HomeMy WebLinkAboutBRUCE E MILLER CEDARWOOD FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31i
AGREEMENT
THIS AGREEMENT is made and entered into this _ ( day of
A.D. 19 �;, by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as
the "City", and Bruce E. Miller hereinafter designated as the "Developer",
WITNESSETH:
WHEREAS, Developer is the owner of Cedarwood Subdivision, Fourth
Filing, situate in the County of Larimer, State of Colorado, more particularly
described on the Subdivision plat on file in tie 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 this 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
WTIEREAS, 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, 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.
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.
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
relating to the installation of such lines within one year of the date first
hereinabove written.
d. Developer understands and agrees that no building permit
for any structure in the subdivision shall be issued by the City until the fire
hydrant serving such structure is installed and accepted by -the City.
Developer further understands that acceptance of the fire
hydrant to be located at Deerfield Drive and Bradbury Court will require looping
the proposed 6—inch water main in Deerfield Drive to the existing water main in
Clearview Avenue.
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. 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.
4. Sanitary Sewer 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 agrees to complete the installation of said lines
no later than within; one year of the date first hereinabove written.
d. 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.
of the Developer.
e. All of said lines shall be installed at the sole expense
f. The installation of said lines shall be inspected by the
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 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 De 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.
5. 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.
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
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 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.
of the Developer.
d. All of said facilities shall be installed at the sole expense
e. 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. - 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. Sti:eets.
a. The Developer agrees to install all streets shown on .the
utility .plan, 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
improvements no later than within one year of the date first hereinabove written.
d. No building permit for the construction of any structures 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.
e. The installation of all streets shall be inspected by the
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.
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 lerk
APPROVED:
Direct r of Engi.OEM7ing Services
i
City Attorn
THE CITY OF FORT COLLINS, COLORADO
City Manager
�— Developer