HomeMy WebLinkAboutRHODES - Filed OA-OTHER AGREEMENTS - 2004-02-04THIS AGRI?G;TI 1 N7is made and en Lered into this 21st day of
April _ �l.l). l9 75 , by and beCwucn TILL Cl'iY OP Fol'
COI,LL[IS, COLO]"AIM, ;I it], ill! ]pal cor poration, he reinaftcr someliur_ d signaLot!
:ua tiw "City", and City_ of Fort Collins Housing Authority bercinafter
dosil;na Lcd n C.Itc "Uu vclope r",
W[T''17SST:Tt1:
'flkj,[:AS, DCcvcloper is the owner of ccrtaln 1)1-1)"rt-p situate
Ill the COUaLV U1 Larlmer, StaCe of Colorado, known as Lots 12 thru 19, inclusive,
of Nho'!('-; Subdivision, more particularly described on tilesubiivisio❑ piae
on I i I p in Llir office of etlo City 'rgincer and by Cliffs releroace made a part
lu°rrof; and
Wli1: L: I.;AS, lh•veloper desires to develop 5a,id property as it
rosidenCiaL subdivision; and
u is b;AS, n utility piae for sztLd landL, has boon submitted to the
Citv wili(It is on file. in tlic office of the City t:up;incor and by this
ref erotic,- m:ide a pare hereof; and
l I.l,I:I;AS, the parti;s hereto have agreed Chat Lhe developnlonC of
Iid Itnld:; lJlli r,:,tui:-c increased municipal sorvicos from the City iu order
to soi_Vc such areu :uid 'd'iII LurChor rcquirc the installation of certain
nunw�cu nis ri-ndrriI'T of benefit to Clio lands to >c dcv:'loped aad ❑oC to
Lila City of Dorf Coil ins ;is a whole;
VOP, 7 �rPnP:i UhP:, inconsideration of the premises and the terms
and conditions; hcrvi_a stated and for other valuable consideration, the
❑degi;acy ols.,hich is ncknowledged by the parties hereto, it is a„tced as
follows:
L. P,<cept ns othurwke heroin specifically agreed, the Developer
nyrous to install NHA p:ro for all utility lines, storm drainage facilities,
stnui psi -hour nnlnisipal facilitLos necessary to serve the lands described
on tho Subdivision PIA, such lines, streets and icciliti_es including, but
no! Iim And to, Novo shown on the utility plan on file in the office of the
City Knq iuoer.
2. hater Lines.
a. Developer agrees to install all water lines as shown on
the utility plans in accordance with the requirumen Ls and as shown on sa ici
Plans, whoLhur smell lines are actually on ties property, bordoriug the property
or on uther Innds connucting the subject property to the existing City water
distribution system.
b. Such niter lines shall be installed in full compliance
with the sL:nsdard shwcMrations of the GAv on file in the office A Lhe City
Hn,!Huc r rN acing to the installation of such lines.
c. Developer agrees to complete the Ana Nation of soLd dines
no tutor Lunn the following schedule:
Pit Ai_n onr your of tac day and year of the date first
herrihnbovc written.
d. Developer understands and agrees that no building permit
for any strucrn ru in the subdivision shall be issued by f_he. City until the
Fire hydrant scrving such structure is installed and accepted by the City.
-2-
u. All of said lines shallbe installed at Lhu sole expense
of 1-he 1h•vul0P0r, excepC Chat Lhe City will participaLe in the following:
l.inP City QUiN ONtion
f. Thu installation of said lines shall he inspected Ly the
Community Dovelopincnt Dupartmeut of the City and shall be .subject to such
dop;m [Planl-'s nPProva'.. Developer agrees to correct any R.fi_cLencies in such
installation in order to meet the requLremcnts of the plans and the
spoc u_icnLions applioabte to such-tnstallat-ion, in the event such installation
is not completed and approved within We Lime set forth above, the City shall
haVu the rIMAL to cause such additional_ work to he done as it dooms necessary
to coiq)L�tc IAu installation in a satisfactory manner and the Developer stall
ho liablefor the costzs of such additional work.
1. SNO LNry Sewer Collection Lines.
a. Tile UcvoIoper agrees to install all slinILary sewer collection
tIN"o shown on POP utilIIy plans, whether the same be on or of the subject
property.
b. Such sanil_ary sower lines shalt be installed in full
com;Nance W LA the sLandard specifications of the City on file in the office
of rho City l;ng inun.r relating to the installation of such lines.
C. Developer agrees to complete the insL.iL=Ion of said lines
no INN or tbin tnr CoIIowing schedule:
Within one year of the day and year of the date first herei.nabove
wri ttcn.
d. Developer understands and agrees that no building permit
shall be issued by the. City for any structure in the suhAvi_sion until the
snnilrtr- sewer line serving; sucrl structure is installed and :.ccopted by the
City.
