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Home My WebLink AboutBRUCE E MILLER CEDARWOOD SIXTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-3111C,RT,I � MI JTP i' 'TUTS ACRl?f711-TI is ntiade and entered into this 18th day of January , A.D. 19 77, by and `11FE CITY OF Fold' COLLINS, COII)R�ix), a municipal corporation, Ivei-eiriaftcr sometimes desiclnatcd as the "City", '-Iircl Bruce E. Miller, hc,reinafter- desi_<In,ltr�d �Ts the "Ikwe1_oher i4T`IT'Tr,qc�I Irl IT MIERFJ1S, Ik ve 1 olx r is the of.aner of: hnice L' r` i_ller, Cedanaood Subdivision, S_ixt,111 I'i1_i.ng� being a part- of Ole south 1/2 of section 16, T 7 N, P. 69 i'7 of the 6t1i P.M., City of Fort Collins, County of Larimer, Suite of Colorado, more particularly de �cI-i_}xxd on the subdivision plat on fi_ 1 c, i n the City I�ginocr-' s Office and by this reference made a part hereof; and VAIFJZF:AS, lh_�velolx�r (lesir-es to develop staid l>i ol�_�t ty r;:; ,I residential sub:livi_sion 'Merl has :gllgill ttr'd to the City a utility fn,- s-;lid land , a copy of which is on file in the City Engineer's Office lmd by tliir ro, erence made a part t he r-oo f ; aril MIEITAS, Hx, l rrt_i_c�s hereto have aclrced that tho of sair3 lands will raluire increascd nnrnicipal services from the Ci!y in order to serve such area and will further reciilire the install -iI i_on w certain inlprovemcnts priillaril_y of to the lends to be uevel_opcxl clivi w)t to the City of Fort Collins as a v,hole; and NO6'�, `I 1If ,Rl;1''ORT;, in consideration of t-he prc�n� s�_�:, I-uu l Ill- terns ; m,I conditions hc�r_e.i_n stated alai for other- valu1-15le consideration, i h(' of vJ)'ch is acknowlE-xlcled by the n<.ii-ti_es hereto, it is acircnl as Cr11P��,��: 1. Except_ as -wise herein specifically �3rli-c�c 1, the, tklvelop r agrees to install and pay for all utility lines, stone dr_I i_na ;c� f u' i li_ti.es, streets 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 co Pliance 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 February 1, 1978. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water main and 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 -2- installation in a satisractory manner_ and the Dcvel_olx,r sh,:rl1 be liable for the costs of such additional work. 3. Sanitary Sewer Collection Lines. a. The IX-vel.oper agrees to install all sanitary sewer collection lines shown on the utility plans whether the same be on or oCE I h- subject property. b. Such sanitary sewer lines shall be installed in Cull coirhliance with the standard specifications of the City on file in the office of the City Engineer r_elatinq to the installation of such lines. c. Developer arlrees to conylete the installation of said lines no later. than February 1, 1978. d. Developer understands and agrees that_ no bu i1_d i n(I perm -it shall be issued by the City for any structure in the sukhvi_sicm until the sanitary sewer_ line serving such structure is installed and accept( -, by the City. e. All of said lines shall be installed at: the sole expense of the Developer f. The installation of said lines shal-l- ie insLxcicd by the Engineering Services Departnent of the City and subject to such dep�irfucnt's approval. Developer agrees to correct any deficiencies in such installation in order to n et the redu _reiw,nts of the plans and the Jxr(-i_fi_c<)ti_onr applicable to such installation. In the event such .i_nstatIntion is not conq>leted and approved within the tinx, sot forth alxwc" t1he City shall 11,1 e thr 1-i'llit to cause such ad( 1iti_on,1l ux)r1< tI K' dOnr, ,"1<> i_t cicxnis neces�„rry t o conipI(,I (, t he ins tall ati.on in a satisfactory ii onnr_r r and the Developer shall l i_ab l e Or the costs of such additional wuuk. -3- 4. Electric Dine and Facilities. a. The C _ty Light and Power Departn-ent shall install all electric distribution lines �-ind facilities required for the subject pivperty and the Developer shall pay for such work in accordance with the established charges of the Light and Power_ D,par_tment. Such installation shall include all street lights required, for the development. 