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HomeMy WebLinkAboutHILL POND ON SPRING CREEK SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-26X RLini AGR,U ENT ThIS ACRlH;LNT is made and entered into this 22nd day of guy A.J. 197 4 , by and 'between TOE CITY OF FORT COLLINS, COLORADO, a municipal corporation, oereinafter sometimes designated as the "City", and hill Pond oevetopyc"t Corporation hereinafter designated as toe "Developer", WIMSSM: WId1RGAS, Developer is the owner of certain property situate is toe County of warimer, State of Colorado, more particularly described on Exhibit A attached hereto and by this reference made a part hereof; and WllliKA , Developer desires to develop said property as a residential subdivision and has submitted to the City a proposed subdivision layout for said lands, which plat is attacnod hereto as Ahibit 5 and by this reference made a part hereof; and WALK, developer has further submitted to the City a utility plan for said subdivision, a copy of hajen is attached hereto as Exhibit C and Dy this reference made a part hereof; and WARMS, the parties hereto nave agreed that toe development of said lands will require increased municipal services from the City in order to servo such area and will further require the installation of certain improvements primarily of Denefit to the lands to b� developed and not to the City of Fort Collins as a woole; and WMEAS, the City's planning and zoning board has approved the subuivision plat submitted by too developer suuject to certain requirements and AGREEMENT THIS AGREEMENT is made and entered into this ast" day of U U Sf , 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 requirements 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 specified by the flood insurance study, with the understanding that the benefit of increasing the area of land available for development through the construction of such improvements is a benefit 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 germs and conditions of this agreement will be incorporated into the subdivision agreements for the individual filings and phases therein. -2- 5. This agreement shall be binding upon the parties hereto, their 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: City Clerk THE CITY OF FORT COLLINS, COLORADO i BY City Mjinager GANDALF PARTNERSHIP, a Colorado limited partnership By'c.__- '✓ i. Y c t. L L t- C.�''C-f� Stevan Van Lear General Partner -3- Brian M. Bergqui'st General Partner Q 0 9 9 PO 1 0 5 1 3 9 7 1 2% 1981 JA►' A14 10: 44 COuh rY OF LARIMER STATE OF COLORADO LANDSCAPE COVENANTS I �' Lots 1 through 21, Block 1, and Lots 1 through 21, Block 2, Hill Pond on Spring Creek, Second Filing, a Single Family P.U.D., a Tract of land situate in the Northwest Quarter, Section 23, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado. GANDALF PARTNERSHIP, a Colorado limited partnership, being the fee owner of the above -described real property located in the City of Fort Collins, County of Latimer, State of Colorado, does hereby make the following declara- tions as to limitations and restrictions on the above -described real property, and hereby specifies that these declarations shall constitute covenants to run with the above -described real property, provided by law, and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations on all future owners of all or part of the above -described real property, this declaration being signed and filed for the purpose of guaranteeing that the above -described real property be landscaped and kept in a desirable condition in the future as herein provided. The landscape improvements as described in the landscape site plan sub- mitted to the City of Fort Collins and on record therewith shall be made and installed in the manner as described in said plan unless amended pursuant to the approval of the City of Fort Collins. The Single Family P.U.D. has been divided and platted into two separate blocks numbered Block 1 and Block 2, with the following areas being set aside as common -open space areas for the entire real property: (1) traffic island located adjacent to Lots 3 through 6, inclu- sive, Block 1; (2) area located between Lots 12 and 13, Block 2, which leads down to floodway plain, Tract "A." (Tract "A" final landscape plan to be sub- mitted as part of final overall floodway improvements plan); and (3) 12 foot gravel access road at the rear of Lots 1 through 8, inclusive, Block 1. These common -open space areas will be owned and maintained by the Single Family P.U.D. Homeowners Association, a Colorado non-profit corporation. In addition, land- scape improvements shall be made to the rear of Lots 1 through 21, inclusive, Block 1, by developer as described in said landscape site plan and shall be owned and maintained by the individual property owners. Upon beginning construction of any building in any Block of the Single Family P.U.D., the developer or owner shall commence and complete the installa- tion of the landscape improvements on said real property as specified in said landscape plot plans, excepting, however, lands necessary for construction. It is agreed that each parcel contiguous and appurtenant to the particular Block in the Single Family P.U.D. being developed shall be suitably