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Home My WebLink AboutROSSBOROUGH SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-02-06. •. 1. ... J `�f. i All, l.i A.0 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this � day of I..1 C.L_ , 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and TRI TREND, INC., hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Rossborough, Second Filing, situated in the Southwest quarter of Section 27, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Develop- ment), a copy of which is on file in the Office of the Director of Engi- neering Services and made a part hereof by reference; and WHEREAS„ the 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 Director of Engineering Services and made a part hereof by reference; 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 subdivision plat (and site plan where applicable) submitted by the Developer subject to certain require- ments 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 conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision shall be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with at least the base course completed) serving such struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on -2- JP2I12 Pc1087 Exhibit "A". If the Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the Director as referred to under "Special Conditions" in this document. D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other municipal facilities necessary to serve the lands within the subdivi- sion. F. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all indivi- dual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the -3- City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines. The City shall repay the Developer for the oversizing of 12" water line in Dunbar in lieu of an 8" water line. The repay shall be for difference in cost of materials only. B. Sanitary sewer (oversizing, payback, etc.). Not applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The Developer agrees to complete the storm water piping, swales, detention facilities, and appurtenant structures prior to being issued more than 44 building permits or 22 certificates of occupancy. All drain- age facilities (excluding park site) shall be seeded with the same ground cover mixture as specified for arterial street landscaping and shall be maintained by the Developer until accepted by the City. -4- D. Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for construction of Dunbar Avenue and Casa Grande Boulevard to collector standard, matching adjacent subdivisions in lieu of local street standards in accordance with Section 99-6(F) of the Code of the City of Fort Collins. The City and Developer agree that a 2" asphal- tic concrete street will be acceptable for this filing. E. Park -Detention Parcel. The Developer agrees to make changes to the utility plans as follows: (1) The contours of the park -detention parcel shall be constructed so as to preclude the encroachment of the runoff from the two-year storm on the park property. (2) The 48" storm drain shall continue through the park and exit into the pond at the north park boundary. All pipes located within the park shall be platted with easements. (3) The manhole lids located along the south area of the park shall be installed to finished grade. The changes to the drawings shall be made by July 30, 1981. All building permits shall be withheld until changed drawings have been approved by the City Engineering staff. All re- quired improvements shall be installed according to Section 2(C) of this Agreement. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices -5- 1,L 1 12c ! 0 9 (? at all construction sites within the public right-of-way and/or other areas as deemed necessary by the Director of Engineering Services in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any excessive accumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the Director of Engi- neering Services. In the event that the Developer fails to adequately clean the streets within two (2) days after written notice, the City may have the street cleaned and charge the Developer for said costs of cleaning. C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous 10 r, �'1_ 112 P� ! 0 " I to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. ( ATTEST: u 1 r- Cat r N re/ ,coof� Public worKs _orney THE CITY OF FORT COLLINS, COLORADO A Mu icip-al Corporation By:.------ �� Manager -7- E{i', 2 112 Pr, I p g 2. TRI TREND, INC. DeveTop Title: it e: i