HomeMy WebLinkAboutSCARPELLA - Filed OA-OTHER AGREEMENTS - 2004-02-10®CT 6 _ 1978ae
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AGREEMENT
THIS AGREEMENT dated this 14th day of September r
1978, by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corooration organized under and existing by virtue of
the laws of the State of Colorado, and MERLE ROLFS.
WITNESSETH:
WHEREAS, Merle Rolfs is the owner of that certain parcel of
property described as 2412 Evergreen, in the City of Fort Collins,
Colorado; and
WHEREAS, in a utility agreement dated September 6, 1977,
concerning the aforementioned property, it was agreed by and
between the City of Fort Collins, Colorado, and Frank Scarpella,
the subdivider of the abovementioned property, that a temporary
cul-de-sac would be developed and approved at the end of Evergreen,
all within the City of Fort Collins; and
WHEREAS, Merle Rolfs was unaware of the aforementioned utility
agreement and plans for the temporary cul-de-sac;
NOW, THEREFORE, in consideration of the covenants and
obligations herein expressed and in recognition of the equities
involved, it is agreed by and between the City of Fort Collins,
Colorado, and Merle Rolfs as follows:
1. That Mr. Merle Rolfs is hereby granted permission, approval
and license to construct the aforementioned cul-de-sac with gravel
as opposed to paving subject to the conditions herein expressed.
2. That it is an express condition of this grant of authority
and license that Merle Rolfs will voluntarily join in any improve-
ment district, the purpose of which is to pave the aforementioned
cul-de-sac, it being anticipated by and between the parties hereto
that said improvement district would be formed when the adjoining
parcels of land were developed.
3. It is specifically agreed by and between the parties
hereto that the gravel cul-de-sac authorized by this agreement is
of a temporary nature and not to be considered a permanent improvement
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or waiver of the requirements set forth in the aforementioned
utility agreement of September 6, 1977.
4. It is agreed by and between the parties hereto that the
covenants and obligations herein contained specifically run with
that certain property known as 2412 Evergreen, City of Fort Collins,
Colorado, and that it is binding upon and inures to the benefit
of Mr. Rolfs' successors or assigns in interest.
Dated this 14th day of September , A.D. 1978.
ATTEST:
a
Merle Rolfs
THE CITY OF FORT COLLINS, COLORADO
By
City Manager
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UPILITY AGREI'Ma T
THIS AGREEI%IEXp is made and entered into this _h2---- day of
A. D. 1977, by and between THE CITY OF I'ORT COLLINS, COLORADO, a municipal cor-
poration, hereinafter somethirs designated as the "City", and Frank A. Scaspella
hereinafter designated as the "Developer",
WITNESSEili:
WHEREAS, Developer is the owner of certain property situate in the County
of Larimer and State of Colorado and legally describers as follows:
SCARPELLA SUBDIVISION situate in the SE 1/4 of Section 16, T 7 N,
R 6 9 W of the sixth P.M-, City of Fort Collins.
wlU,REAS, Developer desires to develop said property as a residential sub-
division and has submitted to the City a subdivision plat (arid a site plan if
said property is to be (Jevciope d as a Planned Unit DeveloLx:xlnt) , a copy of which
is on file in the Office of the City Engineer and by this reference made a part
hereof; and
WHEREAS, Developer has further submitted to the City a utility plan for
said lands, a copy of which is on file in the Office of the City Engineer and
by this reference made a part hereof; and
WHEREAS, the parties hereto have agreed that the developTent 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 nr)rovuix,nts primarily
of benefit to the lands to be developed and not to the City of Fort. Collins as
a whole; and
WHEREAS, the City has approved the subdivision plat (and site plan whore
applicable) sukxmitted by the Developer 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, TtmREFORE, in consideration of the premises and the terms and conditions
herein stated and for otter valuable consideration, the adequacy of which is
acknowledged by the parties hereto, it is agreed as follows:
1. 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 within the subdivision.
2. Water Lines.
a. Developer agrees to install all water lines as shown on the utility
plans
in accordance with
the requirements
and as shown on said plans, whether
such
lines are actually on the property,
bordering the property or on other
lands connecting the subject property to the existing City water distribution
system.
b. Such water lines shall be installed in full compliance with the
standard specifications of the City on file in the office of the City Engineer
and applicable provisions of the City Code relating to the installation of such
lines.
c. Developer understands and agrees that no building permit for any
structure in the subdivision shall be issued by the City until the water line
and the fire hydrant serving such structure is installed and accepted by the
city.
d. All of said lines shall be installed at the sole expense of the
Developer.
e. The installation of said line shall be inspected by the Engineering
Services Department of the City and shall be 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.
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3. 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 estab-
lished charges of the Light and Power Department. Such installation shall include
all street lights required for the development.
4. Streets.
a. The Developer agrees to install street improvements on Lake Street
as shown on the utility plans, complete with paving, curb, gutter and sidewalks
prior to September 1, 1978.
b. Developer agrees to construct a temporary cul-de-sac on Evergreen
Drive as shown on the utility plans, prior to September 1, 1978. Developer
further agrees that at such time that the adjacent property to the west develops,
a permanent cul-de-sac, as shown on the utility plans for Evergreen Drive, shall
be installed. In the event the adjacent property does not develop prior to
September 1, 1987, the Developer's obligation for improvements of the permanent
cul-de-sac within the Scarpella Subdivision, shall be null and void at that time.
c. The City anticipates that Prospect Street adjacent to the subdivision
will be improved through a special improvement district. Developer hereby agrees
to participate in said improvement district in accordance with the provisions
as established by the City Council.
In the event a special improvement district for Prospect Street is
not initiated by September 1, 1982, Developer shall submit street improvement
plans to the City Engineer for his review and approval. Said plans shall be sub -
nutted prior to October 1, 1982. Furthenmre, constriction of Prospect Street
shall be completed by the Developer prior to January 1, 1983.
d. Such streets shall in installed in full compliance with the standard
specifications of the City on file in the office of the City Lngineer relating
to the installation of such streets.
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e. No building permit for the construction of any structure in the
subdivision shall be issued by the City until the street providing access to the
structures is improved with at least the gravel base required.
f. All of said streets shall be installed at the sole expense of the
Developer.
g, 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-
h. 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.
5. Miscellaneous.
a. This agreement shall be binding upon the parties hereto, their
heirs, personal :representatives and assigns.
b. Nothing hereii contained shall be construed as a waiver of any
requirements in the City Subdivision Ordinance or any other provision of the
City Code and the Developer agrees to comply with all requirements of the same.
THE CITY OF FORT COLLINS, COLORADO
By
ATTEST:
City Clerk
City Manager
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Developer `iitle
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