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HomeMy WebLinkAboutEDORA ACRES PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31UTILITY AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO THIS DAY OF i, A. D. 1978, BY AND BETWEEN THE CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION, HEREINAFTER SOMETIMES DESIGNATED AS THE "CITY", AND F.C.L.A. PARTNERSHIP HEREINAFTER DESIGNATED AS THE "DEVELOPER", WITNESSETH: WHEREAS, DEVELOPER IS THE OWNER OF CERTAIN PROPERTY SITUATE IN THE COUNTY OF' LARIMER AND STATE OF COLORADO AND LEGALLY DESCRIBED AS FOLLOWS: EDORA ACRES PLANNED UNIT DEVELOPMENT BEING A REPLAT OF TRACT C, BLOCK 2 OF EDORA ACRES FIRST FILING LOCATED IN THE NW'-,, SEC 19, T.7N, R 68 W OF 6TH P.M., LARIMER COUNTY, FORT COLLINS, COLORADO WHEREAS, DEVELOPER DESIRES TO DEVELOP SAID PROPERTY AS A RESIDEN- TIAL SUBDIVISION AND HAS SUBMITTED TO THE CITY A SUBDIVISION PLAT (AND A SITE PLAN IF SAID PROPERTY IS TO BE DEVELOPED AS A PLANNED UNIT DEVELOPMENT), 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 DEVELOPMENT 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 IMPROVEMENTS 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 -1- WHERE APPLICABLE) SUBMITTED BY THE DEVELOPER SUBJECT TO CERTAIN RE- QUIREMENTS AND CONDITIONS WHICH INVOLVE THE INSTALLATION OF AND CON= STRUCTION OF UTILITIES AND OTHER MUNICIPAL IMPROVEMENTS IN CONNECTION WITH SAID LANDS. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS AND CONDITIONS HEREIN STATED AND FOR OTHER 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 FACILI- TIES, 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 CONNECTION 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 HYDRANTS SERVING SUCH STRUCTURE ARE -INSTALLED AND ACCEPTED BY THE CITY. -2- D. ANY WATER LINES DESCRIBED ON EXHIBIT A, ATTACHED HERETO, SHALL BE INSTALLED WITHIN THE TIME REQUIRED ON EXHIBIT A. IF THE CITY ENGINEER DETERMINES THAT ANY LINES SHOWN ON THE UTILITY PLANS ARE RE- QUIRED TO PROVIDE SERVICE TO OTHER AREAS OF THE CITY, THOSE LINES SHALL BE INSTALLED WITHIN THE TIME DETERMINED BY THE CITY ENGINEER. E. ALL OF SAID LINES SHALL BE INSTALLED AT THE SOLE EXPENSE OF THE DEVELOPER. F. 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. 3. SANITARY SEWER COLLECTION LINES. A. THE DEVELOPER AGREES TO INSTALL ALL SANITARY SEWER COLLECTION LINES SHOWN ON THE UTILITY PLANS, WHETHER THE SAME BE ON OR OFF THE SUBJECT PROPERTY. B. SUCH SANITARY SEWER LINES SHALL BE INSTALLED IN FULL COM- PLIANCE 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 UNDERSTANDS AND AGREES THAT NO BUILDING PERMIT SHALL BE ISSUED BY THE CITY FOR ANY STRUCTURE IN THE SUBDIVISION UNTIL THE SANITARY SEWER LINE SERVING SUCH STRUCTURE IS INSTALLED AND ACCEPTED BY THE CITY. D. ANY SANITARY SEWER LINES DESCRIBED ON EXHIBIT A,ATTACHED HERETO, SHALL BE INSTALLED WITHIN THE TIME REQUIRED ON EXHIBIT A. IF THE CITY ENGINEER DETERMINES THAT ANY LINES SHOWN IN THE UTILITY PLANS ARE -3- REQUIRED TO PROVIDE SERVICE TO OTHER AREAS OF THE CITY, THOSE LINES SHALL BE INSTALLED WITHIN THE TIME DETERMINED BY THE CITY ENGINEER. E. ALL OF SAID LINES SHALL BE INSTALLED AT THE SOLE EXPENSE OF THE DEVELOPER. F. THE INSTALLATION OF SAID LINES SHALL BE INSPECTED BY THE ENGINEERING SERVICES DEPARTMENT OF THE CITY AND SUBJECT TO SUCH DEPART- MENT'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. 