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HomeMy WebLinkAboutSOUTHMOOR VILLAGE EAST THIRD - Filed OA-OTHER AGREEMENTS - 2003-01-08Page is too large to OCR. THIS AGREEMENT is made and entered into this /F!F' day of Q , A.D. 1919, by and between TEjE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Everitt Enterprises, Inc. hereinafter designated as the "Developer", WITNESSFTH: WHEREAS, Developer is the owner of: SOUTHMOOR VILLAGE EAST, THIRD FILING, being a replat of Southmoor Village East:, First Filing and also including a part of Section 30, T 7 N, R 6 8 W , of the sixth 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 sutmitted 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 aril 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 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 in aS accordance with the provisions of the City Code or at such timegthe City Engineer determines that there is a need for such lines to serve adjacent properties. 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. Developer further understands and agrees that acceptance of fire hydrants requires the feeder main to which they connect be looped, that is, that there be a two directional feed from the City's distribution system. 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 conpleted 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 -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 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 in accordance with the provisions of the City Code or at such time that the City Engineer determines that there is a need for such lines to serve adjacent pro- perties. 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 cmUlete 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. lights required for the development. Such installation shall include all street 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 construct the storm runoff detention facilities in conjunction with the first phase of development. The Developer understands and agrees that the City shall riot issue in excess of thirty certificates of occupancy for structures within the subdivision until the detention facilities are accepted by the City. 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 sub- ject to such dep<nt'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 ccnplete 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 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 complete the installation of street improvements in accordance with City Code or at such time the City Engineer determines that there is a need for such streets to serve adjacent properties. d. 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. Furthermore, no building permit shall be issued by the City for any structure located in excess of 660-feet from a single point of access. e. 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 Lemay Avenue as an arterial, and Centennial Road and Lochwood Drive as collector streets rather than as residential streets. 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 oompleted and approved within the times 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. 7. Other Requirements. The Developer agrees that there is a need for a bicycle -pedestrian walk along Lemay Avenue and shall provide a seven -foot wide concrete walk along the entire frontage of Lemay Avenue. The City shall pay for that portion of side- walk over four feet wide. 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: City Clerk e••:�li C, C, L C. Dir of Engneerin Services ty Atto ey THE CITY OF FORT COLLINS, COLORADO By City Manager Developer Title Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.