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HomeMy WebLinkAboutSCARPELLA - Filed OA-OTHER AGREEMENTS - 2004-02-10®CT 6 _ 1978ae 4 4� 371 AGREEMENT THIS AGREEMENT dated this 14th day of September r 1978, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corooration organized under and existing by virtue of the laws of the State of Colorado, and MERLE ROLFS. WITNESSETH: WHEREAS, Merle Rolfs is the owner of that certain parcel of property described as 2412 Evergreen, in the City of Fort Collins, Colorado; and WHEREAS, in a utility agreement dated September 6, 1977, concerning the aforementioned property, it was agreed by and between the City of Fort Collins, Colorado, and Frank Scarpella, the subdivider of the abovementioned property, that a temporary cul-de-sac would be developed and approved at the end of Evergreen, all within the City of Fort Collins; and WHEREAS, Merle Rolfs was unaware of the aforementioned utility agreement and plans for the temporary cul-de-sac; NOW, THEREFORE, in consideration of the covenants and obligations herein expressed and in recognition of the equities involved, it is agreed by and between the City of Fort Collins, Colorado, and Merle Rolfs as follows: 1. That Mr. Merle Rolfs is hereby granted permission, approval and license to construct the aforementioned cul-de-sac with gravel as opposed to paving subject to the conditions herein expressed. 2. That it is an express condition of this grant of authority and license that Merle Rolfs will voluntarily join in any improve- ment district, the purpose of which is to pave the aforementioned cul-de-sac, it being anticipated by and between the parties hereto that said improvement district would be formed when the adjoining parcels of land were developed. 3. It is specifically agreed by and between the parties hereto that the gravel cul-de-sac authorized by this agreement is of a temporary nature and not to be considered a permanent improvement u a 7 F rt 0 9 h or waiver of the requirements set forth in the aforementioned utility agreement of September 6, 1977. 4. It is agreed by and between the parties hereto that the covenants and obligations herein contained specifically run with that certain property known as 2412 Evergreen, City of Fort Collins, Colorado, and that it is binding upon and inures to the benefit of Mr. Rolfs' successors or assigns in interest. Dated this 14th day of September , A.D. 1978. ATTEST: a Merle Rolfs THE CITY OF FORT COLLINS, COLORADO By City Manager -2- UPILITY AGREI'Ma T THIS AGREEI%IEXp is made and entered into this _h2---- day of A. D. 1977, by and between THE CITY OF I'ORT COLLINS, COLORADO, a municipal cor- poration, hereinafter somethirs designated as the "City", and Frank A. Scaspella hereinafter designated as the "Developer", WITNESSEili: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally describers as follows: SCARPELLA SUBDIVISION situate in the SE 1/4 of Section 16, T 7 N, R 6 9 W of the sixth P.M-, City of Fort Collins. wlU,REAS, Developer desires to develop said property as a residential sub- division and has submitted to the City a subdivision plat (arid a site plan if said property is to be (Jevciope d as a Planned Unit DeveloLx:xlnt) , a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, the parties hereto have agreed that the developTent of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain nr)rovuix,nts primarily of benefit to the lands to be developed and not to the City of Fort. Collins as a whole; and WHEREAS, the City has approved the subdivision plat (and site plan whore applicable) sukxmitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, TtmREFORE, in consideration of the premises and the terms and conditions herein stated and for otter valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. 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 within the subdivision. 2. Water Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing City water distribution system. b. Such water lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer and applicable provisions of the City Code relating to the installation of such lines. c. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the city. d. All of said lines shall be installed at the sole expense of the Developer. e. The installation of said line shall be inspected by the Engineering Services Department of the City and shall be subject to such department's approval. Developer agrees,to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. -2- 3. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such work in accordance with the estab- lished charges of the Light and Power Department. Such installation shall include all street lights required for the development. 4. Streets. a. The Developer agrees to install street improvements on Lake Street as shown on the utility plans, complete with paving, curb, gutter and sidewalks prior to September 1, 1978. b. Developer agrees to construct a temporary cul-de-sac on Evergreen Drive as shown on the utility plans, prior to September 1, 1978. Developer further agrees that at such time that the adjacent property to the west develops, a permanent cul-de-sac, as shown on the utility plans for Evergreen Drive, shall be installed. In the event the adjacent property does not develop prior to September 1, 1987, the Developer's obligation for improvements of the permanent cul-de-sac within the Scarpella Subdivision, shall be null and void at that time. c. The City anticipates that Prospect Street adjacent to the subdivision will be improved through a special improvement district. Developer hereby agrees to participate in said improvement district in accordance with the provisions as established by the City Council. In the event a special improvement district for Prospect Street is not initiated by September 1, 1982, Developer shall submit street improvement plans to the City Engineer for his review and approval. Said plans shall be sub - nutted prior to October 1, 1982. Furthenmre, constriction of Prospect Street shall be completed by the Developer prior to January 1, 1983. d. Such streets shall in installed in full compliance with the standard specifications of the City on file in the office of the City Lngineer relating to the installation of such streets. -3- e. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. f. All of said streets shall be installed at the sole expense of the Developer. g, Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation- h. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 5. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal :representatives and assigns. b. Nothing hereii contained shall be construed as a waiver of any requirements in the City Subdivision Ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO By ATTEST: City Clerk City Manager x.'' /l jam- L�,t� ;�:l�:/s[ CiLG i�.-- •—' Developer `iitle -4-