planted with grass, trees and decorative shrubs, pursuant to the specifications of the landscape site plan therefor, as soon as practical after the initial develop- ment in said Block or Blocks. It is further understood and agreed that the developer of said property, the owner or their assigns or successors in interest shall be responsible for the maintenance and care (including necessary replacement of dead trees and shrubs) of all "planted and landscaped" areas within the Single Family P.U.D. Should the developer or owner fail in any respect to comply with the terms of this agreement, the City of Fort Collins shall have the right to enter upon said property and perform the work necessary to replace or maintain said landscape improvements upon notifying said developer or owner in writing of the matters in regard to which default is asserted, and should developer or owner fail to either cure said default within thirty (30) days after receipt of such notice or to commence within twenty (20) days to rectify such default and continue thereafter to use due diligence to rectify such default until it is fully rectified or cured. The developer or current owner shall pay or cause to be paid to the City of Fort Collins such reasonable sums necessary to reimburse said City of Fort Collins for its actual expenses incurred for labor and materials expended to complete or maintain said landscape improvements, which payment shall be made within ten (10) days after receipt by developer or current owner of the billing therefor. 8K2u99 PC 0 5 z If said billing is not timely paid, then the City of Fort Collins, pur- suant to authority granted by these covenants, shall have a lien on all property and landscape improvements on the particular property in said Single Family P.U.D. upon which said work was performed. Said lien is to be exercised by filing a notice of said lien against said property and landscape improvements thereto, provided, however, that the City of Fort Collins shall not have a lien against any single family lots or improvements thereon within the Single Family P.U.D. The City of Fort Collins shall be entitled to all rights of foreclosure or other statutory remedies pursuant to Colorado Revised Statutes for enforce- ment of liens against real property and may also, at its discretion, without waiving any other rights it may have pursuant to statute, proceed directly with legal action against the developer or current owner, their assigns or successors in interest, to collect payment of the reasonable amounts so expended pursuant to the terms hereof. Dated at Fort Collins, Colorado, this 7th day of January, 1981. By: STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 7th day of January, 1981, by Stevan H. Van Lear as General Partner for Gandalf Partnership. ;),-A, 'Notary Public My commission expires: ,') (a 2/ f% - Victoria, Ltd., developer, has agreed to make improvements and meet the guidelines by Arthur Ditch Company in its development of a portion of Hill Pond P.U.D. Arthur Ditch Company approves the conceptual plans as proposed by the developer set forth below. It is expressly understood that this is a preliminary approval, and Arthur Ditch Company reserves the right to make changes as necessary to the final construction drawings. 1. Single Family Lots. A. All landscaping planted on the ditch easement and/or ditch bank shall be the sole responsibility of the homeowner, and Arthur Ditch Company shall have no responsibility or liability for said landscaping (including any landscaping that may be destroyed through Arthur Ditch Company's maintenance of the ditch). B. No these shall be planted by the developer or any subsequent homeowner within 20 feet of the side of the ditch. 2. Flood Plain Improvements. A. Notches shall be made on the main concrete structure (head wall) per Arthur Ditch Company's specifications and shall provide Arthur Ditch Company with proper water control. Said notches shall be at the present level or two inches below the present level. B. A cat walk, with railing, shall be installed by the developer on the east side of the head wall and shall allow for proper flows of water over the dam during times of flooding. The cat walk shall also allow the Arthur Ditch Company's ditch rider accessability to the gates at all times. C. Should it be necessary%for the developer to repair or replace the Arthur Ditch Company's check to the south of these flood way improvements in order to maintain the developer's water levels, developer shall do so at its own expense. Approved and dated this 15th day of December, 1980. ARTHUR DITCH COMPANY By ct L' _ `L--/4C y VICTORIA, LTD. % BY: t A G R E E M E N T jJouember THIS AGREEMENT is made and entered into this Sti, day o Jamey, 1981 by and between GANDALF PARTNERSHIP, a Colorado Limited Partnership, herein- after referred to as "Applicant"; THE ARTHUR IRRIGATION COMPANY, a Colorado mutual irrigation corporation, hereinafter referred to as "Ditch Company"; and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, herein- after referred to as "City". PROJECT Spring Creek Floodway Improvements in the City of Fort Collins, County of Larimer, State of Colorado, along the Arthur Ditch in the vicinity of Spring Creek. WITNESSETH: WHEREAS, the Ditch Company is the