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HomeMy WebLinkAboutGEORGETOWN PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-13SUBDIVISION AGPT�E= THIS AG'.,u E'IFNi' is i�zde and entered irrto this 11q day oI. 1_(_7/G A.D. , by and between THE CITY OF FORT COLLINS, COLORADO, a r=ic:ipal corporation, hereinafter sometimes designated as the "City" and rl"c(, F. M1112204 hereinafter designated as the "Developer", WiTNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: GEOR=OWN P.U.D., located in the Northwest ; of Section 27, Township 7 North, Range 69 West of the Sixth P.M., City of. Fort Collins. WYE TAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a subdivision plat (and a site plan Of 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 by this reference rkade a part hereof; and yi'HERE'1S, 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 F7EIEREAS, the parties hereto have agreed that the development of said lands will recjiire increased municipal services from the City in order to serve such are, and will fiu-they reTiire the installation of certain improvements prir�rily of benefit to the lands to he developed and not to the City of Fort Collins as a whole; and OVIFRF.AS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requirements and conditions which Kv._ve the installation of and con. ruction of utilities and other urainicipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is ;c':^owl= lgxd by the parties hereto, it is agreed ems, follcws: 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 within the subdivision. 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 he installed in full compliance with the standard 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 understands and agrees that no building permit for any structure in the subdivision 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. Any water lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. -2- e. All of said lines shall 1-*, installed at the sole ex;�nse. of. the Developer. f. The installation of said line shall be inspected by the Public [;br_ c; Departmk [nt of the Clity <und shall be st±bject to such cteparnieit'S afr proval. Developer agrees to correct any deficiencies in such installation in order to neet 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 sub;xt property. b. Such sanitary sewer lines shall be installed in fall conpliance 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 perm, it 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. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the tine required on Exhibit A. If the City Engineer determines that any lines shoc,n in the utility plans are rem_pired to provide service to other areas of the City, those lines shall be installed within the tim:> determined by the City Engineer. e. All of said lines shall he installed at the sole expense of the Developer. -3- f. 'Lpnt, installation of Stid Tines ehal.l lr2 insctcx: by the'Public Works 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. n. Electric Lines and Facilities. 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 u rk in accordance with the established charges of the Light and Power Department. Such insta- lation shall include all street lights required for the development. 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 agrees to complete the installation of detention facilities prior to the issuance by the City of more than four building permits or two certificates of occupancy for any structures within this subdivision. d. Idl of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall_ to installed at the sole expense of Developer f. `.Che installation of all of such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject MIE to such department'_, approval. Developer agrees to - greet any deficiencies in such installation in order to meet the requiresrents of the plans and the specifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shoran on the utility plans, complete with paving, curb, gutter and sidewalks. b. Such streets shall he 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 streets. c. No building permit for the construction of any structure in the subdivision shall he issued by the City until the street providing access to the structures is improved with at least the gravel lose rewired. Furthermore, no building permit 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 Exhibit A, attached hereto, shall be completely installed with the time required on Exhibit A. If the City Engineer determines that any streets shoran on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the time required by the City Engineer. e. All of said streets shall he installed at the sole expense of the Developer , except the City shall pay those additional costs of: installing Drake Road as an arterial rather than as a residential street, including the cost of installing a seven foot bikepath rather than a four foot sidewalk. f. 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. g. Street improvements shall not be installed until all utility lines to bee placed in the streets have been completely installed and all services to -5- individual lots havc `peen installed from main utilit• lines to the property h. The Developer agrees to provide and install at his expense adequate barricades, warning 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 measures to insure the public safety. 7. Other Requirements. a. Developer agrees to install all improvements indicated on the site plan for this sukdivision, includign those improvements located in the easein--t for Spring Creek. b. Such improvements shall be installed at the sole expense of the Developer. 8. Miscellaneous. a. This agreement shall be binding upon the parties 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 requirements of the same. A`ITFST: City Clem APPMVED: c Direr r of lic F;-oS_hs . �5s 17 Ci_ty\ALtorney —/ OF FORT' COLLINS, COIORADO mi ll ex P,-opENF%=s b.,Q . I jMW 'P DeVelvL,�..i- mule MUMMMM 1. Schedule of grater 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. Developer agrees to complete improvements on Drake Road no later than June 1, 1930.