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HomeMy WebLinkAboutDOCTORS CENTER SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31THIS AGREI2P is made and entered into this 137t4 day of JUI y , A.D. 197(a, by and between '1'fE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Doctors' Center, Inc. hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Ieveloper is the owner of Doctors' Center, Second Filing situate in the County of Larimer, State of Colorado, 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, Ieveloper desires to develop said property as a commercial subdi- vision and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is on file in the City Planner's Office and by this reference made a part hereof; and WHEREAS, Ieveloper has further su}iitted 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 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's planning and zoning board has approved the master plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEPJMRE, 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 described on the subdi- vision plat. 2. Elect-ric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and faciliites 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. Such installation shall include all street lights required for the development. 3. Storm Sewer Lines and Facilities. a. The developer shall install all storm sewer lines and facilities shown on the utility plan. b. Developer agrees to complete the installation of said lines and facilities in an orderly fashion 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 control and drainage of storm waters. c. All of said facilities shall be installed at the sole expense of the Developer. d. 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 -2- 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. 4. Streets. a. The Developer agrees to install all curb, gutter, sidewalk, and curb cuts as indicated on the utility plan. The Developer further agrees to repair all existing streets damaged during the process of development or open -cut to install utility service lines to the property. b. The installation of all streets, improvements, and repairs 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. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO ATTEST: City Clerk City Manager • :��ji%'JIB C �t Dire tb f ing ervices zz�,/ . City Atto l Develo Tit i -3- May 9, 1979 The subdivision agreement for Doctors' Center, Second Filing, is hereby anended as follows: 3. STORM SEWER LINES AND FACILITIES: Add the following: E. The replat of Lots 1 and 3 has caused the original detention pond to be razed. The developer, there- fore, agrees to complete the installation of the new detention facilities prior to being issued a certificate of occupancy for the replat. jTHE C OF pFOKP COLLINS, COI1J ATTEST: / �i Assis ant City Manag City Clerk APPROVED: Director cf Public Worlks Develo r% Title we C` f City Attorney ATTEST: Title