HomeMy WebLinkAboutEASTBOROUGH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31UTILITY AGREEMENT
THIS AGREEMENT is made and entered into this I day of ,
A. D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal cor-
poration, hereinafter sometimes designated as the "City", and W-M Venture
hereinafter designated as the "Developer",
WITNESSETH:
MiEREAS, Developer is the owner of certain property situate in the County
of Larimer and State of Colorado and legally described as follows:
EASTBOROUGH, situate in the northwest 1/4 of Section 30, Township
7 North, Range 68 West of the sixth P.M., Fort Collins, Colorado.
WHERFII.S, Developer desires to develop said property as a residential sub-
division and has submitted to the City a subdivision plat (and a site plan if
said property is to be developed as a Planned Unit Development), a copy of which
is on file in the Office of the City Engineer and by this reference made a part
hereof; and
W1EREAS, Developer has further submitted to the City a utility plan for
said lands, a copy of which is on file in the Office of the City Engineer and
by this reference made a part hereof; and
HLEREAS, 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
wuEREAS, the City has approved the subdivision plat (and site plan where
applicable) submitted by the Developer subject to certain requirements and
conditions which invol - the installation of and constr, cion of utilities and
other municipal improvements in connection with said lands.
,IoW, TE]EREFORE, in consideration of the premises and the terms and conditions
herein stated and for other valuable consideration, the adequacy of which is
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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 within the subdivision. .
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
and applicable provisions of the City Code relating to the installation of
such lines.
c. Developer understands and agrees that no building permit for any
structure in the subdivision shall be issued by the City until the water line
and the fire hydrant serving such structure is installed and accepted by the
City.
d. Any water lines described on Exhibit A, attached hereto, shall be
installed within the time required on Exhibit A. If the City Engineer determines
that any lines shown on the utility plans are required to provide service to
other -areas of the City, those lines shall be installed within the time determined
by the City Engineer.
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e. All of said lines shall be installed at the sole expense of the
Developer.
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 ap-
proval. 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.
4. 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 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.
d. Any sanitary sewer lines described on Exhibit A, attached hereto,
shall be installed within the time required on Exhibit A. If the City Engineer
determines that any lines shown in the utility plans are required to provide
service to other areas of the City, those lines shall be installed within the
time determined by the City Engineer.
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e. All of sa lines shall be installed at tt-. 3ole expense of
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.
5. 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.
6. 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 detention facili-
ties prior to July 1, 1978.
All of said lines and facilities shall be constructed in an orderly
fashion, as determined by the City Engineer, so as to prevent damage to other
utilities, streets, curb, gutter, sidewalks, and all adjacent properties. In
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any event, all of said -fines and facilities shall be coi,vleted within twelve (12)
months from the date of this agreement.
d. All of said facilities shall be installed at the sole expense of
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 sub-
ject to such department's approval. Developeragreesto correct any deficiencies
in such installation in order to meet the requirements of the plans and the
specifications applicable to such installation.
7. Streets.
a. The Developer agrees to install all streets shown on the utility
plans, complete with 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 streets.
c. 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.
d. Any streets described on Exhibit A, attached hereto, shall be
completely installed within the time required on Exhibit A. If the City Engineer
determines that any streets shown on the utility plans are required to provide
access to other areas of the City, those streets shall be installed within the
time required by the City Engineer.
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e. All of said streets shall be installed at the sole expense of the
Developer except that the City shall pay that added cost of improving Lemay
Avenue as an arterial and Centennial Drive as a collector rather than as resi-
dential streets.
f. 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.
g. Street improvements shall not be installed until all utility lines
to be placed in the streets have been completely installed and all services to
individual lots have been installed from main utility lines to the property
line.
8. other Requirements.
In connection with a street improvement district (No. 72), the City will
improve Lemay Avenue up to the north and south boundary of the subdivision and
will also improve Lemay Avenue on the west side adjoining the subdivision.
Improvements to be installed by the City consist of asphalt pavement, curb,
gutter, sidewalk and street lighting. The new street as installed will be
aligned with a centerline located ten (10) feet west of the section line. It
is agreed that it is the Developer's obligation to pay the cost of one-half
(1/2) of the street improvements (less City participation) and, therefore, the
Developer is obligated to reimburse the City for the cost of installing ten (10)
feet of the asphalt pavement and allied base material and excavation work.
Developer agrees to reimburse the City for this cost with such reimbursement
to be made within thirty (30) days after installation of the street improvements.
Some lots in the subdivision abut on the rear to Lemay Avenue. Normally
a certificate of occupancy would not be issued for structures erected on these
lots until the street improvements to Lemay Avenue were completed. The City
agrees not to withhold certificates of occupancy because of failure to complete
the improvements on Lemay Avenue, provided the Developer is not in default on
any provision of -this agreement relating to the improvements to be made to Lemay
Avenue.
9. Miscellaneous.
a. This agreement shall be binding upon the parties hereto, their
heirs, personal representatives and assigns.
b. Nothing herein contained shall be construed as a waiver of any
requirements in the City Subdivision Ordinance or any other provision of the
City Code and the Developer agrees to comply with all requirements of the same.
ATTEST:
City Clerk lief, " -6y
re on oj,--Engineering Services
City Attorney
THE CITY OF FORT COLLINS, COLORADO
BY
City Manager IJ
a,/ ';;� Z_'_'4� , 7
De el r Title
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EXHIBIT A
1. Schedule of water lines to be installed out of sequence.
Water lines shall be installed such that any two fire hydrants are not on
a common line which does have a two directional feed from the City's
distribution system.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Non applicable.
3. Schedule of street improvements to be installed out of sequence.
All of Centennial Road shall be completed prior to September 1, 1978.
All improvements on Lemay Avenue, as indicated on the utility plans, shall
be completed within 60 days following completion of street improvements
by the City for Lemay Avenue. Should inclement weather exist, said construc-
tion may be delayed to the Spring of 1978. In any event said improvements
shall be constructed prior to June 1, 1978.
All other streets shall be completed no later than Jury 1, 1982.