HomeMy WebLinkAboutWAGON WHEEL THIRD - Filed OA-OTHER AGREEMENTS - 2004-03-11AGREEMENT
THIS AGREEMENT is entered into this t3 4 day of J N
198 ►�,oby and between WILLIAM C. STOVER, 110 E. &A Street, Fort Collins,
Colorado (hereinafter referred to as "Stover"), MELODY HOMES, a Joint Venture,
11031 Sheridan Boulevard, Broomfield, Colorado (hereinafter referred to as
"Melody") and the CITY OF FORT COLLINS, a body politic, 300 La Porte Avenue,
Fort Collins, Colorado (hereinafter referrers to as "City").
WHEREAS, Melody is the owner and developer of a multi -family residential
development known and referred to as WAGON WHEEL FILING NO. 3 PUD, generally
situate at the southwest corner of the intersection of Casa Grande Boulevard
and South Shields Street in the city of Fort Collins, County of Larimer,
State of Colorado; and
WHEREAS, Stover is the owner of certain properties generally situate
southerly of and adjacent to the WAGON WHEEL FILING NO� 3 RID; and
WHEREAS, Stover desires to provide sanitary sewer service to said
properties by extension of the existing sanitary sewer line located within
the WAGON WHEEL FILING NO. 3 PUD; and
WHEREAS, in conjunction with the development of the WAGON WHEEL FILING NO. 3
PUD, Melody must install certain public improvements as shown on the approved
construction plans for said PUD currently on file in the office of the City
Engineer; and
WHEREAS, Stover desires to revise said construction plans to provide
sanitary sewer services to his property by addition of certain manholes
and pipes rot otherwise required; and
WHEREAS, Stover desires to construct certain porm (on. of Melody's
obligations as well as the additional manholes and pip05, prior to the
time when Melody would need them for its own use; del
WHEREAS, in consideration of such plan revision and sanitary sewer
construction, Stover agrees to incur certain obligationn, responsibilities
and costs related thereto.
NOW THEREFORE, in consideration of tho above revitals and the mutual
promises and covenants set forth, the parties agree as follows:
1. Melody expressly agrees to the redesign of the sanitary sewer line
within WAGON WHEEL FILING NO. 3 PUD as shown on Exhibit A, attached
hereto and incorporated herein by this reference.
2. Melody agrees to execute a deed dedicating and conveying an
easementfor that portion of the
sewer line not located within a public right-of-way. Said
easement may consist of an existing 8 foot wide easement which may
be expanded to 10 feet wide. Stover shall direct his Engineer to
prepare a legal description for any easements required by the City
as a condition of this proposal. Easements provided by Melody shall
be dedicated to the City.
3. Construction shall be in accordance with the City of Fort Collins
standard specifications and the attached Exhibit A. A]I construction
and work performed and materials used shall be warranted by Stover
in such fashion that Melody shall be held harmless by the City from
any and all claims, damages or rights of action a.ri.sing from the
construction work or acts related thereto.
4. Stover shall hold harmless Meloiy from any and all costs related to the
construction of the sanitary sewer and provide lien protection to
Melody in relation to the sewer construction work.
5• Melody shall provide all construction surveying for that portion of
the sanitary sewer located on its property at, the rate: of $50.00 per
hour for a 3-man crew Hilly equipped and $P5.00 per hour for a
Field Supervisor. In addition, if Stover desires, Melody will
provide surveying for that portion of the sewer line not located
on its property. Melody will reimburse Stover for his construction
costs of that portion of the sewer line from the existing manhole
up to but not including Manhole C (Melody obligation). Manhole C to
Manhole E will be installed totally at the expense of Stover.
Melody shall reimburse Stover's hard costs for Melody's share of
the installation (Melody obligation) as supported by actual invoices
and not to include interest, profit or overhead. Melody will
reimburse at such time as it would have installed said sewer line
for its own use.
6. During construction of that portion of the sanitary sewer line
located within WAGON WHEEL FILING NO. 3 YUD, Stover shall provide Melody
with copies of compaction tests certified to by a competent soils
engineer that compaction within those portions of the trench located
within a public right-of-way is a minimum 95% modified 'proctor. For
those portions of the trench not within a public right-of-way 90%
will be sufficient.
7. At completion of construction, the aa,ea affected shall be left in a
state equal to that existing prior to construction and all construction
debris removed from the site.
IN WITNESS Ti=OF, the parties have set, their hands and seals
the date and year first above written.
WILLIAM C . STONER
1
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CIT't OF 0 COLLUIS
BY • �/�
Tit C it 10 G.cj
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llppiod -- To�jeG�
Assistant Cay Attorney
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