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HomeMy WebLinkAboutCOTTONWOOD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31T rDVT'. ARVMM i ''` THIS AGREEMENT is made and entered into this ay i of , 1978, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", and MURDOFF AND WEAR, INC., a Colorado corporation, hereinafter referred to as "Developer". WITNESSETH: WHEREAS, on September 20, 1976, Deines Homes, Inc., was the owner of Cottonwood Subdivision situate in the Southeast 1/4 of Section 24, Township 7 North, Range 69 West of the Sixth P.M., Fort Collins, Colorado, being a replat of College Green, more particularly described on the subdivision plat on file in the City Engineer's office and by this reference made a part hereof; and WHEREAS, on September 20, 1976, Deines Homes, Inc., entered into a subdivision improvement agreement with the City (Exhibit A, attached hereto and by this reference made a part hereof) whereby Deines Homes, Inc. agreed to make certain improvements on said subdivision and further agreed that said agreement of September 20, 1976, would be binding on all heirs, personal representatives, and assigns of Deines Homes, Inc.; and WHEREAS, subsequent to September 20, 1976, the subdivision was transferred to Developer; and WHEREAS, Paragraph One of said agreement provides that the Developer shall be responsible for installing all water mains shown on the utility plans for said subdivision; and WHEREAS, the utility plans for said subdivision provide for the installation of a six inch (6") water main on East Drake Road prior to September 20, 1981; and WHEREAS, it is necessary for the City to have the six inch (6") water main on East Drake Road installed at the present time; and WHEREAS, the Developer desires to enter into an agreement with the City whereby the City will immediately proceed with the installation of said six inch (6") water main and the Developer shall repay the City the amount representing the cost of the installation of the six inch (6") water main on East Drake Road prior to the issuance of a building permit by the City for the Cottonwood Subdivision. NOW, THEREFORE, by and in consideration of the foregoing premises and the within terms and conditions, the parties hereto agree as follows: 1. The City agrees to install the six inch (6") water main on East Drake Road as shown on the utility plan for the Cottonwood Subdivision. 2. The City agrees to pay all costs associated with the installation of said six inch (6") water main, such costs estimated to be a total of One Thousand Three Hundred and Forty Nine Dollars and Sixty Three Cents ($1,349.63), as more particularly specified on Exhibit B, attached hereto and by this reference made a part hereof. 3. The Developer agrees to pay to the City prior to the issuance of any building permits within Tracts A and B of Cottonwood Subdivision. the actual cost of the installation of said water main on East Drake Road, said costs being estimated at One Thousand Three Hundred and Forty Nine Dollars and Sixty Three Cents ($1,349.63) as reimbursement for the cost of the installation of said six inch (6") water main, it being understood and agreed upon by the Developer that said installation is a cost and a responsibility of the Cottonwood Subdivision. 4. The Developer agrees to pay said sum to the Director of Finance for the City of Fort Collins, Colorado. 5. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. -2- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City Clerk THE CITY OF FORT COLLINS, COLORADO M. DEVELOPER / r ' � r BY r' -3- AGRFI,;\'i[',NF 'MIS AGREEMENT is made and entered into this OtAb day of 011phnbeY , A.D. 19 by and between TiIL CITY OF FOR COLLINS, COLOInD-O, a municipal corporation, hereinafter sometimes deli<Inatecl as the,"City", and _Deines Ilomos, Inc. hereinafter designaL(-d as the "Developer", YA7T"TF:.!', ; U11I MU RFAS, Developer is the owner of: Cottonwood Subdivision, situate in the southeast 1/4 of Section 24, T7N, R69W of the 6th P.M., Fort Collins, Coldrado, being a replat of College Green, more particularly described on the subdivision plat on file in the City Engineer's Office and by this reference made a part hereof; and 4�IIIRI'J\S, Developer desires to develop said property as a residential sulotvision and has submitted to the City a utility plan for said lands, a copy of which is on file in the City Engineer's Office and by this reference made a part hereof; and wnI ,,ja-:AS, the parties hereto have agreed that the develo[xent 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 NOW, '1`I1111MIT( RT,, 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. F,xcept 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 described on the subdivision plat. 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 water_ lines shall be installed,in full compliance with the standard sjx�cifi.caLions 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 said lines no later t}an within five years of the day and year first herein above written. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. e. All of said lines shall he installed at the sole expense of the Developer. f. The installation of said lines shall inspected by the Engineering Services Department of the City and shall be subject to such departnxnt's approval. Developer agrees to correct any deficiencies in such installation in order to meet the re pArements of the plans and the specifications applicable to such installation. In the event such installation is not congpleted and approved within the tifly-- set forth above, the City shall have the right to cause such actdi.t anal work to be done as it deems necessary to complete the -2- installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 3. sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary seer 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 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 said lines no later than within five years of the day and year first herein above written. d. Developer 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. e. All of said lines shall be installed at the sole expense of the Developer. f. The __nstallation 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. In the event such installation is not completed and approved within the tiny, set forth above, the City shall have the right to cause such addit.i_onal wt7rk to he done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. -3- 4. Electric Lines and Facilities. a. 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 Power Department. lights required for the development. Such installation shall include all street 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. 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 understands and agrees that before building permits are issued on more than a maximum of forty-two lots within said subdivision the storm runoff detention system shall be constructed according to the utility plans and accepted by the City Engineer. d. Developer further agrees to control runoff during the process of development so as to assure that the health, safety, welfare, and property of the City and citizens is safeguarded and protected through the proper drainage of storm waters. e. All storm sewer lines and drainage facilities shown on the utility plans shall be constructed at the sole expense of the Developer. At such time as a drainage fee is s esshed in accordance with ordinance No. 61, 1976, for the drainage basin in which said subdivision is located, the cost of the facilities installed by Developer shall be a credit against such fee for the property in the subdivision. If such cost exceeds the total fees for the subdivision, the Developer shall be reimbursed such excess amount when funds are available in the storm drainage fund for that purpose. If the cost of installing said drainage facilities is less than the fee to be collected, the excess fee shall be assessed against the property. -4- f. The installation of all of such lines and facilities shall be inspected by the Engineering Services Department of the City and shall be 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the .installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work. 6. Streets. a. The Developer agrees to install all streets shown on the utility plan, complete with asphalt 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 lines. c. Developer_ agrees to complete the installation of street improvements within the following minimum time periods of the date first herein above written: Drake Road from Stover Street to the easterly property line shall be completed within one year. City agrees that this may be done thru an improvement district to be formed. in 1977. ColLunbia Road from Stover Street to the easterly property line shall be completed within two years. All other street improvements shall be completed within four years. d. No ;ouilding permit for the construction of any structure in the sub- division shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. e. The installation of all streets 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 -5- meet the requirements of the plans and the specifications applicable to such installation. In the event the improvements are not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. Street Improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. g. All street improvements shall be constructed at the sole expense of the Developer, except that the City shall pay that added expense of improving Drake Road as an arterial and Columbia Road as a collector rather than as residential streets. 7. Other Requirements. The Developer is aware of the existing street improvement agreement on that property with frontage on Stover Street and hereby agrees to pay the total amount due under this agreement prior to commencing any development. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITLESS 'i1IIEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. THE CITY OF FORT COLUNS, COLORADO Nrl'EST : By Ci Clerk City Manager APP": n; r-rr- nv mT- Services ty At '1'fl Developer Title