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HomeMy WebLinkAboutTHREE M SECOND - Filed OA-OTHER AGREEMENTS - 2004-03-03UTILITY AGRElin4= 71IIS AGRE=H is made and entered into this _ a / day of A.D. 1977, by and between TfIE CITY OF FORT COLLINS, comfC2AD0, a municipal corporation, hereinafter sometimes designated as the "City", and Erma L. Devers hereinafter designated as the "Developer", WITNESSLTH: mlIRFII.S, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: TIIRGE M SUBDIVISION, SECOND FILING situate in the NWn of Section 16, 1'7N, R 6 9 W of the 6th P.M., Fort Collins, Colorado. WHEREAS, Developer desires to develop said property as a residential. sub- division and has submitted to the City a subdivision plat, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WI12RL71.S, 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 WHEREAS, the City has approved the subdivision plat submitted by the Devel- oper subject to certain requirements and conditions which involve the installa- tion of and construction of utilities and other municipal improvements in connec- tion with said lands. NOW, TIIEREFOPE, in consideration of the premises and the terms and condi- tions herein state.: 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 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 within the subdivision. 2. Water Lines. a. Developer agrees to install all water lines in Rocky Road bordering the subject property- 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. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. A7.1 water lines shall be installed prior to August 1, 1978. e. All of said lines shall be installed at the sole expense 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 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 on Rocky Road bordering 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 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. -2- 1978. d. All sanitary sewer lines shall be installed prior to August 1, e. All of said lines shall be installed at the sole expense of 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. Streets. a. The Developer agrees to install street improvements on Rocky Road bordering the subject property, complete with 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 Engineer relating to the installation of such streets. c. 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. d. All street improvements shall be installed prior to August 1, 1978. e. All of said streets shall be installed at the sole 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. -3- g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 6. Miscellaneous. a. This agreement 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 requirements in the City Subdivision Ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. MT1'ST: Cl� 4't-e City Clerk 1)e p 4 fr/ APPROVLD: i ./ . Direr%pf Lrigirieeri Services City Attortcy TIIE CITY OF FORT COLLINS, COLORADO Developer Cite Manac r SE