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Home My WebLink AboutSOUTHMOOR VILLAGE SEVENTH - Filed OA-OTHER AGREEMENTS - 2004-02-20AGRE1�; I-,'N' THIS ACRELTICTYP is made and entered into this �Jr day of jjpiember, A.D. 19M, by and between TILE CITY Ol' FORT COLLINS, COLOIn1)0, a municipal corporation, hereinafter sometimesIiveritt designated as the."City', and _ Ilnlerhrises, Inc. hereinafter designalcxl as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of: Southmoor Village, seventh filing, heinP a replat of lots 175, 176, 177, 178, 179,_I80, I81, 132, IS, and 'mcl "N" of Southmoor Village, Third filing, City of Port Collins. 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, Ix?veloper_ desires to develop said property as a residential subdivision and has s1Axrittcd to the City a utility plan for said lands, a copy of which is on file in the City Engineer's Office and by thi.s reference made a part hereof; and WIIERP q, 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 prinr.ily of txalefit to the lands to be developed and not to the City of Fort Collins as a whole; and NOW, THITI 70RE, in consideration of the promises and the terrLs 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 municiExal facilities necessary Lo serve the lands described on the subdivision plat. 2. Water Lines. a. t)c-veloEx r 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 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 complete the installation of said lines no later than within two years of the day and year first herein above 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 strucLure is installed and accepted by the City. e. All of said lines shall be installed at the sot(, expense of the Developer. f. The installation of said lines shall be inspected by the Engineering Services Department of the City and shall be subject to such department's approval. Developer agrees Lo correct any deficiencies in such installation in order to meet the requirements of the plans and the spocifications applicable Lo such installation. In the event such install.aLion is not collpleted and approved within the time set forth above, the City shall. have the right to cause such additional work to be done as it deetns necessary to complete the -2- Tom,- installation in a satisfactory manner and the Develoix-,r shall be liable for the costs of such additional work. 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 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 ins 4Zllation of said lines no later than within two years of the day and year first herein above written. d. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision instil the sanitary sewer line serving such structure is installed and accepted by the City. e. jjl 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 Ix>partment of the City and subject to such clep-kartnu-�nt's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requircments of the plans and the specifications applicable to such installation. in the event such installation is not conpleted and approved within the time set Forth above, the City shall have the right to cause such additional work to txx done as it deems necessary to complete the installation in a satisfactory manner and tie IX,veloper shall. be lialA e for the costs of such additional work. =E 4. Glectr.ic Lines and Facilities. a. 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 DIfxartment lights required for the devel.of ent. Such installation shall include all street 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 conypliance with the standard specifications of the City on file in the office of the City Lngincer 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 develnxnent 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. All of said lines 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 Ingineer_ing Services Department of the City and shall be subject to such deparUnent_'s approval. Develo{:x r agrees to correct any deficiencies in such installation in order to meet the requirenxnts of the plans and the specifications applicable to such installation. In the event such installation is not con>leted and approved within the time set forth above, the City shall have the right to cause such additional. work to Lx? done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for tine cost of such additional work. 6. Streets. a. The E vel.oper agrees to install all streets shown on the utility plan, complete with asphalt paving, curb, gutter and sidewalks. b. Such streets shall he 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 street improvements no later than within two years of the day and year first herein above written. d. No building perniit for the construction of any structure in the sub division shall be issued by the City until the street providing access to the structures is irrgsroved with at least the gravel base required. e. The installation of all streets shall be inspected by the Engineering Services Depar_tmxint of the City and subject to such department's approval. Ikwelo�x,r agrees to correct any deficiencies in such installation in order to nret the resduiremonts 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 he 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 %ork, including all normal charges made by the City for financing, engineering, publication, l-egal and miscellaneous on City Special- Street Improvement Districts. f. Street lnprove-ments 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. 7. Other Requirements. The Developer agrees that before a certificate of occupancy is rcteased on any structure :within said subdivision the detention pond and all drainage facilities within the detention pond gliall be constructed and approved by the City Engineer. `This agreenxant- shall- be binding upon the parti-es hereto, their heirs, personal representatives and assigns. IN WIINC',SS WHET OF', the parties hereto have caused thi-s agreement to be signed the day and year first hereinabove written. T[IE CITY OP' FORP COLLINS, CY)LORADO ATIEST: City ClcrE City Manager - — APPROVED: D Lsec of of -Ell inee� Services City Attorney -6-