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HomeMy WebLinkAboutRHODES - Filed OA-OTHER AGREEMENTS - 2004-02-04THIS AGRI?G;TI 1 N7is made and en Lered into this 21st day of April _ �l.l). l9 75 , by and beCwucn TILL Cl'iY OP Fol' COI,LL[IS, COLO]"AIM, ;I it], ill! ]pal cor poration, he reinaftcr someliur_ d signaLot! :ua tiw "City", and City_ of Fort Collins Housing Authority bercinafter dosil;na Lcd n C.Itc "Uu vclope r", W[T''17SST:Tt1: 'flkj,[:AS, DCcvcloper is the owner of ccrtaln 1)1-1)"rt-p situate Ill the COUaLV U1 Larlmer, StaCe of Colorado, known as Lots 12 thru 19, inclusive, of Nho'!('-; Subdivision, more particularly described on tilesubiivisio❑ piae on I i I p in Llir office of etlo City 'rgincer and by Cliffs releroace made a part lu°rrof; and Wli1: L: I.;AS, lh•veloper desires to develop 5a,id property as it rosidenCiaL subdivision; and u is b;AS, n utility piae for sztLd landL, has boon submitted to the Citv wili(It is on file. in tlic office of the City t:up;incor and by this ref erotic,- m:ide a pare hereof; and l I.l,I:I;AS, the parti;s hereto have agreed Chat Lhe developnlonC of Iid Itnld:; lJlli r,:,tui:-c increased municipal sorvicos from the City iu order to soi_Vc such areu :uid 'd'iII LurChor rcquirc the installation of certain nunw�cu nis ri-ndrriI'T of benefit to Clio lands to >c dcv:'loped aad ❑oC to Lila City of Dorf Coil ins ;is a whole; VOP, 7 �rPnP:i UhP:, inconsideration of the premises and the terms and conditions; hcrvi_a stated and for other valuable consideration, the ❑degi;acy ols.,hich is ncknowledged by the parties hereto, it is a„tced as follows: L. P,<cept ns othurwke heroin specifically agreed, the Developer nyrous to install NHA p:ro for all utility lines, storm drainage facilities, stnui psi -hour nnlnisipal facilitLos necessary to serve the lands described on tho Subdivision PIA, such lines, streets and icciliti_es including, but no! Iim And to, Novo shown on the utility plan on file in the office of the City Knq iuoer. 2. hater Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirumen Ls and as shown on sa ici Plans, whoLhur smell lines are actually on ties property, bordoriug the property or on uther Innds connucting the subject property to the existing City water distribution system. b. Such niter lines shall be installed in full compliance with the sL:nsdard shwcMrations of the GAv on file in the office A Lhe City Hn,!Huc r rN acing to the installation of such lines. c. Developer agrees to complete the Ana Nation of soLd dines no tutor Lunn the following schedule: Pit Ai_n onr your of tac day and year of the date first herrihnbovc written. d. Developer understands and agrees that no building permit for any strucrn ru in the subdivision shall be issued by f_he. City until the Fire hydrant scrving such structure is installed and accepted by the City. -2- u. All of said lines shallbe installed at Lhu sole expense of 1-he 1h•vul0P0r, excepC Chat Lhe City will participaLe in the following: l.inP City QUiN ONtion f. Thu installation of said lines shall he inspected Ly the Community Dovelopincnt Dupartmeut of the City and shall be .subject to such dop;m [Planl-'s nPProva'.. Developer agrees to correct any R.fi_cLencies in such installation in order to meet the requLremcnts of the plans and the spoc u_icnLions applioabte to such-tnstallat-ion, in the event such installation is not completed and approved within We Lime set forth above, the City shall haVu the rIMAL to cause such additional_ work to he done as it dooms necessary to coiq)L�tc IAu installation in a satisfactory manner and the Developer stall ho liablefor the costzs of such additional work. 1. SNO LNry Sewer Collection Lines. a. Tile UcvoIoper agrees to install all slinILary sewer collection tIN"o shown on POP utilIIy plans, whether the same be on or of the subject property. b. Such sanil_ary sower lines shalt be installed in full com;Nance W LA the sLandard specifications of the City on file in the office of rho City l;ng inun.r relating to the installation of such lines. C. Developer agrees to complete the insL.iL=Ion of said lines no INN or tbin tnr CoIIowing schedule: Within one year of the day and year of the date first herei.nabove wri ttcn. d. Developer understands and agrees that no building permit shall be issued by the. City for any structure in the suhAvi_sion until the snnilrtr- sewer line serving; sucrl structure is installed and :.ccopted by