4. ELECTRIC LINES AND FACILITIES. THE CITY LIGHT AND POWER DEPARTMENT SHALL INSTALL ALL ELECTRIC DISTRIBUTION LINES AND FACILITIES REQUIRED F7OR THE SUBJECT PROPERTY AND THE DEVELOPER SHALL PAY FOR SUCH WORK IN ACCORDANCE WITH THE ESTABLISHED CHARGES OF THE LIGHT AND POWER DEPARTMENT. SUCH INSTALLATION SHALL INCLUDE ALL STREET LIGHTS REQUIRED FOR THE DEVELOPMENT. 5. STORM SEWER LINES AND FACILITIES. A. THE DEVELOPER SHALL INSTALL ALL STORM SEWER LINES AND FACILITIES SHOWN ON THE UTILITY PLANS. 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 ENGINEER RELATING TO THE INSTALLATION OF SUCH LINES. C. DEVELOPER AGREES TO COMPLETE THE INSTALLATION OF OVERLOT GRADING TO PROVIDE STORM DRAINAGE CONTROL PRIOR TO THE CITY RELEASING BUILDING PERMITS FOR OVER ONE-HALF OF THE PLANNED STRUCTURES WITHIN THE SUBDIVISION. -4- 4 ALL OF SAID LINES AND FACILITIES SHALL BE CONSTRUCTED IN AN ORDERLY FASHION, AS DETERMINED BY THE CITY ENGINEER, SO AS TO PREVENT DAMAGE TO OTHER UTILITIES, STREETS, CURB, GUTTER, SIDEWALKS, AND ALL ADJACENT PROPERTIES. D. ALL OF SAID FACILITIES SHALL BE INSTALLED AT THE SOLE EXPENSE OF' DEVELOPER. E. THE INSTALLATION OF ALL SUCH LINES AND FACILITIES 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. 6. STREETS. A. THE DEVELOPER AGREES TO INSTALL ALL STREETS SHOWN ON THE UTILITY PLANS, COMPLETE WITH 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 STREETS. C. 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 RE- QUIRED. FURTHERMORE, NO BUILDING PERMIT SHALL BE ISSUED BY THE CITY FOR ANY STRUCTURE LOCATED IN EXCESS OF 660 FEET FORM A SINGLE POINT OF ACCESS. D. ANY STREETS DESCRIBED ON EXHIBIT A, ATTACHED HERETO, SHALL BE COMPLETELY INSTALLED WITHIN THE TIME REQUIRED ON EXHIBIT A. IF THE CITY ENGINEER DETERMINES THAT ANY STREETS SHOWN ON THE UTILITY PLANS ARE REQUIRED 1.0 PROVIDE ACCESS TO OTHER AREAS OF THE CITY, THOSE STREETS -5- SHALL BE INSTALLED WITHIN THE TIME REQUIRED BY THE CITY ENGINEER. E. ALL OF SAID STREETS SHALL BE INSTALLED AT THE SOLE EXPENSE OF THE DEVELOPER. F. DEVELOPER AGREES TO CORRECT ANY DEFICIENCIES IN SUCH INSTALLATION IN ORDER TO MEET THE REQUIREMENTS OF THE PLANS AND THE SPE,CI- FICATIONS APPLICABLE TO SUCH INSTALLATION. G. 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. 7. MISCELLANEOUS. A. THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES HERETO, THEIR HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS. B. NOTHING HEREIN 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 CI F FORT COLLINS, COLORADO BY CIT MANAGER ATTEST: CITY CLERK APPROVED: DIREdr&e OF ENGINEERING SERVICES EXHIBIT A 1. SCHEDULE OF WATER LINES TO BE INSTALLED OUT OF SEQUENCE. NONAPPLICABLE. 2. SCHEDULE OF SANITARY SEWER LINES TO BE INSTALLED OUT OF SEQUENCE. NONAPPLICABLE 3. SCHEDULE OF STREET IMPROVEMENTS TO BE INSTALLED OUT OF SEQUENCE. NONAPPLICABLE.