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HomeMy WebLinkAboutASPEN KNOLLS - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AG=ENT A n ,Cira//S THIS AG=7Eu1T is made and entered into this 2 3rd day of October , A.D. 1978, by and between THE CITY OF FORT COLLINS, COUJ',nDO, a municipal corporation, hereinafter sometimes designated as the "City", and Taft Hill Developrent Corporation hereinafter designated as the "Developer", lq=SSETH : WHEREAS, Developer is the owner of certain property situate in the County of L--irimer and State of Colorado and legally described as follows: ASPEN KNOJ= , situate in the Northwest 1/4 of Section 22, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins. miF,I;FAS, De�7eloper desires to develop said property as a residential subdivision and has sub?ni.tted to the City a subdivision plat (and a site r)lan of said property is to be develo— '. =' T' -� «'i ^m'rt�: a copy of %,Bich is on file in the Office of the City Engineer and by this reference made a part he-r----)f ; and WHERFA.S, D-evelooer has further sutmitted to 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 V+iE n7?_S, the pasties hereto have agreed that the development of said lands r,*11 require increased rsanicipal services from the City isi 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 `,IFIFu -7\S, the City has approved the subdivision plat (ark ite:'pla�z: �'`are� applicable) su} fitted by the Dez.Teloper subject to certain requirements and I I 3 I i iJj� li'ic 7 . conditions which invol the installation of and consti Lion of utilities and other municipal improvements in connection with said lands. NOW, Tf-IEREMRE, .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 within the subdivision. 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 ,rater lines shall he 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 shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Anv water _lines described on Exhibit A, attached hereto shall be installed within the tLTe, rErnl.ired on Exhibit 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 tLma determined by the City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Engineering Services Departcent of the City and shall be subject to such department's ap- proval. Developer agrees to correct any deficiencies in such installation in order to rreet 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 corrpliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Del/eloper 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 timQ required on Exhibit A. If the City Engineer 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 the tint, determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer, -3- f. The instaii.ation 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. 4. Electric Lines and Facilities. 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 the established charges of the Light and Pa6-er Department. 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 in accordance with the provisions detailed in Exhibit B. attached hereto and by this reference made a part hereof. 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 the temporary retention facilities prior to the issuance by the City of any building permits for structures within this subdivision. d. All. of said lines and facilities shall be constructed in an orderly fa --!-ion, 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 , except the City shall participate to the extent indicated in Exhibit B. f. The installation of all of such lines and facilities shall be in- spected by the Engineering Services Department of the City and shall be subject -4- to such department's approval. Developer agrees to cor-L---t any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete with 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 streets. c. No building permit for the construction of any structure 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. Furthermre, 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 Exhibit A, attached hereto, shall be completely installed with the tine 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 time required by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer , except the City shall pay those additional costs of installing Taft Hill Road and Stuart Street as arterial and collector streets, respectively, rather than as residential streets. f. 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. g. Street L7provements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to -5- individual lots have be-n installed from main utility lines to the propert<1 line. h. 7'he Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Enginaer as areas requiring such masures to insure the public safety. 7. Other Requirements. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Not-iing herein contained shall be construed as a waiver of any requirements in -the City SulAivision Ordinance or any other provision of the City Code and the Developer agrees to co_nply with all requirements of the same. A'ITEST : i City Clerk APPROVED: Directb6 r�a� Publi" c Woks Cit attorney Ulm CITY OF FOET COITINS, COUJPADO ty Manager TAF ��VELOPMENT/CORPOW- TION I OMIBIT 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 iTrprovaTents to be installed out of sequence. Not Applicable 0► 4. I I: Y Storm Sewer Lines and Facilities The City and the Developer agree that the following provisions shall -_. apply with regard to the installation of storm drainage facilities. 1. The drainage from Village West Ninth Filing and Aspen Knolls Subdivision flows to the northeast corner of the Aspen Knolls Subdivi- sion. It will be necessary to construct a detention pond at that point. It has not been determined whether the detention pond will flow into the New Mercer Canal which adjoins the area of the detention pond to the north or whether it will be necessary to carry the discharge from the detention pond north to the natural drainageway, which is about 400 feet north of the detention pond. 2. The Developer shall install any drainage lines within the subdivi- sion and shall also construct the detention pond in accordance with the utility plans. Initially the detention pond will retain all water flowing into it and will not have an open outlet. 3. In order to provide the necessary time to determine whether the waters discharged from the detention pond will be discharged to the New Mercer Canal or to the natural drainageway, the Developer agrees not to begin the construction of any dwellings until September 15, 1978. All other developrent work, including the development of streets and the installation of utility lines may be done before that time. 4. In the event it is finally determined that the detention pond will discharge to the New Mercer Canal, it shall be the responsibility of the Developer to obtain any required permits from the New Mercer Ditch Com- pany permitting this and to comply with all of the requirements of the ditch company. 5. In the event it is finally determined that the detention pond shall discharge to the natural drainage course north of the detention pond, the Developer shall install the drainage facilities necessary to carry the discharge waters north to the natural drainage course. The parties recog- nize that the adjoining landowner may not agree to grant the necessary easement for the open drainage ditch, and the City agrees to acquire that easement by condemnation if necessary. The parties further agree that the Citv will make a determination as a matter of policy as to whether develop- ers will be required to provide off -site easements and facilities to carry drainage water from subdivisions being developed. This question will be suhaitted to the City's Storm Drainage Board and the City Council and if the determination is made to require this of developers, then Developer agrees to pay any consideration required to obtain the necessary easement. otherwise, the City will pay such consideration. The Developer will not be required to install any improvements to carry waters discharged from the detention pond after bringing such waters to the natural drainage course. 6. If the determination is made to carry the discharge from the de- tention pond to the natural drainage course, the Developer shall provide the necessary engineering plans for the open ditch and other facilities required to accomplish this. 7. The parties agree that the decision as to wheter to discharge from the detention pond to the New Mercer Canal or to the natural drainage course shall be made by November 15, 1978. Such decision will be made by the City. No outlet will be constructed or made operative from the detention pond until such decision is finally made by the City. If the decision is not made by that date, the Developer shall pay over to the City the esti- mated cost of the work to be done by the Developer as set forth above, based upon engineers' estimates, and the City shall then be responsible for providing and paying for all work when the decision is finally made by the City.