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Home My WebLink AboutBROWN FARM FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31B46ww liaew 410 SUBDIVISION AGREEMENT THIS AGREEMENT is made and entered into this day of 0, A) , , A.D. 1978, by and between THE CITY OF FORT C'nT.T.T c�nT,nRADo. a municix�al corporation, hereinafter sometimes designated as the "City", and Wheeler Realty, a Colorado corpora- tion hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: BROWN FARM FOURTH FILING, Located in the East one-half Of Section 21, Township 7 North, Range 69 West of the Sixth Prime Meridian, City of Fort Collins. WHEREAS, Developer desires to develop said property as a resi- dential subdivision and has submitted to the City a subdivision plat (and a site plan of s.'_-d 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 ti•JIEREAS, 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 dove] opod and riot to the City of Fort Collins as a whole; and WITEREAS, the City has approved the subdivision plat (and site plan whcre appl=icable.)submitted by the Developer subject to certain requiremc,nt;s and requirements and conditions which involve the installation of and con- struction 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 ade- quacy 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 facili- ties, streets and other municipal facilities necessary to serve the lands within the subdivision. 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 the 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 installation of such lines. C. Developer understands and agrees that no building permit for any structure in 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. 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 re- -2- quired 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 ex- pense 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 appliable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install allsanitary sewer col- lection 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 per- mit 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 time 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 Engineering Services Department of the City and subject to such de- partment'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 in- stalled in full complicance with the standard specifications of the City on file in the office of the City Engineer relating to the installa- tion of such lines. C. The Developer understands and agrees that the City shall noL- issue more than 26 building permits and 13 certificates of occu- pancy for this subdivision until the Developer completes the installation of detention facilities to a functional state acceptable to the City Engineer. 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. 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 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 sidewalks. b. Such street 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 struc- ture 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 permit shall be issued by the City for any structure 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 ex- pense of the Developer, except the City shall pay that additional cost to install.. Drake Road as an arterial rather than as a residential street, tsnd Ae C;++v shtIl Pav +kt,t- add:k0WftI cost 4o ',iisfall x 71 goide 10 ke Developer agrees to correct any deficiencies in s installation in order to meet the requirements of the plans and specifi- �h atoKg Drake Road rt4ker- Oi& a 4' svrde sidewtlk ncClU.diK9 fkc o,.x( 3' CNACK5,On o� +4e- box cldver�f . (��X -5- cations applicable to much 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 individual lots have been installed from main utility lines to the property line.. h. The Developer agrees to provide and install at his ex- pense 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 in- sure the public safety. 7. Other Requirements. a. The Developer agrees at his own expense to provide land- scaping along Drake Road as shown on the utility plans and further agrees to maintain said landscaping for two years after such installation is completed. 8. Miscellaneous. a. This 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 pro- vision of the City Code and the Developer agrees to comply with all re- quirements of the same. ATTEST:�� City Clerk APPROVED: Dir��'ccr of- Engin ering Services v S ty Attorney / THE �IXY� 00 FORT hCOLLINS, COLORADO LIM ty Manager Ii 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