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HomeMy WebLinkAboutVILLAGE WEST SIXTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-10AGRELYENT THIS AGREEMENT is made and en.tcred into this _ 4�v day of A.D. 19 2 by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Bartran Homes, Inc. hereinafter designated as the "Developer", WITNLSSETH: WHEREAS, Developer is the owner of certain property situate in the County of L.arimer, State of Colorado, more particularly described as Village West Sixth Filing; and WHEREAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a plan showing a proposed subdivision layout 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, 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 benef't to the lands to be developed and not to the City of Fort Collins as a whole; and WiHIREAS, the City's planning and zoning board has approved the 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 conditions herein stated and for other valuable consideration, the adequacy of which is acknowledped 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 such lines, streets and facilities including, but not limited to, those shown on the utility plan. 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 lanes. C. 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. the Developer. d. All of said lines shall be installed at the sole expense of -2- e. The installation of said line shall be inspected by toe Engineering Services Department of the City and shall be subject to such department's approval. Developer agrees to correct any deficiencies in such install- ation 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. the Developer. d. ALl of said lines shall be installed at the sole expense of e. 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. 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. -3- 5. Storm Sewer Lines and Facilities. a. The Developer shall install all drainage facilities shown on the utility plans. It is understood that such lines and facilities do riot represent all of the Developer's obligations. b. Such drainage 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 submit plans for the stormwate.r runoff detention system to the City Engineer for his approval. Developer proposes to locate the detention pond directly east of said lands, and west of tire New Mercer Canal. Said plans shall he submitted for approval and construction of said detention pond completed within one year of the date first hereinabove written. d. All of said facilities shall be installed at tire sole expense of the Developer. e. The installation of all of such facilities 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 install- ation in order to meet the requirements of the plans and the specifications applicable to such 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 satisfactory manner and the Developer shall be liable for the cost of such additional work. 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 tire office of the City Engineer -4- relating to the installation of such lines. C. Developer agrees to complete the installation of street improvements no later than within one year of the date first hereinabove written. d. No 'building permit for the construction of any structures 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. e. The installation of all streets 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. 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, publication, legal and miscellaneous on City Special Street Improvement Districts. f. Street Improvements small 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. -5- This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City C1crk APPROVED: i Director of Engineerig' services i City Attorney THE CITY OF FORT COLLINS, COLORADO By 0AA f. Q.,�.vJIAr..J City Manager l Developer -6-