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HomeMy WebLinkAboutWHALERS COVE AT THE LANDINGS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-15THIS AaREEMEST is made and entered into this (Ciday of A(rl t(- , A.D. 1979, by and between THE CITY OF FORT COLLINS, CDIDPADO, a municipal corporation, hereinafter sometimes designated as the "City", and Landings, Ltd.; Osprey Homes, Inc. - General Partner hereinafter designated as the "Developer", WLTNFSSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larinor and State of Colorado and legally described as follows: WHALERS COVE at The Landings P.U.D.; situate in the southeast quarter of Section 36, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. wiERFAS, Developer desires to develop said property as a residential subdivision and has suhnitted 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 suhnitted 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 I conditions which in _ve the installation of and a truction of utilities and other municipal improvements in connection with said lands. NOW, THF=RE, 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 coupliance 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 time determined by the City Engineer. -2- ti e. All of iid lines shall be installed a the sole expense of the Developer except that the City shall repay the developer for his pro rata share of the costs involved in oversizing the main in Lemay Avenue from 12" diameter to 20" diameter. f. The installation of said line shall be inspected by the Public bbrks -Department. of the City and shall be subject to such department's zip- 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 b. Such sanitary sewer lines shall be installed in full, coTipliance 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 titre 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 titre determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer, -3- S i. 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 fo correct any deficiencies in such installation in order to meet the regArements 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 insta- lation shall include all street lights required for the development. S. Storm (Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b. Su:h 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 couplete the installation of detention facilities orior to shown on the utility drawings as the easterly portion of Pond "C" prior to the completion of Bluefin and Harpoon Courts and the balance at Pond "C" and Pond "B" prior to the completion of the westerly portion of Seaway Circle. 'd. All of said lines and 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. All of said facilities shall be installed at the sole exTense of Developer . f. The installation of all of such lines and facilities shall be inspected by the Public Works Departmmnt of the City and shall be subject A- ti to such department'. .pproval. Developer agrees tc :)rrect any deficiencies in such installation in order to rreet 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 shah be installed in full oompliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such streets. c. No building permit for the construction of any structure 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. Furthermore, no building permit shall be issued 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 ti.;e required on Exhibit A. If the City Engineer determines that any streets shown on the utility plans are required to provide access to other area of the City, those streets shall be installed within the time required by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer, except: that the City shall repay the Developer for that cost of developing Whalers Way as a collector street rather than a local street.' Repayment shall include additional base and subbase depth as well as width in excess of the standard 40 feet for local gtreet.. f. Developer agrees to correct any deficiencies in such installation in order to met the requirements of the plans and the specifications applicable to such installation. g. Street i.-proveTrents 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 Requirements. 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 tiie City Subdivision ordinance as it exists as of the date of this agreement or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. ATTEST: City Clerk Director of Pil lic Works ME CITY OF FORT COLLINS, COLORADO F C �`( Developer l � -6-i� It EXHIBIT A 1. Schedule of water lines to be installed out of sequence. Not applicable 2. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable 3. Schedule of street improvenpnts to be installed out of sequence. The Developer agrees to participate in the construction of Lemay Avenue where it abutts Tracts "E" and'"F" and Harmony Road where it abutts Tract "D" of this subdivision at the same time as construction of Lemay by adjoining Developer of Golden Meadows subdivision to the east but in no case shall construction of these arterial streets be delayed beyond October 1, 1981. At this point there has been ALs determination of the need for improvements on Harmony Road.