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HomeMy WebLinkAboutSILVERWOOD VILLAGE - Filed OA-OTHER AGREEMENTS - 2004-02-13AGRE:EMINP THIS AGREEMENT is made and entered into this 3rd day of August , A.D. 19 76, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Everitt Enterprises Inc. hereinafter designated as the "Developer", WITNESSOTI : WHEREAS, Developer is the owner of: Silverwood Village, lst Filing, situate in Section 30, T 7 N, R 68 W of the 6th P.M., County of Larimer, State of Colorado, more particularly described on the subdivision plat on file in the City Engineer's Office and by this reference made a part hereof; and wHERP.AS, Developer desires to develop said property as a residential subdivision and has submitted to the City a utility plan for said lands, a copy of which is on file in the City Engineer's Office and by this reference made a part hereof; and uu REAS, 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 NOW, TILEREFORE, in consideration of the premises and the ternis 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 drainaye facilities, streets and other municipal facilities necessary to serve the lands described on the subdivision plat. 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 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 said lines no later than within two years of the day and year first hereinabove written. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. Developer further understands and agrees that acceptance of fire hydrants requires the feeder main to which they connect be looped, that is, that there be a two directional feed from the City's distribution system. 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 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the -2- installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 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 agrees to complete the installation of said lines no later than within two years of the day and year first hereinabove written. d. 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. e. A11 of said lines shall be installed at the sole expense of the 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to cgq)lete the installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. -3- 4. Electric Lines and Facilities. a. 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 tine established charges of the Light and Power Department lights required for the development. Such installation shall include all street 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 said lines and facilities in an orderly fashion during the process of develop<m_nt so as to assure that the health, safety, welfare, and property of the City and citizens is safeguarded and protected through the proper control and drainage of storm waters. d. Ail of said lines shall be installed at the sole exixanse 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. In the event such installation is not completed and approval within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work. G� g, Streets. a. The Developer agrees to install all streets shown on the utility plan, complete with asphalt 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 lines. c. Developer agrees to complete the installation of street isproveirents no later than within two years of the day and year first hereinabove written. d. 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. e. The installation of all streets 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 requirement-s of the plans and the specifications applicable to such installation. In the event the improvements are not coDpleted and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satis- factory mariner and the Developer shall be liable for the cost of such additional work, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. f. Street Improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. -5- 7. other Requirements. a. Developer acknowledges that until development takes place to the west or south of said lands, all vehicular access to said lands is on Brookwood Drive. Therefore, Developer agrees that no building permits shall be issued for any lot in the subdivision, other than Lots 1 through 7, 58 through 70, and Lots 97 and 98, until additional access is made available. b. Developer agrees to construct two temporary siltation ponds as shown on the utility plans. It is understood that said ponds may be eliminated upon completion of all streets for the subdivision and after 750 of the lots have received their Certificates of Occupancy. Developer further agrees to perform all maintenance necessary while the ponds are in use. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN �dITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: Ci C erk APPROVED: THE CITY OF FORT COLLINS, COLORADO By City Manager e p r Title Q9