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HomeMy WebLinkAboutSTONEHENGE PUD SIXTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-11-08SUBDIVISION AGP D1EW `PHIS AGT;TTI,1ENT is made and entered into this 14 U day of A.D. 1976, by and between THE CITY OF FORT COLLINS, COLmAA , a municipal corporation, hereinafter sometimes designated as the "City", and __ MEES II, Limited hereinafter designated as the "Developer", WI'I'NESSL'M: WHEREAS, Developer is the owner of certain property situate in the County of LarijTier and State of Colorado and legally described as follows: STONEHENGE PUD, SIXTH FILING, situate in the northwest 1/4 of Section 19,, T.7 N ., R.6 8 W . of the Sixth P.M., City of Fort Collins. WHEREAS, Developer desires to develop said property as a residential suixlivision and has submitted to the City a subdivision plat (aril 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 MIF'REAS, the parties hereto have agreed that the development of said lands will reTiire increased iamicipal 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 1,lIERSAS, the City has approved the subdivision plat (and site plan where applicable) subm tted 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; and WHEREAS, Developer has submitted to the City a plan for developing said lands in the phases described in Exhibit B, attached hereto. Now, TIIEREmRE, 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. Excent 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 ]amines. 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 crater 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 a given phase of construction of 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 and until all water lines determined by the City Engineer to be necessary or appropriate for that phase of construction are 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 deter, fines -2- 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. 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 Engineering Services 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 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 a given phase of construction of the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City and until all sanitary sewer lines determined by the City Engineer to be necessary or appropriate for that phase of construction are installed and accepted by the City. d. Any sanitary sewer lines describer) 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. -3- e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said lines shall be inspected by the Engineer- ing 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. 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 understands and agrees that building permits shall not be issued for more than fifty percent (50 0) of the structures in any partic- ular phase of the project until detention facilities determined by the City Engineer to be necessary or appropriate for that phase shall have been completely installed. 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. Cfl e. All of said facilities shall be installed at the sole expense of the Developer. f. The installation of all of such lines and 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 installation in order to meet the requirements of the plans and the specifi- cations 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. 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 permt shall be issued by the City for any structure located in excess of 660 feet from a single point of access. d. Anv 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. A1:L of said streets shall be installed at the sole expense of the Developer, except the City shall pay that additional cost resulting from the construction of Stuart Street as a collector rather than a residential street. -5- 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 improveimnts 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. 1klS 8. Miscellaneous. a. This agrea-nent 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 tae Developer agrees to comply with all requirements of the same. TM q+iTYVF FORT CO=, S, COLORADO 0 i City Clerk APPROVED: Direct Dear4l-men t o Public Wbrks_ fj i Attorney Developer Title -6- FDOIIBIT 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 improvements to be installed out of sequence. Not Applicable EXHIBIT B The subdivision has been divided into the following phases of development: Phase 1: Lots 81 through 88 Phase 2: Lots 89 through 96 Phase 3: Lots 73 through 80, 97 through 101 Phase 4: Lots 63 through 72, 1 through 5, 12 through 17 Phase 5: Lots 40 through 62 Phase 6: Lots 6 through 11, 18 through 39 It is understood and agreed upon by the parties hereto that the Developer may include or exclude lots from any phase and the improvements required for that phase shall be adjusted accordingly by the City provided that notice of any such inclusion or exclusion is given to the City.