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HomeMy WebLinkAboutBREW - Filed DA-DEVELOPMENT AGREEMENT - 2008-08-01AGREEMENT THIS AGREEMENT is made and entered into this day of —J 4 v1 A.D. 19 2 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and R. D. Brew hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property known as Brew Subdivision, First Filing situate in the County of Larimer, State of Colorado, more Particularly described on the subdivision plat on file in the office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a commercial subdivision and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is on file in the office of the City Planner 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 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's planning and zoning board has approved the master plan submitted 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. The City hereby approves the master plan submitted by the Developer, it being understood that such approval is approval only of the general scheme and concept of development shown thereon and that the City may impose additional requirements on final plats for any portion of said land consistent with the general scheme of development shown on the master plan. 2. 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 described on the Subdivision Plat, such lines, streets and facilities including, but not limited to, those shown on the utility plan. 3. 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 within one year of the day and year first hereinabove written. 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 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 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 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. 4. 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 agrees to complete the installation of said lines within one year of the day and year first hereinabove written. d. Developer understands and agrees that no building permit shall be issued by the City for any sturcture 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. —3— 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. 5. 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. 6. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. It is understood that such lines and facilities may not represent all of the Developer's obligations in this regard and additional requirements may be made by the City at other stages of the development. 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 said lines and facilities in an orderly fashion, as determined by the City Engineer, so as to prevent any damage to other utilities, public improvements, and all adjacent properties. d. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the City Engineer has received and approved the design for the stormwater runoff detention system. _!: - e. All of said lines and 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 specifications applicable to such installation. In the event such installation is not completed and approved in the manner 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. 7. Streets. a. The Developer agrees to install all streets shown on the master 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 complete the installation of street improvements for Hibdon Court within one year of the day and year of the date first hereinabove written. Developer further agrees to install the street improvements for College Avenue at such time as the City may deem those improvements necessary and request the Developer to construct said improvements. d. No building permit for the construction of any structures 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. -5- e. All of said street improvements shall be installed at the sole expense of the Developer except that the City shall pay for that added cost of improving College Avenue as an arterial street rather than a residential street. £. 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 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 Improvement 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- h. In connection with the improvements to be made to streets, the Developer shall install and pay for any bridges over existing ditches or drainage channels. Such bridges shall be installed in accordance with the same schedule as provided above for the particular street involved. The detailed plans, specifications and profiles to be submitted by the Developer shall include the plans, specifications and profiles for any such required bridges. 8. Other Requirements. The Developer agrees that no more than one curb cut on College Avenue (which shall serve the access easement as shown on the subdivision plat) shall be sought, and any curb cut serving Lot 1 on Hibdon Court shall be as close to the West boundary of said lot as shall be practicable and consistent with its orderly development. 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: -/-; ��—� s y 9 - f�- !-e-c City Clerk City Manager APPROVED: 7 4_� Developer (Representative: state association to developer) — 7—