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HomeMy WebLinkAboutMANNINGS - Filed OA-OTHER AGREEMENTS - 2004-08-27i •:• � • • � � • as �s THIS AGREEMENT, made and entered into this 29th day of May A. D. 19 65 , by and bewtween THE CITY CF FCRT CO=S, a municipal corporation, hereinafter designated as first party, Glenn W..Maniing.. Dorothy D• Manning, Florence Wilkinson and Urban J. Vehr, and Archbishop of Denver. Herein•,.fter designated as second party, WHEREAS ce-ord party has heretofore submitted a subdivision plat of the subs -ion to be known as Mannings First Subdiiaision For approval by the Municipal Planning and Zoning Board and t'-�e City Council of the City of Fort Collins, and V, :'R:P.S, s .A subdivision plat is acceptable to first party and first party's Planning and Zoning Board, subject to construction of u'ilities in the area to be subdivided, N(V, TKO=ORE, in consideration of the premises and the terms cf Vais agre�r_�;t, it is mutually agreed as followst 1. First party agrees that said subdivision plat shall be, and the sama is he_^by approved. 2. In c .isieraticn of the approval of said plat by first party, a'-d £i_!:': port_.`s Planning and Zoning Board, second party agrees a's follows: (A) To s-:bmit to first party the following detailed i-nproveme_.t placr ;, oe,--ptable to the first party: (1.) A p":.n of the proposed water distribution system including the ecnre.ting p'.pelines to the points of connection to the first party's e _'.e`irg h *.er distribution system and showing all valves and fire (") Plans and profiles of the proposed sanitary sewer system incl+uaini; all mar_holes and connections to the first party's existing sanitary sewer system. C'1 A pl-.n of the proposed electrical distribution system including cor.r.�iting lines to the first party's existing electrical distrib,+ticn La^ in-luding all street lights. (14) Plans and profiles of all street improvements. !'" P1 -o and profiles of the proposed street drainage system show rg i s cc-.,ncotions to the first party's storm sewer system and irclud::g all storm .sewer inlets and manholes. (6) Items A (1) to A (5) inclusive are to be financed by the party of the second part, excepting only .tem (3) electrical distribution system. All material required for street lights are to be paid for by the party of the second part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer meirs or storm sewer mains to be constructed within the subdivision than would be required by standard engineering g'zctices to serve the subdivision, in order to properly extend these 2orvices to other areas, the City of Fort Collins will pay a portion of the cost of such enlarged facility based on grorat'n of t; c cast of the fa-i'�ity act,.11y constructed and the cot_ -ter_ rest If sech facility as -.hewn en the subdivider �s or roved plan. Such prorati.sn of costs between the City of Fort Collins and the subdivider shall be deterrined in advance of construction by the City Engineer and in the event of any dispute this c. ^r s::all be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused t,:ese presents to to =_,_ned by its Mayor and its corporate seal to be here' .. :test to by its City Clerk, pcacusnt to motion of the Council of the City of --_-- -Fort Collies dated the 6th day of May A. D., 1965 j and second party has hereto set his hand and seal the day and year first hereinabove written. THE CITY OF FORT CO,=3. A Municipal Corporation E7_l'( 3 ti ost Partyt ATTEST: Ult7 Uerk Aroved: n7 ti 0 City Engineer AGREEMENT THIS AGREEMENT, made and entered into this " day of A)at)_ , A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and THOMAS E. DILLON, OWNER, hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Lots 2, 3, and 4 of Manning Subdivision, City of Fort Collins, Colorado. WHEREAS„ the Developer has submitted to the City a utility plan for said lands, a copy of which is on file in the office of the Director of Engineering `.services and made a part hereof by reference; 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. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision shall be issued by the City until the water lines, fire hydrants, sanitary sewer, street (with at least the base course completed) serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the Director as referred to under "Special Conditions" in this document. D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, LYE and specifications of the City of Fort Collins' electric utility. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer, storm sewer and appurtenances, and all streets, curb, gutter, sidewalks, and bikeways and other municipal facilities neces- sary to serve the lands within the subdivision. F. Street improvements (except curb, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Services Division of the City and shall be subject to such department's ap- proval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installa- tion. In case of conflict, the utility drawings shall super - cede the standard specifications. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. -3- 2. Special Conditions. A. Water lines (oversizing, payback, etc.). Not applicable. B. Sanitary sewer (oversizing, payback, etc.). Not applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). Storm drainage facilities shall be constructed with construc- tion of each parking lot. D. Streets (oversizing, traffic lights, signs, etc.). Not applicable. E. Other requirements. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs, etc. at all construction sites within the public right-of-way and/or other areas as deemed necessary by the Director of Engineering Services in accordance with the City's "Work Area Traffic Control Hand- book" and shall not remove said safety devices until advised to do so by the director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all -4- waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any accumulation or dirt and/or construction materials which will add to the accumulation of dirt shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the Director of Engineering Services. In the event that the Developer fails to adequately clean the streets within two (2) days after written notice, the City may have the street cleaned and bill the Developer for said costs of cleaning. C. The Developer shall cause his subcontractors to cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. Where erosion (either by wind or water) is likely to be a problem, in the Inspector's opinion, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Tem- porary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. The control may consist of, but may not be limited to, seeding of approved -5- grasses, temporary dikes, gabions, or other devices. E. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any ATTEST: � ity er ADDDnvrn. requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Muwkipal Corporation By: ity manager P/R�7if� Owner Notary Public 10 EXHIBIT "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 improvements to be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. Not applicable.