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HomeMy WebLinkAboutPLATTE RIVER POWER AUTHORITY HEADQUARTERS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-26AGREEMENT THIS AGREEMENT is made and entered into this 24th day of November > A.D. 1976, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and PLATTE RIVER P014ER AUTHORITY, a political subdivision of the State of Colorado, hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of: PLATTE RIVER POWER AUTHORITY HEADQUARTERS P.U.D. situate in the southeast 1/4 of Section 30, T 7 N, R 68 W of the sixth P.M., Fort Collins, Colorado more particularly described on the subdivision plat on file in the City Engineer's Office and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a Planned Unit Development and has submitted to the City a utility plan and a grading plan for said lands, copies of which are on file in the City Engineer's Office 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 land to be developed and not to the City of Fort Collins as a whole; NOW, THEREFORE, 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 described on the subdivision plat. -2- 2. Water Lines. 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 Engineer relating to the installation of such lines. c. Developer agrees to complete the installation of said lines no later than within two years of the day and year first herein above written. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. e. All of said lines shall be installed at the expense of the Developer except that the City Water utility shall pay the additional construction costs incurred by installing a 20-inch main on Horsetooth rather than a 12-inch main. Developer agrees to ask for alternative bids for the 12-inch main, and the lowest bid received shall serve as a basis for calculating the amount of costs to be borne by the City. f. Pursuant to Section 112-43 of the Code of Ordinances of the City, the City shall attempt to collect from third parties attaching onto the water line such parties' share of the cost of the line and to the extent successful will reimburse the Developer. g. The installation of said lines 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 - 3- installation. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satis- factory manner and the Developer shall be liable for the costs of such additional work. 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 agrees to complete the installation of said lines no later than within two years of the day and year first herein above written. d. 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 such structure is installed and accepted by the City. e. All of said lines shall be installed at the expense of the Developer except that the City Sanitary Sewer utility shall pay the additional construction costs incurred by installing a 12-inch main on Timberline Road rather than an 8-inch main. The amount to be reimbursed to the Developer shall include the cost of additional depth (approximately 18 feet vs. 7 feet) required for the larger line. Developer agrees to ask for alternative bids for the 8-inch main at the standard depth of approximately 7 feet, and the lowest bid received shall serve as a basis for calculating the amount of costs to be borne by the City. f. Pursuant to Section 112-72(g) of the Code of Ordinances of the City, the City shall attempt to collect from third parties attaching onto the sewer line such parties' share of the cost of the line and to the extent successful will reimburse the Developer. M g. The installation of said lines shall be inspected by the Engineering Services Department of the City and subject to such department's approval. Devel- oper agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installa- tion. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 4. Electric Lines and Facilities. The City Light and Power Department shall install all electric distri- bution lines and facilities required for the subject property as shown on the utility plans 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 and grading 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 said lines and facilities in an orderly fashion during the process of development so as to assure that the health, safety, welfare, and property of the City and citizens is safeguarded and protected through the proper control and drainage of storm waters. d. All of said lines shall be installed at the sole expense of the Developer. Developer understands that the lines and facilities shown on the utility plan and grading plan do not totally satisfy the Developer's obligation -5- to provide storm drainage facilities and the Developer therefore agrees to participate in any storm drainage improvement district which may hereafter be formed by the City under the provisions of the appropriate City ordinances and which includes the property of the Developer within the drainage basin of said district. e. The installation of all of such lines and facilities shall be in- spected 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 speci- fications applicable to such installation. The Developer shall install the drainage improvements in such way that the same coordinate with the other site development and so as to provide retention as needed and as the work progresses. 6. Streets. a. The Developer agrees to install all streets shown on the utility plan, complete with asphalt 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 lines. c. Developer agrees to complete the installation of street improvements adjacent to phase one of the development, which consists of the total frontage on Timberline Road and the frontage on Horsetooth Road from the center line of Timberline Road to approximately 643 feet west, within two years of the day and year first herein above written or prior to issuance of a certificate of occupancy for any structure within the development. The Developer agrees to begin construction of the remainder of Horse - tooth Road within thirty (30) days after receipt of written notice from the City that same is required and requesting the Developer to begin said construction and Developer further agrees to complete said construction within a reasonable time after commencement of construction. d. All of said improvements shall be installed at the expense of the Developer except that the City agrees to pay the following: I. The cost of 112 of the asphalt installed within the intersection of Horsetooth and Timberline Roads. II. The cost of all asphalt in excess of that installed within a 20 foot cross section measured from the flowline of the proposed streets, times the length of that width adjacent to the development. III. The cost of full base development for the area corresponding to (II) above. IV. A percentage of the remaining base. This percentage shall be: 1 - re_cu_ired residential base depth X 100 (expressed as a percent) actual base depth V. Survey and design costs associated with the increased width. f. Street improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. g. Developer agrees to install and bear the cost of the seven (7) foot wide bikeways shown on the utility plan, except the City shall reimburse Developer the costs of construction of the bikeway in excess of four (4) feet wide. h. The installation of all streets shall be inspected by the Engineering Services Department of the City and subject to such department's approval. De- veloper agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installa- tion. In the event the improvements are not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work, including all normal charges made by the City for financing, engineering, publica- tion, legal and miscellaneous on City Special Street Improvement Districts. -7- This agreement shall be binding upon the parties hereto, their heirs, per- sonal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first herein above written. ATTEST- THE CITY OF FORT COLLINS, COLORADO City erk city Manager ATTEST: Assistant Secretary APPROVED: lrectoh of En ens Bring A torneeyfor Pl�iver PLATT RIVER PO R AUTHO TY By------- G era1 Manager