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HomeMy WebLinkAboutHOFFMAN SKYLINE MOBILE HOME PARK - Filed OA-OTHER AGREEMENTS - 2004-08-26ACPPPMFNT THIS AGREEMENT is made and entered into this 20th day of December , A.D. 1974 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Charles W. Hoffman the "Developer", WITNESSETH: hereinafter designated as WHEREAS, Developer is the owner of certain property situate in the County of Larimer, State of Colorado, more particularly described as: A tract of land situate in the Northeast 1/4 of Section 16, Township 7 North, Range 69 West of the 6 P.M., City of Fort Collins, County of Larimer, State of Colorado which considering the North line of the Northeast 1/4 of said Section 16 as bearing N 89' 35' 30" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the North line of the said Northeast 1/4 which bears N 890 3S' 30" W 551.00 feet from the Northeast corner of said Section 16 and run thence S 00' 25, W 248.00 feet; thence N 890 35' 30" W 104.00 feet; thence N 00° 25' E 248.00 feet; thence S 890 3S' 30" E 1.04.00 feet to the point of beginning containing 25,792 square feet more or less being subject to a road right-of-way for West Mulberry Street over the North 50.00 feet thereof and being further subject to a six foot utility easement as shown.on the Administrative Plat. WHEREAS, Developer desires to develop said property as a one -lot residential subdivision and has submitted to the City a utility plan for said land, a copy of which is attached hereto as Exhibit A and by this reference made a part hereof; and WHEREAS, 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. 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. Except as otherwise herein specifically agreed, the Developer agrees to install streets and other municipal facilities necessary to serve the lands described, streets and facilities including, but not limited to, those shown on the utility plan attached hereto as Exhibit A. 2. Streets. a. The Developer agrees to install all streets shown on the utility plan, 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 streets. c. Developer agrees to complete the installation of street improvements no later than the following schedule: All improvements to be completed by August 1, 1974. d. The installation of all streets shall be inspected by the Community Development Department of the City and 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 specificiations 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 right to cause such additional work to be done as it deems necessary to complete the installation in 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, engineering, publication, legal and miscellaneous on City Special Street Improvement District. -2- e. Street improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 3. Other Requirements. In the event that the Developer does not provide the necessary surety bond described under item number four (4) of this agreement within thirty (30) days of the day and year first hereinabove written, the Developer understands that the City shall have the authority to nullify any building permit issued for construction of structures upon said lands. 4. Performance and Payment Bond. To insure Developer's performance under this agreement, Developer has provided the City a satisfactory surety bond in the amount of $ 4,000 conditioned on Developer's full performance of its obligations hereunder and payment by the Developer of the cost of installing all improvement required to be paid for by the Developer. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City Clerk APPROVED: THE CITY OF FORT COLLINS, COLORADO l by City Manager Director of Community Development