HomeMy WebLinkAboutSTONEHENGE FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2008-07-31THIS A MVENT is made and entered into this I%0 day of MM.,,
A.D. 19 77, by and between THE CITY OF F :u COLLINS, COLORADO, a municipal
corporation, hereinafter scmetimes designated as .the "City", and MEES Ltd.
a Limited Partnership hereinafter designated as the "Developer", I
W TNESSETH:
WHEREAS, Developer is the owner of:
STONEBENGE, FOURTH FILING, situate in the north 1/2 of Section
19, T 7 N, R 6 8 W of the Sixth P.M., City of Fort Collins, State
of Colorado
more particularly described on the subdivision plat on file in the City Engineer's
Office and by this reference made a part hereof; and
WHEREAS, Developer desires to develop said property as a residential
subdivision and has submitted to the City a utility plan for said lands, a copy
of which is on file in the City Engineer's Office 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
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
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and other municipal facilities necessary to serve the lands described on the
subdivision plat.
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
relating to the installation of such lines.
C. Developer agrees to complete the installation of said lines no later
than June 1, 1979.
d. Developer understands and agrees that no building permit for any
structure in the subdivision shall be issued by the City until the fire hydrant
serving such structure is installed and accepted by the City.
e. All of said limes shall be installed at the sole expense of the
Developer.
f. The installation of said lines shall be inspected by the Engineering
Services Department of the City and shall be subject to such department's
approval. Developer agrees to correct anydeficiencies in such installation in
order to neet the requirements of the plans and the specifications applicable
to such installation. In the event such installation is not completed and
approved Within the time set forth above, the City shall have the right to
cause such additional work to be done as it deems necessary to omplete the
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installation in a satisfactory manner and the Developer shall be liable for the
costs of such additional work.
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 cotpliance
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 said lines no later
than June 1, 1979.
d. 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.
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 Engineering
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. In the event such installation is not completed and approved
within the time set forth above, the City shall have the right to cause such
additional work to be done as it deems necessary to complete the installation
in a satisfactory manner and the Developer shall be liable for the costs of
such additional work.
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4. Electric Lines and Facilities.
a. 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
ccWliance with the standards 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 all storm rater
detention facilities prior to the City issuing building permits for more than
six (6) structures within the subdivision.
d. Developer further agrees to control runoff during the process of
development so as to assure that the health, safety, welfare, and property of
the City and citizens is safeguarded and protected through the proper drainage
Of storm waters.
e. All of said drainage facilities and control measures shall be 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
specifications applicable to such installation. In the event such installation
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is not completed and approved within the time set forth above, the City shall
have the right to cause such additional work to be done as it deems necessary
to complete the installation in a satisfactory manner and the Developer shall
be liable for the cost of such additional work.
6. Streets.
a. The Developer agrees to install all streets shown on the utility
Plan, complete with asphalt 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 lines.
C. Developer agrees to submit plans to the City Engineer for improve-
ments on Stuart Street to the westerly property line of the Stonehenge, P.U.D.
no later than July 1, 1977. Developer agrees to install street improvements
for the south 1/2 of Stuart Street, adjacent to the total frontage, under his
ownership,no later than June 1, 1978. All other street improvements, within
the Fourth Filing, shall be installed no later than June 1, 1979.
d. All of said streets shall be installed at the sole expense of the
Developer except that the City shall pay for that added cost of improving Stuart
Street as a collector street rather than as a residential street.
e. 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.
f. The installation of all streets shall be inspected by the Engineering
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. In the event the improvements are not completed and approved
within the time set forth above, the City shall have the right to cause such
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additional work to be done as it deems necessary to complete the installation
in a satisfactory manner and the Developer shall be liable for the cost of such
additional work, including all normal charges made by the City for financing,
engineering, publication, legal and miscellaneous on City Special Street improve-
ment Districts.
g. Street Improvements shall not be installed until all utility lines
to be placed in the street have been completely installed and all services to
individual lots have been installed from main utility lines to the property line.
This agreement shall be binding upon the parties hereto, their heirs, personal
representatives and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed the day and year first hereinabove written.
THE CITY OF FORT COLLINS, COLORADO
ATTEST:
City Clerk
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