HomeMy WebLinkAboutCOLLINDALE PUD THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this JLRI"14 day of Ape ri ( ,
A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and BARTRAN HOMES,
INC., 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:
Collindale Third Filing, P.U.D., located in the South-
west of Section 30, Township 7 North, Range 68 West
of the 6th Principal Meridian, City of Fort Collins,
County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property as a resi-
dential subdivision and has submitted to the City a subdivision plat (and
a site plan if said property is to be developed as a Planned Unit Develop-
ment), a copy of which is on file in the Office of the City Engineer and
made a part hereof by reference; and
WHEREAS, the Developer has further 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; and
WHEREAS, the City has approved the subdivision plat (and site plan
where applicable) submitted by the Developer subject to certain require-
ments and conditions which involve the installation of and construction of
utilities and other municipal improvements in connection with said lands.
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 line, fire hydrant, 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
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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,
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 (excepting 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
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plans and/or specifications applicable to such installation.
In case of conflict, the utility drawings shall supercede the
standard specifications.
H. The Developer shall provide the Director of Engineering
Services with certified Record Utility Drawing Transparencies
of Black Image Diazo Reverse Mylars upon completion of any
phase of the construction.
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.). Not applicable.
D. Streets (oversizing, traffic lights, signs, etc.). Not
applicable.
E. Other requirements. None
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs, etc. at all construction
within the public right-of-way and/or other areas deemed
necessary by the Director of Engineering Services in accord-
ance with the City's "Work Area Traffic Control Handbook" 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-
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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
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 satis-
faction of the Director of Engineering Services. In the event
that the Developer fails to adequately clean up 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
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4sas
exceed 200,000 square feet for earthworks operations. Tempor-
ary 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
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
requirements in the City Subdivision Ordinance or any other
provision of the City Code, and the Developer agrees to comply
with all requirements of the same.
ATTEST:
City Clerk
ATTEST:
Title
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TH Y OF FORT COLLINS, COLORADO
A Nun 'c'p 1 Corpor tion
By.
Ci ager
BARTRAN HOMES, INC.,
Developer
By:2'
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Title
on
CORPORATE SEAL
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 drainaae improvements to be installed out of sequence.
Not applicable