Loading...
HomeMy WebLinkAboutCOLLINDALE INDUSTRIAL PARK - Filed OA-OTHER AGREEMENTS - 2003-07-31UTILITY AG=1EN`i THIS AGREEMQNT is made and entered into this 12th day of September A. D. 1978, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, herinafter sometimes designated as the "City", and Bartran Homes; Inc. hereinafter designated as the."Developer", WITNESSETH: 1,TEREAS, Developer is the owner of certain property situate Lri the County of Larimer and State of Colorado and legally.described as follows: COLLINDALE INDUSTRIAL PARK, being a plat situate in the SE 1/4 of Section 30, Township 7 North, Range 68 Jest of the 6th P. M., Larimer County, Fort Collins, Colorado. WHEREAS, Developer desires to develop said property as an industrial subdivision 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 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 W-EREAS, 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 im- provements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and ' aTu,'mA.S, the City has apt,r0vecj the ,uizli_v_i_sion plat submitted by the Developer subject to certain requirements and corl`Li t i.ons -WI J ch :involve the' ins tallation of and construction of utilities and ther railicipal improve_,;•-,nts in connection wit?z s oaid la,...s. in consi c'eration of the premises and the terms and conditions - herein stated and for other valuable consideration, the adequac.y of �•hich is ackno°;fledged by the parties hereto, it is agreed as follo,,s: 1. Lxcept as otherwise herein, specifically agreed., the Developer agrees to install and pay fo-L all utility lines, storm drainage facilities, streets and other ra-n; ci_pal facili.ti es necessary to serve the lands sae subdivision_ 2 _ Wata Lines. a. D.ev lour agrees to install all Water 1L-ies as on the utili y plans in accordance �-,iif 1 the r qui.r-sents and as shown on said plans, what such IL-ies are a: tua_l ly on the property, bordering the grope -may or on other lands connezctir-Ig the sLbJect property to the evi sting City 1:Tate distributia ,• Syste.�_ b. Such lines shall be instG? le in full con pliance with one standard s�ci ficat--ons of the City on file in the office of t1:e City Engineer and zi�)pl.icable p_L-ovisions of the City Code relating to h' installation of such lilies. c. Irv-3locer understands and agrees that no building permit fo- .any structure in the s!-11 livision shall be issued by the City ul-Itil the water ling a d thc'_ fire- hydrant ; truing such structure is 1-nst'alled and accepted by the Y- d. Any water lin_ s descri�a d on hi pit A, attacP i rl��reto, shall i within the time required on Exhibit A. If the City E-rl.sinE-:er c eter.i4 ;es tll� f- any lines shO,,.,n on the utility plans are required to provido service to �.-- eas of- the City, t[ I0 S: l in1 -- shall be it �s t_ :llf'_d t-.'ith]_n the t 1 me City Erlgi i;eer_ --2.- e. All of sal, I lines shall, kx2 installed at th— sole e_r7,ynse of the, LLv ,loi= . f. The installation of said line shall be inspected by the Department - of Public Works_ of the City and shall be subject -to such cl'cp rt e� L.`s ap- pr_oval. De-veloperag rees to correct any deficiencies in such installation in order to weet the req:ii_re.��nts of the plans and the spec ificaLions applicable to such installation. 3 - S;nitary Se�.,�er Collection Lines. a_ T•ne Developer agrees to install ail sanitary sewer eolleciia lines shod 1 on the utility plans, whet er tha s 7ze be on or off the oal-)jecL pro may. b. Su ' h sani `�Y-.T se,r:er lines Shall b? installed in full cor!�liance with the standard specifications of the City on file in th0 office of to Cit,✓ Engineer re_latinc; to the installation of such lines. c. D�-velop�?r understands and agrees that no building p`rmLi t shall be by the City for any st-ructure in the subjivision 1writil the sanitary ser�_Mg such structure is insLalleti �md accep to.! by Lhia City. l-� Cyr �lY es C.