HomeMy WebLinkAboutSOUTHMOOR VILLAGE FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-30TiiIS A�;Rr:FT•SNT is made and entered into this �Q�— — day of
A.D. 1979, by and between THE CITY OF FOFC COLT NS,
CY-)TORkDO, a municipal corporation, hereinafter sarn_tiures designated as the
"City", and E. E. Mitchell _& Commpany_ _ -
hereinafter designated as the "Developer",
WLT2 EWSSOIH:
P 1F,RF_kS, Develops is the o •:ner of certain prop rty situate in the County
of Tgriirr and Slate of Colorado and legally described as follows:
Second Ammendment, Foothills Plaza P.U.D., being Tract "E"
of Southmoor village, Fifth Filing, a plat of record, City of
Fort Collins, County of Larimer, State of Colorado.
_ S, Develo�r desires to develop said prop- �y as a commercial
sulx3ivision an3 has sullnitted to the City a subdivision plat (and a site plan
if said pro nrty i.s to be developed as a Planned Unit Develofyrcnt), a 0 of
w}iich is on file in the office of the City Engineer and by this reference made
a part hereof; and
MERES, Developar has furth r sulmitted 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
L•ir:}L,TS, tlk-- parries hereto have agread that the develoEvrent of said lands
will
rcvluire
increased
municipal
services from
the City in
order to serve such
area
and will
furfh:s
require the
installation
of certain
improvements
primarily
of 1,,jefit to the lands to be developed and not to the City of Fort Collins as
a 41role; and
the City has approved the subdivision plat (and site plan where
applicable) sulinitted by the Develo�r subject to cer{ate requiraT nts and
e. The installation of said hydrant shall be inspected by
the Conununity Development Department of the City and shall he subject to such
departmenL's approval. Developer agrees to correct any deficiencies in such
installation in order to meet the requi.rements of the plans and the specifications
applicable to such installation.
4. Sanitary Sewer
a. Developer understands and agrees that no building permit
shall be issued by the City for any structure in the subdivision unti.l the
sanitary sewer Liue serving such structure is installed and accepted by the City.
5, ILlcceric Lines and Facilities. 7'he City Light and Power
Department shall installall 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. Such installation
shall. include n1.1 street. lights required for the development.
6. storm Sewer Lines and Facilities.
a. The Developer shall_ install all storm sewer lines and
facil.iti.es shown on the utility plans. it is understood that such lines and
facilities may noL represent all of the Developer's obligntions in this regard
and additional_ requirements may be made by the Clty at other stages of the
development.
b, Such storm sewer lines and facilities shall be installed
in full compliance witli 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
1_ines and facilities in an orderly fashion durin£; the process of development, so
as determined by the City Engineer, to prevent damage to other utilities, streets,
curb and gutter, sidewalks, and all adjacent properties.
d. All of said lines shall be installed at the sole expense
of the Developer.
e. The installation of all such lines and facilities
shall be inspected by the Community Development 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.
7. On -site Improvements.
The Developer agrees to install all on -site parking areas,
sidewalks, curb, gutter, and driveways in the manner indicated on the utility
plans. Any deviations from the original planshall bee made only with
written permission of the City Planning Department in order to insure uniform
and safe vehicular, and pedestrian flow.
8. Traffic Control.
a. The Developer agrees that there is a need for stop
signs at all parking lot exits and he shall provide said signs at his own
expense. The Developer agrees also that stop signs are necessary at the
College Avenue and Monroe Drive entrances and these signs shall also be
provided.
b. The Developer further agrees that the traffic conditions
generated at the intersection of South College Avenue and Monroe Drive
warrant signal.i.zation of that intersection. The estimated cost of this
sigualization is $25,000 of which the Developer agrees to participate as
n 25% contributor.
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9. Sidewalks.
The City agrees that there is no immediate need for bicycle
or pedestrian walks within the right-of-way of said lands at this time.
However, should development of adjacent lands at any time in the future
warrant the need for said walks, as determined by the City Engineer, the
Developer agrees to install all walks upon request of and to the specifications
of the City.