owner of an irrigation ditch and the right-of-way therefor through lands located near Spring Creek, in the City of Fort Collins, County of Larimer, State of Colorado; and WHEREAS, applicant desires to install a sluicegate on the Ditch Company's ditch at the location described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, Exhibit "A" sets forth all of the plans and specifications, and the terms of this agreement shall be in no way modified or changed without the written consent of the parties hereto; and WHEREAS, the Ditch Company is willing to grant to applicant the herein stated right upon the terms and conditions hereinafter expressed. NOW, THEREFORE, in consideration of the premises and the covenants and promises of the parties as hereinafter set forth, it is agreed as follows: 1. The Ditch Company grants unto the Applicant the right to con- struct, install and maintain a sluicegate as described in Exhibit "A", and further grants unto the Applicant the right of ingress and egress to its ditch and ditch right-of-way as shall be reasonable and necessary for the exercise of the rights granted herein. 2. The Applicant will, upon the completion of the project, furnish to the Ditch Company an "as built" exhibit showing the actual facility as con- structed. 3. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications as set forth in the two sheets of Exhibit "A". Any excavations or changes in the present ditch shall be backfilled, compacted and stabilized to the entire satisfaction of the Ditch Company. All compaction for dikes shall be done at ninety-five (95%) percent standard Proctor density. The dikes shall be in conformance with the plans for construction of the sluicegate. Said work shall be done under the supervision of the superintendent or other designated agents of the Ditch Company. 4. All construction shall be commenced and completed at times that will in no way interfere with the operation of the ditch and the running of water therein nor in such a manner as to interrupt or impede the flow of water. All construction shall be completed before April 15, 1982. 5. Upon the completion of the project, the applicant shall promptly notify the Ditch Company and the City, and the parties shall jointly inspect the ditch at the place of construction. If there are any defi- ciencies in the work of applicant or any necessary variations from the plans, the applicant shall forthwith remedy the same or make the necessary variations, and in so doing, the Applicant shall be required to meet all reasonable requirements of the Ditch Company for the protection of its S/ ditch and surrounding property as well as all reasonable requirements of the City. 6. Upon the completion and approval of this project, the City agree during hi that it shall be responsible for the operation of the sluicegate/t1h rcw fYrer water times so long as Ditch Company's ditch shall operate. 7. The project shall be without cost to the Ditch Company, and the Applicant shall hereby indemnify and forever hold the Ditch Company harm- less from liability for damages caused by the project. 8. The Ditch Company shall have full power to operate, maintain, alter, enlarge or relocate its ditch as if this agreement had not been made, and any expenses caused thereby to the Applicant shall not be charge- able to the Ditch Company. -2- 9. In the event any of the parties hereto shall be in default in any of their covenants herein so as to require the parties not in default to retain counsel to attempt to enforce the covenants by negotiation or otherwise, or to commence legal or equitable action against the defaulting party, the defaulting party agrees to pay all reasonable expenses of said litigation incurred by the enforcing parties, including but not limited to docket fees, depositions and reasonable attorney's fees. 10. Applicant agrees to record this agreement or an executed copy thereof, at its own expense, with the Clerk and Recorder of Larimer County, Colorado and furnish evidence of such recording to the Ditch Company. THIS AGREEMENT shall extend to and be binding upon the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove written. GANDALF PARTNERSHIP, a Colorado Limited Partnership, General Partner (SEAL) '> THE ARTHUR IRRIGATION COMPANY, ATa Colorado mutual irrigation corporation, C��L`F Ali c �ls By: William C. Stoves, Secretary Calvin C. Johnson'; 'resident (SEAL) ATTEST: Wanda Krajicek, City Clerk THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, 32 , City Manager APPROVED AS TO FORM: Assistant City Attorney -3- STATE OF COLORADO ss. County of Larimer The above and foregoing agreement was acknowledged before me this /6 �' day of 1981, by �����,Zil. (/ �.1n„ as general partner of GANDALF PARTNERSHIP, a Colorado do Limited Partnership. Witness my hand and official seal. My Commission Expires: 1�? ionr 20 1r/F� • ,'"'" (SEAL) J STATE OF COLORADO ) ) ss. County of Larimer ) The above and foregoing agreement was acknowledged before me this 'y/-5e day of 0efefx, , 1981, by Calvin C. Johnson, as President, and attested to by William C. Stover, as Secretary, of THE ARTHUR IRRIGATION COMPANY, a Colorado mutual irrigation corporation. Witness my hand and official seal. ,,i ry Commission Expires (SEAL) STATE OF COLORADO ) ) ss. County of Larimer ) JZ KY1 — Notary Public The above and foregoing agreement was acknowledged before me this 5 E1 day of November , 1981, by John E. Arnold, as City Manager, and attested to by Wanda Krajicek, as City Clerk, of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation. Witness my hand and official seal. My'Commission Expires: Rly Commissiwi crpir2s Aa usf 14, 1934 (.SEAL) ' Notary Public �.