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HomeMy WebLinkAboutSTONEHENGE SECOND - Filed OA-OTHER AGREEMENTS - 2004-02-27AGRE12,11 PP THIS AGRE ENT is made and entered into this — " day of A.D. 19-760 by and. between TILE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Mees, Ltd. a Limited Partnership hereinafter designated as the "Developer", WI7NESSETII : mjEREAS, Developer is the owner of: Stonehenge, Second Filing, situate in,the north 1/2 section 19, TH , R684 of the 6th P.M.', City of Fort Collins, County of Larimer, State of Colorado, more particularly described on the subdivision plat on file in the City Engineer's Office and by this; reference made a part hereof; and WHERF:A.S, Developer desires to develop said property as a residential subdivision and 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 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 NOW, T1173REFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledges] 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 mwzicipal facilities necessary to 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 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 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 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 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 expense of: the Developer. f. The :installation of said lines shall be inspected by the Engineering Services Departir"it 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 -2- installation in a satisfactory manner and the Developer shall be liable for the 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 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 agrees to complete the installation of said lines no later than within one year of the day and year first herein above written. d. 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. 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 reguirements of the plans and the specifications applicable be 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 the costs of such additional work. -3- 4. Electric Lines and Facilities. a. 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 lights required for the development. Such installation shall include all street 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 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 drainage of storm waters. d. All of said lines shall be installed at the sole expense of the Developer. e. The anstallation of all of such lines and facilities shall be inspected by the Ingineering 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 io 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. N 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 compliance with the standard specifications of the City on file in the office of the City L7rigineer relating to the installation of such lines. c. Developer agrees to complete the installation of street improvements no later than within one year of the day and year first herein above written. l: 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 depart rrent'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 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 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. 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 uti.lity lines to the property line. -5- 7. Other Requirements. None. Ills agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WIJERF,OF, the parties hereto have paused this agreement to be signed the day and year first hereinabove written. ATPSST: YZ-Cer �Ck APPROVED: T11F CITY Or FC)RII COLLINS, COLORADO y - Ci ty manager Director of Engineerit_ Services ,_� City Attorhey,,7� Developer Titl -6-