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Home My WebLink AboutWOODWEST SIXTH - Filed OA-OTHER AGREEMENTS - 2004-03-19k-GREF MNST 4 Zhu 00 �Qv PC AN the h0h; :Wvvjo,!: iR the wAcr of: 7. t f i sr:? P On qw[ IN IsPetion 7 �V:M Ist ar the %,A -0 jo Q v F ice th i f i 4n p"rt W z nel n_ ,j'RLAq, j, W—v Ceuveff of the f0v 0" -art icv, 0:10710 n- I t "I " - z " ' Q - ' WS, ?Iv of the To -,UPI -r & n"Oqn vl�v 2110, into a* vre—ant WIM W &in- -� 'nqW1 aC -:11 !q : W I. �ortfv, of 6410119 .,t 4racytn- 0 V,sor-n Vndvi .1 Q, fQW010r. I I iAMIRF. 1- --ns1APrA;!or W One Wntsy, n0d the c"'! wreln -wej th? part!yl pre. 1, fnllws' 1. ivreps -1 vil, Wadscavirn Zpot 1; 1-, "Irnp cj- , 1 wan in rn 'r1p !_ I? call 1-S Cc! -rAo 0 h" Ohl q to rmnnancp KvI11,0en nf Wy lardselniuc in h h. st,e.t K--verlr, tho n1n, fny rho '01-e N-114 '-v;r-7y ", ryo vvin the nq 'r,wr e7.rtvvo; if the CQ- of pert (701101- C010re,40 Qrther 1-3a's fa -Katain said AW 21& -,nner nw! So xWel- th, de lq:,n Q, "it Art, - n 1 4kvj:'n r Z13, to MA-taN N !Wj0"%KW" v j in: '' in, Wn''In ;W :An&qv1jSnn 3w to N'' "Po W', assreivt,l ."IV such -%!nt W�ty f;- This Agreement sha : ba binding upon the parties hereto, their successors and assigns. N `r"IT?: .'SI WI,Txt.f'0F. the parTtips have 1.1utl Poi `hie Acreement to be' signed the Oa7 n& year `i:rst hereinaInve w0tten. ATTEST: ait; Clerk TOT ZIT'- 07 FORT COLLTNS, Colorado r WOOD BRO& HOMES, KC, :.�:^ Secretary 7191 17j Yi '11IIS AGREIIqWI' is made and entered into this `-? day of A.D. 19 %l , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Tri-City Development Company, by wood Bros. Homes, Inc., General Partner hereinafter designated as the "Developer", WITNESSETH: WIIEREA.S, Developer is the owner of Woodwest, Sixth Filing situate in the County of Larimer, State of Colorado, more particularly described on the sub- division plat on file in the City Engineer's Office and by this reference made a part hereof; and wIIEREA.S, Developer desires to develop said property as a residential sub- division being a part of a master plan previously approved by the City's Planning and Zoning Board, which master plan is on file in the City Planner's Office; and WIIEIZEAS, Developer 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 MU,PREAS, 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 the the City of Fort Collins as a whole; and Now, IIIERFa,ORE, 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, and as shown on the utility plan. 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 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 following the day and year first hereinabove written. The 24-inch cater main on Shields Street shall be installed concurrent with the initial water system of the Sixth Filing within said two year period. 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, except that the City Utility shall pay that additional cost incurred from installation of the 24-inch water main rather than a 12-inch main on Shields Street. The construction of same required by this agreement, as shown on the utility plan. f. The installation of said line 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 2 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. 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 installation of said lines no later than within two years following 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. 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 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. 3 4. Electric Lines and Facilities. 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. It is understood that such lines and facilities represent the Developer's obligations for this filing only and additional require- ments may be made by the City at other stages of the development. 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. 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 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 specifi- cations 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. 4 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 complete the installation of street improve- ments no later than within two years following the day and year .first herein - above 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. All of said streets shall be installed at the Developer's expense, except that the City shall pay for that extra expense caused by Swallow Road being improved as a collector and the easterly half of Shields Street as an arterial rather than as residential streets. f. The installation of all streets shall be inspected by the I�ngineering 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 clone 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. h. 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 shall include the plans, specifications and profiles for any such required bridges. The time IiiIli tations set forth for the installation of all improvements herein described may be extended at the discretion of Director of Engineering Services upon application by developer showing reasonable cause. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IH WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City Clerk e,o APPROVED: Diner lofirnlgine s ng Services ty Attorr ey -- - - -- THE CITY OF FORT COLLINS, COLORADO Dy 4 + ' City Manager Developer,-- Title