold, as City Manager, and
attested to by Wanda Krajicek, as City Clerk, of THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation.
Witness my hand and official seal.
My'Commission Expires: Rly Commissiwi crpir2s Aa usf 14, 1934
(.SEAL) '
Notary Public
�.`-.•-G ,,) /,r:..r.ti.Le. /liu � `f Y �he.('rr.� , [�.7
conditions which involve the installation of and construction of utilities
and other municipal improvements in connection with said lands.
ti0111, '1'liEREPORE, in consideration of the premises and the terms
and conditions herein stated and for other valuable consideration, tLe
adequacy of witich is acin owledged by the parties hereto, it is agreed as
follows:
1. Tac City, hereby approves the subdivision plat submitted by the
Developer.
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 necessary to serve the lands
described on Exhibit A, such lines, streets and facilities including, but
not limited to, tnose snown on the utility plan attached iiereio as
Lxitii,it C.
3. Hater Lines.
a. Developer agrees to install all water lines as shown on
Ex'nibit C in accordance with the requirements and as snown on said Exhibit,
wnether such lines are actually on tine property, bordering the property
or on other lands connecting the subject property to the existing City
water distribution system.
b. Such water lines small be installed in full compliance with
the standard specifications of the City on file in tiic office of the City
Engineer relating to the installation of such lines.
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C. Developer agrees to complete the installation of said
lines no later than the following schedule:
All water mains to be installed by December 31, 1974; an extension
of this time limit may be grantea oy the City upon evidence of material delivery
problems or unusual weather conditions.
d. Developer understands and agrees that no building permit for
any structure in toe subdivision shall be issued by the City until the fire
hydrant serving such structure is installed and accepted by the City.
c. All of said lines shall be installed at the sole expense of
the Developer, except that the City will participate in the following:
Line City Participation
1wne None
IT. Inc installation of said line shall be inspected by the
Community Development Department of the City and shall be subject to such
department's approval. Developer agrees to correct any deficiencies is such
installation in order to meet the requirements of the plans and the
specifications applicable to sucn installation. In the event suca installation
is not completed and approved within the time set forth above, the
City shhall nave the right to cause such additional work to be done as it
deems necessary to complete the installation in a satisfactory manner and
toe Developer shall be liable for the costs of such additional work.
4. Sanitary Sewer Collection Lines.
a. The Developer agrees to install all sanitary sewer collection
lines shown on Exhibit C, whether the same be on or off the subject property.
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D. Such sanitary sewer lines shall be installed in full
compliance with the standard specifications of the City on file in the office
of the City Lngir.cer relating to the installation of such lines.
c. Developer agrees to complete the installation of said
lines no later than the following schedule:
All sanitary sewer lines to be installed by December 31, 1974;.and
extension of this time limit may be granted by the City upon evidence of
material delivery problems or unusual weather conditions.
U. Developer understands and agrees that no 'building permit shall
be issued icy the City for any structure in the subdivision until the sanitary
sewer line serving such structure is installed and accepted by the City.
U. All of said lines shall be installed at the sole expense of the
Developer, except that the City will participate in the following:
Line
Citv Particioation
See attached schedule
f. Too installation of said lines shall be inspected by the
Community Development of the City and subject to such department's approval.
Developer agrees to correct any deficiencies in such installation in order
to moot 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 fortis above, the City shall nave the right to
cause sues additional worn to be done as it deems necessary to complete the
installation in a satisfactory manner and the Developer shall be liable for
the costs- of such additional work.
-4-
S. Electric Lines and Facilities. The City Light and Power
Department snail install all electric distribution lines and facilities
requirc6 for tine suuject property and the Developer shall pay for such
wore: in accordaoco with the established charges of the Light and Power
Department. Sucn installation shall include all street lignts required
for the development.
6. Storm Sewer Lines and Facilities.
a. The Developer shall install all storm sewer lines and
facilities shown on Lxhibit C. It is understood that such lines and
facilities may not represent all of the Developer's obligations in this
regard and additional requirements nay be made by the City at other stages
of the development.
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 Lagineer relating to the installation of such lines.
