The URL can be used to link to this page

Home My WebLink AboutEVERGREEN PARK THIRD FILING - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31UTILITY A�;RL:13-nSf THIS AGREL' 1UU is made and entered into this %5f day of Decem er . A. D. 1977, by and between 'DIE CITY OF FORT.COLLINS, COLORAbO, a municipal cor- noration, hereinafter sometimes designated as the "City", and Evergreen Park 2, hereinafter designated as the "Developer", WITNE.SSETH : WHEREAS, Developer is the owner of certain property situate in the County of Larirrer and State of Colorado and legally described as follows: EVERGREEN PARK THIRD FILING being a portion of the east half of Section 1, T 7 N, R 6 9 W of the 6th P.M. , City of Fort Collins. WhTREAS, 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 Develop,ent), a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and t =zzP S, Develop r has further submitted to t:e City a utility plan for said lands, a copy of %-.hi.ch is on file in the Office of the City Engineer and by this reference made a part hereof; and i= tie parties hereto have agreed that the develor:nr- nt of said lands will re,;Liire increased ramicipal services from the City in order to serve such area and ,.:ill further require, the installation of certain improvernci-its primarily of benefit to the lands to be developed and not to the City of fort Collins as a whole; and I•;rrF:RF_AS, the City has approved the subdivision plat (an,] site plan 'whexe applicable) submitted by the Developer subject to certain requirements and conditions Vnich irnroi ti installation of and const = 3n of utilities and other municipal inprov�-rents in connection with said lands. ,]0:9, nE-REFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, t>>e adL-quacy 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 v---thin the subdivision. 2. Water Lines. a. Developer agrees to install all -rater lines as s'rro�%n on the utility plans in accordance with the ram,;rements and as shown on said plans, whether such lines are actua-lly on the property, bordering tine 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. Develcper understands and agrees that no building pernut for any structure in the subdivision shall be issued by the City until the eater line and the fire hydrant serving such structure is instal] c-J a) ,] 1cccp'. ed by t is City. d. pny water lines described on Exhibit A, attache3 hereto, shall be installed within the time required on Exhibit A. If the City Digincer determines that any lines sho,,,n on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the tLm-- determined by t:-ie City Engineer. -2- I e. All of i 7 es shall Lr installed at e le exIDense of the Developer. I 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. 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 prop`rty. 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 p: t shall be issued by the City for any structure in the subdivision until the sanitary ses;er line serti,ing such structure is installed and accepted by the City. d. Any sar7itary sc^:er lines described on F�hibit A, at-tached hereto, shall be installe3 within the tirre required on E:..hibit A. If the City Engineer determines that any lines shown in the utility plans are rcq-1ired to provide service to other areas of the City, those lines shall he installed within the time determined by the City Engineer. -3- e. All of said lines shall be installed at the s.,-e 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. 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_ 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 within Tract 'C' prior to the City releasing building permits for any structure wl—J-in the subdivision. 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. 0 -4- d. All of said facilities shall be installed at the sole expensc 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 departrre-nt's approval. Developer agrees to correct any deficiencies in such installation in order to nnet the requires-ents of the plans and the specifications applicable to such installation. 6_ Streets. a. The Developer agrees to install all streets shmm on -the utility plans, complete with pavin:T, curb, cjutter 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 Ln,7ineer relating to the installation of such streets. c. No building permit for the construction of any structure in tl,e subdivision shall be issued by the City until the street providing access to the structures is with at least the gravel base rc-Tuired- FLi-thcrnnre, no building p--,I-mit shall 1--- issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Ex'zi.bit A, attached hereto, shall be co=, Ietely installed within the time required on Exhibi L- A. If -the City Engineer determines that any streets sho-v.-n on the utility plans are regaired to provide access to other areas of the City, those streets shall be installed within the time required by the City Engineer. -5- I e. All of saia sti-zts shall be installed at ,nc ale expense of the Developer. 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 .uTiprovements shall not be installed until all utility lines to be placed in the streets have been cerrpletely installed and all services to individual lots have been installed from main utility lines to the property line. 7. other Requirements. a. The Developer_ further agrees to participate in the improvements for North Lemay Avenue adjacent to the subdivision. Said improvements shall be equal to an equivalent residential specification street for Lemay Avenue and shall be one -forth (1/4) of the total cost to construct a bridge for North Lemay Avenue over the Lake Canal locate3 near the south boundary of the subdivision. b. Said bridge shall be completed no later than within two years fol- la.aing completion of agreem-.nt betv.een the Ditch Co:rpany and the City relative to the crossa.ng. C. To insure Developer's perfo--7=ce under this agreement, Developer has provided the City a satisfactory surety bond in the amount of $15,000 condi- tic: -,a on D`velopar's full P22:forrance or his obligations hereunder and payment by the I}�velop r of the cost of installing all improve. -rents required to be paid for by the Developer. s . 17iscellaneous . a. This agreeirient 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 A IM. ,-ion of the ordinance or any ot„ei Novi r�ir�its in the Cit}' S,yhdivision Ordin � Of the same'. e Developer agrees to cornplY with all require City Code and vPAW THE CITY OF FOIC COLLIl�S� �� ity� Clerk APPIDVID: of Fger g Services Dire 11 ,r m G 1 r Title Devel -7- P K a A Fri iI LIT A 1. Schedule of water lines to be installed out of sequence. Nonapplicable. 2. Schedule of sanitiu-y sewer lines to be installed out of sc-rluence. Nonapplicable. 3. Schedule of street improvements to be installed out of sequence. Nonapplicable. I Date -r ADDENDUM NO. 1 The Subdivision Agreement for Everqreen Park, 3rd Film dated December 15, 1977, between Evergreen Park 2 and the City of Fort Collins, Colorado is hereby amended as follows: Paragraph 7a is expanded to include the following sentences: North Lemay Avenue irVrovements to be constructed at the sage time as improvements for North Lemay Avenue within Evergreen Park, 2nd Filing, and Creenbriar P.U.D., the improvements to Imay Avern!e within all three sutxlivisions shall be completed prior to January 1, 1982. The City agrees to coordinate these improvements with all three developers involved to extend to them as much notice as is reasonably possible. THE CITY OF PORT COLLINS, COLORADO By City Manager City Clerk -� APPROVFD: i cA Dir o(r of Public V rks City Attorney EVERGR= 2) eL Title Title