HomeMy WebLinkAboutPONDEROSA PARK PUD - Filed OA-OTHER AGREEMENTS - 2004-01-26PONDEROSA PARK P.U.D.
AGREEMENT FOR UTILITY SERVICE
THIS AGREEMENT, made this .T7rS day of , 1979,
by and between THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as "City", and PONDEROSA PARK
TRUST and MABEL F. BAETZ TRUST, hereinafter referred to as
"Ponderosa".
WITNESSETH:
1. Ponderosa is the owner and developer of Ponderosa Park
P.U.D., as described in the official plat thereof filed June 21,
1979, in Book 1961, at Page 926, of the Larimer County, Colorado,
records.
2. Ponderosa submitted to the City a water and sewer utility
plan showing water and sewer mains, proposed buildings and
proposed service lines which was approved by the City on June 5,
1979.
3. According to said plan, there shall be one master tap
utility service to both Lots 1 and 2, 15 and 16, 17 and 18, 19 and
20, 21 and 22, 23 and 24, 41 and 42, 43 and 44, and 45 and 46;
and one master tap utility service to each four Lots 3, 4, 5 and 6,
7, 8, 9 and 10, 11, 12, 13 and 14, 25, 26, 27 and 28, 29, 30,
31 and 32, 33, 34, 35 and 36, and 37, 38, 39 and 40.
4. Each individual unit receiving service from a common,
master water or sewer service will be billed a proportionate,
equal share of the entire utility bill for such service.
5. Ponderosa, its successors and assigns, is the entity
responsible for payment of the utility bill. Such entity shall
have the right and duty to levy assessments against any individual
unit that does not pay the portion of the utility bill attributable
to that unit. Failure to pay the entire bill for utility service
through such tap may result in service being discontinued to all
individual units.
6. Section 112-59 of the Code of the City of Fort Collins
provides for the filing of a lien in the event of non-payment
of utility bills. Such a lien shall be a lien against all units
receiving service under a master meter, regardless of whether
any particular unit shall have paid any portion of the bill for
utility service.
7. In the event the property subject to this Agreement is
sold, a homeowners association shall be formed and shall incorporate
the provisions of this agreement into its articles.
8. The terms of this Agreement shall be deemed to be a
covenant running with the land which may be enforced by the City
of Fort Collins as well as any other interested party and shall
be binding upon all parties and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed the day and year first hereinabove written.
AT /
City Clerk
.proved P. o� rm:
AS, r ACtori"ey
THE CITY OF FORT COLLINS, COLORADO,
PONDEROSA PARK TRUST and MABEL BAETZ
TRUST
By
W2LEi A! FOR P ASCD 7F.WF_LCP" NT OF POLDI P.OS11 PARK P.C.O.
This 1preement. rude this5rh day of .tune , 1979 by and between the
City of tort Collins, Colorado, hereinafter referred to as "City" and Ponderosa
Park Trust and "ahel F. Baet7 !rust, hereinafter referred to as "Ponderosa,
':111'iI['.SSFY:
heel to 1s
1. Ponderosa is the o-ner and developer of Ponderosa Park '.U.,.10
.
,!:ric'h L, thane fulIv descrihed on tW plat hereto attached as Cxhihit "A" and
by rr wren m incorporated herein.
W, Pondrrm d deslre> to develop and con`,truct the Ponderosa Park PY
in four sP. ,n or r:hases which are as f0lIOWn:
Prase to Commence
Plmse 1 : &0 clay; after Council
approval and recordinq
Ph-isr l I : Or or before , omelet.ion
of Phase 1
PO4P Ill: On or Were completion
of P'nr iI
Phase M On or heforc completion
of PWso 111
Phase to he Completed
2 vears after beainnino date
2 year; after heoinninp date
of- Phase. ii
2 vears after heoimhinn date
of Pha;e iTT
2 vears after henieninn date
of Phase 1!,
3. Tt. is Desirable that the entire Plat of Ponderosa park P.P.q. he
recorded and an"roved.
d. Uecause of the various ordinances of the City of Fort Collins,
Colorado and Ike present interpretation thereof placed on said ordinances by
various departrcnts and members of the staff of the Cite of Fort Collins, it is
nemn ndry to enter into an anremp9t to record the intent of the nartles hereto.
Agreement.
It is therefore agreed by and hetween the parties hereto as WHOM:
I. The City will hermit the entire Final Cevelopment Plan for Ponderosa
Par! P.P.I. hn(l idlno W final site plan, ldndscarrinn plan, utility plan and
nwhdivision plat, tooet pr pith the custoT ary and usual aareerrnts and docurients
Co be approved asd, :here anpronriate, recorded in i.he office of the Clerk and
"ecordrr of Lari ^er Cnurt;v, Colorado.
F�r93
2. Upon approval by the City of Fort Collins, Colorado, and, where
appropriate, recording of the necessary documents, Ponderosa may commence
construction of the Ponderosa Park P.U.D. in accordance with the phasing
schedule hereinafter described. Ponderosa shall be entitled to building
permits only for the construction of structures located within the current
phase of development.
3. The City agrees that for purposes of this development only, and
for the construction and development of Ponderosa Park P.U.D. that Ponderosa
shall be conclusively deemed to have acted upon the preliminary plan of
Ponderosa Park P.U.D. within 12 months following its approval if Ponderosa
substantially complies with the phasing schedule hereinafter described.
4. No building permits shall be issued for any particular phase
of the project until the necessary landscaping and bond requirements are
satisfied.
5. Nothing herein shall prohibit the City from imposing such develop-
ment requirements as are lawfully permitted by the ordinances of the City,
nor prohibiting Ponderosa from requesting such privileges as are granted by
the City of Fort Collins.
follows:
6. The phases or stages planned for the development shall be as
a) Each phase is designated by separate colors on Exhibit
"A" attached.
b) The time for construction for each phase is as follows:
Phase I to commence 60 days after Council approval and re-
cording and to be completed 2 years after beginning date;
Phase II to commence on or before completion of Phase I and
to be completed 2 years after beginning date of Phase II;
Phase III to commence on or before completion of Phase II
and to be completed 2 years after beginning date of Phase III;
Phase IV to commence on or before completion of Phase III and
to be completed 2 years after beginning date of Phase IV.
7. Each of the persons executing this agreement warrant that they
have the authority to execute this agreement and to bind the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals this 5th day of June , 1979.
Ponderosa Park Trust
City(of FbrA Coll
By:
Ci y Manager
-2- �s'
BK 19 6 1 Fc 0 9 3 1
STATE OF COLORADO )
) SS
COUNTY OF TAMER )
The foregoing instrument was acknowledged before me on ._ cLn C-
II-/ ll._- , 1979 by MABEL F. BAETZ and PAUL D.
BAETZ as Trustees for the Ponderosa Park Trust and Mabel F. Baetz Trust.
My commission expires,
Witness my hand and official seal.
Notary is
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me on June 5.
1979 by John E. Arnold as City Manager of the City .
of Fort Collins.
ty commission expires
�litness my hand and official seal.
i
Notary Pub is
3