HomeMy WebLinkAboutCASE - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION IMPROVEMENT AGRE, "T
THIS AGREEMENT is made and entered into this day of Februr r,
1978, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
hereinafter sometimes designated as the "City", and KAY CASE and GREGORY S. CASE,
hereinafter designated as the "Developers".
WITNESSETH:
WHEREAS, Developer is the owner of certain property situate in the County of
Larimer, State of Colorado, and legally described as follows:
CASE SUBDIVISION, situate in the S.W. 1/4 of Section
16, T.7N, R.69W. of the Sixth P.M., City of Fort Collins.
WHEREAS, the Developer desires to develop said property as a residential sub-
division and has submitted to the City a subdivision plat, which plat is on file
in the office of the City Planner and by this reference made 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 improvement primarily of benefit
to the lands to be developed and not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved'the subdivision plat submitted by the Developer
subject to certain requirements and conditions which involve the installation of and
construction of 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 acknow-
ledged by the parties hereto, it is agreed as follows:
1. It is understood and agreed upon by the parties hereto that that portion of
Prospect Street which is adjacent to the proposed development is not required at the
present time to be improved. The Developer, however, understands and agrees that at
such time as the City determines that further development in the area makes it necessary
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for that portion of Prospect Street which is adjacent to -he proposed development
to be improved, the Developer, upon written notice from the City, shall fully install
all improvements on said portion of Prospect Street.
2. The Developer agrees to participate in the construction of the Overland -
Prospect sanitary sewer line based on the frontage of the properties benefitted
according to the schedule established by the City Water and Sewer Department.
3. Upon written request of the City, the Developer agrees to install a 12 inch
water main along the approximately 160 feet of that portion of the property which
abuts Prospect Street, said main to be installed as indicated on the utility plans
for this subdivision or, in the alternative, to share a proportionate cost of in-
corporating the district water line located along Prospect Street (from which this
subdivision will initially be served) into the City water service system.
4. If the Developer is requested by the City to install said 12 inch water
main, the City shall reimburse the Developer for the difference in cost between
the installation of a 6 inch and a 12 inch water main.
5. The Developer agrees that he shall fully install all required improvements
within six (6) months after notice is given by the City requiring such installation.
6. The Developer further agrees to fully install all required improvements 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 improvements.
7. This agreement shall be binding upon the parties hereto, their heirs,
personal representatives, and assigns.
8. Nothing herein contained shall be construed as a waiver of any requirements
of the City's subdivision ordinance or any other provision of the City Code and the
Developer agrees to comply with all requirements of the same.
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CITY OF FORT COLLINS, COLORADO
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ATTEST:
City Clerk
C"J;
Dirk or of Engi neE,ri g Services "SeveI op
Attorney /�— Developer
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