the City. Al of saA hoes shill be instal.Ied at the sole expense of the Developer, (Mapt Lhert the_ City will participate in the following: Lido City Part icipn ion Nape f. Ile. .ins Lallation of said lines shall he inspected by the Comriani l.y D.vol op.ceaL Department of the C1Cy and 'ubjecL to such departMUM' s approval. !L,•MLoper NVrues to correct any deficiencies in such installation in order to mecL the requiremen Ls of the plans and the vpecificatious applic.:. W to such i. nrstallation. In the event such i_ns L.illution is not oomph Led had trpproved within the Me set O r& above, the City shallhave the right to cNaso such additional work to be done as it deems necessary to compis(e the instal let ion in a satisfactory Mannar and the. Dcvclopor .shall. be :liable for thecosts of such additional. work. 4. Electric Lines and Facilities. The City Light and Polder Deportment shall. instntL all electric distribution lanes and facilities required for We subject property and the Developer shall pay for such wort, in WrOrdnuce with the cstabllshed charges of the. Light and Power Department. Such Lunt& W ion shatI include all street lights required for the development. 5. Storm Scorer Lines and Facilities. A. The heveloper shall install all storm sewer lines and fAc I1.it ies Aliown on the utU iLy plans. It 19 understood that such lines and !aciliLies Hula not reprrx�nt all of the Developer's obligations in this regard mud Nddit_ie,nnl requirements may be made by Lhe City ut other stages of the. devclopmcnL. h. Such storm seeder lines and facilities shall be installed in lul l , oripljancc with the standard spec_ifUnions of the City ou file in Cho office of the CM Engineer relating to the installation of such lines. c. %vuloper agrees to complete the. installation of said Lines and facilities no later Lhan the following schedule: Dra Lange facilities shall be installed in An orderly fashion during Lhce process of development, as so determined by the Cit} P;n;lini Or, Lo pr_vcnL damn. ,c to other uti i hies, streets, curb and gutter, siA"NIK, and Al Adjacent properties. d. All of said iLines shall he :installed aC the soLo expense oL the Duveloper. U. The Lnstallatiou of all. such lines and facilities shall by Kh pwulud 'hy the. Community Development DapartMunt of No City and shall 'or subject to .such department's approval. Developer agrees to correct any doficmna w, in such installation in order to Meet Lire requirements of thn p5ns and t'ce specifications applicable to such installation. in the event such I Man Mt is not completed and approved within LISP time set forth above., the City shall. have Cite right to cause such additional wort: to be done as it deems nccp5s;try to comp Io La the installation in a satisfactory manner and L.hc= )evclopnr .stal.1 be liable for the cost of such additional work. 6. 5CretLe. A. The Dcviloper agrees to install AL streets shown on the utility plti,:, Mete With asphAL paviu , curb and quLtrr, and sicipwAks. b. Such streets shalt be installed in full compliance with thy• sl::.ndai d smac ii ica ti_nns of the City on file in the office of the City Cn,;inrcr rr ail.itg, to the installet iou of such streets. c.. 1JeveloI,et' agrees Lo complete the in:;la]larion of scree" i iap rovcn,a n-:; no latter than tite foIlow .in; schedule: w'iLIILit oucyear of Lhe day and year of Lhe date first he ru i nabovu. wI- r I. Lcil. buildin,, herniL for the. Colft r(LC Or of any structures in 111c rukdjvisiou slialI be issued by the City until Lht- .tccess I Llu. �;Lrjc Lnres is improved with a Least Llie gnivcl b_ise required. The installation of all streets shall bo irispecLed by tlu: Coimnaui.Ly Dc loom" itt Ocg,artmenL of tit^ City andect to .such dapartmone's approval, I cIuoer ;Igrces to correcL at ty def in such insMilation in urdrr Lo nipuL Ln: requirements of theplans and the specifications a p;t L i cahlts to such ins Lul La ti on. III the eVeot the improvements are. not t n.rp Lc L,,'l and ❑pprnved wiLhin the. time IicL forth .tbove, the Cite shall have the Iy}ht Lo t;IW'o such ❑dditional work to bo hone as it deems ut-cessary Lo contp1, ,, tho inr;L.tl Izition in a saLisfacLory manner and the lh'veloper L be' ii.tbI for Lhe cosL of suckt addi.L.ional work, including all. uorinn.L charges rondo by Lhe City for fin.ntcing, uu=;inccring, publication, 1c_,al. �tnd miscellaneous on Ci Lv Special. Stree•1 improvement DisLricLs. f. dLrect Lntprovemenis ;ha I1 uoL be LnSLaLIed until all ul ty lines Lo bc• hlaced in the. strut have been compleLely installed a.nd nl L srrvices tc individual 10Ls have bucn installed from maul uti1iey Lines to thntperty liuc. 7, OLhC'r 1'egItLremcnLs. 