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HomeMy WebLinkAboutBRUCE E MILLER CEDARWOOD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31Bruce E. Mill Cedarwood Subdivision, 20di AGREEMENT THIS AGREEMENT is made and entered into this 16th day of December _, A.D. 19 75 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Bruce L. Miller hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of Bruce E. Miller Cedarwood Subdivision, Second Filing, situate in the County of Larimer, State of Colorado, more particularly described on the subdivision plat on file in the City Engineer's Office and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a residential 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 City Planner's Office and by phis 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 City Engineer's Office 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 tiie master plan submitted by the Developer subject to certain requirements and conditions which involve the ins.tall�tion 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 on file in the City Engineer's Office. 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. -2- b. Stch wa=er 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 permit for any structure in t:hc subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. the Developer. d. All of Said lines shall be installed at the sole expense of e. 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 applicable to such installation. 4. Sanitary Seater 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 understands and agrees that no building permit 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. Developer. d. All of said lines shall be installed at the sole expense of the e. The installation of said lines shall be inspected by the Engineer- ing 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 N ffi the requirements of the plans and the specifications. applicable to such installation. 5. Electric Lires and Facilties.. The City Light and Power Department shall install all elactric 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 require- ments 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 during the process of development so as to assure that the health, safety, welfare, and property of the City and citizens is safeguarded and protected through the proper control and drainage of storm waters. d. The Developer is informed and agrees that a Certificate of Occupancy shall not be issued for any structure within the Bruce E. Miller Cedarwood Subdivision, Second Filing until the storm runoff detention pond has been constructed as shown on the utility plans and accepted by the City. e. All of said lines 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 r 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 specifica- tions 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 cost of such additional work. 7. Streets. a. The Developer agrees to install all streets shown on the utility plans, 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 improve- ments no later than September 1, 1976. d. No building permit for the construction of any structure in the subdivision stiAll be issued by the City until the street providing access to the structures is improved with at least the gravel base required. e. The installation of all streets shall be inspected by ttie 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. 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. 8. Other Requirements. Developer ai,rees to construct that section of West Lake Street from the east line of Bruce E. Miller Cedarwood Subdivision, Second Filing, to the existing improved street approximately 220' to the east. Said improvements shall consist of a 30' paved street width set to grade as shown on the utility plans. The Developer shall reimburse the City for all expenses for the right-of-way acquisition in this section of Lake St:re t. Said street shall be installed at the expense of the Developer. Said construction shall be subject to the inspection and acceptance agreed to under section 7 of this agreement. Construction of said section of West Lake Street to be completed by September 1, 1976. 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. ATTEST: City Clerk APPROVED: cl y- Dire—ct3V of Engineeri g Services City Attorney THE CITY OF FORT COLLINS, COLORADO i 1MWW • s �� 1�'r� Developer