��- J ` :t1_�ac- ^rCam'_to d. l�n'Y _>�LIL.L �L�' .,�_ 11i:_� :�Cr1S:i.^_.C. Oil �%:itllbli i�r c til� c. , i_nstallcd wit-hir. the tire required on EX'Di.bit A. TIE t}ie City Engi --a C, �. c,L:P 1ne'S tr! =t t any lines Si'.O':FCl in the uCility plans are re�C_11rcd to to Ofh ar 'as of the Cit:v, thase lines shall Le inS `Ell _[ Od %Vit:S in the!. ink by tt)� C; Erig_i -3- 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 Engi- neering 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 ap- plicable 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 instal- lation 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 con-plete the installation of detention facilities prior to the City releasing building permits for 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 oth _r utilities, streets, curb, cTLitter, sidewalks, and all adjacent pro _rties. -4- d. All of said facilities shall he installed at the sole expense A D,�VaIOC, r . e. The in.;t allati.on of all of such liras and facilities hhzll be inSIZ AM byT the F,;gireering Services Departr' nt of the City and shall be sub ject to SL'.C_1 de ar :,nt's a O,Tal. Develup-ar agrees to correct any deficiencies in such i._.: st_al l t:icn in offer to weet the requi.rerrents of the plans and the spec -Ions applicable to such installation. 6 . Streets. a. T}Ie D,aveigpe- agrees to install all streets sho<,,,n on.the utility plans, co-.�?lete with paving, curb, gutter and side.�falks. b. Such streets shall be installed in full compliance with the standard � c:ificatio.ls of- the City on file in the office of th^ City P.r ;ineer relaying to the installation of suc-b streets. c. i'.o bL:.ilding p•?rrLt for the constructon of any structuLre in t}it sul- ::Lvi ion shall he issued by,, t}1 City until thv street prOvic}ing access to t}" sCructurus is ::I%i�iOV' t1 .•11.�"}1 t 1C clst th12 �L.=1Vc'_l � 1�' rogplirEd- FL iLi.'-.J"_"?""1-`0, l i�'�t; x`! hl y r � t-cu,' Wre li_;c� "-&?. in �ti:c :-I;s no i�_Li1c ixlg p.�:._i.t �?��� 1 L;:� - by tl _. City nor «ny � . of 660 Legit fro T: a single PJi.r1t of access. d. Any sLroeis on A, attacn-�al h rt .o, mall b. cc<i,1i, r �>ly in tallE._1 within tin-tir-o r_c---T11ir�! oa Exhibit A. i_f th City t;�,gi:: r -D!lj' ita'1.OLs s.rjo'.•�il o,1 -tie wilily plans are 7"'ngwired to provi:1.=i to u_T_L.as O C1.C.` , tli7�.. strews MILL :1 Ll bc' w1fiLLi1 t. _ t.i: 2 roLti,uired by i;[1-'. City Eng' n , -5- e. P11 of said streets shall be installed at the sole expense of the Developer, except that the City shall reimburse the Developer for the arterial rather than a residential street. The determination of the amount of reimbursemEnt shall be based upon actual and reasonable cost to the De- veloper and e�:isting City ordinances and -specifications as approved by the City Engineer. f. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications appli- cable 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. 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 continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public safety. 7. Other Requirements. a. Prior to starting improvements on Timberline Road, the Developer shall provide the City Engineer with a core sample of the existing surface and subsurface contitions as directed by the City Engineer. 8. Miscellaneous. a. This agreement shall be bindinq upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any any , '-ie-r Provision of the req,dremen"L.-- in ',:he Ci Su!Aivislion Ordinance or a comely �,,dth all rc,---pim—,�nts of SaM Tp the me. City Code and IC114-, Develop�r agrees to co, T,3E CITY OF FO,,T COMIDNIS, COLOPMO ity t.lanagar APB Gv -11--T Services Dir3ctO, 01E E7-19--L�erj.-- D velourTitcle --7- =3IBIT 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 irprovements to be installed out of sequence. Curb and gutter on north side of Danfield Court may be delayed until July 1, 1979. Base course to be in prior to installation of north side curb and gutter.