HomeMy WebLinkAboutUNIVERSITY SQUARE - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-09AGREEMENT
THIS AGREEMENT is made and entered into this ;2 d, day of
A.D. 1978, by and between THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation, hereinafter sometimes designated as the "City", and
Poudre Valley Construction, Inc. 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:
UNIVERSITY SQUARE SUBDIVISION being a part of Lots 1, 2, 3, 4, & 5,
Block 1 of the Replat of Block 1 of L. C. Moore's First Addition,
and all of Block 2 of the Replat of G. F. Wiard's Addition to the
City of Fort Collins.
WHEREAS, Developer desires to develop said property as a commercial subdi-
vision and has submitted to the City a subdivision plat (and a site plan if 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
WHEREAS, 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
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 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 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 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
and applicable provisions of the City Code relating to the installation of
such lines.
c. Developer shall not be required to extend the six-inch water main
from Lake Street for the office building addressed as 1311 South College Avenue
provided there is an existing service line available to serve said building.
At such time an additional building is in need of service on said lands Developer
agrees to install all water lines as shown on the utility plans in accordance
with the requirements and as shown on said plans prior to the City issuing a
building permit for the construction of such additional building.
d. All of said line shall be installed at the sole expense of the
Developer.
e. The installation of said line shall be inspected by the Engineering
Services Department of the City and shall be subject to such department's approval.
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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 such structure is installed and accepted by the City.
d. The City agrees that the existing six-inch sanitary sewer main
located on said lands, may be used as a temporary service line for the office
building to be addressed as 1311 South College Avenue. Developer agrees to
install an eight -inch sanitary sewer main, as shown on the utility plans, when
service is necessary for additional proposed buildings on the site.
e. Developer agrees that while the existing six-inch sanitary sewer
main is in use for 1311 South College Avenue, he shall assume all maintenance
responsibilities to keep the system functioning satisfactorily at all times.
f. All of said lines shall be installed at the sole expense of the
Developer.
g. The installation of said lines shall be 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.
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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 construct a temporary on -site retention pond
for the control of stormwater generated from the proposed office building
at 1311 South College Avenue. Said pond shall have a storage volume of
48,000 cubic feet to a high water elevation of 4995.0 feet. The temporary
retention pond shall be completed prior to occupancy of the office building.
d. Developer shall maintain the temporary retention pond to insure
that it functions satisfactorily at all times.
e. The storm sewer outfall system, as shown on the utility plans,
shall be completed by the Developer and accepted by the City prior to the
City issuing any building permits for the property other than a building permit
for the office building at 1311 South College Avenue.
f. All of said facilities shall be installed at the sole expense of
Developer.
g. The installation of all of such lines and facilities shall be
inspected by the Engineering Services Department of the City and shall be sub-
ject 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 and in accordance with the utility plans as
approved by the City Engineer.
c. Developer agrees to complete the improvements for the deceleration
lane on South College Avenue prior to occupancy of the office building proposed
at 1311 South College Avenue.
d. All of said streets shall be installed at the sole expense of the
Developer except that the City shall pay that added cost of improving South
College Avenue as an arterial rather than a residential street.
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. Street improvements shall not be installed until all utility lines
to be placed in the streets have been completely installed and all services to
individual lots have been installed from main utility lines to the property
line.
7. Other Requirements.
Developer agrees to install a traffic signal at the intersection of
Lake Street and College Avenue in accordance with plans approved by the Colorado
State Highway Department. Said signal shall be installed at the full expense
of the Developer. Developer shall install said signal within sixty days following
the City obtaining approval to do so from the Colorado Highway Department. In
the event Developer has constructed all structures to be constructed on said
lands, and desires occupancy of the final structure, said occupancy shall not
be granted by the City until a bond for 100311 of the signal installation cost
has been provided to the City.
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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.
ATTEST:
City Cler
APPROVED:
M
THE CITY OF FORT COLLINS, COLORADO
Developer Title