10. Performance and Payment Bond.
To insure Developer's performance under this agreement,
Developer has provided the City a satisfactory surety bond in the amount
of $6,250 conditioned on Developer's full performance of its obligations
hereunder and payment by the Developer of the cost of installing all
improvements required to be paid for by the Developer.
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.
ATTEST:
t
City Clerk
APPROVED:
Dfrectot of Engineer ng Services
City Attorney
THE CITY OF FORT COLLINS, COLORADO
BY
City Manager
f
Developer
conditions which it lve the installation of and c 3truction of utilities and
oth::r rr.uricipal improverr�nts in connection with said lands.
TuiERE�C)RE, in consideration of the premises and the ter s and conditions
herein staffed and for other valuable consideration, the adequacy of which is
acknowledged by the parties hereto, it is agreed as follows:
1. Fe 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 within the subdivision.
2. i-.ater Lines.
a. Developer agrees to install all water lines as shown on the utility
plans in accordance with the resuirerents and as shown on said plans, whether
such lines are actually on the prop` rty, bordering the prroparty or on other
Ian, -Is connecting the subject property to the existing City pater distribution
system.
b. such water lines shall be installed in full con?liance with the
strinciard specifications of the City on file in the office of the City Engineer
and applicable provisions of the City Code relating to the installation of such
lines.
C. Developer iur3ersta-,Os and agrees that no building permit for any
structure in the sulrlivision
shall be issued by
the City
until the water
line
and the fire hydrant serving
such structure is
installed
and accepted by
the
City.
d. A,-v water lines described on Exhibit A, attached hereto shall be
install within the time required on Exhibit A. If the City Fngineer determines
that any lines sho.vn on the utility plans are required to provide service to
oth-.r areas of the City, those lines shall be installed within the ti Te determined
by the City Fnyineer.
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e. All of said lines shall be installed at .he sole expense of the
A veloper
f. The installation of said line shall be inspected by the Public
jvarks Dep3rtrn nt: ' of the City and shall he subject to such departrent's ap-
r' agrees to correct any deficiencies in such installation in
proval. Develope
or(.,er to ircet the requirurents of the plans and the specifications applicable
to such installation.
F]
sanitary Sew r Collection Lines.
a. The Develop'r agrees to install all sanitary sewer collection'
lines sho,an on the utility plans, whether the swie be on or off the subject
Property.
b. Such sanitary sewer lines shall be installed in full colrpliance
with the st-andard specifications of the City on file in the office of the City
F-rlgincer relating to the installation of such lines.
C. Dev lour unlerstanis an3 agrees that no lwilding permit shall be
issilrby the City for any structure in the sibdivision until the sanitary sewer
line serving such structure is installed and accePted by the City.
d. Any rani ary sewer lines describ d on Fxilibit A, attached hereto
shall be installed within the tine required on FJchibit A. If the City Fngineer
d tennincs that any l -Des shun in the utility plans are required to provide
servi_rz to other areas of the City, those lines shall be installed within the
tire determined by the City F-ngineer_
e. All of said lines shall be installed at the sole expose of the
D_veloper
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f. The installation of said lines shall be inspected by the Public
1-brks Department. of the City and subject to such der-kartm,nt's approval.
Develo'-,er agrees to correct any deficiencies in such installation in order
to rrret the requirenents of the plans and the specifications applicable to
such installation.
4. Electric Lines and Facilities. The City Light and Porter Denartrrent
shall install all electric distribution lines and facilities required for
the subject ninperty and the Developer shall pay for such work in accordance
with the establish d charges of the Light and Power Departrm-rt. Such insta-
lation shall irxarrie all street lights required for the develop -Tent.
