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HomeMy WebLinkAboutHILL POND ON SPRING CREEK - Filed OA-OTHER AGREEMENTS - 2011-12-09_ IV %✓' Ar,Pr'PMV7k71n THIS AGREEMENT is made and entered into this CC �JL'k da.V Of -A"5t ._, 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 requiremenj-..! 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 ­F•.�ci.ied by the flood insurance study, with the understanding that the bonefit of increasing the area of land available for >pment through the construction of such improvements is a venerit 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 terms and conditions of this agreement will be incorporated into the subdivision agreements for the individual filings and phases therein. F-9 ` We 5. This agreement shall be binding upon the parties hereto, tneir 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: _ CIA City Clerk THE CITY OF FORT COLLINS, COLORADO �_Maj�iager GANDALF PARTNERSHIP, a Colorado limited partnership 1 By��'GY,�.t. G'�.L Stevan Van Lear �r General Partner Brian M. Bergqukst General Partner _Z_