HomeMy WebLinkAboutGOLDEN MEADOWS FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-14SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this a3rd day of December,
A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and COLLINDALE SOUTH
GROUP II, A Colorado General Partnership, 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:
Golden Meadows Fifth Filing Subdivision, situated in
the SW 1/4 of Section 31, Township 7 North, Range 68
West of the Sixth P.M., City of Fort Collins, County of
Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property as a residen-
tial and commercial 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
Development), 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 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 lines, fire hydrants, sanitary sewer and streets
(with at least the base course completed) serving such struc-
ture have been completed and accepted by the City. No build-
ing 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,
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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
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 and
storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other municipal
facilities necessary to serve the lands within the subdivi-
sion.
F. Street improvements (except curbing, gutter and walks)
shall not be installed until all utility lines to be placed
therein have been completely installed, including all indivi-
dual lot service lines leading in and from the main to the
property line.
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G. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
proval. The Developer agrees to correct any deficiencies in
such installations in order to meet the requirements of the
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
on 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.).
All storm drainage facilities in right-of-way shall be in-
stalled with the construction of the public streets. All
other facilities for each tract shall be completed before any
C.O.'s will be released on individual tract being considered.
D. Streets (oversizing, traffic lights, signs, etc.).
The City shall repay the Developer for construction of Wheaton
Drive to collector standards in lieu of local street standards
in accordance with City Code 99-6(F).
E. Other requirements.
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3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety devices
at all construction sites within the public right-of-way
and/or other areas as deemed necessary by the Director of
Engineering Services in accordance with the City's "Work Area
Traffic Control Handbook" and shall not remove said safety
devices until the construction has been approved 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 excessive accumulation or dirt and/or construction
materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy
until corrected to the satisfaction of the Director of Engi-
neering Services. In the event that the Developer fails to
adequately clean the streets within two (2) days after written
notice, the City may have the street cleaned and charge the
Developer for said costs of cleaning.
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C. The Developer hereby insures that his subcontractors shall
cooperate with the City'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.
D. When the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of erodable
earth material exposed at any one time shall not exceed
200,000 square feet for earthworks operations. Temporary or
permanent erosion control shall be incorporated into the
subdivision at the earliest practicable time. By way of
explanation and without limitation, said control may consist
of seeding of approved grasses, temporary dikes, gabions,
and/or other devices.
E. This Agreement shall be binding upon the parties hereto, their
successors, heirs, personal representatives, and assigns.
F. Nothing herein contained shall be construed as a waiver of any
requirements of 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 CITY OF FORT COLLINS, COLORADO
A iporporation
ATTEST: ,((�
By:
Menages _ZZ.Z
`-
COLLINDALE SOUTH GROUP II,
A Colorado. -General Parr ip
K. M7 Tiley,, ManagingTPartn
v
Floyd W. Defines, Partner
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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.
The construction of sidewalks throughout the site shall be built
according to a development phase plan to be submitted and approved
before construction can commence on Tracts A and B. The improvement
required on Harmony Road shall be submitted with the utility plans
for Tract "B".
4. Storm drainage improvements to be installed out of sequence.
See Section 2.C. of this agreement.