C. Developer agrees to complete the installation of said lines
and facilities no later loan the following schedule:
All storm sewer facilities to be installed by December 31, 1974;
an extension of tuis time limit may be granted by the City upon evidence of
material delivery problems or unusual weather conditions.
d. Ail of said lines shall be installed at the sole expense of
the Developer.
e. Toe installation of all of Sucn lines and facilities shall
be inspected by the Community Development Department of the City.
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and shall be subject to such department's approval. Developer agrees
to correct any deficiencies in such installation in order to meet toe
requirements of tic 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 small have the right
to cause such additional work to be done as it deems necessary to
complete too installation in a satisfactory manner and the Developer small
be liable for the cost of such additional work.
7. Streets.
a. 'Fite Developer agrees to install all streets shown on
exhibit C, complete with asphalt paving, curb, gutter and sidewalks.
b. Such streets 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 street
improvements no later than the following schedule.
1) Rivermeadows Dr. v Farmtree Rd. to consist of base
course on compacted subgrade prior to any building permits being issued (as
specified in subdivision regulations).
2) Rivermeadows Dr. and connection to Sheely Drive to be
fully improved, with curb, gutter, sidewalk and asphalt paving prior to the
occupancy of any of the first twenty-five; units.
3) Farmtree Rd. to be fully improved with curb, gutter and
asphalt paving prior to the occupancy of the 26th unit.
-6-
d. No building permit for the construction of any streets
in the subuivision small be issued by the City until the street providing
access to tue structures is improved with at least the gravel base required.
C. 'Iiie installation of all streets shall be inspected by the
Community Development Department of the City and subject to such
department's approval. Deveioper agrees to correct a;iy deficiencies in
such installation in order to meet the requirements of tue plans and the
specifications applicable to such installation. In the event the improvements
are not completed and approved within the time set forth above, the City
shall Have the rigat to cause sucii additional ;.'ork to be done as it
doems necessary to complete the installation is a satisfactory manner
and the Developer shall be liable for the cost of such additional work,
including all normal charges made by the City for financing, e�:gineeriug,
publication, legal and miscellaneous on City Special Street Improvement
Districts.
f. Street improvements shall not be installed until all utility
lilies to be placed in the street rave been completely installed and all
services to individual lots have been installed from main utility lines to
the property line.
g. In co;inection with the improvements to be made to streets, the
Developer shall install aau pay for any bridges over existing ditciies or
drainage channels. Such bridges s;iali be installed in accordance witu
the same scnedule as provided above for the particular street involved.
Tile detailed plans, specifications and profiles to be submitted by the
Developer small include the plans, specifications and profiles for any such
required bridges.
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s. Other Requirements.
a. Ao construction vehicles are to be permitted use of Siheely Drive
for access to the site at any time.
6. Developer agrees to dedicate an additional 20 feet of right-of-way
For Shields Street described on attached exhibit D. Developer understands
teat too City is now forming a sidewalk improvement district (No. 5) to
install sidewalks on Shields Street in the right-of-way to be dedicated.
Developer herchy waives any limitation on assessments for such improvements
contained in tie City`s ordinances and agrees that full assessment may be
made against bank of too developer for sucn improvements regardless of toe
value of suc2 lands. If such district is not formed, developer agrees to
install ARM, in accordance with the City's requiremcnts with such worn to
De completed Witl O 60 days after request for the same by the City.
C. Temporary cui-de-sac to be constructed at the end of Rivermeadows
Drive adjacent to lots 24, 25, 26 in accordance with the atili.ty plan.
J. Performance and Payment Bond. to insure oevcioper's performance
under this agreement, Developer nas provided the City a satisfactory surety
bond in the amount of (not required at tais time) conditioned on Developer's
full poriorraauce of its obligations hereunder and payment by the Developer of
the cost of installiag all improvements required to be paid for by the Developer.
This agreement shall be binding upon the parties hereto, their neirs,
personal representatives and assigns.
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11J WITNLSS WhLRPOP, the parties hereto have caused this agreement to be
signed the day and year first -liereinabovc written.
TIE CITY OF FORT COLLINS, COLORADO
ATTL.S T :
f by
City Mar agcr
APPROVLD:
Directoi of Comm" ity Development
Department ��
ty"Attor
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