5. Stone Sewer I.,ines and Facilities. a. The Dcvoloper shall install all sto-mli.nos rand facilities shown on the utility plans, and grade the existing drai_nac;e (Litch located be- tk�x--en Deerfield Drive and Cypress Street to provide proper drainage. b. Developer understands and agrees that no building permit shall be _ issued by the City for a-zy structure in the subdivision until all stone sewer lines and facilities sho,-m on the utility plans are constructed and accepted by the City. c. All storn, sewer_ lines and drainage facilities sho,,%7n on the utility plans shall be constructed at the sole en)ense of tli(-- Developer_ . At such tirr�-- as a drainage fee is established in accordance r)rdinatic� No. 61, 1976, for the drainage basin in which said subdivision is located, the cost of the facilities installed by Developer shall be a credit against such fee for -the property in the subdivi.s.ion . If such cost exceeds the total fees for the subdivision, the Devoloper shall be. reimbursed such excess a..nx)u it when funds are available in the storll, drainage fund for that purpose. if the cost of installinq said drama(-" facilities is less Man the fee to ?)� collected, the excess fee shall be assessed against the !Property. The City I(Trees twat the embankment material for the construction of Deerfield Drive ..}:.�tween Clearview Avenue and the northerly property line of said subdivision shall be considered as functional drainacre facilities and the construction costs shall be credited towards the drainage fee established. The Developer shall fully account to the City for all cost-Lncurr_ed in the construction of any c3rainagc irovezts of which the City is granting credit for under Ordinance -IJo. 61, 1976, and the books and records of the Developer relating to such draina(;e inl-)rovemn�nts shall be open to the City at all reasonable tines for the p,-E-Tiose of auditing or verifying costs. d. The installation of all of such lines, facilities, and grading shall be inspected by the Engineering Services D-part-T-rent of the City and shall be subject to such dep rtrr,nt's approval. Developer agrees to correct any de- ficiencies .in such installation in order to reset tie recluir_ements of the plans and the specifications applicable to such installation. In the everit such installation is not coiiq)leted and approved within the tirm_ set forth above, the City shall have the ricrht to cause such additional �,✓ork to be done as it deems necessary to complete the installation in a satisfactory nay ier and the Ceveloper shall be liable for tie cost of such additional work. 6. Streets. a. The Ieveloper_ agrees to install all streets slxxm on the utility plan, con-olete w_it-t asphalt paving, curb, gutter, aid sidewalks. b. Such streets shall be instal -led in full oorn>liance with the standard specifications of the City on file in the office of the City N.�igineer relating to the installation of such lines. c. Developer a«rues to complete tie installation of street improvements no later_ than February 1, 1978. d. No building permit for the construction of any structure in the sub- division shall_ be issued by the City until Deerfield Drive from, Clearview Avenue -5- to Flintridge n-lam and the street providing access to trie structures is inproved with at least the gravel base required. e. The iris tallation of all streets shall be inspected by the Lhgineering Services Departrent of the City and subject to such de , rt, nt's approval. Developer agrees to correct any deficiencies in such .i_n.tall ation in orcier to n et the reu_Iuiremer[ts of the plans and the specifications a,-)[)licabl-e to such installation. In the event the LgDrovenents are not completed and approved within the tines set forth abm,--, the City shall have the ric:it to cause such additional work to be done as it decals necessary to conj)lete the installation in a satis- factory rvuiner and the D--veloper shall be liable for the cost of such additional work, including all normal charcres made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Inl-)rovement Districts. f . Street Inpmve mats 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 rain utility lines to the pro_r,Qrty line. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS MiEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: T1iE CITY OF FORT COLLINS, COLORADO By f D. Ci .y - erk City Manager APPROVED: �� • ZAAA] -6-