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HomeMy WebLinkAboutFOX MEADOWS SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-07SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this ' day of . PL4(?n A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and AMERICAN CONTINEN- TAL CORPORATION, hereinafter referred to as "the Developer," WITNESSETH: 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: Fox Meadows Subdivision, 2nd Filing; being a resubdivi- sion of Tract "B", Fox Meadows Subdivision, a part of the north half of the northwest quarter of Section 32, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential 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 City Engineer 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, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision shall be issued by the City until the water line, fire hydrant, sanitary sewer, street (with at least the base course completed) serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. 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 -2- 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. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer, storm sewer and appurtenances, and all streets, curb, gutter, sidewalks, and bikeways and other municipal facilities neces- sary to serve the lands within the subdivision. F. Street improvements (excepting curb, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Services Division of the City and shall be subject to such department's ap- proval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the -3- plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies of 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.). Not applicable. D. Streets (oversizing, traffic lights, signs, etc.). Not applicable. E. Other requirements. Not applicable. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs, etc. at all construction within the public right-of-way and/or other areas deemed necessary by the Director of Engineering Services in accord- ance with the City's "Work Area Traffic Control Handbook" and ILIE shall not remove said safety devices until advised to do so 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. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any accumulation or dirt and/or construction materials which will add to the accumulation of dirt shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satis- faction of the Director of Engineering Services. In the event that the Developer fails to adequately clean up the streets within two (2) days after written notice, the City may have the street cleaned and bill the Developer for said costs of cleaning. C. The Developer shall cause his subcontractors to cooperate with the C'ity's construction inspectors by ceasing 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. The City's construction inspectors shall, however, permit operations to begin within the earliest possible time after they are halted. -5- APPROVED: r C� Uire r of Pub -Tic orks City Attorney D. Where erosion (either by wind or water) is likely to be a problem, in the Inspector's opinion, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Tempor- ary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. The control may consist of, but may not be limited to, seeding of approved grasses, temporary dikes, gabions, or other devices. E. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. F. 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 requirements of the same. THE, TY OF FORT COLLINS, COLORADO A rlluni ipal Corporation ATTEST: L��,l,R `\\\ZlZ_,c•C� City Manager City Clerk '"'� -6- (CORPORATE SEAL) AMERICAN CONTINENTAL CORPORATION Developer 1 / Ln� ' ------ Title -7- EXHIBIT "A" 1. Schedule 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 street improvements to be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. Not applicable.