HomeMy WebLinkAboutINDIAN HILLS WEST PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-04Ili S h yvy T is
r.3de and entered into
this
clay of
A.D. 1979, by and
betti�err iiE CITY 0= FOitP
(>JISJNS,
COIORADo, a municipal
corporation, hereinafter scm,-1_im-s designated as the
"City", and _-- — - Danny J_BaileY andGeorge W. Betz__ --
hereinafter designated as the "Developer",
WrIpIESSEPH:
1.':iFRR_kS, F.evelo,-x-r is the o•,zner of certain property situate in the County
of 7arim:r and Suite of Colorado a;d legally descrill_�d as follows:
INDIAN HILTS WEST P.U.D.; situate in the Northwest one --quarter
of Section 24, Township 7 North, Range 69 West of the 6th Principal
Meridian, City of Fort Collins,- County of Larimer, State of Colorado.
id1iRREAS, Developer desires to develop said pro -arty as a residential
sutxlivision and h��s sabnitted to the City a sulxlivision plat (and a site plan
f said property is to be developed as a Planned Unit Develop;rent), a copy of
w iich is on file in the Office of the City angineer and by this reference trade
a part hereof;
aryl
liElZ?�S,
Develops has
further suhnitted to the City
a utility plan for
:aid lands, a copy of which is on file in the Office of the City Enginr and
by this reference Trade a part hereof; and
w iFjrc As, the parties hereto have agreed that t1r development of said lands
will require increasedu6nicipal 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
Y:.hERc_AS, the City has approved the subdivision plat (and site plan wh-ere
applicable) sutmitI-- by the Developer subject to certain requiramnts and
e. All of said Ines shall he installed at tl, sole expanse of the
Dsvel oixr .
f. The installation of said line shall be inspected by the Public
j7�rks Begar nt_1,of the City ana shall be subject to such department's ap-
proval. Develops agrees to correct any deficiencies in such installation in
order to ire -et the requi-iorents of the plans and the specifications applicable
to such installation.
3_ Sanitary Sevrar Collection Lines.
a. The Developer agrees to install all sanitary sewer collection
lines sly7F en on the utility plans, whether the sarre be on or off the subject
prop'rty-
b. Suc;Z sanitary so4ar lines shall be installed in full_corrrpliance
with the standard s:�y �cifications of the City on file in the office of the City
Fngin, s relating to the installation of such lines.
c. Developer urr3erstands and agrees that no bailding permit shall be
issued by the City for any structure in the subdivision until the sanitary sear
line sewing 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 swan in the utility plans are required to provide
service to other areas of the City, those lines shall be installed within the
tine determined by the City En,3ineer.
e_ All of said lines shall be installed at the sole expense of the
Developer,
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f. T.ie i_rst-;� _tion of raid lines shall be s cted by the Public
SJori D_a:rin�r�t of the City and subject to such de! rt�7 S approval.
r),--velolxs agrees fo correct any deficiencies in such installation in order
to meet the rc-,]uiraTests of the plans and the specifications applicable to
such installation-
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Electric Lines and Facilities. The City Light and Powns D _oartsrknt
shall install all electric distribution lines and facilities required for
the snbjcct T,roiyerty and the Developer shall pay for such work in accordance
with the est,blished charges of the Light and Power Depactrrent. Such insta-
lation shall include all streat lights required for the development.
S. Storm Seer Lines and Facilities.
a. I'rie Davelcper shall install all storm sewer lines and facilities
shown on the utility plans_
It. Stich storm sewer lines and facilities shall tn_ installed in
full mrrpli_auce with the standard specifications of the City on file in the
office of the city Engineer relating to the installation of such lines.
c_ Ik�veloper agrees to carplete the installation of detention
facilities Prior to the issuance of building permits for more than 28 lots
within the area of lots numbered 1 through 50.and prior to the issuance of building
permits for more than 30 lots within the area of lots numbered 51 through 108.
d. All of said lines and facilities shall ire 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 be installed at the sole expense
of Developer
f_ The installation of all of such lines and facilities shall be
inspected by the Public WDrks Departrt2tnt of the City and shall be subject
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to such
depart= -it's
a=
al.
