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Home My WebLink About1800 SOUTH LEMAY AVENUE RIDGEVIEW CLASSICAL SCHOOL - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-03AGREEMENT THIS AGREHMENT is made and entered into this . % ) ``/ day of (. , , A. D. 1978, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and The First Assembly of God Church, Incorporated hereinafter designated as the "Developer", WITNESSETH WHEREAS, Developer is the owner of certain property situate in the County of Larvrer and State of Colorado and legally described as follows: THE FIRST ASSEMBLY OF GOD CHURCH, a tract of land situate in the North- west ; of Section 19, Township 7 North, Range 68 West of the Sixth P.M., Fort Collins, Colorado, whichconsidering the West line of the said Northwest 1/4 as bearing due North and with all bearings con- tained herein relative thereto is contained within the boundary lines which begin at a point on the West line of the said North- west 1/4 which bears North 873.40 feet from the West 1/4 corner of said Section 19, and run thence North 445.00 feet along said west line; thence East 535.00 feet along the centerline of Stuart Street; thence South 30.47 feet; thence West 30.00 feet; thence South 139.53 feet; thence along the arc of a 180.30 foot radius curve to the right a distance of 97.55feet, the long chord of which bears S 150 30' W 96.37 feet; thence south 31 00' W 308.00 feet; thence N 590 00' W 158.96 feet; thence West 184.36 feet to the point of beginning, containing 5.0000 acres, more or less, and being subject to rights of way for Lemay Avenue over the Westerly 50.00 feet thereof and for Stuart Street over the North- erly 40.00 feet thereof. WHEREAS, Developer desires to develop said property as a single lot or tract to be used by one owner for only one principle building, as an excep- tion to the subdivision platting requirements, in accordance with Section 99-3B (3) of the Code of the City of Fort Collins; and WHEREAS, Developer has submitted to the City a utility plan for said property, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WIIFJMA.S, the pa-_les hereto have agreed that the .eveloFment 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 im- provements 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 plans for the development of this property su}snitted 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 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 this property. 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 and applicable provisions of the City Code relating to the in- stallation of :such lines. c. Developer understands and agrees that no building permit for any structure on this property shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. E 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 pro- vide 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 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 ecopliance 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 tore 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 En- gineering 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 ap- plicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Depart- ment shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such work in accord- ance 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 agrees to complete the installation of detention facilities prior to the issuance by the City of a certificate of occupancy for any structure within this property. d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent dam- age to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. 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 4 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 sidewalk. 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 subdivistion 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 issured by the City for any struc- ture 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 installed at the sole expense of the Developer, except the City shall pay that additional cost of installing Stuart Street as a collector rather than residential street; and the City sha11 also pay that additional cost of installing a 7' concrete walk along Temay Avenue rather than a 4' walk. f. Developer agrees to correct any deficiencies in such installation in order to meet the regirements 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 irdividual lots have been installed from main utility lines to 5 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. '.phis 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. THE CITY OF FORT COLLINS, COTARADO 41,7 manager A ST: ' C Clerk Developer Title 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 improvements to be installed out of sequence. Not Applicable