7'h1 Dcacloper further cI;Cc- .,, Lhat lucre is a used for a ter;po r:l ry cal-C.c-sac on Lhe ❑orLh end of Pocky Road, eIdjocrnL Lo the development, nn�l that ::rIt; cut t-sac shall be provided with a minimum 35-root Lurni.ng radius, :t 4-L1c11 y,L I l 'ouse and ?-inch asphalt maL. TPie cul.-de-sac shall besubject io Cli'., r:r t:•qui rcr."�'Cs (or sLree Ls under par�thraph 6 of 1nt: ugrecn:cn L. Nis agrrumunt shall be binding upon the part Los hereto, their hcir5, prwon roprc:;Untativcs and ass:Lgns. Lip WITAESS 6;H REO , the parties hereto have caused La,.., a_rrrcii�oat Lo ho :b1pnad tho day and year first bereinabove writLen. AT r k ST : City Work ,API'RO iSU: OF 1N. u�oruP'Sc it icca C ILAtL��i'� WE CITY OF FOE'! COIJ,LNS, COL,OILYDO C: i tq PLiir_i,,,r DPP, I "°rcr ExecutiveDirector for the City of Fort Collins Housing Authority MEMORANDUM OF AGREEMENT THIS AGREl 77T, made and entered into this 21st day of —March -- —A , D. 19 66 �_, by and bewtween THE CITY OF FORT COLLINS, a mu-cicipal =7i ra1:7en, hereinafter designated as first party, and Ben D & Veda V Rhodes Herc_nif'..;r (esU ;-ted ^s second party, WITNESSETH: UiEES, .^ , ^:. par has h_,retofore submitted a subdivision plat of the subdiv'_�ion to be known Rhodes Subdivision P) - approval 1)y '_',e Ti n_icipal Planning and Zoning Board and the City Council of the City of Fort Collins, and S _ p'_,.t is �eptable to first party and first party"•s Fiar_^ rg e:.d Zoning Bc rd, subject to construction of utaliti^s 'n ,,o bo _ . _livided, Naq, THER7FORE, ;-i c.nsidera+icn of the premises and the terms of this rqr^c _t ;_ly agreed as follows: 1, P9.rst p-.rty a_ -roes that said subdivision plat shall be, and the same is '.:^rE',y 2. cc c-.'c-_,';- .'i of the approval of said plat by first party, a: 1 fir,; p . s Y r..,,:ing and Zoning Board, second party agrees as £e7.lo:r (A) To si^Mit to first party the following detailed improvemcn:t pl r -`;`.'.e t,o the fist party: (1) A h :;n of tlne proposed water distribution system including t1cc ec''.r.; i 5n s to the points of connection to the first party's distribution system and showing all valves and fire hyd-�.r,';7, (2) Plins ^rd profiles of the proposed sanitary sewer system inciuc'_ng all me_^.: 1es and connections to the first party's existing sanitary sewer system. (") A pl,a of the proposed electrical distribution system including co.,�c-tin;; li :es to the first party's existing electrical di.�trib,ition F=t-1 _ ^1ud1.ng all street lights. (':) P'_,, .s s.::d profiles of all street improvements. P_," crd profiles of the proposed street drainage system shot-dc _. cs: _ct ._s to the first party's storm sewer system a d ir_cluc g a7.1 storm sewer inlets and manholes. (6) Items A (1) to A (5) inclusive are to be financed by the r-�rty of the second part, excepting only -tem (3) elcctrical distribution 5y7tcm, All material required for street lights are to be paid for by tZ,e party of the second part to t:he Light & Power Department of the City. In the; event the City of Fort Collins shall require larger tatcr mains, sanitary sewer mains or storm sewer mains to be constructed -oithin the subd.vi.sion than would be required by standard engineering to serve the subdivirion, in order to properly extend these ervi.ces to other areas, t',e City of Fort Collins will p.^.y a portion of cost c£ such enlarged facili+;* b^sed on p.rera".o_n of t:.e cost of the yc s_ _ cl facility as'y_. t__ "--n c t`.e su;-divider°s appr red play, Such proration. of costs between City of 1'c Colli.ns and t'a s::bdivider shall be determined in advance cP c-'.' tr.:et.i.on by the City Engineer and in the event of any dispute this rratt^_ clLall be submi-ttd to the City Council for final determination. IA 17T"'LSS &17ii' J23 £irsh party has caused these presents to . .,_i;;ned by its Mayor and its corporate seal to be hers- hest to by itc Cil.y C;erk, p;•rau-nt to motion of the Counnil of the City of - Cc'_'=-s d;'ed the day of rl seco-nd party h-s hereto set his h,,t d and seal the day _.^d y e.a.r st, her,:insbove written. 'P,:L CT"t Cis FORT COLLINS. A Ymnic: ,, s.1 Corporation Ey�Y ro er� FirtP� ty .__iEs is APPRO'E6 7 (SEAL) ^1 t Enri 47- r Second Party