Developer
agre<s
to cor
,t any deficiencies
in such
installation
in olr:_r
to 1;t— t t` _
rc,r..:
_ tints of
;he p: vns a*a the
sp—cifications applicable to such installation.
6_ Streets.
a. The Developer agrees to "install all streets shown on the utility
plans, cci,.plete with paving, curb, guttet and sidewalks.
b. Such streets shall be installed in full cctrpliance with the start�ard
sir_-ci f ications of the City on file in the office of the City Fnginer relating
to the installation of such streets.
c. No building permit for the construction of any structure in the
subdivision shall be issued by the City until the strc-et providing access to
the siiuci_tues is improved with at least the gravel base rerniire3_ Furtherrwore,
no building permit shall be issued by the City for any structure located in
excess of 660 feet from a single point of access_
d. Any struts described on Exhibit A, attached hereto, shall be
completely installed with the tijTe required on Exhibit A. If the City Enginc-er-
determines that any streets shown on the utility plans are required to provide
access to other areas of the City, those streets shall be installed within the
time req red by the City Engineer.
e. All of said streets shall be installed at the sole expense of the
Developer,
f_ Doveloi-r_r agrees to correct any deficiencies in such installation
in or-dQr to neet the require-nants of the plans and the specifications applicable
to such installation.
g. Strczt iuproverents shall not be installed until all utility lines
to be placa9 in the streets have le n coipletely installer) and all services to
I&M
line.
h. T1k-e D=velopar agrees to provide and install at his e> s e adequate
barricades,
warning signs, or other devices
on the dead ends of
streets to be
cpntinued,
unfinished crossings, and other
sites designated Yry
the City Flgineer
as areas reTiiring such neasures to insure the public safety.
7. Other R� i rerrents_
None
8_ Miscellaneous.
a. This agree;ent shall be binding Lin the parties hereto, their
heirs, personal representatives and assigns.
b. 13oihing herein contained shall be construcA as a waiver of any
recplres2nts in the City subdivislon Ordinance or
any
other provision of the
City Code and
tie Developer agrees to conply with
all
requi.remnnts of the same.
�TFST:
City Clerk
APPROVED:
Di red b of Public Wo_
/7
-
c
�ss'%4�4ytt26,jIey
_ rIE CITY OF FOKP COILD, S, COIDRADO
4
City Manager
=_---� Title
Il velo� r .
ot}, rr micir al ire r, _, nts in connection with sa- lands.
1: 7A, 'lilz.Rr l7F2E, in consideration of the pre.-nises and the terms and 00viitions
h:rcin st3trd and for other valuable consideration, the adequacy of V? is
acl e-mlcdged by the parties hereto, it is agreed as follows_
1_ FJxcept as otherwise herein specifically agreed, the Developer agrees
10 ine;i all arri par for all utility lines, storm drams age facilities, streets
«r3 otlicr 3rn.inicipil facilities necessary to serve the lands within the subdivision.
2_ Vater Lines.
a. }rveloper agrees to install all water lines as sha.an on the utility
plans
in acN-zDrdance with
the requiredF nts and as shown on said plans,
w,,iether
such
lines are actually
on the prof r-ty, lnrdering the property or on
other
lands cDnnecting the subject prof rty to the existing City water distribution
System.
b. Such water lines shall be installed in full coirpliance with the
standard sp-cifications of the City on file in the office of the City Engineer
and app]icable provisions of the City Code relating to the installation of such
lines_
c. Developer imderstai-Os 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 wator lines describxl on RO iibit A, attached hereto shall be
installed within the tip required on ESchibit A. I£ the City Engineer determines
that any lines s7-yy.m on the utility plans are required to provide service to
other areas of the City, those lines shall be installed within the ti,-re determined
by the City Engineer.
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e. All of id lines shall be installed z the sole expense of the
Devel orxs .
f. The installation of said line shall be inspected by the Public
yiD,7ks - DeparLTFLnt 1, of, the City and shall be subject to such depastm'nt's ap-
proval. Developar agrees to correct any deficiencies in such installation in
order ion et the requir nts of the plans and the specifications applicable
to such installation.
