HomeMy WebLinkAboutSUNDANCE HILLS - Filed OA-OTHER AGREEMENTS - 2004-02-27AGHLE LAC
ItI1S AGRCCb1EN'1' is made and entered into this 7n!day of
A.U.
19 Qf, by and between THE
CITY OF
FOR'i
COLLINS, COLORADO, a
municipal
corporation, hereinafter
sometimes
designated
as the "City", and U. C. Millcr and Co _ hereinafter
designated as the "Developer", of Sundance Hills First Piling.
WITNESSETH:
WHEREAS, Developer is the owner of certain property situate
in the County of Larimer, State of Colorado, more particularly described
on Exhibit A attached hereto and by this reference made a part hereof; and
WHEREAS, Doveloper desires to develop said property as a
residential subdivision and has submitted to the City a
master plan showing a proposed subdivision layout for said lands, which
master plan is attached hereto as Exhibit B and by this reference made a
part hereof; and
WHERCAS, Developer has further submitted to the City a master
utility plan for said lands, a copy of which is attached hereto as Exhibit
C 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 Port Collins as a whole; and
WU RLA.S, 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, 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 Thereto, it is agreed as
follows:
1. The city Thereby 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 and that the City may
impose additional requirements on final plats for any portion of said land
consistent with the general scheme of development shown on the master plan.
2. Except an 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 Exhibit A, such lines, streets and facilities including, but not
limited to, those shown on the master utility plan attached hereto as Exhibit
3. Water Lines.
a, Developer agrees to install all water lines as shown on
Exhibit C in accordance with the requirements and as shown on said Exhibit,
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.
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h. Such water lines shall he installed in full compliance with
the standard specifications of the City on file in the office of the City
Gngincer relating to the installation of such lines.
C. llevcloper agrees to complete tau installation of said lines
no later than the following schedule:
Within nine months of the date and year first hercinabovc written.
d. Developer unourstands and agrees that no building permit
for any structure in tine subdivision shall be issued by the City until tine
fire uydrant serving such structure is installed and accepted icy the City.
C. All of said lines shall be installed at the sole expense
of the Developer, except that the City will participate in the following:
I,inc
City Participation
None
£. The installation of said line shall be inspected by the
Community Development Department of the City and shall be subject to such
department's approval. Developer agrees to correct any deficiencies in such
instal Ltion in order to meet tine requirements of the plans and the
specifications ❑pplicable to such installation. in the event such installation
is not completed and approved witnin the time set forth above, the City shall
have the right to cause such additionalwork to be done as it deans ncecssary
to complete the installation in a satisfactory manner and the Developer shall
beliablefor the costs of suc„ additional work.
4. Sanitary Sewer Collection Lines.
a. The Developer agrees to install all sanitary sewer collection
lines snown on ExaMit C, whether the same be on or off the subject property.
b. Such sanitary sewer lines shall be iastalled 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 the following scnedule:
Within nine months of the date and year first hereinabove written.
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d. ouveloper undcrstnnds and agrees that no building permit
small i)c issued Oy tie City for any structure in the subdivision until the
sanitary sewer tine serving such structure .is installed and accepted by the
City.
c. Ail of said lines shall he installed at the sole expense of
the Developer, except teat the City will participate in the following:
g111t City Part ici action
None
f. lnu installation of said lines shall hu i_nspected by the
Conunuuity Developnent Dupartntent of the city and subject to such department's
approval. Developer agrees to correct any deficiencies in such installation
inn order to meet tilt ro,luirements of the plans and the specifications applicable
to sucn installation. L: tac event such installation is not completed and
approved withiln the time set fort'; above, the City shall have the right to cause
such additional work to be done as it deems necessary to complete the installation
ill a satisfactory manner and the Developer shall be liable for the costs of such
additional work.
5. Vlectric Lincs and Facilities. The city Ligl,t and Power
Department shall install all electric distribution lines and facilities
required for Lhc subject property and the Developer shall pay for such work
in accordance with the cstablishud charges of the Light ❑nd Power Department.
O installation shall include all street lights required for Lhe
development.
b. Storm Scher Lines and Facilities.
a. The Developer shall install all storm sewer lines and
facilities shown on Unibit C. It is understood that such lines and
facilities may not represent all of toe Developer's obligations in this regard
and additional rcquircments may be node by the City at other stages of the
development..
h. Such storm sower lines and facilities shall be installed
in full compliance with tine standard specifications of the City on file in
the office of tine City Lngineer relating to the installation of such lines.
c. Developer agrees to complete the installation of said
lines and facilities no later than the following schedule:
Within nine months of the date and year first hercinabove written.
d. All of said lines shall be installed at the sole expense
of the Oevelopor.
U. The installation of all of such lines and facilities
small be inspected by the Community Development 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 tno specifications applicable to such
installation. In the event sucu 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 suci
additional work.
i. Streets.
a. 'lac Developer agrees to install ail streets shown on the
master plan, complete with asphalt paving, curb, gutter and sidewalks.
b. Such streets shall he installed in full compliance with
the standard specifications of two City on file in the office of the City
Engineer relating to the installation of such lines.
C. Developer ❑grees to complete the installation of street
improvements no later than the following schedule.
Within ❑ine months of the date and year first hereinabove written.
a. 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
Community Development 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 tiro 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 One.
g. In connection with the improvements to be made to streets,
the Developer shall install and pay for any bridges over existing ditches or
drainage channels. Such bridges shall be installed in accordance with the
same schedule as provided above for the particular street involved. The
detailed plans, specifications and profiles to be submitted by the Developer
,,all include the plans, specifications and profiles for any such required
bridges.
S. Omer Requirements.
The Developer has provided a temporary cul-de-sac at the east end of the
afore described property with the intentions of providiog a permanent street at
the time the property adjacent on the east is developed. The Developer further
agrees that if after a period of two years of the day and year first hercinabove written
the street has not been extended as proposed, he shall be liable for extending said
street as shour on tlw master plan or providing, a permanent cul-de-sac conforming
to the standards and specifications as set by the City of Fort Collins.
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J. Perrormance and Payment Bond. To insure Developer's
performance under this agreement, Developer has provided the City a
satisfactory surety bond in tile amount of not required
cunditioncd on Developer's full performance of its obligations hereunder and
payment fry tine Developer of thu cost of installing all improvement required
to be paid for by lire Developer.
rhis ae,recmcnt .;frail oe binding upon the parties nureto, tr.o.rr
heirs, personal rupresentatives and assigns.
IN WITASS WARM, the parties ucrcto heb'e caUscei this agreement
to ire siYULd the day and }car first hcrcinabovc writton.
THL CITY UP FORT COLLINS, COLORADO
\TTLS'I
city Ianu,cr
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