HomeMy WebLinkAboutSPRING CREEK PLAZA - Filed OA-OTHER AGREEMENTS - 2004-02-24rRa-rURTI-51TW9
THIS AGREEMENT is made and entered into this Rfjh day of LAn r-
A.D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter sometimes designated as the "City", and Kurtz, Inc.
hereinafter designated as the "Developer",
WHEREAS, Developer is the owner of:
SPRING CREEK PLAZA, situate in the northeast 1/4 of Section
22, T 7 N, R 6 9 W of the Sixth P.M., Fort Collins, 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 commercial
subdivision and has submitted to the City a 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
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 described on the
subdivision plat.
2. Developer understands and agrees that no building permit shall be
issued by the City for any structure in the subdivision until the water and
sanitary sewer service lines serving such structure are installed and accepted
by the City.
3. Electric 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 Department. Such installation shall include all street
lights required for the development.
4. 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 further agrees to control runoff 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 drainage
of storm waters.
d. All of said drainage facilities and control measures shall be 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 sub-
ject to such department's approval. Developer agrees to correct any deficiencies
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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.
5. 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 complete the installation of street improve-
ments no later than July 1, 1978.
d. All of said streets shall be installed at the sole expense of the
Developer except that the City shall pay that added cost of improving Shields
Street as an arterial street rather than as a residential street.
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
meet 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 satisfactory 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 Improve-
ment Districts.
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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.
IN WITNESS wHEREOF, the parties hereto have caused this agreement to be
signed the day and year first hereinabove written.
NVU- -M
City Clerk Dep"i y)
Direct6Y of Engineeribq Services
THE CITY OF FORT COLLINS, COLORADO
By Qd-s�Tf
City Manager