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HomeMy WebLinkAboutWESTGATE FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-15AGREEMENT THJS AGREEMENT, is made and entered into this 309day of September, 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter designated as the "City", and ALVIN L. MILLER AND E10 P. MI'_LER TRUST, hereinafter desingnated as the "Developers". WITH SSETH: WHEREAS, the Developers and the City have previously entered in agreements, true and correct copies of which are attached hereto and ;ncorporated herein by this reference, for the development of WESTGATE SUBDIVISION, FOURTH AND FIFTH FILINGS; and WHEREAS, as a part of the development of the aforesaid filings, it is necessary to provide for detention storage for storm water runoff; and: WHEREAS, the aforesaid agreements address the necessity of provision for detention storage for storm water runoff from the aforesaid filings, det-ntion storage has now become difficult for the developers to provi�.e in the volumes as contemplated in the aforesaid agreements; and ttNE3t.AS, construction and development within these filings has con- tinued and the Developers intend to continue development in the future with all d.ie expedition in accordance with market demands as dictated by the state of the economy; and WHEREAS, the cost of providing the detention storage for storm water runoff adjacent to the aforesaid subdivisions as contemplated and required by the original agreements, copies of which are attached hereto, has exceeded that. which was originally anticipated by the Developers and the City; and WHEREAS, in order to expedite the completion of construction of the aforesaid detention storage facilities for storm water runoff at the earliest possible time and accommodate the Developers in connection with the cost of said development, the Developers and the City wish to revise tap: portions of the aforementioned agreements relating to Storm Sewer Lines and Facilities as provided herein below. NO'a', THEREFORE, in consideration of their mutual promises and of the MIIFIIT A Schc_Ic3ule of water lines to be installed) out of sequence. NOP APPLICABIF 2. Schedule of sanitary sewer lines to be installed out of sequence. PdMI ZPPLICABLE Schedule of street improvements to be installed out of sequence. NNOT APPLICABLE SUBDIVISION AGREEY= ,1111S is maTiand entered into this �� _ L __ day of 1 � _. A.D. 197i 1, by and betcaeen TftE CITY OF IY)FT COLI,T2vS, COTf-)RADO, a imunicipal corporation, hereinafter sometstas designated as the "Cit,", and Alvin L. Miller and Enid P. Miller Trust hereinafter desigryated as the "Developer", ;'HER AS, Develops is the owner of certain property situate in the County of iariin?s an3 State of Colorado and legally described as follows: WE5`IG:4rE, FIFIii FILING,' situate in the Northeast 1/4 of Section 20, TtAmship 7 North, Range 69 West of the Sixth P.M., City of Fort Collins. IN7TLRE-rL-,, Developer desires to develop said property as a "residential subdivision and has suhr tied to the City a subdivision plat (and a site plan of said pro_r�rty is to be developed as a-Pla s Iopnrnt), a copy of whi_cI: is on file in the Office of the City Engineer and by this reference trade a part hereof; ' and WHER-PAS, Developer has further submitted to the City a utility plan for said lands, a Dopy of which is on file in the Office of the City Engineer 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 Y,enefit 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 (and site plan ubere applicable)-sulanitted by the Developer subject to certain requirements and conditions which invoT _ the installation of and cons' ction of utilities and other muunicipal improvcirents in connecti-on with said lands. Nag, Bjcpiif-,cas, in consideration of the preii6ses and the terns and conditions herein stated and for other valuable consideration, the adequacy of which is ac}ncwlerlged by the parties hereto, it is agreed as follows. 1. Except as otherwise herein sp�cjfically 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 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 he 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. Any water lines described on Exhibit A, attached hereto shall be installed within the time re quires --red on Exhibit A. If the City Engineer determines that any lines shouwan on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the tine determined by the City Engineer. -2 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 Public pDr'Ks-Dcp-u:tm-nt_ 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 rreet 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 shcnan on the utility plans, whether the sore 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 understands and agrees that no building permit shall be issued by the City for any structure in t:he subdivision until the sanitary sewer line serving such strucbire is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the titre required on Exhibit A. If the City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the titre determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer -3- f. The vlst4-.ation of said lines shall be ii_pxted by the Public 4 rks Ik .art of the City and to such de par approval. Developer zsgrees to correct any deficiencies in such installation in order to meet the rc n.nirem nts of the plans and the specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Ilcraer Department shall install all electric distribution lines and facilities required for the subject pr,ipe and the Developer shall pay for such work in accordance with the established rty charges of the Light and Power Department. street lights required for the development. 