`-.•-G ,,) /,r:..r.ti.Le. /liu � `f Y �he.('rr.� , [�.7 conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. ti0111, '1'liEREPORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, tLe adequacy of witich is acin owledged by the parties hereto, it is agreed as follows: 1. Tac City, hereby approves the subdivision plat submitted by the Developer. 2. 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 described on Exhibit A, such lines, streets and facilities including, but not limited to, tnose snown on the utility plan attached iiereio as Lxitii,it C. 3. Hater Lines. a. Developer agrees to install all water lines as shown on Ex'nibit C in accordance with the requirements and as snown on said Exhibit, wnether such lines are actually on tine property, bordering the property or on other lands connecting the subject property to the existing City water distribution system. b. Such water lines small be installed in full compliance with the standard specifications of the City on file in tiic office of the City Engineer relating to the installation of such lines. -2- . Stt • I 1 M t P;Q r 1 ! r P •� 7 F _ LL6„777 1 1 , 1 I� I 1 I I 1 }I' 1 I l� i I I I � r o I 1 1 I •�Ia t` II II 11 i s, 'o '.I I 1 II I III I II Ij III 1 1 I�. •� ✓ 1 Ak ' 1 ii III '—�— i i i /i/ . I // � / ��i �%� •' -. f /i ice/ x I x _ I P� �yt k'� Al �•'•'14 8 � 41 ° ill I k11f I 6 ae. F t . It it `f6 •�T � 1 III I ' � � S 111 II IIII - % 1gqi1� ! j �. 1' � is S R•`e .. m lit b 3j p- ia. f I i. III III It II III R} In t, • gS p ' ct Y3?pza Rig 1 1 11!II II IIII ii it m P O a N as a_ae a;i '1 i �i 2$ �iii , ,,pAa�.. s.;i} 'I,0'aR i•: it 4¢2: . 6 - �i� (i. TS` ry - 36� fy5 ' 457 :,• eg -z'i o _ � lif � i L rE i7 VI f[[E t CF � S� •1 � _ G D LY IR ��t2z q ��l, _ C. Developer agrees to complete the installation of said lines no later than the following schedule: All water mains to be installed by December 31, 1974; an extension of this time limit may be grantea oy the City upon evidence of material delivery problems or unusual weather conditions. d. Developer understands and agrees that no building permit for any structure in toe subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. c. All of said lines shall be installed at the sole expense of the Developer, except that the City will participate in the following: Line City Participation 1wne None IT. Inc installation of said line shall be inspected by the Community Development Department of the City and shall be subject to such department's approval. Developer agrees to correct any deficiencies is such installation in order to meet the requirements of the plans and the specifications applicable to sucn installation. In the event suca installation is not completed and approved within the time set forth above, the City shhall nave the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and toe Developer shall be liable for the costs of such additional work. 4. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on Exhibit C, whether the same be on or off the subject property. -3- D. 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 Lngir.cer relating to the installation of such lines. c. Developer agrees to complete the installation of said lines no later than the following schedule: All sanitary sewer lines to be installed by December 31, 1974;.and extension of this time limit may be granted by the City upon evidence of material delivery problems or unusual weather conditions. U. Developer understands and agrees that no 'building permit shall be issued icy the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. U. All of said lines shall be installed at the sole expense of the Developer, except that the City will participate in the following: Line Citv Particioation See attached schedule f. Too installation of said lines shall be inspected by the Community Development of the City and subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to moot the requirements of the plans and the specifications applicable to such installation. In the event such installation is not completed and approved within the time set fortis above, the City shall nave the right to cause sues additional worn to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the costs- of such additional work. -4- S. Electric Lines and Facilities. The City Light and Power Department snail install all electric distribution lines and facilities requirc6 for tine suuject property and the Developer shall pay for such wore: in accordaoco with the established charges of the Light and Power Department. Sucn installation shall include all street lignts required for the development. 6. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on Lxhibit C. It is understood that such lines and facilities may not represent all of the Developer's obligations in this regard and additional requirements nay be made by the City at other stages of the development. 