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HomeMy WebLinkAboutEAST ELIZABETH MEDICAL PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31„�• Ui ILITY AGR=EzIT THIS AGP.EETIT JT is made and entered into this � ' 'f day o A. D. 1977, by and betzreen 11M. CIZnY OF FOB COLLINS, COLOP)�L-YJ a muLs 'a' cor- poration, hereinafter sorretilnes designated as the "City”, and Geria'-r- „s inc. & Mallory T. Harling hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property situate iln t:.` Co-m+-y of Larimer and State of Colorado and legally described as follars: EAST ELIZABr�TH MEDICAL _PUD situate in the southwest 1/4 of the southwest 1/4 of the northwest 1/4 of Section 18, T 7 N, R 6 8 W of the sixth P.M. , Fort Collins. (West Half) WHEREAS, Developer desires to develop said property as a ccr.:s��rcia; division and has suhr fitted to the City a suhdivi.sion plat (and a site al-i i f said property is to be developed as a Planned Unit Developm- hnt) , a �ti:ti: of ich is On file in the Office of the City Engineer and by this reference Tray._ a hereof; and 'vIEREAS, L�veloFes has farther suta- sutted to the City a ut-ility pli for said lands, a copy of which is on file in the Office of the City Encgir.`=r a_d by this reference made a part hereof; and WHEP.EAS, will require the parties hereto have agreed that increased municipal services from the the developr� nt of sa= City in order t.o se-.-, l,w l - __� .:S JL.::.'1 area and will further require tile installation of certain i_�rprovol;�en s_;.; _ ly of boanefit to the lands to be developed and not to the City of Fort a a V,"- ole; and �'JT-RFA-'33, the City has approved th6 subdivision plat (an- -] site p! applicable) SUIIPittad by the Developer subject to cert-ain rec;uire-l�-lt, conditions which involve the installation of and construction of utilities and other municipal unproven-nts in connection with said lands. LIOt,, TIMPTFpRE, in consideration of the premises and the to rms 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 muni.cioal facilities necessary to serve the lands within the subdivision. 2. Water Lines. a. Developer agrees to install all water lines as sizown on the utility plans in accordance with the reguirerents 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 t,,,ater distribution 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 sha11 be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by tt. City. d- Any water lines described on Exhibit A, attached hereto, shall r installed within the time required on Exhibit A. If the City Engineer deter 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, det.,sm -I u by t:ze City Engineer. -2- e. All of said lines shall be installed at the sole expe._nse 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 corY-ect 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. 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 Engin -er 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 tl� three determined by the City Fngineer. Sim e. All of la lines shall be installed at iu sole expense of Developer. f. The installation of said lines shall be inspected by the Engineering Services DepartE!nt of the City and subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to rre-et the requireirents of the plans and the specifications apT:)licable to such installation. 4. Electric Lines and Facilities. The City Light and Power Department shall iiistall 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 Departirent. 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 shawn on the utility plans. b. Suc1i storm se•,aer lines and facilities shall be installed in full compliance with -the standard specifications of the City on file in the office of the City EngLaeer relating to the installation of such lires. c. Developer agrees to co.Tplete the installation of detention fac_ i_- ties prior -to occupancy of any structure constructed on said lands. All of said lines and facilities shall be constructed in an orc'erly fashion, as detanTLi.ned by the City Engineer, so �as to prevent damage to other utilities, streets, curb, gutter, sidewaLks, and all adjacent properties. I._ any evert, all of said lines and facilities shall be ctxripleted 50 months from the date of this agreeTr - —L . d. All of said facilities shall be installed at the sole :se of Developer. e. The installation of all of such lines and facilities s:ia.11 be inspected by the Engineering Services DepartrrPant of the City and 11 be sub- ject to such departirent's approval. Developer agrees to correct a-v de-ficiencies in such installation in order to meet the require,-nents of the plar_s and the specifications applicable to such installation. 6. Streets. a. The: Developer agrees to install all streets shown on _.e utility plans, complete with paving, curb, gutter and side4ralks. b. Such streets shall be installed in full carpliance wi_i t.e standard specifications of the City on f-Ile in the office of the City Encir__r relat.Lng to the installation of such streets. c. No building pe ,, ' t for the construction of any strut t --e in the subdivision shall be issued by the City until the street providir., access to the structures is irproved with at least the gravel base required. ri;rther.,.are, no building permit shall be issued by the City for any structure ? scat— d ir a::cesS of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shah t'e completely installed within the time required on Exhibit A. If t___ Cit-Y En 'i• =er determines that any streets shown on the utility plans are recui:_ �.ti to provide access to other areas of the City. those streets shall be instill ai in th, time required by the City Engineer. -5- e. All of s 3 streets shall be installed a .he sole eyp---se o- the Developer. f . Developer agrees to correct any deficiencies in such i_r_stallation in order to meet the requirements of the plans and the specifications a.:Dlicable to such installat:=. g. Street improvements shall not be installed until all utity lines to be placed in the streets have been cor,letely installed and all s=,-ices to irndividual lots have been installed from Train utility lines to the p_orty line. 7. Other Recp l i rements . None 8. miscellaneous. a. This agreement shali be binding upon the parties heretc, heir heirs, personal representatives and assigns. b. tJoth ng herein contained shall be construed as a waiver of any requirements in the City Subdivis:*Lon Ordinance or any other provis'Lc , of the City Code and the Developer agrees to cc uply �dth all r-egaire rents c = t.e sal THE CITY OF FORT COLLINS, w :�PADC By - City �'ana er A=, IT: City Clerk C4 Di-r'&(�-,bf Engiheering 6Services (5 Devel peTitle -7- EXHIBIT A. a. Schedule of water lines to be installed out of sequence. The new water line at the East connection of Elizabeth Street s',:_11 be installed in the P.U.D. to a point approximately at the Northwest corner of Lot #3 with a gate valve at that point, before construction c= any Building. It will be extended to approximately the Northwest connar of Lot #4 before construction of a Building on that lot. The water line will be extended to the West connection at Elizabeth Street before construction of any structures of Lots #6, 7, 8 or 2. 2. Schedule of sanitary sewer lines to be installed out of sequence. The new sanitary sewer line shall be installed from East Elizabetn Street to a location parallel with the water line at Lot #3 (with clean -out) before any Building construction begins. The sewer line shall be exte::__d to the approximate Western property line of Lot #4 (with clean -out) befZ_e building construction on that lot. Manhole >'6 and sewer line to it shall �)e installed before building construction on Lots 7'r-7 and 8. The westerly sewer lane from Manhole r`4 shall be installed appro47-ately 30 feet to the west with a clean -out. It shall be extended to apprc_1_imately the southwest corner of Lot #5 (with clean -out) before Building cons _uction on that lot. The sewer shall be extended and include installatir- of Manhole #7 before Building construction on Lot #6 or #2. 3. Schedule of street improvements to be installed out of sequence. Nonapplicable. 4. Notwithstanding, anything to the contrary provided in pages of this Agreement, timing of the required installation of utilities herein shall be in accordance with the phase schedule of East Elizabeth Medical P.---.D. as presently approved or hereafter modified by the Fort Collins City ::ouncil. 5. In the event of any inconsistency between the terms of this Exhib_: and the Utility Agreement itself, the terms of this Exhibit shall sups_sede.