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HomeMy WebLinkAboutST VRAIN SUBDIVISION REPLAT OF BLOCK 2 & LOTS 1-7 INCLUSIVE OF BLOCK 1 - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-14SUBDIVISION AGREEMENT THIS AGREEMENT is made and entered into this day of fly.lOt"., i , A.D. 1978, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and William Franz, Sr. hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Develper is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: 2000 Park Center, situate in the Northwest 1/4 of Section 24, Township 7 North, Range 69 Nest of the Sixth P.M., City of Fort Collins. WHEREAS, Developer desires to develop said property as a commercial planned unit development; and WHEREAS, Developer has 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 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 site plan submitted by the Developer subject to certain requirements 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 con- ditions 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 municipal facilities necessary to serve the lands within the subdivision. 2. Water Lines. a. Developer agrees to install the fire hydrant shown on the utility plans at the sole cost of the Developer. b. Developer understands and agrees that no building permit for any structure in the planned unit development shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. c. The installation of said hydrant shall be inspected by the Engineering Services Department of the City and shall be 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. 3. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilites required for the subject property and the Developer shall pay for such work in accor- dance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. 4. Streets a. The Developer agrees to install all frontage road improvements shown on the utility plan for said development upon the request of the City Engineer and within a reasonable time determined by the City Engineer. b. It is understood and agreed by both parties hereto that said frontage road improvements shall be required by the City Engineer only in the event that the Frontage Road Plan currently being developed by the City -2- recommends the installation of said frontage road. c. In the event the installation of said frontage road is required, the costs therefor shall be equitably apportioned between the parties here- to by the City Engineer. d. Such frontage road 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 streets. e. 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. f. 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. 5. Other Requirements. The Developer understands and agrees that, in the event the frontage road is required and installed in accordance with Clause Four (4) of the within Agreement, then and in that event the westernmost parking space adjacent to the landscaped island shown on the site plan shall not be used as a parking space and Developer further agrees in that event to extend such landscape island to cover said parking space within a reasonable time after installation of the frontage road. 6. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. -3- 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 CIT*-9F FORT COLLINS, COLORADO z ATTEST: City Clerk APPROVED: Deet—drol Engineering Services City Att rney�� Developer Title