3. Sanitary Se er Collection Imes.
a. The Developer agrees to install all sanitary sewer collection
lines sh l m on the utility plans, tihether the sane be on or off the subject
property-
b. Such sanitary sewer lines shall I>e installed in full-ccvroliance
with the standard spzcifications of the City on file in the office of the City
Engineer relating to the installation of such lines.
c. Devalos wxlerstands and agrees that no building permit shall be
issue by the City for any structure in the subdivision tmL1 the sanitary se»ter
line serving such structure is installed aril 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 Fugineer
determines that any 1_ises sha.,m in the utility plans are required to provide
service to other areas of the City, tlrDse lines shall be installed within the
tijm determined by the City Engineer.
e. All of said lines shall be installed at the sole expense of the
Developer,
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ii-_ ,Nation of said lines shall -= inspected by the Public
D_'.�artjientof the City a.rd subject to such depart ii nt's approval.
Developer agrees do oorrect any deficiencies in such installation in order
to rrr'et the regcirerents of the plans and the specifications applicable to
such installation.
4. Flectric Lines and Facilities. The City Light and Fbwer D _nartm nt
shall install all electric distribution lines and facilities required for
the subjc�t niopei-ty and the Developer shall pay for suchworkin accordance
with the established charges of the Light and R7.aer Department. Such insta-
lat-ion shall include all strut lights required for the develop ent.
5. storm Se -war Lines and Facilities.
a. Tne Dcvel.o�r shall install all storm sewer lines and facilities
sho•.an on the utility plans-
b. Such storm se„er lines and facilities shall be installed in
%11 oDrnnliance with the standard specifications of the City on file in the
office of the City Engineer relating to the installation of such lirys.
c. D veloper agrees to anplete the installation of detention
facilities prior to the issuance of building permits for more than 28 lots
within the area of lots numbered 1 through 50_and prior to the issuance of building
permits for more than 30 lots within the area of lots numbered 51 through 108.
d. All of said lines and facilities shall he constructed in an
orderly fashion, as detenninA by the City Engineer, so as to prevent damage
to other utilities, streets, curb, gutter, sidetaallcs, and all adjacent
properties.
e. All of said facilities shall be installed at the sole expense
of Develops
f. The- installation of all of such lines and facilities shall be
insp�ted by the Public WDrks D�apartrent of the City and shall be sbject
to su:h der.r tr
tird the
-Itos proval. Developer agrees to �rrect any daficierrcies
in such installation in order to rm_et the rc-T re'-nts of the olt�s
specifications applicable to such installation.
6. Streets.
a. The (Developer agrees to install all streets shown on the utility
plans, con?lete with pav-'ngt curb, gutter and sidewalks.
b. Such struts shall be installed in full ec Viiance with the starOard
sl)-_, ji Ncai ions of the City on file in the office of the City Engineer relating
to the installation of such streets.
c. Iwo brilding permit for the construction of any structure in the
suh'livision shall be issuE-A by the City until the stye t providing access to
the siructures is i ��roved with at least the gravel base required. Ruthernrnre,
no b-_Ii-lding permit shall be issued by the City for any structure located in .
exo ss of 660 fczrt from a single point of access.
d. Any streets described on Exhibit A, attached hereto, shall be
c!G=jetely installed with the tirre required on Exhibit A. If the City Engineer.
determines that any streets shown on the utility plans are required to provide
access to other areas of the City, those streets shall be installed within the
tim requhed by the City Engineer.
e_ All of said streets shall be inLstalled at the sole expense of the
Developer
f. i> velopar agrees to O01rect any deficiencies in such installation
in order to met the re, u rerrsnts of the plans and the specifications applicable
to such installation.
g. Strczt improve,ents shall not be installed until all utility lines
to ba place in i] e streets have b cn cz nletely installed and all services to
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line.
h. ire D,veloper agrees to provide and install at his expenseaq a3ate
bsrricadc>s, w-arnir,g signs, or o's devices on the dead en3s of streets to be
c,ontinued, unfinished crossings, ana other sites designated by the City Fnginc-er
as areas requiring such rrr_asures to insure the public safety.
