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Home My WebLink AboutFOX MEADOWS - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-24:1—CIS U.r r,..ai.. __:<i . ,il_:S iec: `: ITP is rade and entered into this day of A.D. 1979, by and between THE CITY OF FORT COLDS, OOIfJR7+DO, a mamcipa4 corporation, hereinaf er sometimes designateq as the "city,., and _- d� Mr3�F17A HQ^1ES — hereinafter designated as the "Developer", — ---- -- - --- l fIYSE:SSE.TH: 1•T11F, F_7? s, Developer is the owner of certain property situate in the County ofof Colorado and legally described as follows: E�=o JBDIVLSIONI ituate in the North one-half of the Northwest oc ion 32, Township 7 North, Range 68 West of the Sixth . Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. Developer desires to develop said property as a residential subdivision an3 has sulTdtted to the City a suh3ivision plat (and a site plan f said property is to be developed as a Planned Unit Developirent), a copy of which is on file in the office of the City Engineer and by this reference made a part hereof; and PtHEREAS, D=veloper 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 1-,,i-CRFAS, 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 heaefit to the lands to be developed and not to the City of Fort Collins as a whole; and 1 :ERF.AS, the City has approved the s-ulAivision plat (and site plan where applicable) sulmittel by the Developer subject to certain requireiients and co-iditions which invoivr -he installation of and const, -tion of utilities and C.,_" _r luanicipal it c: ,ents in connection with said lands. i.`aa, 7"rfF:RJ 2E, in consideration of the premises and the terms and conditions h^rein 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 aryl other municipal facilities necessary to serve the lands within the subdivision. 2. Plater Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the recluirerents 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 wags distribution system. b. Such water lines shall be installed in full caupliance 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 tip required on F',Ixibit 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- e. All of said _ins shall be installed at th= .ole expeanse of the Developer except that the City shall reimburse the Developr for his pro rata share of the costs involved in oversizing the tinter nkain in 11orsetooth Road from 12" dicuneter to 16" diameter. f. The installation of said line shall be inspected by the Public [marks Departrri=nt of the City and shall be subject to such departrr�ent's ap- proval. Developer agrees to correct any deficiencies in such installation in order to m_-et the requireirients 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 sane be on or off the subject pro"Party b. Such sanitary sewer lines shall be installed in full ccupliance 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 detennines 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- f. installation of said lines shall be inspected by the Public ibrks L7=L�artrtr-nt of the City and subject to such departr�--nt's approval. Developer agrc*.>_s to correct any deficiencies in such installation in order to rreet the re3uireirents of the plans and the specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Departrrent shall install all electric distribution lines and facilities required for the subject pnsfxrty and the Developer shall pay for such work in accordance with the established charges of the Light and Pacer Departrnent. Such insta- lotion 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 conplete the installation of detention facilities prior to the issuance of building permits for more than fifty-one (51) lots. d. All of said lines and facilities shall he 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 expense of Developer. f. UT�e installation of all of such lines and facilities shall be inspected by the Public 1-3)rks Departm nt of the City and shall be subject -4- to such art;entls a_p-: al. Developer agrees to core t any deficiencies in su::n ii-A-illation in order to rr_et the roniire.T�--nts 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, co-rolete with paving, curb, gutter and sidewalks. b. Such streets shall be installed in full conipliance 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 iie issued by the City until the street providing access to the structures is iiiloroved with at least the gravel base required. Ilirthermore, 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 conl)letely 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 he 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 reimburse the Developer for constructing Horsetooth Road as an arterial street and Caribou Drive as a collector street rather than the standard forty foot wide (flowline to flowline) local street. Reimbursement shall include asphalt paving & the necessary additional base & subbase to meet arterial & collector stre standards. 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 caupletely installed and all services to am _. ...=._•�L=31 lv }-,.. t. �:.� �rL7'��'i�" ;Twin utility linS to trio proparty 1 ]5:'I�. h. Tile Developer agrees to provide and install at his expanse adequate barricadas, 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 nr:asures to insure the public safety. 7. Other Requi resrents. a) Develop& agrees to the following restrictions on lots abutting Horsetooth Road: 1. Homes shall be placed as far south on the lots as sidelot 'setbacks ,,,Till allow. 2. Attached garages on these homes shall be placed on the north side of the living area of the home. b) Developer shall provide a landscaping buffer along Horsetooth Road in conjunction with privacy fencing to further mitigate the effect of traffic on these homes. c) See "C" below B. Mi.scell nexus. a. This; agreement shall he binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shal-1 be construed as a waiver of any requirements in the City Subdivision Ordinance or any other provision of the City Cole and the Daveloper agrees to co,-rply with all requirements of the same. 7. c) Developer to provide seeding & planting plan & specifications to the City Engineer coinci- dental with Paragraph 5 (c) above. APPROVED: 7 Director of Public Woo ��Ss Yity Attorney — —ZHE CITY OF FORT COLLINS, COLORADD By City 1`ianager ate seal) ==BI`A 1. Schc-dule of water lines to he installed out of sequence. Not applicable 2. SchcAule of sanitary sewer lines to be installed out of sequence. Not applicable 3. Schedule of' street ijprovaments to be installed out of sequence. Not applicable