Loading...
HomeMy WebLinkAboutSTONEHENGE FOURTH - Filed OA-OTHER AGREEMENTS - 2004-02-27THIS AGREEMENT is made and entered into this 17t3 day of 01ft• A.D. 1917, by and between THE CITY OF EURT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and MESS Ltd., a Limited Partnership hereinafter designated as the "Developer", WITNESS=: WHEFEM, Developer is the owner of: STONEHENGE, FOURTH FILING, situate in the north 1/2 of Section 19, T 7 N, R 6 8 W of the Sixth P.M. , City of Fort Collins, 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 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. Water Lines. a. Developer 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 ccnpliance 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 cocjlete the installation of said lines no later than June 1, 1979. 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 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 ccrrplete the -2- installation in a satisfactory manner and the Developer 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 acupliance 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 June 1, 1979. 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. 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 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 ompleted 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. -3- 4. 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. 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 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 all stormwater detention facilities prior to the City issuing building permits for more than six (6) structures within the subdivision. d. 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. e. All of said drainage facilities and control measures shall be at the sole expense of the Developer. f. 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 -4- 1 is not completed and proved within the time set for, above, the City shall have the right to cause such additional cork 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. 6. 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 submit plans to the City Engineer for improve- ments on Stuart Street to the westerly property line of the Stonehenge, P.U.D. no later than July 1, 1977. Developer agrees to install street improvements for the south 1/2 of Stuart Street, adjacent to the total frontage, under his ownership,no later than June 1, 1978. All other street improvements, within the Fourth Filing, shall be installed no later than June 1, 1979. d. All of said streets shall be installed at the sole expense of the Developer except that the City shall pay for that added cost of improving Stuart Street as a collector street rather than as a residential street. e. 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 structures is improved with at least the gravel base required. f. 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 -5- 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. g. 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. ATTEST: �,C�[ifif-per— �-'�:/✓ `�" City Clerk THE CITY OF FORT COLIJNS, COLORADO By City Manager Developer �p Title /� '