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Home My WebLink AboutSOUTH COLLEGE COMMERCIAL - Filed OA-OTHER AGREEMENTS - 2012-01-31UTILITY AGREII4IT THIS AGREEMENT is made and entered into this 0-0- day of col_� A.D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal cor- poration, hereinafter sometimes designated as the "City", and Everitt Enterprises, Incorporated hereinafter designated as the "Developer", WI'INESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: SOUTH COLLEGE COMMERCIAL SUBDIVISION situate in the northeast 1/4 of Section 26, T 7 N, R 6 9 W of the 6th P.M., Fort Collins, Colorado. 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 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 involve the installation of and construction of utilities and other municipal improvements in connection with said lands. M M NCW, 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. 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. 3. 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. 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 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 detention facili- ties prior to 50% completion of any structure within the subdivision. 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. -2- M LWA 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 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. 6. Streets. a. The Developer agrees to install the frontage road to College Avenue as shown on the utility plans, complete with paving, curb, gutter and sidewalks. b. Said street 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. The City anticipates that Mason Street adjacent to the subdivision will be improved through a special improvement district to be initiated by petition of the property owners affected thereby. Developer hereby agrees to participate in said improvement district in accordance with the provisions as established by the City Council. In the event a special improvement district for Mason Street is not initiated by January 1, 1978, Developer shall submit improvement plans to the City Engineer for his review and approval. Said plans shall be submitted Prior to February 1, 1978. Furthermore, construction of Mason Street shall be completed by the Developer prior to September 1, 1978. 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. -3- T 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 an 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 ixidividual lots have been installed from main utility lines to the property line. 7. 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. e- (/fin-✓ 4--r-�e City Clerk (b- po APPROVED: THE CITY OF FORT COLLINS, COLORADO h By Trr& eik" City Man ger Dev Per Title _ 1�Z . -4- SOUTH COLLEGE COMMERCIAL SUBDIVISION FORT COLLINS, COLORADO OPEN SPACE MAINTENANCE COVENANT The undersigned, owner of South College Commercial Subdivision, Fort Collins, Colorado, hereby covenants with the City of Fort Collins, Colorado, that in consideration of the approval of the Plat of South College Commercial Subdivision, the undersigned agrees to maintain all landscaping, parking areas, sidewalks and all other open spaces as shown on the Plat of South College Commercial Subdivision, and to keep said open spaces clean and in good repair. In the event of the failure of the undersigned, or its assigns, to keep said open space clean and in good repair, the City of Fort Collins, upon 24 hours notice to the undersigned or its assigns, may proceed to clean, repair or maintain said open space, and any cost expended by the City of Fort Collins for such work shall be an obligation of the undersigned or its assigns. Upon failure to pay for such work, the City of Fort Collins may file a lien agai::st said property, obtain a judgment against the undersigned or its assigns, and foreclose said lien. This shall be a covenant running with the land, and shall be binding upon the undersigned and its assigns. Dated this day of _� -7d w1 1977. EVERITT ENTERPRISES, I i ATTEST • / _ BY ` - ,� e::��resident ecretary STATE OF COLORADO ) County of Larimer ) The above instrument was acknowledged before me this day of 1977, by w as < President, and - as Secretary, of Everitt Enterprises, Inc., a Colorado corporation. Vitness my hand and official seal. My commission expires: - r r Notary Public