Al of saA hoes shill be instal.Ied at the sole expense
of the Developer, (Mapt Lhert the_ City will participate in the following:
Lido City Part icipn ion
Nape
f. Ile. .ins Lallation of said lines shall he inspected by the
Comriani l.y D.vol op.ceaL Department of the C1Cy and 'ubjecL to such departMUM' s
approval. !L,•MLoper NVrues to correct any deficiencies in such installation
in order to mecL the requiremen Ls of the plans and the vpecificatious
applic.:. W to such i. nrstallation. In the event such i_ns L.illution is not
oomph Led had trpproved within the Me set O r& above, the City shallhave
the right to cNaso such additional work to be done as it deems necessary to
compis(e the instal let ion in a satisfactory Mannar and the. Dcvclopor .shall. be
:liable for thecosts of such additional. work.
4. Electric Lines and Facilities. The City Light and Polder
Deportment shall. instntL all electric distribution lanes and facilities
required for We subject property and the Developer shall pay for such wort,
in WrOrdnuce with the cstabllshed charges of the. Light and Power Department.
Such Lunt& W ion shatI include all street lights required for the development.
5. Storm Scorer Lines and Facilities.
A. The heveloper shall
install all
storm sewer lines
and
fAc I1.it ies
Aliown on the utU iLy plans.
It 19 understood
that such
lines and
!aciliLies
Hula not reprrx�nt all of the
Developer's
obligations in
this regard
mud Nddit_ie,nnl
requirements may be made
by Lhe City
ut other stages
of the.
devclopmcnL.
h. Such storm seeder lines and facilities shall be installed
in lul l , oripljancc with the standard spec_ifUnions of the City ou file in
Cho office of the CM Engineer relating to the installation of such lines.
c. %vuloper agrees to complete the. installation of said
Lines and facilities no later Lhan the following schedule:
Dra Lange facilities shall be installed in An orderly
fashion during Lhce process of development, as so determined by the Cit}
P;n;lini Or, Lo pr_vcnL damn. ,c to other uti i hies, streets, curb and gutter,
siA"NIK, and Al Adjacent properties.
d. All of said iLines shall he :installed aC the soLo expense
oL the Duveloper.
U. The Lnstallatiou of all. such lines and facilities
shall by Kh pwulud 'hy the. Community Development DapartMunt of No City and
shall 'or subject to .such department's approval. Developer agrees to correct
any doficmna w, in such installation in order to Meet Lire requirements of
thn p5ns and t'ce specifications applicable to such installation. in the event
such I Man Mt is not completed and approved within LISP time set forth
above., the City shall. have Cite right to cause such additional wort: to be done as
it deems nccp5s;try to comp Io La the installation in a satisfactory manner and
L.hc= )evclopnr .stal.1 be liable for the cost of such additional work.
6. 5CretLe.
A. The Dcviloper agrees to install AL streets shown on the
utility plti,:, Mete With asphAL paviu , curb and quLtrr, and sicipwAks.
b. Such streets shalt be installed in full compliance with
thy• sl::.ndai d smac ii ica ti_nns of the City on file in the office of the City
Cn,;inrcr rr ail.itg, to the installet iou of such streets.
c.. 1JeveloI,et' agrees Lo complete the in:;la]larion of scree"
i iap rovcn,a n-:; no latter than tite foIlow .in; schedule:
w'iLIILit oucyear of Lhe day and year of Lhe date first
he ru i nabovu. wI- r I. Lcil.
buildin,, herniL for the. Colft r(LC Or of any structures
in 111c rukdjvisiou slialI be issued by the City until Lht- .tccess
I Llu. �;Lrjc Lnres is improved with a Least Llie gnivcl b_ise required.
The installation of all streets shall bo irispecLed by tlu:
Coimnaui.Ly Dc loom" itt Ocg,artmenL of tit^ City andect to .such dapartmone's
approval, I cIuoer ;Igrces to correcL at ty def in such insMilation
in urdrr Lo nipuL Ln: requirements of theplans and the specifications
a p;t L i cahlts to such ins Lul La ti on. III the eVeot the improvements are. not
t n.rp Lc L,,'l and ❑pprnved wiLhin the. time IicL forth .tbove, the Cite shall have
the Iy}ht Lo t;IW'o such ❑dditional work to bo hone as it deems ut-cessary Lo
contp1, ,, tho inr;L.tl Izition in a saLisfacLory manner and the lh'veloper L be'
ii.tbI for Lhe cosL of suckt addi.L.ional work, including all. uorinn.L charges
rondo by Lhe City for fin.ntcing, uu=;inccring, publication, 1c_,al. �tnd miscellaneous
on Ci Lv Special. Stree•1 improvement DisLricLs.
f. dLrect Lntprovemenis ;ha I1 uoL be LnSLaLIed until all
ul ty lines Lo bc• hlaced in the. strut have been compleLely installed a.nd
nl L srrvices tc individual 10Ls have bucn installed from maul uti1iey Lines to
thntperty liuc.
7, OLhC'r 1'egItLremcnLs.
