HomeMy WebLinkAboutFORT RAM VILLAGE PUD SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-05RCPTN # 90018737 05/04/90 08:05:40 # PAGES - 5 FEE - $25.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
THIS AGREEMENT is made and entered into this 14 day of
OIH 1990, by and between THE CITY OF FORT COLLINS,
I-
COLORADOO, a municipal corporation ("City"), and RONALD D. GRAY and
CLAUDINE V. GRAY ("Developer").
W I T N E S S E T H
WHEREAS, on the 16th day of March, 1988, the Developer and the
City entered into a Development Agreement ("Development Agreement
No. 111) with respect to the development of the following described
property, to wit:
FORT RAM VILLAGE P.U.D., FIRST FILING, being a tract of
land located in the North Half (N/2) of Section 15,
Township 7 North, Range 69 West of the 6th P.M., City of
Fort Collins, County of Larimer, Colorado.
WHEREAS, on the 27th day of June, 1988, the Developer and the
City entered into a Development Agreement ("Development Agreement
No. 211) with respect to the development of the following described
property, to wit:
FORT RAM VILLAGE P.U.D., SECOND FILING, being a tract of
land located in the North half (N/2) of Section 15,
Township 7 North, Range 69 West of the 6th P.M., City of
Fort Collins, County of Larimer, Colorado.
WHEREAS, under the terms of Development Agreements No. 1 and
No. 2, it is provided that the Developer shall construct those
items set forth in Exhibit "A" attached hereto (hereinafter called
"Improvements").
WHEREAS, as of the date hereof, the Developer has completed
the portion of the Improvements which are described on Exhibit "B"
attached hereto (hereinafter called "Completed Improvements"); and
WHEREAS, the Completed Improvements have been accepted by the
City both as to design and construction.
WHEREAS, subsequent to the execution of the Development
Agreements, it has become apparent to both the City and the
Developer that the completion of all of the Improvements will
involve an effort of a more comprehensive nature than was
originally anticipated by the parties. Due to the broadened scope
of activities required to complete the Improvements, it is believed
by both the City and the Developer that the City should assume a
more active role in the supervision and completion of said project.
O1?Y OF FOP.T COLL�1 1S
T
NOW, THEREFORE, in consideration of the mutual promises of the
parties, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties agree as
follows:
1. The Developer hereby agrees to withdraw as the party
responsible for completion of the construction of the aforesaid
Improvements and hereby agrees to assign and delegate that right
and duty to the City. The City hereby accepts the assignment and
delegation of the right and responsibility of constructing the
Improvements.
2. The Developer shall be responsible for the completion of
the design of the improvements from the confluence of the Larimer
County No. 2 Canal and Spring Creek to Heatheridge Road; and shall
be reimbursed by the City pursuant to the provisions of Development
Agreements No. 1 and 2 and paragraph 4 hereof. All other necessary
design shall become the responsibility of the City.
3. The Developer shall be responsible for the revegetation
(grading and seeding) and maintenance of all grass areas as shown
on the site plan for the Fort Ram Village P.U.D. The Developer's
duty to maintain said grass areas shall terminate upon City
acceptance of said revegetation as being completed in accordance
with the site plan and the specifications of the City's "Storm
Drainage Design Criteria and Construction Standards." The
Developer shall be reimbursed for said revegetation and maintenance
in accordance with the provisions of Development Agreements No. 1
and No. 2 and paragraph 4 hereof. The installation of all other
landscaping ('trees and shrubs) as shown on the site plan shall be
the responsibility of the City.
4. The Developer agrees that the seven percent (7%)
construction management fee to which the Developer is entitled
under the Development Agreement shall be reduced to four percent
(4%) of the cost of the Improvements for all future construction
work.
5. The City hereby agrees that the Completed Improvements
have been approved and accepted by the City, both as to design and
construction.
6. The City hereby agrees to indemnify and hold the Developer
and their successors and assigns harmless by reason of any claim,
loss, damage or liability (including attorneys' fees and costs),
known or unknown, ascertained or unascertained, suffered by any
person or entity which arises from or out of the construction,
design, intended use, operation and/or maintenance of the
Improvements, and/or the continued construction and design of the
Improvements for whatever reason.
E
7. This Agreement shall run with the real property
hereinabove described and shall be binding upon the parties hereto,
their personal representatives, heirs, successors, grantees and
assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST:
City Clerk e�
AP
PR D AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
City Manager
DEVELOPER:
�U
Ronald D. Gray
Claudine V. Gray
EXHIBIT "A"
Description
Larimer No. 2 Canal Grading
4" PVC Subdrain
48" Inverted Siphon w/trash racks
Reg. Detention Pond Earthwork
Reg. Detention Pond Revegetation
New Mercer Canal Overchute
Spring Creek Check/Spill Structure
Spring Creek Floodway Structure
Canal Bk. & Plunge Pool Grad.
Larimer No. 2 Canal Riprap
Eliz. St. Canal Culvert Improvement
New Mercer Permit
4' Trickle Pan
4
Quantity Unit
1
LS
1615
LF
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
1
LS
460
LF
EXHIBIT "B"
Description
Larimer No. 2 Canal Grading
48" Inverted Siphon
Reg. Detention Pond Earthwork
Reg. Detention Pond Revegetation
New Mercer Canal Permit
4' Trickle Pan
Larimer No. 2 Canal Riprap
5
Quantity Unit
1
LS
99
LF
1
LS
1
LS
1
LS
460
LF
1
LS