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HomeMy WebLinkAboutWHALERS COVE AT THE LANDINGS PUD - Filed OA-OTHER AGREEMENTS - 2004-03-15AGREEMENT THIS AGREEMENT, made and entered into this ,,//-,/fX day of tr:, A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and WOOD BROTHERS HOMES, INC., hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Lots 89, 90, 100, 101 and 102 of Whalers Cove at the Landing PUD, located in the southeast quarter of Section 36, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to change the approved Revised Utility Plan presently on file in the Office of the City Engineer and made a part hereof by this reference; and WHEREAS, the changes desired will be primarily of benefit to the lands being developed and not to the City of Fort Collins as a whole. NOW, THEREFORE, in consideration of the premises and covenants and promises of the parties as herein contained, it is agreed as follows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and/or relocate, at its sole expense, all utility lines and storm drainage facilites necessary to serve the above described property. 2. The Developer agrees to install all storm drainage piping and structures as shown on the Revised Utility Plan presently on file with the City, as said plan applies to the above described pro- perty. 3. This Agreement shall not be construed (and it is not intended by the parties to be construed) as constituting a waiver of the obligation of Osprey Homes, Inc., or its successors in interest, to construct all improvements as shown on the Revised Utility Plan, except to the extent that the Developer has assumed such obligation pursuant to this agreement as pertaining to the above described property, and Osprey Homes, Inc., or its successors, shall remain full obligated for the completion of the balance of all said improvements. 4. The Developer shall indemnify and hold the City harmless for any and all claims arising directly or indirectly, as a result of this Agreement. 5. This Agreement shall be binding upon the parties hereto, their successors, and assigns. 6. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. TH TY OF FORT COLLINS, COLORADO unj, ipyrl Corporation ATTEST: By.� ity Cler ,ty to1 Hager -2- APPROVED: erect of Pub i 4rs City Attorney ATTEST: WOOD BROTHERS HOMES, INC. ice Pr ides -3-