HomeMy WebLinkAboutOVERLAND - Filed OA-OTHER AGREEMENTS - 2004-01-12Ci171 I.��Yi
THIS AGREEMENT is made and entered into this •-II(-(°' day of ' ,
A.D. 19;/(, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter sometimes designated as the "City", and Richard L.
Bartlett hereinafter designated as the "Developer",
WITNESSETH:
WHEREAS, Developer is the owner of the Overland Subdivision situate in
the north 1/2 of Section 16, T 7N, R69W of the 6th P.M., County of Larimer,
State of Colorado, more particularly described on the subdivision plat on file in
the City Engineer's Office and by this reference made a part hereof; and
WHEREAS, Developer desires to develop said property as a residential subdi-
vision and has submitted to the City a master plan showing a proposed subdivision
layout for said lands, which master plan is on file in the City Planner's
Office and by this reference made a part hereof; and
WHEREAS, Developer has further submitted to the City a master utility plan
for said lands, a copy of which is on file in the City Engineer's Office 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's planning and zoning board has approved the master plan
submitted by the Developer subject to certain requirements and conditions which
involve the installation of and construction of utilities and other municipal
improvements in connection with said lands.
NOW, TIiEREFOPE, in consideration of the premises and the terms and conditions
herein stated and for other valuable consideration, the adequacy of which is acknowl-
edged by the parties hereto, it is agreed as follows:
1. The City hereby approves the master plan submitted by the Developer,
it being understood that such approval is approval only of the general scheme
and concept of development shown thereon.
2. 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 described on the sub-
division plat.
3. Water Lines.
a. Developer agrees to install all water lines as shown on the utility
plan 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
relating to the installation of such lines.
c. Developer agrees to ccuplete the installation of said lines no later
than within one year of the day and year first hereinabove written.
d. Developer understands and agrees that no building permit for any
structure in the subdivision shall be issued by the City until the fire hydrant
serving such structure is installed and accepted by the City.
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 Deparlirent of the City and shall be subject to such department's approval.
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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. In the event such installation is not completed and approved within
the time set forth above, the City shall have the right to cause such additional
work to be done as it deems necessary to complete the installation in a satis-
factory manner and the Developer shall be liable for the costs of such additional
work.
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 agrees to complete the installation of said lines no
later than within one year of the day and year first hereinabove written.
d. 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.
e. A1:L 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 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. In the event such installation is not completed and approved
within the time set forth above, the City shall have the right to cause such
additional work to be done as it deems necessary to complete the installation
in a satisfactory manner and the Developer shall be liable for the costs of such
additional work.
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5. Electric Lines and Facilities.
The City Light and Power Depart rent shall install all electric distri-
bution 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 development.
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. Developer agrees to complete the installation of said lines and
facilities in an orderly fashion during the process of development so as to
assure that the health, safety, welfare, and property of. the City and citizens
is safeguarded and protected through the proper control and drainage of storm
waters.
d. A]_1 of said lines and facilities shall be installed at the sole expense
of the 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 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. in the event such installation
is not completed and approved within the time set forth above, the City shall
have the right to cause such additional work to be done as it deems necessary to
complete the installation in a satisfactory manner and the Developer shall be
liable for the cost of such additional work.
7. Streets.
a. The Developer agrees to install all streets shown on the utility
plan, complete with asphalt 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 lines.
c. Developer agrees to cccplete the installation of street improvements
no later than within one year of the day and year first hereinabove written.
d. No building permit for the construction of any structures 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 required.
e. The installation of all streets 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
met the requirements of the plans and the specifications applicable to such
installation. In the event the improvements are not completed and approved within
the time set forth above, the City shall have the right to cause such additional
work to be done as it deems necessary to complete the installation in a satis-
factory manner and the Developer shall be liable for the cost of such additional
work, including all normal charges made by the City for financing, engineering,
publication, legal and miscellaneous on City Special Street Improvement Districts.
f. Street Improvements shall not be installed until all utility lines
to be placed in the street have been completely installed and all services to
individual lots have been installed from main utility lines to the property line.
This agreement shall be binding upon the parties hereto, their heirs,
personal representatives and assigns.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed the day and year first hereinabove written.
ATTEST:
THE CITY OF FORT COLLINS, COLORADO
By—__-
City Manager
beveloper Title