5. storm Sewer Lines and Facilities. Such instaLxition shall include all a. The City has determined there is a need for on -site storm runoff detention for the Westgate development, and that the most practical location of said detention facilities is inu)ediately north of Banyon Drive as platted in the Westgate, First Filing. The City agrees to make every effort to acquire the necessary land within six months after plans for said detention facilities have been approved, which plans shall be submitted by the Developer. Such plans shall be designed so as to provide adequate detention facilities for the Fifth Filing of Westgate Subdivision and for that property owned by the Developer which shall be platted as future filings of Westgate Subdivision. The Developer agrees to reimburse the City for all expenses related to the acquisition of said land. b. Developer agrees to install said detention facilities prior to January 1, 1980. c. All of said detention facilities shall be constructed at the sole expense of the Developer. d. All of said facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. Such detention facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer -4- r iatine? to theth,r insta-Li, -ion of such facilities. Dxr, the installation of all uc facilities shall be inspected by the Public Fbrks Departnrnt of the City and -subject to said deprtnrant's approval. Developer ag-rees to correct any akefi.ci(,ncies in sLich. installation in order to meet the requirenrnts of the plans an3 spcifications applicable to such installation. C. Streets. a. The Developer agrees to install all streets shown on the utility plans, cr,TTg:)lete 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 time installation of such streets. c. No Wilding permit for the construction of any structure in the sub- C,ivision shall be issued by the City until the street providing access to the structure. Is improved with at least the gravel base required. Eli.rther7mre, no building permit shall be issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be comletely installed with the tip required on Exhibit A. If the City Engineer determines that azay streets shown on the utility plans are required to provide access to other areas of the City, those streets shall he installed within the tire required by the City Engineer. e. All of said streets shall be installed at the sole expense of the Develo*x f. Developer agrees to correct any deficiencies in such installation in order to reet the req rements of the plans and the specifications applicable to such installation. g. street improvenents shall not be installed until all utility line. - to be- placed in the streets have been oouQletely installed and all services to -5- individual lots have x.• installed from mjin utility 1 es to the propexty line. h. Tl:e Developer agrees to pLrovide and install at his expense a3erjuate barricades, warning signs, or other devices on the dead ends of streets to be co;it_inued, unfini-shed crossings, and other sites designated by the City Engineer as areas rerjniring such measures to insure the public safety. 7. Other Requisenyants. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. vothing herein contained shall be construed as a waiver of any reciaire. tents in the City Subdivision Ordinance or any other provision of the City Cole and the Developer agrees to co;rply with all requirements of the same. APPR=: Dire r of Public_ Wo_rs . 411,,,rCity torney go ty Manager Developer Title 1. Schedule of water lines to be installed out of sequence_ Not applicable 2. Scheriule of sanitary sewer lines to be installed out of sequence. Not applicable 3. Schedule of street irprovements to be installed out of sequence. Not applicable :V • '�•17 1:1 THIS AGREfV= is made and entered into this 0 , /' day of A.D. 1979, by and between THE CITY OF FOIU COLLINS, COIORADO, a municipal corporation, hereinafter somethres designated as the "City", and Alvin L. Miller and Enid P. Miller Trust hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larin-er and State of Colorado and legally described as follows: WESTGATE, FIFTH FILING, situate in the Northeast 1/4 of Section 20, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins. A'HF.REAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a subdivision plat (and a site plan of said property is to be developed as a t), a Dopy of which is on file :in the Office of the City Engineer and by this reference made a part hereof;'and WHEREAS, Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer 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 he developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requirements and conditions which :inv.._ve the installation of and eor. ruction of utilities and other municipal 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 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 Dines. a. Developer agrees to install all water lines as shown on the utility plans in acoordanr_e with the requirements and as shown on said plans, whether such lines are actually on the property, bordering the property or on other ]ands 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 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. Any water lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. -2- premises and the terms and conditions herein stated and other good and valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: I. The Developers do hereby expressly agree to install detention storage facilities for storm water runoff in the Fifth Filing of Westgate Subdivision,said facilities to be constructed in such capacity sufficient to detain .98 acre-feet of water. Said facilities shall he installed at the sole expense of the Developers and shall be completed at the time of U q, completion of additional development in the Westgate Subdivision, Fifth Filing, Lots 5 through x17 The location of said facilities is more speci- Cl�11 fically described as outlined on Exhibit "A", attached hereto and incor- ( porated herein by this reference. Detention will be developed on -site on a lot by lot basis until the 0.98 acre-feet of storage has been provided. 