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HomeMy WebLinkAboutSOUTHMOOR VILLAGE EAST SECOND - Filed OA-OTHER AGREEMENTS - 2004-02-20APVVWMRNT THIS AGREEMENT is made and entered into this 22nd day of -'nnc, A.D. 19 76 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Everitt Enterprises hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of Southmoor Village East, Second Filing, situated in the County of Larimer, State of Colorado, more particul.arl.y 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 resident- ial subdivision; and WHEREAS, Developer has submitted 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 ].ands 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 WHEREAS, the City's planning and zoning board has approved the plan submitted by the Developer subject to certain requirements and conditions which involve the installationsof and construction of utilities and other mucicipal improvements in connection with said lands. 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 specified agreed, the Developer agrees to install and pay for all utility necessary to serve the lands des- cribed on thesubdivision plat. 2. ?dater Lines. a. Developer agrees to install all water lines as shown on the utility plan in accordance with the requirements and as shown on said plan, 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 no later than within one year of date first hereinabove written. d. Develper 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. e. All of said lines shall be installed at the sole expen- se 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 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 installation in a satisfactory manner and the Developer shall. be liable for -he 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 plan, 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 no later than within one year of the date first herein above written. d. Developer understands and agrees that no building permit shallbe 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 in- stallation 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 installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 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 develop- ment. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plan. 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 said lines and facilities in an orderly fashion 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 control and drain- age of storm waters. d. All of said lines shall be installed at the sole expense of the 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 subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the require- ments of the plans and the specifications applicable to such installation. In the event such installation is not completed and approval 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 .sati.sfactory 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 complinace with the standard specificiations 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 street improvements prior to the issuance of a Certificate of Occupancy for any structure within one year of the date first hereinabove written. 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. e. The installation of all streets shall be inspected by the Engineering Services Department of the City and subject to such depart- ment's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specif- ications applicable to such installation. In the event the improvements are 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 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 Improvement Districts. f. 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. g. All of said streets shall be installed at the Developer's expense except that additional expense to improve Lemay Avenue as an arterial street rather than a residential street shall be paid by the City. 7. Sidewalks. a. The Developer agrees to install a 7-foot wide meandering bicycle -pedestrian walk along Lemay Avenue for the entire frontage of the development. b. Said sidewalk shall be completed Prior to the issuance of a Certificate of Occupancy for any structure within the subdivision or within one year of the date first hereinabove written. c. All sidewalks shall be installed at the Developer expense, except any width in excess of 4-feet shall be paid for by the City. 'Phis 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 he signed the day and year first hereinabove written. THE CITY OF FORT COLLIN, COLORADO ATTEST: Citv Clerk' City Manager APPROVED: Director of Community Development Department CLty Attorney