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HomeMy WebLinkAboutTHREE M - Filed OA-OTHER AGREEMENTS - 2004-03-037IfRF.E M SUBDIVISION ANUF FMPM111 THIS AGREEMENT is made and entered into this 16th day of December A.D. 19 75 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Erma L. Devers hereinafter designated as the "Developer" WITNESSETH: WHEREAS, Developer is the owner of the Three 'M' Subdivision situate in the 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 WHEREAS, 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 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's planning and zoning board has approved the master plan 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. NOW, TIIEREFORI;, 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 described on the subdivision plat. 2. Electric Lines and Facilities. The City Light and Power Department shall install all electric dis- tribution 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. 3. Storm Drainage Facilities. a. The Developer shall install all storm drainage facilities neces- sary 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 and surface waters. b. All of said facilities shall be installed at the sole expense of the Developer. c. The installation of all of such 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 approved within the time set forth above, the City shall -2- 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. d. The Developer is informed that the City is in the process of preparing plans for a Storm Sewer Improvement District which would include said lands, and hereby agrees to participate in said improvement district as specified in the Code of the City of Fort Collins. 4. 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 or street improvements no later than September 1, 1976. d. No building permit for the construction of any structures 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. 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 requirements of the plans and the specifications applicable to such installation. In the event the improvements are not completed and approved with the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to -3- complete the installation in a satisfactory manner 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 miscell- aneous 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. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City Clerk APPROVED Director of Engineerint Services THE CITY OF FORT COLLINS, COLORADO By City Manager City Attorney Developer -d-