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 Lagineer relating to the installation of such lines. C. Developer agrees to complete the installation of said lines and facilities no later loan the following schedule: All storm sewer facilities to be installed by December 31, 1974; an extension of tuis time limit may be granted by the City upon evidence of material delivery problems or unusual weather conditions. d. Ail of said lines shall be installed at the sole expense of the Developer. e. Toe installation of all of Sucn lines and facilities shall be inspected by the Community Development Department of the City. -5- and shall be subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet toe requirements of tic plans and the specifications applicable to such installation. In the event such installation is not completed and approved within the time set forth above, the City small have the right to cause such additional work to be done as it deems necessary to complete too installation in a satisfactory manner and the Developer small be liable for the cost of such additional work. 7. Streets. a. 'Fite Developer agrees to install all streets shown on exhibit C, complete with asphalt 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 lines. C. Developer agrees to complete the installation of street improvements no later than the following schedule. 1) Rivermeadows Dr. v Farmtree Rd. to consist of base course on compacted subgrade prior to any building permits being issued (as specified in subdivision regulations). 2) Rivermeadows Dr. and connection to Sheely Drive to be fully improved, with curb, gutter, sidewalk and asphalt paving prior to the occupancy of any of the first twenty-five; units. 3) Farmtree Rd. to be fully improved with curb, gutter and asphalt paving prior to the occupancy of the 26th unit. -6- d. No building permit for the construction of any streets in the subuivision small be issued by the City until the street providing access to tue structures is improved with at least the gravel base required. C. 'Iiie installation of all streets shall be inspected by the Community Development Department of the City and subject to such department's approval. Deveioper agrees to correct a;iy deficiencies in such installation in order to meet the requirements of tue plans and the specifications applicable to such installation. In the event the improvements are not completed and approved within the time set forth above, the City shall Have the rigat to cause sucii additional ;.'ork to be done as it doems necessary to complete the installation is a satisfactory manner and the Developer shall be liable for the cost of such additional work, including all normal charges made by the City for financing, e�:gineeriug, publication, legal and miscellaneous on City Special Street Improvement Districts. f. Street improvements shall not be installed until all utility lilies to be placed in the street rave been completely installed and all services to individual lots have been installed from main utility lines to the property line. g. In co;inection with the improvements to be made to streets, the Developer shall install aau pay for any bridges over existing ditciies or drainage channels. Such bridges s;iali be installed in accordance witu the same scnedule as provided above for the particular street involved. Tile detailed plans, specifications and profiles to be submitted by the Developer small include the plans, specifications and profiles for any such required bridges. -7- s. Other Requirements. a. Ao construction vehicles are to be permitted use of Siheely Drive for access to the site at any time. 6. Developer agrees to dedicate an additional 20 feet of right-of-way For Shields Street described on attached exhibit D. Developer understands teat too City is now forming a sidewalk improvement district (No. 5) to install sidewalks on Shields Street in the right-of-way to be dedicated. Developer herchy waives any limitation on assessments for such improvements contained in tie City`s ordinances and agrees that full assessment may be made against bank of too developer for sucn improvements regardless of toe value of suc2 lands. If such district is not formed, developer agrees to install ARM, in accordance with the City's requiremcnts with such worn to De completed Witl O 60 days after request for the same by the City. C. Temporary cui-de-sac to be constructed at the end of Rivermeadows Drive adjacent to lots 24, 25, 26 in accordance with the atili.ty plan. J. Performance and Payment Bond. to insure oevcioper's performance under this agreement, Developer nas provided the City a satisfactory surety bond in the amount of (not required at tais time) conditioned on Developer's full poriorraauce of its obligations hereunder and payment by the Developer of the cost of installiag all improvements required to be paid for by the Developer. This agreement shall be binding upon the parties hereto, their neirs, personal representatives and assigns. -8- 11J WITNLSS WhLRPOP, the parties hereto have caused this agreement to be signed the day and year first -liereinabovc written. TIE CITY OF FORT COLLINS, COLORADO ATTL.S T : f by City Mar agcr APPROVLD: Directoi of Comm" ity Development Department �� ty"Attor -9-