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Home My WebLink AboutSOUTHMOOR VILLAGE SIXTH - Filed OA-OTHER AGREEMENTS - 2004-02-2011GREL:If Nf 9111S 71GRI:L74[S71, is made and entered into this /% _clay of � m&-r, A.D. 1.99& , by and between TILE CITY OF FORT COLS,TNS, COEO[1DO, a municipal corporation, horeinafter sometimes designated as the ."City", and Everitt lint(,rprises, Inc. hereinafter designated as the "Developer", 1JPUN1FSSi,'P1 1 . wflERp,As, Developer is the owner of: S0I1THK)0R VILLAGE, SIXTH FILING, being a replat of part of Tract ".l" of 5011thmoor Village, Third 1'iling, situate in the east 1/2 of section 25, T7N, R69[d of the sixth P.H., City of Fort Collins, County of Larimer State of Colorado, cmre particularly descrilx--J on the subdivision plat on file in the City PYrgineer's Office and by this reference made a part- hereof; and WHEREAS, Developer desires to develop said property as a residential subdivision and has sul]rnitted to the City a uti]_it,y 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 miERF,AS, the parties hereto have agreed that the develoiinant of said lands will. require increased municipal services from the City in order to serve such area aid will further require the installation of certain improvenyants primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and N(7v1, 1'lIEI2L'.P'OR1�;, in consideration of the pi emi.ses and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is aclaiowle<lgcd by the parties hereto, it is agreed as follows: 1. L:xcept as otherwise herein specifically agreed, the Ieveloper agrees to install. and pay for all utility lines, storm drainage facilities, streets and other m-micipal taeilities necessary 'n 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 roquirements 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'ii full conj),liance 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 miplete the installation of said lines no later than within two years of the day and year first herein above written. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City iuiti.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 expense of the Developer. f. The installation of said lines shall be inspected by the Engineering Services Dcpartment 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 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 complete the IPM installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 3. Sanitary Sewer Collection Lines. a. I'lle Developer agrees to install all sanitary sew r collection lines shoom on the utility plans whether the same be on or 'off the subject property. b. Such sanitary se cr lines shall be installed in full cog3liance with Lhe standard specifications of the City on filee in the office of the City Engineer relating to the installation of such lines. c. Developer agrees to complete the i.nstallaLion of. said lines no latter than w.i-thin two years of the day and year first herein above written. d. Developer wnderstands and agrees that no building permit shall be issued by the City for any structure in the suhclivision 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 detxartlrnt's approval. Developer agrees to correct any deficiencies in such installation in order to nx et 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 c,urk to be clone as it deems necessary to complete the installation in a satisfactorymannermanner and the Developer shall be liable for the costs of such additional work. so 4. Electric Lines and Facilities. a. Phe City Light and Power Department shall install all electric distribution lines and facilities required for the subject proL r.Ly and the Developer shall pay for such work in accordance with the established charges of the Light- and Fower Department lights rcctuirexi for the de,,relopment. Such installation shall include all street 5. Stoiin Sewer Lines and Facilities. a. The Peveloper shall install all storm sewer lines and facilities shown on the utility plans. b. Such storm sevx r lines and facilities shall be installed in full coaVliance with the standard specifications of the City on file in the office of the City Encjinecr relating to the installation of such lines. C. Dcvcloper agrees to coWlete the installation of said lines and facilities in an orderly fast -Lion during the process of devcLopmea-It so as to assure that the health, safety, welfare, and property of the, City and citizens is safeguarded and protected through the prolx�r control and drainage of storm waters. d. all of said lines shall he installed at the sole expense of the Developer. e. The installation of all of such lines and facilities shall be inspected by the Engineerinq Services Department of the City and shall be subject to such departm 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 Uie event such installation is not coTiT)leted 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 manner and the Ik veloper shall be liable for the cost of such additional work. M 6. Streets. a. the Develolx_,r 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 standard specifications of the City on file in the office of the City ingineer relating to the installation of such lines. c. Developer agrees to conpletc the installation of street- iny?rovEffWnts no later than w-[.thin Lwo years of the day .and year first herein. above written. cl: No building 1_)esmit 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 n q�rovecl with at least the gravel base rec{aired. e. The installation of all streets shall be inspected by the Engineering Services Department of the City and subject to such department's approval. Developxr agrees to correct any deficiencies in such installation in order to meet the roquirenxsnts of the plans and the specifications applicable to such installation. In the event the improvements are not completed and approved within the Iinm set fortjn alxDve, the City shall have the right to cause such additional vx)r_k 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 c,urk, including all normal_ charges made by the City for financing, engineering, publication, legal and iriscellaneous on City Special Street llnprovem nt Districts. f. Street InT)rovcsnents shall not be installed until all utility lines to be placed in the street have been conTDIetel.y installed act all services to individual lots have been installed from main utility lines to the property line. g. All of said streets shall be installed at the Developer's expense, except that the City shall pay for that extra expense caused by Lemay Avenue being improved as an arterial rather than as a residential. street. -5- 7. Outer Requirements. The Developer agrees that before a certificate of occupancy is released on any structure ,rithin said subdivision the detention Pond and all drainage facilities within the detention pond shall be constructed and approved by the City Engineer. This agreemeriL shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WTIMSS W[iERMF, the parties hereto have causctil this agreement to be signed the day and year first hereinabove written. THE CITY OF FORF COLLINS, C'OLORADO Py City Clerk b Cit} DlanagEr APPROVED: '` Dic'taa" of Fngineering,-".�c-.rvi_ces City ALLorney V4.�- PU4 Dev oI� r Title m