HomeMy WebLinkAboutHIGHLANDER HEIGHTS THIRTEENTH - Filed OA-OTHER AGREEMENTS - 2003-11-26UTILITY AGREEMENT
THIS AGREE7,1N\Tr is made and entered into this 7V day of 944nk,
A. D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal cor-
poration, hereinafter sometimes designated as the "City", and Peakland Development
Corporation hereinafter designated as the "Developer",
WIPNESSETH:
WHERFAS, Developer is the owner of certain property situate in the County
of Larimer and State of Colorado and legally described as follows:
HIGHLANDER HEIGHTS, THIRTEENTH SUBDIVISION situate in the
southwest ; of Section 18, T 7 N, R 6 8 W of the Sixth P.M.,
Fort Collins, Colorado.
WHEREAS, Developer desires to develop said property as a residential sub-
division 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 where
applicable) submitted by the Developer subject to certain requirements and
conditions which tnvu_✓e the installation of and cons -action 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 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 sha,rn 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
stricture 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. 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 required to provide service to
other areas of the City, those lines shall be installed within the time determined
by the City Engineer.
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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 ap-
proval. 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. 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 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 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 required to provide
service to other areas of the City, those lines shall be installed within the
time determined by the City Engineer.
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e. All of
_d lines shall be -installed at 2 sole expense of
Developer.
f. The installation of said lines shall be inspected by the Engineering
Services Department of the City and 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.
5. 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 established charges of the Light and Power Department. Such installation
shall include all street lights required for the develorment.
6. 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• 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, qutter, sidewalks, and all adjacent properties. In
any event, all of sai_ lines and facilities shall be c—gDleted within twelve (12)
months from the date of this agreement.
d. All of said facilities shall be installed at the sole expense of
Developer.
e. The installation of all of such lines and facilities shall be
inspected by the Engineering Services Department of the City and shall be sub-
ject to such departne'nt'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.
7. Streets.
a. The Developer agrees to install all streets shown on the utility
plans, complete with paving, curb, critter and sidevralks.
b. Such streets shall be installed in full compliance with the standard
specifications of the City on file in the office of the City Engiheer 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 stnictures is improved with at least the gravel base required. Furthermore,
no building permit shall be issued by the City for any structure located in excess
of 660 feet from 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 to provide
access to other areas of the City, those streets shall be installed within the
time required by the City Engineer.
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e. All of s,_d streets shall be installed at ne sole expense of the
Developer.
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.
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.
8. Other Requirements.
NONE
9. 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 CITY OF FORT COLLINS, COLORADO
BY —
City Manager
ATTEST:
City Clerk
APPROVED:
Director of Engineering,Services
City Attorney
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I
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Developer Title
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