The URL can be used to link to this page

Home My WebLink AboutGOLDEN MEADOWS THIRD - Filed OA-OTHER AGREEMENTS - 2003-11-14AGREEMENT THIS AGREEMENT is entered into this alday of \Nu . 1981, by and between MEDEMA HOMES, INC., a division of American Continental Corporation, an Ohio corporation (hereinafter referred to as "Medema"), and the CITY OF FORT COLLINS, a Colorado municipal corporation (hereinafter referred to as the "City"). WHEREAS, Medema is the owner and developer of a residential subdivision in the City known as Golden Meadows; and WHEREAS, the north boundary of Golden Meadows Filing No. 3 abuts and is adjacent to the Collindale Golf Course, a recreational facility owned and operated by the City, for a distance of approximately 1850 feet; and WHEREAS, Medema and the City have previously agreed that Medema would erect a combination five foot stockade fence and split rail fence along the boundary between Golden Meadows Filing No. 3 and the Collindale Golf Course; and WHEREAS, the City and Medema have agreed that it would be desirable and to the benefit of both parties to amend said agreement to provide for a split rail fence along the entirety of said boundary, together with the planting of trees along said boundary. NOW, THEREFORE, in consideration of the above recitals and in consideration of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. Medema shall install a two -pole split rail fence along the common boundary between Golden Meadows Filing No. 3 and the Collindale Golf Course. Said fence shall be approximately 1850 feet long and shall be installed at the sole cost and expense of Medema. 2. Medema shall be relieved of any and all obligations to install a five (5) foot stockade fence along said boundary and all prior agreements relating to the installation of such a fence are hereby rescinded by the parties. 2. 3. Upon receipt of an executed copy of this Agreement from the City, Medema shall pay the Parks and Recreation Department of the City the sum of Four Thousand Five Hundred Dollars ($4,500.00). Said payment represents the difference in cost between the combination stockade -split rail fence originally agreed to by the parties and the split rail fence to be installed hereunder. 4. The City and its Parks and Recreation Department shall utilize the entire $4,500.00 paid hereunder for the purchase of deciduous and evergreen trees to be installed along the boundary and in close proximity to said split rail fence. In other words, the City shall purchase trees at a cost of $4,500.00 to be installed at said location and none of said $4,500.00 shall be utilized for the cost of labor in planting, installing or maintaining said trees. 5. All deciduous trees purchased by the City shall be a minimum of 2 inch-2 1J2 inch caliper and all evergreens shall be a minimum of six (6) feet to seven (7) feet tall. 6. The City shall be solely and exclusively responsible for the planting, :installation, maintenance, and care of the trees purchased hereunder, and for the replacement of any dead trees. All such planting, installation, maintenance, care, and replacement work shall be performed by the City, at the City's cost and expense. The City shall be responsible for planting and installing all of the trees purchased hereunder at the specified location on or before June 1, 1981. 7. Any amendments to this Agreement shall be in writing, executed by both parties. MEDEMA HOMES, INC., a division mer' n C inental rporat' BY `. _ CITY Of FORT COLLINS V Director of Parks and Recreation City Manager Apprr�6ved A�-To. orra City Attorney conditions which inv..,ve the installation of and conb,ruction of utilities and other municipal improvements in connection with said lands. 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 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. Any water lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer, f. The installation of said line shall be inspected by the Public Works Department of the City and shall be subject to such department's ap- proval. 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. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject property- b. Such sanitary sewer lines 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 such lines. c. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the tip determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer. -3- f. The installation of said lines shall be inspected by the Public Works 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 specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power DeparbTent 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 established charges of the Light and Power Department. Such insta- lation shall include all street lights required for the development. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b. Such storm sewer lines and facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Encxineer relatina to the installation of slleh litw - No building permits in excess of 45 will be issued until the offsite detention facilities designed to accept storm water discharge from the subdivision are accepted by she City. c. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. d. All of said facilities shall be installed at the sole expense of Developer. e. The installation of all of such lines and facilities shall be inspected by the Public Works DeparbTent of the City and shall be subject -4- 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. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete with 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 such streets. c. 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. Furthenrore, no building permit shall be issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be completely installed with the time required on Exhibit A. If the City Engineer determines that any streets shown on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the time required by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer. f. 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. g. street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to -5- individual lots have en installed from main utilit ines to the property line. h. The Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public safety. 7. other Requirements. a. The City will not allow the installation of sanitary sewer lines within this subdivision until satisfactory arrangements have been made for the repayment of this development's pro rata share of the Warren Lake trunk sanitary sewer line to the City. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein 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. ATPEST: City Clerk / APPROVED: Director of Public_ Works. ss % City Attorney T(IE. to r� ,,(Corporate Seal) Developer TitleP EXHIBIT A 1. Schedule of water lines to be installed out of sequence. Not applicable 2. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable 3. Schedule of street improvements to be installed out of sequence. Not applicable