HomeMy WebLinkAboutDARTSMITH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31l'/G E
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this day of A tj , S-r ,
A.D. 198), by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and MICHAEL SMITH,
, hereinafter referred to as "the Developer,"
LIT TPICCCCTu_
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:
Dartsmith PUD, being Tract 2 of the First Replat of St.
Vrain Subdivision in the City of Fort Collins, County
of Larirner, State of Colorado.
WHEREAS, the Developer desires to develop said property as a residen-
tial 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 Director of Engi-
neering Services 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, side-
walks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council
approved standard specifications of the City on file in the
Office of the Director of Engineering Services at the time of
approval of the utility plans relating to the specific
utility, subject to any time limitations as provided by
Ordinance.
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 and streets
(with at least, the base course completed) serving such struc-
ture have been completed and accepted by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
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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. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer and
storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other municipal
facilities necessary to serve the lands within the subdivi-
sion.
E. Street improvements (except curbing, gutter and walks)
sh;?1 not be installed until all utility lines to be placed
therein have been completely installed, including all indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
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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 installation.
-In case of conflict, the utility drawings shall supercede the
standard specifications.
G. The Developer shall provide the Director of Engineering
Services with ceritfied Record Utility Drawing Transparencies
on 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.).
.All storm drainage facilities for each phase of the P.U.D. shall
be complete before the issuance of any certificates, of occupancy
-
for the respective phases of the P.U.D. All on -site drainage
facilities shall be maintained by the tract owner or eventual P.U.D.
association that may have vested legal title, in perpetuity.
D. Streets (oversizing, traffic lights, signs, etc.).
Not Applicable.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety devices
at all construction sites within the public right-of-way and/
or other areas as deemed necessary by the Director of Engi-
neering Services in accordance with the City's "Work Area
Traffic Control Handbook" and shall not remove said safety
devices until the construction has been approved 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, shall remove such rubbish no less than
weekly and, at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way.
He further agrees to maintain the finished street surfaces
free from dirt caused by his operation. Any excessive ac-
cumulation or dirt and/or construction materials 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. If
the Developer fails to adequately clean such streets within
1-Iwo (2) days after receipt of written notice, the City may
have the streets cleaned at his expense and he shall be
responsible for prompt payment of all such costs.
C. The Developer hereby insures that his subcontractors shall
cooperate with the City's construction inspectors by ceasing
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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. When the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of erodable
earth material exposed at any one time shall not exceed
200,000 square feet for earthworks operations. Temporary or
permanent erosion control shall be incorporated into the
subdivision at the earliest practicable time. By way of
explanation and without limitation, said control may consist
of seeding of approved grasses, temporary dikes, gabions,
and/or other devices.
E. This Agreement shall be binding upon the parties hereto, their
successors, heirs, personal representatives, and assigns.
F. Nothing herein contained shall be construed as a waiver of any
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 C Y OF FORT COLLINS, COLORADO
unic pal --Corporation
ATTEST:By:.
�) , , Y. ger
City Cle_�_rk j
i,
APPROVED:
7 fit�
_i
D rect PiLuj Ic or s
�I
y ttorney
MICkiQEL S. S TH, DEVELOPER
The above instrument was acknowledge before me this day of
1981, by Michael S. Smith as owner of Dart smitT PIED.
4ITNESS my 'land and official seal.
Notary uP blic
My Commission expires:
MY COMMISSION PXPIRES
JANUARY 22 1985
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EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
The water main in Remington Street shall be connected with the water
m._.in in Dartmouth Avenue before or during construction of any future
additional phase of this planned unit development, but in no case
later, than September 1, 108LL. The Developer shall supply the City
with eviderice of thu, Shc rwood Ditch Company approval before extension
of this main.
2. Schedule of sanitary sew�:.rr lines to be installed out of sequence.
Not Applicable.
�chcdule of street improvements to be installed out of sequence.
Hot ApplicaMe.
4. Storm drainage improvem-:,nts to be installed out of sequence.
Not Applicable.
44 ! 684 I�BI MC30 AM11:04 B2 1 L8 PU 1 94
COUNTY OF LARIK-a
STATE OF CO►_ORAQC
NOTICE
Please take notice that on August 24, 1981, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved a Final Pl-an of the plan-
ned unit development known as The Dartsmith PUD. Said planned unit devel-
opment was submitted and processed in accordance with Section 118-83
of the Code of the City of Fort Collins. Said Final Plan of The Dartsmith
PUD together with the development agreement between the City of Fort
Collins and the developer, out of which documents accrue certain rights
and obligations, is on file in the office of the Clerk of the City of
Fort Collins.
The Dartsmith PUD is more particularly described as follows:
Tract: 2, replat of Block 2 and Lots 1 and 7, inclusive of Block 1,
St. Vrain Subdivision.
Secretary, Planning &—Zoning
Board
City of Fort Collins
Dated: December a9. /99/
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