Loading...
HomeMy WebLinkAboutWESTGATE FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-15SUBDIVISION AGREE111ENP THIS AGREFnNT is made and entered into this day of A.D. 1978, by and between THE CITY OF FORT COISSNS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and _ Alvin L. Miller and Enid P. Miller Trust 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: WESTGATE , FOURTH FILING, situate in the Northeast 1/4 of Section 20, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins WHEREAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a subdivision plat (and a site plan of 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 WEIER,AS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requirements and conditions which in ,Ive the installation of and co. suction of utilities and other municipal improvements in connection with said lands. NOW, THEREEYORE, 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 grater 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 understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Any water lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines ;shown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the tie determined by the City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Public Works Department of the City and shall be subject to such department's ap- proval. 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. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer. -3- f. The installation of said lines shall be inspected by the Public Works 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. 5. Storm Sewer Lines and Facilities a. The City has determined there is a need for on -site storm run-off detention for the Westgate development, and that the most practical location of said detention facilities is immediately north of Banyan Drive as platted in the Westgate, First Filing. The City agrees to make every effort to acquire the necessary land within six months after plans for said detention facilities have been approved, which plans shall be submitted by the Developer. Such plans shall be designed so as to provide adequate detention facilities for the ZbkmI=md Fourth Filings% of Westgate Subdivision and for that property owned by the Developer which shall be platted as future filings of Westgate Sub- division. '.Phe Developer agrees to reimburse the City for all expenses related to the acquisition of said lands b. Developer agrees to install said detention facilities prior to January 1, 1980. c. All of said detention facilities shall be constructed at the sole expense of the Developer. d. All of said facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities streets, curb, gutter, sidewalks, and all adjacent properties. e. Such detention 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 facilities. Further, the installation of all such facilities shall be inspected by the Public Works 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 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 re- lating to the installation of such streets. c. No building permit for the construction of any structure in the subdivision shall be issured by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be completely installed with the time required on Exhibit A. If the City Engineer determines that any streets shown on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the time required by the City Engineer. e. All of said streets shall be intalled at the sole expense of the Developer. f. 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. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to -5- individual lots have been installed from main utility lines to the property line. h. 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. 7. other Req relents. 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: v�PACity Clerk APPROVED: THE CITY OF FORT COLLINS, COIDRADO By. i Ac} i V) ty tan er Developer Title EXHIBIT A 1. Schedule of water lines to be installed out of sequence. .,frT If�I�iII1rG1_llila 2. Schedule of sanitary sewer lines to be installed out of sequence. NCT APPLICABLE 3. Schedule of street improvements to be installed out of sequence.