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Home My WebLink AboutVILLAGE PARK PUD - Filed OA-OTHER AGREEMENTS - 2003-01-13Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. ?S Ts mot'..` •_=:: TT 1 _, 3rade aryl �_nt� •- •'� inbo this TN 1L--- day of A.D. 1979, lyy and bebx. - TiiE CITY OF FORT COLIJ]S, Cu OR?m, a municipal corporation, hereinafter s ti ms designated as the "City", and J-M Ltd., a Colorado partnership _hereinafter designated as the "Developer", WITNESSETH: i•;•iEFZ�T:S, I?evelopes is the owner of certain property situate in the County of I.ariias and State of Colorado and legally described as folloes: VILLAGE PARK,. a Planned Unit Development; situate in the North. one-half of Section 22, Township 7 North, Range 69 West of the 6th.Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. ENERF_kS, Developer desires to develop said property as a residential sulrlivision arxl has sul TdIted to the City a subdivision plat (and a site plan f said propeq--ty is to be developed as a Planned Unit Develop ent), a copy of which is on file is the Office of the City Engineer and by this reference trade a part hereof; and WHEREAS, Developer has further su}snitted in 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 1•.'iEREAS, the parties hereto have agreed that the a'evelop.T nt 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 irproverents primarily of 1xnefit to the lands to he developed and not to the City of Fort Collins as a vknle; and the City has approved the subdivision plat (and site plan Vnere applicable) sulinitted by the Developer subject to certain reTiircrents and C77Yh t-ions -,-." -..: �-.,. -_ ' a.._.�_11c Alt.., Ot au27 of li"LL�-O ot�,�r nr_inicl _ s in Nal, in Mnsideration of the premises and the tenTs and co.-Aitions herein stated and for other valuable consideration, the ade�quacy of which is ac}c�aIodged 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, stflrm drainage facilities, streets and other ininicipal facilities necessary to serve the lands within the subdivision. 2. Y:atpr Lines. a. Developer agrc s to install all water lies as shown on the utility pans in a wrd ce with the rernrirer_nts and as slyaa on said plans, whether such lines are actually on the property, grdering 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 careoliance with the standard sp;,cifi:catsons 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. Develo1 es um3erstands and agrees that no gilding permit for any structure in the subdivision shall be issugi by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Any water lines described on Exhibit A, attached hereto shall be installed within the tip required on ESrhibit A. If the City Engineer determines 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 tire detei7nined by the City Engineer- -2- e. All of a lines shall be installed a' he sole expense of the D vel oiar f. The installation of said line shall be inspected by the Public 1-brY.s -D.r-,arblent 'of the City and shall be subject to such departTrnt's_aF' proval. Developer agrees to correct any deficiencies in such installation in order to m_-et the rc-quiren�uts of the plans and the specifications applicable to such installation. 3. Sanitary Sewer Collection Lines. a. grne Develom_r agrees to install all sanitary sewer collection lins sheen on the utility plans, whether the sane be on or off the subject b. Such sanitary sewer lines shall be installed in full-cwnpliance with the stan3and spy-cifications of the City on file in the office of the City Fhgineer relating to the installation of such lines- c. Developer understanas 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 ExjLibit A, attached hereto shall be installed within the tjne required on Exhibit A. If the City Fnginees detelrnins that any lines shown in the utility plans are required to provide service to other_ areas of the City, tlr se lines shall be installed within the tie determined by the City Engineer' e. All of said lines shall be installed at the sole expense of the Developer. -3- f. The i. _callaton of said lines shall n_ inspected by the R.'�lic tv�rks Dory 3rt� rnt of the City aryl subject to such depart -east's approval. D_celo�r�r agrc,s to correct any deficiencies in such installation in order to met the regaire:irants of the plans and the specifications applicable to such installation. 4. Flectric Lines and Facilities. The City Light and Powar D _nar-L.Tent 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 Pvaer Depart -riot. Such insta- lation shall include all street lights required for the development. 5. Storm Spew r Lines and Facilities. a. Tne Developer shall install all storm sewer lines and facilities shos,m on the utility plans- b. Such storm se.aer lines and facilities shall be installed in full canpliance 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 detention facilities prior to the issuance of building permits for more than twelve (12) single family lots and three (3) duplex lots. d. 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 other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of Developer. f. Tim installation of all of such lines and facilities shall be insir_�ct A by the Public Siarks D pariarent of the City and shall be subject Page is too large to OCR. oroval. Developer agre es to �rr�t any ca.-ricicncies to such de-•art�nt's " +� - s a� the t the rc-quiranents o_ _ in such installation in orz3er to ere - si>_--cifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, aiTnlete with paving, curb, guttet and sidewalks. b. Such streets sha11 i)e installed in full compliance with the standard sp=cifications of the City on file in the office of the City £ngineE-x relating to the installation of such streets. C. No building prmit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the sti-uctures is i;inroved with at least the gravel base required- F7irthennre, no building permit shall be issued by the city for any structure located in excess of 660 feet from a single point of access. d. Any streets described on FJ-hibit A, attached hereto, shall be cormpletely installle3 with the tirre required on Exhibit A. If the City Engineer• determines that any streets shown on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the tine required by the City Engineer. e. A11 of said streets shall be installed at the sole expense of the D veloper- f_ Developer agrees to correct any deficiencies in such installation if applicable in order to reset: the require�rts of the plans and the spec to such installation. g. Street improvenents shall not be installed until all utility lines to be placers in the streets have lr_en coipletely installed and all services to -5- h. 711,e D_veloper agrees to provide an3 install at his exp nse adequate barricadc-,s, earning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Fingineer as areas requiring such reasures to insure the public safety. 7. Other R--quirenents. a) Developer shall provide the City with written proof of a permanent easement for right of way across Lot 2 of Prospect Greens Subdivision for Village Park. Court. b) Developer shall provide the City with written proof of an easement for sanitary sewer from the subdivision to the City 15 inch trunk line to the north. c).Developer shall divert his storm drainage under the Larimer County Number 2 Canal to the drainage easement provided for this along the East property line of Heritage Square subdivision as directed by the City. 8. miscall ancous. a. This agreeirent shall he binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any recliAre:rents in the City Su lvision Ordinance or any other provision of the City Code and the D=veloper agrees to echuply with all rc-�niirements of the same. VEST City Clerk APPRDVID: DirecYo"rlofPub�ic Fibiks_ �sscT City Attorney 7HE CITY OF FORT COLLINS, COLON By C. city manager J-M, LTD Charles F. Muenzbgrg, Partn Frank P. Johnson, Partner E* rUBTT A 1_ Sch,,9ule of water lines to he installed out of sequence. Not applicable 2. Schc3ule of sanitary sew:es lines to iDe installed out of sequence. Not applicable 3. Schedule of street inproveaTe-nts to be installed out of sequence_ Not applicable Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.