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Home My WebLink AboutSCOTCH PINES SIXTH - Filed OA-OTHER AGREEMENTS - 2004-02-10AGREUI ITT THIS AGPJ7011i1fF is nade and entered into this��day of A.D. 19 by and Uctw_cii Z'EE CITY OF FORD COLLINS, COLORADO, a melliieipal cor_lx ration, hereinafter Formtimes designated as the "City", and H.C.I., Inc. ___ — hereinafter design, I as th^_- "Developer WI1'NTESSET11: WHEREAS, is the ounler of: SCOTCH PINES, SIXTH FILING situate in the northwest 1/4 of Section 25, T 7 N, R 6 9 W of the sixth P.M. , Fort Collins, Colorado, nore 1»r1_icul.arly descrilxxl on the sutxlivi.sion plat me :File in the City Pingincer's office and by this reEer_ence made a part hereof; and i,VIILR1AS, F,velopc,r_ desires to develop said property as a multiple family s:ulxlivi.sion and has sri)lnittcxd 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 WIlEREAS, 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 ].ands to be developed and not to the City of Fort Collins as a whole; and NOW, THUREGORE, in consideration of the premises and the terms and conclitions herein sLaUA nd for other valuable consideration, t e adegi,acy of which is acknowledged by Uie parties hereto, it is agreed as_follnws: 1. Except as otherwise herein specifically agrccl, the Cx,veloper agrees to install and pay for all utility lines, storm drainage facilities, streets and otlier iunicipal=acilities necessary to serve the lands described on the saklivision plat. 2. 6oator Lines. a. Develop>r 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 oDnnecting the subject property to the e.cisting City water distribution system. b. Such water linos shall be installed in full compliance with the standard spccifi.cations of Uie City on file in the office of the City Engineer relating to the installation of such lines c. Devclo1x�r agrees to complete the installation of said lines no later than December 1, 1978. d. Developer understands and agrees that no building permit for any structure in the sutylivi.si-on shall be issued by the City unA L'the fire hydrant serving such structure is installed and accepted by the City e. All of said lines shall be installed at the sole e.cpense of. the Developer.• f. The installation of said lines shall be inspected by the Engineering Services Department of the City and shall he 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 completC'( 1 and approved within the time set- forth above, the City shall have the right be 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 Col_lcction Lines. a. The Deve�loper agrees to install all sanitary sewer collection lines_. sho�,nl on the utility plans whether the same be on or oft the subject property- b. Such sanitary sewer lines shall be installed in full compliance with the standard'sp2cifications of the City on file in the office of the City Engineer relatincp to the installation of such lines. c. Developer nlrces to complete the installation of said lines no later than December 1; 1978. d. Develolx?r understands and agrees that no building permit shall lx issued by the City for any structure in the sulxlivi.sion tultil 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 le inspected by the Engineering Services Department of the City and subject to such depar w nt's approval. Developer agree- to correct any deficiencies in such installation in order to meet the r_ecuireznents of the plans and the specifications applicable to such installation. In the event such installation is not cogAetcd 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 maiulcr 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 di.strikukion 7_incs and Facilities required for the subject property and Clio Developer shall pay for such work in accordance with the estahlished charges OF the Light alrrl Po�,nr Department lights required for tie development Such installation shall include all street 5. Storm Sewer Lines and Facilities. a. The DevoloCr_r shallinstall all storm sewer lines and facilities shown on the utility plans. b. Such storm sewer lines and facilities shall lx installed in full compliance wLth UZe standard specifications of the City on file in the office of the City Engineer ralating 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 develotxnent so as to assure that tJio health, safety, welfare, and property of the City and citizens is safequarcled 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, qhe installation of all of such lines and facilities shall be nspecte!] by the Engineering Services Department of the City and sha11 be subject to such departeient's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of tie plans and the spcci[icatiolr; applicablc to such installation. In the event such instillation is not completed and approvLxd within the time sot forth abivc, the City shall have the right Lo.cause such additional work to he done as it- do_uns necessary to complete. the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work. -4- b. Streets. a. The Developer agrees to install all street improvements on Drake Road front the west lane of said development to Lemay Avenue, complete with asphalt paving, curb, gutter and sidewalks. Developer further agrees to install all street improvements for Scotch Pine Road as shown on the utility plan. b. Such streets stall 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 conplete the installation of street improvements on tie south side of Drake Road from the west line of said development to Lemay Avenue no later than. September 1, 1977. Should the City Council initiate an im- provenent district to include these improvements prior to September 1, 1977, it is understood that the Developer would fulfill his obligations by participating in the district d. No building permit for the construction of any structure in the sub- division shall be 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 be inspected by the Engineering Services Department of the City and subject to such department's approval. ueveloper 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 tie event the improvements are not completed and approved within the time set fortis 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 satis- factory 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 Improvement Districts. - 5 - f. Street Improvemeiits shall not be installed until all utility lines to L)e 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.. 'rids ayree:nent shall be binding upon the parties hereton, their heirs, personal representatives and assigns. IN WIT1U:.SS WHuwF, the parties hereto have caused this agreement to be signed tile day and year first hereiralove written. ATTEST: D City Cleric APPROVED: - 6 - THE CITY OF FORT COLLINS, COLORAEO By J�L , j f - City manager