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HomeMy WebLinkAboutWESTGATE THIRD - Filed OA-OTHER AGREEMENTS - 2005-08-03THIS AGREEMENP is made and entered into this 71� day of tG .� A.D. 19,, , by and between THE CITY OF FORT' COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and I3nice E. Miller hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of: WES'IGATE, T1IRD FILING situate in the northeast 1/4 of Section 20, T 7N, R 69 W of the 6th P.M., City of Fort Collins, County of Larimer_, 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 MTFR S, 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, tho ad&juacy 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. 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 i,ight and Power Department. Such installation shall include all street lights required for the development. 3. Storm Sewer Facilities. a. The City has determined that there is a need for on -site storm - water detention for the entire Westgate Devel.ojxrut and t-he most practical lo- cation of said detention is immediately north of Banyan Drive as platted in the Westgate, First Filing. The City agrees to acquire the necessary land by eininent domain. The Developer agrees to reimburse the City the expense of the land acquisition and to construct the detention pond prior to January 1, 1979. b. Developer further agrees to install a concrete trickle channel, 4-feet wide, through the drainage easement between Stmtiac Street and Azalea Drive. c. All of said drainage facilities shall be installed at the sole expense of the Developer. d. The installation of all such facilities shall_ be inspected by the Engineering Services Department of the City and shall be subject to such depart- ment's approval. Developer agrees to correct any deficiencies in such installa- tion 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 tiny, 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. -2- 4. Streets. a. The Developer agrees to install Sumac Street and Overland Trail con fete with asphalt paving, curb, gutter and sidewalks within the limits of the subdivision. Developer further agrees to construct a temporary 80-foot diameter gravel_ base cul-de-sac at the westerly end of Sumac Street prior to the issuance of any building permits within the subdivision by the City. b. Such streets shall be installed in full compliance with the stan- dard specifications of the City on file in the office of the City Engineer re- lating to the installation of such lines. c. Developer agrees to comnAete the insitall_ation of street improvements no later than January 1, 1978. d. No building permit for the construction of any structure in the subdivision shall tx, 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 L>e 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, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improve- ment 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 line. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. -3- IN WI'PLV7 SS SYIII�;RIX)IP, the parties hereto have cau, (d this agreement to be signed the day and year first hereinabove written. ATTEST: City Clerk APPROVED: D�C�hof I:ngsn et`ing~Services City Attorr)Oy TILE CITY OF FORS COLLINS, COLORADO By City Manager D-_Velop r Title