7'h1 Dcacloper further cI;Cc- .,, Lhat lucre is a used for a
ter;po r:l ry cal-C.c-sac on Lhe ❑orLh end of Pocky Road, eIdjocrnL Lo the development,
nn�l that ::rIt; cut t-sac shall be provided with a minimum 35-root Lurni.ng radius,
:t 4-L1c11 y,L I l 'ouse and ?-inch asphalt maL. TPie cul.-de-sac shall besubject
io Cli'., r:r t:•qui rcr."�'Cs (or sLree Ls under par�thraph 6 of 1nt: ugrecn:cn L.
Nis agrrumunt shall be binding upon the part Los hereto, their
hcir5, prwon roprc:;Untativcs and ass:Lgns.
Lip WITAESS 6;H REO , the parties hereto have caused La,..,
a_rrrcii�oat Lo ho :b1pnad tho day and year first bereinabove writLen.
AT r k ST :
City Work
,API'RO iSU:
OF
1N. u�oruP'Sc it icca
C ILAtL��i'�
WE CITY OF FOE'! COIJ,LNS, COL,OILYDO
C: i tq PLiir_i,,,r
DPP, I "°rcr
ExecutiveDirector for the City of
Fort Collins Housing Authority
MEMORANDUM OF AGREEMENT
THIS AGREl 77T, made and entered into this 21st day
of —March -- —A , D. 19 66 �_, by and bewtween THE CITY OF FORT
COLLINS, a mu-cicipal =7i ra1:7en, hereinafter designated as first party,
and Ben D & Veda V Rhodes
Herc_nif'..;r (esU ;-ted ^s second party, WITNESSETH:
UiEES, .^ , ^:. par has h_,retofore submitted a subdivision
plat of the subdiv'_�ion to be known Rhodes Subdivision
P) - approval 1)y '_',e Ti n_icipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
S _ p'_,.t is �eptable to first party
and first party"•s Fiar_^ rg e:.d Zoning Bc rd, subject to construction of
utaliti^s 'n ,,o bo _ . _livided,
Naq, THER7FORE, ;-i c.nsidera+icn of the premises and the terms
of this rqr^c _t ;_ly agreed as follows:
1, P9.rst p-.rty a_ -roes that said subdivision plat shall be,
and the same is '.:^rE',y
2. cc c-.'c-_,';- .'i of the approval of said plat by first
party, a: 1 fir,; p . s Y r..,,:ing and Zoning Board, second party agrees
as £e7.lo:r
(A) To si^Mit to first party the following detailed
improvemcn:t pl r -`;`.'.e t,o the fist party:
(1) A h :;n of tlne proposed water distribution system
including t1cc ec''.r.; i 5n s to the points of connection to the
first party's distribution system and showing all valves
and fire hyd-�.r,';7,
(2) Plins ^rd profiles of the proposed sanitary sewer
system inciuc'_ng all me_^.: 1es and connections to the first party's
existing sanitary sewer system.
(") A pl,a of the proposed electrical distribution system
including co.,�c-tin;; li :es to the first party's existing electrical
di.�trib,ition F=t-1 _ ^1ud1.ng all street lights.
(':) P'_,, .s s.::d profiles of all street improvements.
P_," crd profiles of the proposed street drainage
system shot-dc _. cs: _ct ._s to the first party's storm sewer system
a d ir_cluc g a7.1 storm sewer inlets and manholes.
(6) Items A (1) to A (5) inclusive are to be financed by the
r-�rty of the second part, excepting only -tem (3) elcctrical distribution
5y7tcm, All material required for street lights are to be paid for by
tZ,e party of the second part to t:he Light & Power Department of the City.
In the; event the City of Fort Collins shall require larger
tatcr mains, sanitary sewer mains or storm sewer mains to be constructed
-oithin the subd.vi.sion than would be required by standard engineering
to serve the subdivirion, in order to properly extend these
ervi.ces to other areas, t',e City of Fort Collins will p.^.y a portion of
cost c£ such enlarged facili+;* b^sed on p.rera".o_n of t:.e cost of the
yc s_ _ cl facility as'y_. t__
"--n c t`.e su;-divider°s appr red play, Such proration. of costs between
City of 1'c Colli.ns and t'a s::bdivider shall be determined in advance
cP c-'.' tr.:et.i.on by the City Engineer and in the event of any dispute this
rratt^_ clLall be submi-ttd to the City Council for final determination.
IA 17T"'LSS &17ii' J23 £irsh party has caused these presents to
. .,_i;;ned by its Mayor and its corporate seal to be hers- hest
to by itc Cil.y C;erk, p;•rau-nt to motion of the Counnil of the City of
- Cc'_'=-s d;'ed the
day of
rl seco-nd party h-s hereto set his h,,t d and seal the day
_.^d y e.a.r st, her,:insbove written.
'P,:L CT"t Cis FORT COLLINS.
A Ymnic: ,, s.1 Corporation
Ey�Y
ro
er�
FirtP� ty
.__iEs is
APPRO'E6
7
(SEAL)
^1 t Enri 47- r Second Party