Loading...
HomeMy WebLinkAboutSTRACHAN SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2008-07-21L *r/ UTILITY AGREEMENT THIS AGREFNIENTNT is made and entered into this XO% day of A. D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal cor- poration, hereinafter sometimes designated as the "City", and H.C.I., Inc. hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: STRACHAN SMDIVISI(V, SEOOND FILING, being a replat of Lot 1, and a part of Lot 2, Strachan Subdivision, First Filing, and a part of the southwest 1/4 of Section 25, T 7 N, R 69 W of the sixth P.M., City of Fort Collins. WHEREAS, Developer desires to develop said property as a commercial sub- division and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Developr-ent), 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 submidtted to the City a utility plan foz said lands, a copy of which is or, 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 developme L of said lar :s will require increased municipal services from the City in order to serve suc area and will further require the installation of certain improvements primzrl'y of benefit to the lands to be developed and not to the City of Fort Collins a - a whole; and WHEREAS, the City has approved th6 subdivision plat (and site plan k%ficre applicable) submitted by the Develcper subject to certain requirements and %W '"d conditions which involve the installation of and construction of utilities an other municipal i iprovmmts in connection with said lands. NCW, THEPEFOI E, in consideration of the premises and the terms and conditL 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 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 lams connecting the subject property to the existing City water distribution ti 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. The City agrees to issue building permits for structures within the subdivision upon the Developer's completion of installation of fire hydrants at the southeast corner of South College Avenue and Monroe Street and at the south- west corner of Plaza Drive and Monroe Street. All other waterlines shown on the utility plans shall be completely installed by the Developer within three months following the date which a building permit is issued by the City for structures within said subdivision. In any event all water mains shall be completely installed within eighteen months of the date of this agreement. -2- %W .190 d. All of said lines shall be installed at the sole expense of the Developer except that the City shall pay that additional cost to install a 20- inch main rather than a 12-inch main on Horsetooth Road. Developer agrees to ask for alternate bids for the 12-inch main, and the lowest bid received shall serve as a basis for calculating the amount of costs to be borne by the City. e. 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 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. The City agrees to issue building permits for structures within the subdivision prior to the installation of the sanitary sewer mains. However, Developer agrees to install all of said sanitary sewer mains within three months following the date which a building permit is issued by the City for structures within the subdivision. -3- %W .%e 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. Storm Sewer Lines and Facilities. a. The Developer shall install all s':orm 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 detention facili- ties prior to occupancy of any structure constructed on said lands. All of said lines and 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. In rW *40 any event, all of said lines and facilities shall be completed within 24 months from the date of this agreement. d. All of said facilities 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 sub- ject 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. 6. Streets. a. The 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 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. 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. Developer agrees to install street improvements on Horsetooth Road, adjacent to said subdivision, within two years of the date of this agreement. -5- .%W e. All of said streets shall be installed at the sole expense of the Developer except that the City shall pay that additional cost to install Horse - tooth Road as an arterial rather than as a residential street, not including acceleration and deceleration lanes. Lhit prices for said street construction shall be determined and agreed upon prior to actual construction. 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 individual lots have been installed from main utility lines to the property line. 7. Other Requirements. a. Developer agrees to a 25% participation towards the total cost to install traffic signal lights at the intersection of South College Avenue and Monroe Street. Said payment shall be made within thirty days following installation by the City. b. Developer agrees to remove the existing curb -cut on the east side of South College Avenue between Monroe Street and Horsetooth Road, and reconstruct with vertical curb and gutter prior to occupancy of any structure within the subdivision. 8. 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 couply with all requirements of the same. ME 'low rd ATPFST : City Clerk APPRMD: Direct6iY of Engi-neeringServiceg- THE CITY OF FORT COLLINS, OMORADD PaJ a Luo.,� BY Interim City ager -7-