The URL can be used to link to this page

Home My WebLink AboutMEADOWS EAST - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-18SUBDIVISION AGREENT THIS AGREEMENT is made and entered into this (` day of r v , A.D. 197�, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and �xtx3uxXxxYR�i7tY3SYii Lake Sherwood Venture a Joint Venture t 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: /MEADOWS EAST 5G/4A/V15*Mj 5414aie A Aa *Or)%*kSf' %4 of 5ecf;00 30, TOOJ111 ,p 7 IUortk, RrKis 61r !.Test of Ae 51jok P* f ni •� fort Ce/%Ns S4HEIT'.AS, Developer desires to develop said property as a res;deltfitl 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 made a part hereof; and wHER m), 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 W1EE2[;AS, 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 fu_ther require the installation of certain improvements pr marily of benefit to the lands to be developer and not to the City of Fort Collins as a whole; and WIIP;PSS, tha City has approved the sukdivi_sion plat (and site plan where appli.cohle) sulxinittcxl by the II,velojrr subject to certain rcqui.remants and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, 11THEREMi2E, in consideration of the premises and the terms and conditions herein stated and. for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 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 lanes. 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 be installed in full compliance with the standard specifications of the City on file in the office of the City Lngineer 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 Fxhibit A, attached hereto shall be installed within the tim- required on Exhibit A. If the City Engineer determines tliat 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 detet7ndned by the City Ingineer. dA e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Engineering Services Department of the City and shall be subject to such department's ap- proval. 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. 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 subject property- b. Such sanitary sewer lines 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 understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving suc'Z structure is installed and accepted by the City. d. Any sanitary sewer 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 shorn in the utility plans arc required 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 be installed at the sole expense of the Developer. -3- f. The installation of said lines shall he inspected by the Engineering Services 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. 4. 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 work in accordance with the established charges of the Light and Power Department. Such installation 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 facili- ties prior to d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent dannge to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall he installed at the sole expense of Developer f. The installation of all of such lines and facilities shall be in- sp,�cted by the lhcfineering Services Department of the City and shall he subject IM 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. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete with paving, curb, gutter and sidewalks. b. Such streets 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 streets. c. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. Furthermore, 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 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 shown 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 be installed at the sole expense of the Developer, except the City shall pay that additional costs of constructing Drake Road and Timberline Road as arterial rather than residential streets including the cost of installing 7' wide bikepaths rather than 4' sidewalks on said streets. 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 be placed in the streets have been completely installed and all services to -5- individual lots have been installed from main utility lines to the property line. 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. The Developer agrees to landscape those portions of property along Drake Road and Timberline Road as indicated on the utility plans at the Developer's sole expense and further agrees to maintain said landscaping for two years after completion of said planting. b. The Developer further agrees, at his sole expense and after written request by the City, to construct a bicycle/pedestriary` *sing in accordance with City specifications for said crossing, across the railroad tracks at Swallow 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. THE/CIF' OF FgRT COLLINS, COLORADO 9 ATTEST: BY (/i j >' ` '�t� . % ity P na er IJ ^ �C�j�y Tlerk Developer 1 Title WON EXHIBIT A 1. Schedule of water lines to be installed out of sequence. 2. Schedule of sanitary sewer lines to be installed out of sequence. 3. Schedule of street improvements to be installed out of sequence. ACC ADDENDUM[ THIS AGREuam ADDENDUM is made and entered into this ) day of , A.D. 197g,9by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter sometimes designated as the and LAKE SHEFdaOOD VEWURE, a Joint Venture, hereinafter designated as the "Developer", WHEREAS, Developer and City have previously entered into an agreement, attached hereto, for the development of the MEADOWS EAST SUBDIVISION; and It is agreed that paragraph (5c) of the attached agreement is incomplete and shall, therefore, be changed to read as follows: 5. Storm Sewer Lines and Facilities c. Developer agrees to ccarplete the installation of detention facilities prior to the issuance by the City of more than 50 building permits and 25 certificates of occupancy for structures within this subdivision. IN W=SS WHEREOF, the parties hereto have caused this addendum to be signed the day and year first hereinabove written. err VCFP THE CITY OF FDRT COLLINS, COLORADO 1 A