HomeMy WebLinkAboutWHALERS COVE AT THE LANDINGS PUD - Filed OA-OTHER AGREEMENTS - 2004-03-15AGREEMENT
THIS AGREEMENT, made and entered into this ,,//-,/fX day of tr:,
A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and WOOD BROTHERS
HOMES, INC., hereinafter referred to as "the Developer,"
WITNESSETH:
WHEREAS, the Developer is the owner of certain property situate in the
County of Larimer, State of Colorado, and legally described as follows,
to -wit:
Lots 89, 90, 100, 101 and 102 of Whalers Cove at the
Landing PUD, located in the southeast quarter of
Section 36, Township 7 North, Range 69 West of the
Sixth Principal Meridian, City of Fort Collins, County
of Larimer, State of Colorado.
WHEREAS, the Developer desires to change the approved Revised Utility
Plan presently on file in the Office of the City Engineer and made a
part hereof by this reference; and
WHEREAS, the changes desired will be primarily of benefit to the lands
being developed and not to the City of Fort Collins as a whole.
NOW, THEREFORE, in consideration of the premises and covenants and
promises of the parties as herein contained, it is agreed as follows:
1. Except as otherwise herein specifically agreed, the Developer
agrees to install and/or relocate, at its sole expense, all
utility lines and storm drainage facilites necessary to serve the
above described property.
2. The Developer agrees to install all storm drainage piping and
structures as shown on the Revised Utility Plan presently on file
with the City, as said plan applies to the above described pro-
perty.
3. This Agreement shall not be construed (and it is not intended by
the parties to be construed) as constituting a waiver of the
obligation of Osprey Homes, Inc., or its successors in interest,
to construct all improvements as shown on the Revised Utility
Plan, except to the extent that the Developer has assumed such
obligation pursuant to this agreement as pertaining to the above
described property, and Osprey Homes, Inc., or its successors,
shall remain full obligated for the completion of the balance of
all said improvements.
4. The Developer shall indemnify and hold the City harmless for any
and all claims arising directly or indirectly, as a result of this
Agreement.
5. This Agreement shall be binding upon the parties hereto, their
successors, and assigns.
6. Nothing herein contained shall be construed as a waiver of any
requirements of the City Subdivision Ordinance or any other
provision of the City Code, and the Developer agrees to comply
with all requirements of the same.
TH TY OF FORT COLLINS, COLORADO
unj, ipyrl Corporation
ATTEST:
By.�
ity Cler
,ty to1 Hager
-2-
APPROVED:
erect of Pub i 4rs
City Attorney
ATTEST:
WOOD BROTHERS HOMES, INC.
ice Pr ides
-3-