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Home My WebLink AboutEDORA ACRES SECOND REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31UPILITY ilGl?L;I[t�J T TfIIS AGRLLMLIJI' is made and entered into this t clay of A. D. 1977, by and between 'ITIE CITY OF FONT COLLINS, COIORADO, a cor- GV0-W-ez-+La"Dw poration, hereinafter sometimes designated as the "City", <ind y hereinafter designated as the WITNESSE'I'I I : WHEREAS, Developer is the owner of certain property si.tuaLe in the County of Larimer and State of Colorado and legally described as follows: REPLAT OF EDORA ACRES, SECOND FILING situate in the northeast 1/4 of Section 19, T 7 N, R 6 8 W of the Sixth P.M., Fort Collins, Colorado. WHEREAS, Developer desires to develop said property as a residential sub- division and has submitted to the City a subdivision plat (arid a site plan if said property is to be developed as a Planned Unit Development), a copy of which is on file in the Office of the City Engineer and ley this reference made a part hereof; and WHEREAS, 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 City Engineer and by this reference made a part hereof; and WHEREAS, the parties hereto have agreed that the develu moit of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of ccrt-r_in 01,rovements 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 Man whyire applicable) submitted by the Developer subject to certain re !ir_ements and conditions which involve the installation of and <onsL_1.1lct.ion of IlLilities and other municipal improvements in connection with said lands. NOW, TItE<REFOIE, in consideration of the prenuses and the terms and conditions herein stated and for other valuable consideration, t'he adc�juacy of .,;hich is acknowledged by the parties hereto, it is agreed as follovr: 1. Except as otherwise herein specifically agree:, the D, veloper agrees to install and pay for all utility lines, storm drainage faci?iti_es, streets and other municipal facilities necessary to serve the lands ithin the subdivision. 2. Water Lines. a. Developer_ agrees to install all water lines as on the utility plans in accordance w.ih the requirements and as shov.m on saici plans, ��l�ether such lines are actually on the property, borderin(j the property or on other lands connecting the subject property to the existing City ��:ater distribution system. b. Such water lines shall be installed in full coilpli�,nce with the standard specifications of the City on file in the office of tine City Engineer and applicable provisions of the City Code relatincj to the installation of such lines. c. Developer understands and agrees that no building :-)ernLit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installel anal accepted by the City. d. Any water lines described on Exhibit T., atta(Ale,_i hereto, shall be installed within the time required on Exhibit A. I'L t!-)e City Eilgincer det_erznines that any lines shown on the utility plans are rcxiui_red to prcM,, e sr,�-vicu to other areas of the City, those lines shall be installcNl with i.n tl,,, i- . e dc-termined by the City EngiiiQ!er. -2- e. All of said lines shall be installed at the sole expense of file Developer. f. The installation of said Line shall be i_nsxctc:l by the Engineering Services Department of the City and shall be subject to such �1eL�Zru.« nt's ap- proval. Developer agrees to correct any clef ici_encies in such installation in order to meet 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 .,ewer 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 understands and agrees that no building ix> rmit shall be issued by the City for any structure in the subdivision 1-mLil the sanitary sewer line serving such structure is installed and accepted hl% the Cit'I d. Any sanitary sewer lines described on Exhibit i., at-tached hereto, shall be installed within the time required on Exhibit A. If the City Engineer deternnines that any lines shown in the utility plans are reclu irod to provide service to other areas of the City, those lines shall L. instaP ed within the time determined by the City Engineer. -3- e. All of sain _fines shall be installed at the )l.c exlxnnse of Developer. f. The installation of said lanes shall be insix,c-, ;-\I by the Engineezing Services Department of the City and subject to such department's o dwoval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable tc such installation. 4. Electric Lines and Facilities. The City Light_ and Veer Depa-tment shall install all electric distribution lines and facilities requires: 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 1 � jhts recfiired for the develol-anent. 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 L installed in fu.l.l 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. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent d,-imay,, to oUier utilities, streets,, curb, gutter, sidewalks, and all ad jacem properties. In -4- any event, all of said lines and facilities shall be compleLod within twelve months from the date of this agreement. d. All of said facilities shall be installed at Lhe sole c..::lense or Developer. e. The installation of all of such lines and facilities shall be inspected by the Engineering Services Department of the City and shall be sub- ject to such depar_trix2nt's approval. Developer agrees Lo correct any deficiencies in such installation in order to nx_,,et the .requirdr,-ants of the i-I ans and the specifications applicable to such installation. 6. Streets. a. The Ieveloper agrees to install all streets shoom on the utility plans, complete with pavin_-, curb, cjutter and sidewalks. b. Such streets shall be installed in full compliance with the sl.andard specifications of the City on file in the office of the CiL/ Eri_I.inccr relaLing to the installation of such streets. c. No building permit for the construction of any structure in U', subdivision shall be issued by the City until the street provIDing (access Lo the structures is inproved with at least the gravc-t lxise rcul ri..r d. Eurthei ,rare, no building permit shall be issued by the City for any strucLure looted in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, at_Lached herelc), shall lhi completely irisL-alled within the time re-Auired on E:chi_bit A. ] I- L-1ic pity Eriq:inecr determines that any streets shown on the utility plans are to provide access to other a7.eas of the City, those streets sha11 be in:; 11eci within the time required by the City Engineer. -5- e. All of said streets shall be installed at: the sole uxjx,Ilse of ':lie Developer. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications n1 plicable to such installation. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to individual lots have been installer] from main utility lines to the property line. 7. Other. Requirements. None. 8. Miscellaneous. a. This agreement shall be binding upon the por_ties hereto, their heirs, personal representatives and assigns. b. 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 reci,li ccTny,nts of the :,ajie. TIE CITY OF' FORD CULINS, COLORADO By City Manager-- -6- �Hty Clerk -7- Duve Title DCURIT A 1. Schedule of water lines to be installed out of se-cluence. Nonapplicable. 2. Schedule of sanitaty sewer lines to bL installed out of sc�uence. Nonapplicable. 3. Schedule of street improvements to be installed out of sequence. Nonapplicable. ?55947 1985 f Et — I " 9: V. �_ T^ RA �! _ NOTICE Please take notice that on December 17, 1984 the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the R-M Conversion _ Plan of the planned unit development known as Erin Court Triplex (subject property), which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The R-M Conversion Plan of the subject property together with the development agreement dated between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or, subsequent owners of the subject property, are on file in the office of the Clerk of Che City of Fort Collins. The subject property is more particularly described as follows: Lot 3, Replat of Edora Acres, 2nd Filing Offsite easements required for utilities to serve this planned unit development are recorded with the Larimer County Clerk and Recorder. ary, Planning & Zoning Board City of Fort Collins Dated: i-anuar'y 36 lga,5