5. Storm Sews 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 czxrT,)liance 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 oaplete the installation of detention
facilities prior to the request for the issuance of a Certificate of
Occupancy.
d. All of said lines and facilities shall be constructed in an
orderly fashion, as determined by the City Figineer, so as to prevent da=rage
to other utilities, streets, curb, gutter, sidewalks, and all adjacent
properties.
e. All of said facilities shall be installed at the sole eKp=nse
of Developer.
f. ru,2 installation of all of such lines and facilities shall be
i nslr_ct cA by the Psbl is WDrks D2partirc_nt of the City and shall be subject
to such departrent.'s ?proval• Developer agrees to ,rrect any deficiencies
in such installation in order to rreet the requireirents of the plans and the
specifications applicable to such installation.
6. Streets.
a. The Developer agrees to install all streets shown on the utility
plans, car,37ete with paving, curb, guttet and sidewalks.
b. Such streets shall be installed in full mnpliance with the standard
slx cifical ions of the City on file in the office of the City Engineer relating
to the installation of such streets.
c. I3o hkiilding permit for the construction of any structure in the
sulrlivision shall be issues by the City until the street providing access to
the structures is isrp roved with at least the gravel base required. Forthen ure,
no building Ix -emit shall he issued by the City for any structure located in
excess of 660 feet from a single point of access.
d. Any streets described on EY;hibit A, attached hereto, shall be
co'joletely
installed
with the tine
rerniired on Exhibit A.
If the City Engineer
deternnines
that any
strei--ts shown on the utility plans are
required to provide
access to other areas of the City, those streets shall be installed within the
tim. rcgilred by the City Enginer_
e. All of said streets shall be installed at the sole expense of the
Doveloper.
f. Doveloper agrees to correct any deficiencies in such installation
in order to treet the require, -rents of the plans and the specifications applicable
to such installation.
g. Street i=_roverents shall not be installed until all utility lines
to be placed in the strc,^ts have b7tin co,nletely installed and all services to
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iruividual lots have b-On installed from rain utility lines to m property
line.
h. The Iy-veloper agrees to provide and install at his expense adequate
barricades,
warni�-)g signs, or other devices
on the dead ends of
streets to be
continued.
unfinished crossings, and other
sites designated by
the City Engineer
as areas requiring such 7reasirres to insure the public safety.
7. Other R�-Triremnts.
None
8. Miscellaneous.
a. This agreamant shall be binding upon the parties hereto, their
heirs, Frrsonal representatives and assigns.
b. Nothing herein contained shall b construed as a waiver of any
reanire.-ents in the City Subdivision ordinance or any other provision of the
City Code and the Developer agrees to co7ply with all requirerents of the same.
AVCk��'e
C
APPROVED:
Dire���ofPubli_c`P7o_✓ks. `
C i ty Attotney
SE
T'rIE Cl!q OF FORT COLD'S, COEORADO
By 11C,
City Manager
A 6.
Title
1. Schrdule 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 si-reet im-prove-rmnts to be installed out of sequence.
Not applicable
AGREEMENT
THIS AGREEMENT is made and entered into this // ih day of
A.D. 19 7 by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated
as the "City", and HQ, Inc. hereinafter designated as the
"Developer",
WITNESSETH:
WHEREAS, Developer is the owner of Lots 'T' and 'U' of Southmoor
Village, Fifth Filing situate in the County of Latimer, State of Colorado, more
particularly described on the subdivision plat on file in the Office of the
City Engineer and by this reference made a part hereof; and
WHEREAS, Developer desires to develop said property as a
Commercial subdivision 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
Office of the City Planner and by 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
1 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 primnril.y 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, 'LHEREFORE, 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. The City hereby approves the master plan submitted by the
Developer, it being understood that such approval is approval only of the
general scheme and concept of development shown thereon and that the City
may impose additional_ requirements on final. plats for any portion of said land
consistent with the general scheme of development shown on the master plan.
2. 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 subdivision plat such lines, streets and facilities including,
but not limited to, those shown on the utility plan for said lands.
3. Eire Hydrant.
a. Developer agrees to install the fire hydrant as shown
on the utility plan in accordance with the requirements and as shown on said
plans.
b. Said fire hydrant 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 hydrants.
C. 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.
d. Said fire hydrant shall be installed at the sole
expense of the Developer.
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