2. The aforesaid storm water runoff detention facilities shall be desir'^ed and installed in full compliance with the standards and specifi- cations of the City relating to the installation of such facilities. Further, the installation of said facilities shall be inspected by the Public Works Department of the City and shall be subject to that depart- ment's approval. 3. Time of is of the essence hereof, and in the event that the Developer shall fail or refuse to construct said storm water detention facilities as aforesaid, the City may refuse to issue building permits or certificates of occupancy in the Westgate Subdivision, Fifth Filing, until such time as said detention storage faciliites are constructed as required herein; or take such other action as might be appropriate, including an action for special performance and/or breach of contract and damages. 4. This Agreement shall be binding upon the parties hereto, their heirs, successors, personal representatives, and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and executed the day and year first above written. THE CITY OF T OLLINS, `OLORADO By---- c,ty r�anag G- -- ATTEST: i 1 \ -2- 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 Public [,brks 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 rreet 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 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 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. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that: any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. e. AALl of said lines shall be installed at the sole expense of the Developer -3- f. The ins,_.blation of said lines shall be sspected by the Public Works Department of the City and subject to such department's approval. Developer agrees to oorrect 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 Departrrent 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. street lights required for the develogrent. 5. Storm Sewer Lines and Facilities. Such installation shall include all a. The City has determined there is a need for on -site storm runoff detention for the Westgate development, and that the most practical location of said detention facilities is immediately north of Banyon Drive as platted in the Westgate, First Filing. The City agrees to make every effort to acquire the necessary land within six months after plans for said detention facilities have been approved, which plans shall be submitted by the Developer. Such plans shall be designed so as to provide adequate detention facilities for the Fifth Filing of Westgate Subdivision and for that property owned by the Developer which shall be platted as future filings of Westgate Subdivision. The Developer agrees to reimburse the City for all expenses related to the acquisition of said land. b. Developer agrees to install said detention facilities prior to January 1, 1980. c. All of said detention facilities shall be constricted at the sole expense of the Developer. d. All of said facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. Such, detention facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer -4- relating to the into .ation of such facilities. FUr..er, the installation of all such facilities shall be inspected by the Public 'brks Department of the City and shall be subject to said department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and specifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, conplete with paving, curb, gutter and sidewalks. b. Such streets shall be installed in full copliance 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 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. Furthermore, no building permit shall be issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be completely installed with the tine required on Exhibit A. If the City Engineer determines that any streets shown on the utility plans are required to provide access to other areas of the City, those! streets shall be installed within the tine required by the City Engineer. e. All of said streets shall he 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. g. Street improveirnnts shall not be installed until all utility lines to be placed in the streets have been corrpletely installed and all services to -5- individual lots have en installed from main utility- lines to the Property line. In. The Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such Treasures to insure the public safety. 7. Other Req irements. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Notl-Ling 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 t?Te Developer agrees to comply with all requirements of the same. ATPFST City Clerk APPR=: DitOctdr of PPubl_�c Xs c r/ City Attorney THE OF FORT ODLI;INS, COIDRADO ity Manager Developer Title EXHIBIT A 1. Schedule of water lines to be installed out of sequence. Not applicable 2. