HomeMy WebLinkAboutHILL POND ON SPRING CREEK - Filed OA-OTHER AGREEMENTS - 2011-12-09_ IV
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THIS AGREEMENT is made and entered into this CC
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-A"5t ._, 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 requiremenj-..! 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
F•.�ci.ied by the flood insurance study, with the understanding
that the bonefit of increasing the area of land available for
>pment through the construction of such improvements is a
venerit 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 terms 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,
tneir 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:
_ CIA
City Clerk
THE CITY OF FORT COLLINS, COLORADO
�_Maj�iager
GANDALF PARTNERSHIP, a Colorado
limited partnership
1
By��'GY,�.t. G'�.L
Stevan Van Lear �r
General Partner
Brian M. Bergqukst
General Partner
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