7. Other R,auirem-nts_
NDne
8. Miscellaneous -
a. This agrea-Tent shall be binding upon the parties hereto, h-- r
heirs, personal representatives and assigns.
b. 13�thing herein contained shall Y construed as a waiver of any
requircua nis in the City SuLdivision Ordinance or any other provision of the
City Code and the Developer agrees to comply with all requiremants of the sarre•
AY
:' `
L- -
City Clerk
APPTOVF-M:
Diiec oof Riblis WOO
Ass,-Ci iy Attorney
713E CITY OF Foja COLLINS, COLORADD
By
ity Manager
- -- _ -��— Title
Developar
EXHIBIT A
1. Sch= 3ule of Hater lines to be installer out of s2querce.
Not applicable
2. Sc-h=mule of sanitary se,;er lines to he installed out of sequence.
Not applicable
3. Schedule of street irorovaznts to be installed out of sequence.
Not applicable
HIS K-U; = 7' is r..ae ,3 entFrc-a into this _-�i — day of
A.D. 1979, by arA THE CITY OF FORT COLLSNS,
COrORnDD, a municipal corporation, hereinafter son=_ti es designated as the
"City", and __- --Danny J. Baileesand George W. Betz --
hereinafter designated as the "Developer",
IIITNFSSEPH:
Developer is the amen of certain proparty situate in the Ccnmty
of larim2:r arx3 State of Colorado aryl legally descrilbd as follcF,,s:
INDIAN HILLS _WEST P.U.D.; situate in the Northwest one -quarter
of Section 241, Township 7 North, Range 69 West of the 6th Principal
Meridian, City of Fort Collins; County of Larimer, State of Colorado.
t9 3F'Rr PS, Developer desires to develop said pro x rty as a residential
subdivision arA has suimitted to the City a subdivision plat (and a site plan
Qf said props ty is to be developed as a Planned Linit DevelolTent), a copy of
w'iich is on file in the Office of the City Engineer and by this reference Trade
a part hereof; and
VTHFR:,--kS, Developer_ has further submitted tp the City a utility plan for
said lands, a co,-y of which is on file in the office of the City Engineer and
by this reference Trade a part hereof; and
T•:rTr;RFAS, tlk! parties hereto have agreed that the develoixftent of said lards
will require increased municipal services fr(xn the City in order to serve such
area and will further require the installation of certain improvements primarily
of b-nefit to the lands to be developed and not to the City of Fort Coll -ins as
a vk"Ie; and
i:;"r:RrnS, th- City has approved the subdivision plat (and site plan w`)--re
applicable) submitted by the Developer subject to certain requi_reme-nts and
C:.�: ..._'?O _S �,':11 �=1 the in5taliatson of arl'1 Cor:strlX; tion Of ti'.=11i ue5 Sri:
0;1.-�r r;.nicir>al inarov nests in conn�tion with said le. )ds.
i�,JA, '1Ft'.iZrFC)RE, in consideration of the premises and the tesnrs and conditions
1,_a-ein stated and for other valuable consideration, the adequacy of %-.'hich is
acl;ncwleAged by the parties hereto, it is agreed as follows:
1. Except z:s otherwise herein specifically agreed, the Developer agrees
to in -,I -all and pray for all utility lines, storm drainaae facilities, streets
aryl other rminicipal facilities ncL.essary to serve the lands within the subdivision.
2. Eater Tines.
a. n°veloper agrees to install all water lines as shown on the utility
plans in avordarce with the requirements and as shown on said plans, whether
such lines are actually on the property, bordering the property or on other
]reds connecting the subject property to the existing City water distribution
System.
b. Such water lines shall be installed in full co.Toliance with the
stanard sr:-cifications of the City on file in the office of the City Engineer
and applicahle provisions of the City Code relatdng 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 deterain._s
that any lines sluoan on the utility plans are required to provide service to
other areas of the City, tlnse lines shall he installed within the tiro determined
by the City Engineer.
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