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable 3. Schedule of street improvements to be installed out of sequence. Not applicable APPROVE: -� i VTF gar of-EngTi eer��crvices APPRO�ED AS TO FORM: sv,tant�Atto, ney ALVIN L. MILLER AND ENID P. MILLER TRUST BY Alvin L. Miller, Tru te5 e -3- ni . eer, rustee k SUBDIVISION AGREIT�7 C THIS AGRF -MF:NT is made and entarcd into this day of i., A.D. 1978, by and ]xtWeen 'PHE CITY OF FORT WLtiItdS, CO owM, a municipal corporation, hereinafter sometimes designated as the "City", and A vin I.. Miller and F yid P Mi11Fr mnict hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the o:.mer of certain property situate in the Count,, of Izrimer and State of Colorado and legally described as follows: WESTGATE, FOURTH FILING, situate in the Northeast 1/4 of Section 20, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins W:^�REAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a subdivision plat (and a site plan of said property is to be developed as a Planned Unit Development), a copy of which is on file in the office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer 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 WHEREAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requirements and conditions which inv4 the installation of and corisG .cLiou of utilities and other municipal :improvenrnts in connection with said lands. N31, TBEVi- ORE:, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acl,nowl(:dged by the parties hereto, it is agreed as follows: 1. Except as othenaise 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 Lanes. a. Developer agrees to install all water lines as shown on the utility .tans in accordance with the requirements and as shown on said ;"..ans, whether Bach lines are actually on the property, bordering the property or on other -Lands connecting the subject property to the existing City vater 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 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 '_.sued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the city. d. piny water lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. if the City Engineer determines that any lines shown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the ti— dete.nined by the City Engineer. -2- e. All of said lines shall be installed at the sole ex[r_nse of tyre f. The installation of said line shall be inspected by the Public `corks D,partment: of the City and shall be subject to such department's ap- rova_. Developer agrees to correct any deficiencies in such installation in ,r({er to :_,,et the requirements of the plans and the specifications applicable o such installation. Sanitary+ Sewer Collection Lines. a_ The Developer agrees to install all sanitary sewer collection '.:fines shown on the utility plans, whether the same be on or off the subject Droperty. 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 r',,ig:neer 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. d_ Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. if the City Engineer determines that any lines shown in the utility plans are required to prow de service t:o other_ areas of the City, those lines shall be installed within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Dz=veloper. -3- f. The. installation of said lines shall be inspected by the i'ublic Works DepartmOnt of the city and subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to �;�et the requirements of the plans and the specifications applicable .to well installation. 4. Electric Dines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the cm.��je:t property and the Developer shall pay for such work in accordance with Cie established charges of the Light and Power Department. Such installation Shall include all street lights required for the development. 5. Storm Sewer Lines and Facilities a. The City has determined there is a need for on -site storm run-off detention for the Westgate develoFcnent, and that the most practical location of said detention facilities is immediately north of Banyan Drive as platted ir. the Westgate, First Filing. The City agrees to make every effort to acquire the necessary land within six months after plans for said detention facilities have been approved, which plans shall be submitted by the Developer. Such plans shall be designed so as to provide adequate detention facilities for the ;u Fourth Filingl of Westgate Subdivision and for that property owned by the Developer which shall be platted as future filings of Westgate Sub- division. The Developer agrees to reimburse the City for all expenses related to the acquisition of said land# bkWOMM VL (/ k V b. Developer agrees to install said detention facilities prior to January 1, 1980. c. All of said detention facilities shall be constructed at the sole expense of the Developer. d. All of said facilities shall be constructed in an orderly fashion, as determined by the city Engineer, so as to prevent damage to other utilities Asa streets, curb, gutter, sidewalks, and all adjacent properties. e. Such detention 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 facilities. Further, the installation of all such facilities shall be inspected by the Public works Department of the City and siiil.l 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 specifications applicable to such installation. 6. Streets. a. '.['he Developer agrees to install all streets shown on the utility plans, 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 re- lating to the installation of such streets. c. No bailding permit for the construction of any structure in the subdivision shall be issured by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be completely installed with the time required on Exhibit A. If the City iE�ngineer determines that any streets shown on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the time required by the City Engineer. e. All of said streets shall be intalled 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. 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 -5- individual lots ha\ line. 'Deen installed from nain utili e. lines to the property h. The Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be cnntinuad, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure tha public safety. 7. other Rc-iiscirnnts. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained small be construed as a waiver of any requirements in the City Subdivision ordinance or any other provision of the City Code and t-ie Developer agrees to comply with all requirements of the same. THE CITY OF FORT COT_d.INS, COLORAM Ac I i r 9 City A a er C ATTEST: � ytay Clerk I7irec �_of /o Public P.o s . Cit Attorney Developer Title IM