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HomeMy WebLinkAboutARTHUR - Filed DA-DEVELOPMENT AGREEMENT -AGREEMENT THIS AGREENLNT is made and entered into this /2., t iay of A.D. 197 by and between THE CITY OF FORT COLLINS, COLORADO„ a municipal corporation, hereinafter sometimes designated as the "City", and K. Bill Tiley hereinafter designated as the "Developer", WITNESSE'TH: WHEREAS, Developer is. the owner of certain property s.ituate in the County of Larimer, State of Colorado, more particularly described on Exhibit A attached hereto and by this reference made a'part hereof; and WliEREAS, 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 attached hereto as Exhibit B and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a master utility plan for said lands, a copy of which is attached hereto as Exhibit C 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, THEIZEFOJZE, 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 oil 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 Exhibit A, such lines, streets and facilities including, but not limited to, those; shown on the master utility plan attached hereto as Exhibit C. 3. Water Lines. a. Developer agrees to install all water lines as shown on Exhibit C in accordance with the requirements and as shown on said Exhibit, 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. 2 - b. Such, water lines- shall be installed in full compliance with the standard specifications of tiie 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 the following schedule: Completion of all water lines and hydrants prior to issuance of building permit, but not later than October 1, 1974. d. Developer understands and agrees that no building permit for any structure in the subdivision sliall be issued by the City until the fire nydrant 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, except that the City will participate in the following: Line City Participation none none 3- f. 'I'he ins.tallation of said line shall be inspected by the Community Development 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 applicaale 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 suc;L additional work. 4., Sanitary Sewer Collection Lines.. a, The Developer agrees to install all sanitary sewer collection lines snown on Exiiihit C, whetaer tiie 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 no later than the following schedule: Completion of sewer lines prior to issuance of building permit, but not later than October 1, 1974. 4- d. Developer unders.tands and agrees that no building permit stall be issued by the City for any structure in the subdivis.ion until the sanitary sewer line serving s.uch structure is, installed and accepted by the City. e. All of said litres, shall be installed at the sole expense of the Developer, except ttiat the City will participate in the following: Line City Participation none none f. The installation of said lines shall be inspected by the Community Development 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. S. Electric Lines and Facilities.. The City Lig;it and Power Department shall install all electric distribution lines. and facilities 5- 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 Ex,iibit C. 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 ins.tallation of said lines and facilities no later than the following schedule; None required d. All of said lines shall be installed at the sole expense of the Developer„ e. The installation of all of such lines and facilities shall be inspected by the Community Development Department of the City 6- and shall be subject to s.ucti 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 sucii 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 cost of such additional work. 7. Streets ; 1. a. 'Flie Developer agrees to install all streets s.hown on the master plan, complete witli 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 no latter than the following schedule. Prior to issuance of certificate of occupancy for building, but not later than November 31, 1974. d. No building permit for the construction of any streets in the subdivision siiall he issued by the City until the street providing access, to the structures is :improved with at least the gravel base required. 7- e. The ins.tallation of all streets shall be inspected by the Community Development 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 tiie City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. f. 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. g. 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 smae 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.. Supplementary agreement relative to curb cut on College Avenue attached hereto. Initially the frontage road shall be installed in accordance with the utility plan but subdivider shall remain responsible for reinstalling the same in accordance with the supplementary agreement. 8- 9. Performance and Payment Bond. To insure Developer's performance under this agreement, Developer has provided the City a satisfactory surety bond in the amount of $ not required . conditioned on Developer's full performance of its obligations hereunder and payment by the Developer of the cost of installing all improvement required to be paid for by the Developer. This agreement shall be binding upon the parties hereto, tLeir heirs, personal representatives and assigns. IN WITNESS WiiEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: Cit Clerk APPROVED: G G Dire o` kf mmunit Developm epar nt ty Attorne THE CITY OF FORT COLLINS, COLORADO By City Manager 0 Deyeloper M MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this / day of _ A. D. 19Z_, by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Arthur Subdivision For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREAS, said subdivision plat is acceptable to first party and first party's Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. First party agrees that said subdivision plat shall be, and the same is hereby approved. 2. In consideration of the approval of said plat by first party, and first party's Planning and Zoning Board, second party agrees as follows; A) To submit to first party the following detailed improvement plans, acceptable to the first party: 1) A plan of the proposed water distribution system including the connecting pipelines to the points of connection to the first party's existing water distribution system and showing all valves and fire hydrants. 2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first party's existing sanitary sewer system. 3) A plan of the proposed electrical distribution system including connecting lines to the first party's existing electrical distribution system and including all street lights. 4) Plans and profiles of all street improvements. 5) Plans and profiles of the proposed street drainage system showing the connections to the first party's storm sewer system and including all storm sewer inlets and manholes. If a storm sewer outfall line is not available, second party agrees to join into a special improvement district for the installation of such outfall line upon request therefore by first party and to sign any petition and perform any other act necessary to form such district. 6) Items A (1) to A (5) inclusive are to be financed by the party of the second part, excepting only Item (3) electrical distribution system. All material required for street lights are to be paid for by the party of the second part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer mains or storm sewer mains to be constructed within the subdivision than would be required by standard engineering practices to serve the subdivision, in order to properly extend these services to other areas, the City of Fort Collins will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the sub - divider's approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto affixed attest to by its City Clerk, pursuant to motion of the Council of the City of Fort Collins dated the day of A.D., 19 , and .second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: it:y Cler THE CITY OF FORT COLLINS A Municipal Corporation SEAL) Second Party C' y Engineer