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Home My WebLink AboutSQUARE AT KENSINGTON SOUTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-08. THIS AG.� •r24T is node and entered into this day of _-- A.D. 1979, by aryl i etwe sr 71E CITY OF FORT 0:)IS,INS, •�` >al cor ration, hereinafter so:Tetirres designatied as tl1- COIoRADo, a rminiciF to Rex S, Miller. - hereinafter designated as the "Developer", - ----- WITNFSSETH: p;ttF:Rr'_�S, Developer is the owner of certain prope-riy situate in the CaUntY of Laii it aryl State of Colorado an3 legally descrilyd as follohs: THE SQUARE AT KENSINGTON SOUTH, being a replat of lots 23 through 38, Kensington South, 2nd Filing, and also part of the N 1/2 of Section 22, Township 7 North, Range 69 W of the 6th Principal Meridian, City_of Fort Collins, County of Larimer, State of Colorado. Ik.veloicr dcsi_res to develop said property as a residential subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to he developed as a Planned Unit Irvelolyrent), a copy of �',jich is on file in the office of the City Engines and by this reference made a part hereof; and j.glggFz;S, Developer has further sub fitted to the City a utility plan for said lands, a copy of which is on file in the office of the City EDgineer and by this reference Trade a part hereof; and h,iE.R:AS, theparties hereto have agreed that the c'evelo�nt of said lands will requi-re increased mdnicipal services from the City in order to serve such area and will further require the installation of certain juproveffents primarily of b_nefit to the lands to be developed and not to the City of Fort Collins as a Vrhole; and n,S, the City has auproved the subdivision plat (and site plan lore I. I R applicable) subnitt�d by the Aveloper subject to certain rern re'n-nts and conditions vtdch involve the installation of and construction of utilities and other rNl in rov ,eats in connection with sain lands. 1,K79, in consideration of the premises and the terns and conditions berein statd and for other valuable consideration, the adEquacy of which is acicnaal (Aged by the parties hereto, it is agreed as follaas: 1. Except as otherwise herein specjfically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets arrd other minicipal facilities nez-essary to serve the lands within the subdivision. 2. Water Lines. a. IY`velot--,er agrees to install all water lines as shown on the utility plans in accoiclance with the recoire,Dnts and as sl-aM on said plans, wbether such lines are actually on the property, bordering the property or on other lands oonnecting the subject property to the ex-stiDg City watp distribution system. b. such water lines shall be installed in full cc?. l nee with the standard sizcific:ations 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 1 ines. c. Develops understands and agrees that no building permit for any stricture 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 EJchibit A, attached hereto shall be installed within the titre required on EYhibit A. If the City Fingineer determines that any lines s}rJ.an on the utility plans are required to provide service to otliar areas of the City, those lines shall be installed within the tiro determined try the City Engineer- -2- , e. All of id lines shall be installed e" the sole expense of the Developer. f. The installation of said line shall be inspected by the Public PDA,S - Department =' of the City and shall be subject b0 such departTrkrt's ap- proval. D velope_r agrees to correct any deficiencies in such installation in order to rn et the requircmrnts of the plans and the sp=cifications applicable to szuch installation. 3. Sanitary Sevier Collection Lines. a. Tne Developer agrees to install all sanitary sewer collection lines shc„an on the utility plans, vnether the sa:-,12- Ile on or off the subject property- b. such sanitary sewer- lines shall be installed in full _(Dorrrpliance with the st,n.laid s_>ecifications of the City on file in the office of the City FF1ginr relating to e� the installation of such lines_ c. Dcvelcpar understands and agrees that no building permit shall be i - -?d ITy the City for any structure in the sub3ivision until the sanitary se,+ r 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 tiRe required on Exhibit A. If the City F7rgineer determines that any lines sho.m in the utility plans are required to provide s rvice to other' areas of the City, those lines shall be installed within the time determined by the City Engineer- e. Al]_ of said lines shall be installed at the sole expense of the Developer. -3- f. Tne i-I.,tallation of said lines shall �e inspected by the Publlo t.3er}s Dparfijent of the City and subject to such deoarUrent's approval. Developer agre'S to correct any deficiencies in such installation in order to rrret the re4sirem_�rts of the plans and the specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Departrrent shall install all electric distribution lines and facilities regnired for the subject t)rc x�rty and the Developer shall pay for such .c nr_k in ac�r ante with the established charges of the Might and Pacer Depari � t. Such insta- lation shall include all street liahts reT)ired for the dcvelopnent. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities slrD•.Nn on t}r ul=ility Plans- b. Such storm sewer lines and facilities shall be installed in full corpliance 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 carplete the installation of detention facilities prior to the City issuing building permits for more than 32 structures within the -subdivision. d. A11 of said lines and facilities shall be constructed in an ornierly fashion, as deteimined by the City Engineer, so as to Prevent damage to other utilities, stl=eets, curb, gutter, sidewalks, and all adjacent pro nrties. . e. All of said facilities shall be installed at the sole ey4x--nse of Developer, f. The installation of all of such lines and facilities shall be ins,,acted by the Public works D2p3rin'--nt of the City and shall be subject ME 1 to such deparUmmt's �proval. Developer agrees tr orrect any deficiencies in such installation in Order to m-et the require:,-ents of the plans and the specifications applicable to such installation. 6. Streets. a. The ]-).-veloper agrees to install all streets shown on the utility plans, co--plete with paving, curb, guttet and sidewalks- b. Such streets shall be installed in full oanpliance with the standard sp-cifications of the City on file in the office of the City Engineer relating to the installation of such streets. c. 130 1h]ilding p s nit for the construction of any structure in the suYriivision shall.i>e issued by the City until the street providing access to the siruc »res i i proved with at least the gravel base required. Firthernore, no building peijni_t shall be issued by the City for any structure located in e}:c22ss of 660 fer,t from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be cvrjYletely instaLled with the tine required on E-xhibit A. If the City Engineer detenains 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 tip required by the City Fhgineer. e. All of said streets shall be installed at the sole expense of the Developer. f. Developer agrees to correct any defiCiencie-S in such installation in oiY3er to neet the requireTtnts of the plans and the specifications applicable to such installation. g. Strea_t inproverents shall not be installed until all utility lines to be placed in the streets have b--�-n cc,.ipletely installed and all services to -5- *c i�i,:::al lrs :._._ __ n irst:lled fiun T;ain u�lity ices io t' prop line. h. Ttr D ve7op=r agrees to provide and install at his e--p.nse adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, imfinish,d crossings, and other sites designated by the City Fnginc�s as areas requiring such reasures to insure the public safety. 7. other Rcj�j:uire:rents. None 8. Miscellaneous. a. This agrec�;e-nt shall be binding u:on the parties hereto, 'tii-Ar heirs, personal representatives and assigns. b. i3othujg herein contained shall be constnal as a waiver of any rctqRjire.rj-nts in the City Subdivision Ordinance or any other provision of the city Code and the D velops agrees to c�noly with all reguireirents of the sa*re. RYPFST: C] er APPRWPD: t�6it City THE OF FORT COIMNS, 00LORkDO By-- -- ty I✓ana er �y r D- �r - Title t ExHiBIT A 1. sch Jule of pater lines to be instal.lea out of sequence. Not applicable 2. Schrr311-je of sanitary sewer lines to be installed out of sequence. Not applicable 3. SchcOule of street irmrovaTents to be installed out of sequence. Not applicable i