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HomeMy WebLinkAboutMISSION HILLS SECOND - Filed OA-OTHER AGREEMENTS - 2003-12-23UIILI'IT I i lJ J 1II N'1' THIS AGI2Fdiimtxi, is ntiadc and entered into this Sl�c_ day of. S - A. D. 1977, by and between THE CITY OF FORT COLLINS, CWIIJILW, a mtnicipal cuc- poration, hereinafter sometinns designated as the "City", and Kem homes, Incorporated___ hereinafter designated as the "tkwcloper", WITNESSI TI I : WIIERLA.S, Develolxr. is the owner of certain proLx2r_ty ,itU,,Le in the County of Larinrr and State of Colorado and legally descrilxd as ''011O S: MISSION IIIIT-S SECOND FILING being a replat of Tract 1 of Vanguard Gardens, City of Fort Collins. NLt,REAS, Developer desires to develop said protx�rty as a residential sub- division and has suhidLted to the City a aitxdivision plat (and n site plan said property is fro ta; devclop�i as a Planned Unit Ik'velolx�t'11 ) , a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WIIERE7 , Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in U-ie Office of the City Engineer rind by this reference made a part hereof; and WIIERNIIS, Use part-ics hereto have agreed t tt- the dev(,;oj):ix,nt of said la::ds will recp-dre increased mmicipal services from the City in order to sorve such area and will further require the instaLlation of cort:iin prii,iarily of benefit to the lands to be developed and not to the City of Port �,ollins as a Whole; and WHEREAS, the City has approved the sulxlivision plat (wad :,ite plan wh.�rc applicable) sulauittxd by the Devolol'Alr subject to certain re: A reinents and conditions which involve the installation of and constnicti.on of utilities and other municipal inlnrovements in connection wiL'n said ].ands. NOW, THERLT'ORL, in consideration of the premises and the tenns and concliiions herein stated and for other valuable consideration, tYie adequacy of which is acknowledged by the parties hereto, it is adrectii as follows: 1. Except as othet-';ise h^rein six cifically a(Imed, the P> veloper agrees to install and pay for all utility lines, stone drainage facilities, streets and other mun.ici;oal facilities necessarl to serve the lands %•:'_thin the subdivision. 2. plater Lines. a. Developer agrees to install all water lie<s .t; on the utility plans in acamdance w;itn tue requirenr_nts and as shown on saic plans, whether such lines are actually on the property, boi.deriny the projmrty or on other lands connecting the subject property to the existing City w,jter distribution system. b. Such water lires shall f> installed in full compl.ianco with the standard gx,cificati_ons of the City on file in the office of the City Engineer and applicable provisions of the City Code relatin,I to the installa'ion of such lines. c. Developer_ understands and agrees that no build.im permit for any structure in the su173ivision shall be issued by U;c City until t:e water line and the Lire hydrant servinq such structure is installed zm;l accepted by tie City. d. Any water lines described on Exhibit A, attachci hereto, shall be installed within the time required on Exhibit A. If the City Anginuer dcternliues that any lines shown on the utility plans are required to pmvLcie secviec '=o other areas of the City, those lines shall be Jn,sttltllcd wiU in Lhv, deicrmincd by Lie City Digirieer. -2- e. All of said lines shall be installed at the sole e:;i,ense of tl.e Developer. f. The installation of said line shall be inslxctsi by the Engineering Services Dq irtment of the City and shall be subject to such Qepartront's Cp- proval. Developer agrees to correct any deficiencies in such installation in order to meet the requireirents of the plans and the srxvificaticns 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 stilject property. b. Such sanitary sewer lines shall be installed in full compliance with Uie standard specifications Of the City on file in the office of the City Engineer relating to the installation of such lines. c. Develorx�r understands and agrees that no building 1xennit steal] be issued by the City for any structure in the sub,-ivision unti.i the sanitzjj-y sewer line serving such structure is installed and accepter] by the Ci''y. d. Any sanitary sewer lines described on ICxtiibit f" a1_tachcd hereto, shall be installed within the tyre required on Exhibit A. Tf the City linginccr determines that any lines shown in the utility plans are to provide service to oUier areas of the City, those lines shall L, ins,al d within the time determined by the City Engineer. -3- e. All of sala lines shall be installed at the sol.c exfxne,c of Developer, f. The installation of said lines shall be inspectcvl by the Engineering Services Department of the City and subject to such departr„ent's ��;)proval. Develolx'r agrees to correct any deficiencies in such installation in order to meet the requirerrnts of the plans and the specifications air,�licable to such installation. h Electric Lines and facilities. The City Light, and P(-er Dcrar merit shall install all electric distribution lines and facili!J,cs recluircd for the subject prolxxrty and the Developer shall pay for such cork in accordance with the established charges of the Light and Power Departrxcnt. Sich installation shall include all street lights required for the develops ent. 5. Storm Sewer Lines and Facilities. a. The Do-veloper shall install all stone sewer lines u7d facilities; shown on the utility plans. b. Such storm sewer lines and facilities shall be installed in fu1.1 compliance with the standard specifications of the City on file in the office Of the City Fngincer .relating to the installation of such lines. C. Developer agrees to conlDl.ete the installation of detention facilities prior_ to the City releasing building permits for any structure within the subdivision. Ali of said lines and facilities shall lxa constructed in an orderly [ashion, as determined by the City L.zdincer, so as to prevent ll,.mogr to of er utilities, streets, curb, gutter_, sidewalks, and all adjacent pmIx, ties. In -n- any event, all of said lines and facilities shall b3 completed within twelve nonihs from the date of this agreement. d. All of said facilities shall be installed at the sole exlx,nse oP Developer. e. The _installation of all of such lines and facilities shall be inspected by the Engineering Services Departrrr,nt of the City and shall be sub- ject to such dclk-,ririuit's approval. Developer agrees to cor_rec, 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 Ieveloper agrees to install all streets shownn on the utility plans, conhletc w-th pavin -, curb, cluLLer 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 Cif Eaiineer relating to the installation of such streets. c. No building permit for the construction of ,any structure in tl:u subdivision shall be issued by the City until the street providing access to the structures is improved with at least the yrnvel_ baa,e ropr_rld. I'urthcrnnre, no building pert t shall be issued by the City for any sLructilc looted in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, aLtach,NI hereto, shall ix: completely installed the time reciuircy-d on EshibiC A. 1 ( tlic _ity Enyinocr determines that any streets shown on the utility plans are roquir_e.] to provide access to other areas of the City, those streets shall_ be in:=i�illerl witlii:', the time requirecl by the City Engineer. -5- e. oil of said streets shall be installed at the snlc expense of the Developer. Developer agrees to correct- any deficiencies in such installation in order to moot the roquirenv its of the plans and the apecifiCat_i.ons applical'10 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 installei from main utility lines to the property line. 7. Other Requirements. None. g. miscellaneous. a. This acjreca:rnnt shall be binding up)n the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein container. shall be c0nstru'u3 as a %%giver of an' - re uireiients in the City SuL&vision Ordinance or any oUher provision of. We City Code and the Developer agrees to comply with all rcduir,n-�nts of the ;any. TNE, CITY Oh' FORP COILINS, C01-01270 City Mallagcr' -6- ATrRST: APPROVED: DirecLtbr" f P:ngineeriny SeLWices j City Attorney -7- Dcvelup-, =11BIT A 1. Schedule of water lines to be installed out of sesluence. Nonapplicable. 2. Schedule of saniLary sewer lines to be installers out of scmlmcc. Nonapplicable. 3. Schedule of streeL improvunents to bL installed out of serruence. Nonapplicable.