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Home My WebLink AboutCEDAR VILLAGE - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGME'E; T,2\ I' 'HITS ACRET74UT is made and entered into this 1 7 — day of ?r—A--taw , A.D. .1,9 72, by and between TILE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Bruce L. Miller hereinafter desic�-iated as the "Developer", IV r'FW71 !? :;fiP*PH - WI[E,REAS, Developer is the owner of: CEDAR VILTACE, FIRST FILING situate in the northwest 1/4 of Section 27, Township 7 North, Range 69 West of the Sixth P.M., Fort Collins, Colorado, trore particularly described on the subdivision plat on file in the City Engineer's Office and by this reference made a part 1_3reof; and WHEREAS, Developer desires to develop said property as a residential subdivision and has 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 MrEREAS, the parties hereto have ac.-reed 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 NOW, T11EREFORE, in consideration of the premises and the tezrns 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. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets mid other nnlni.cipal. 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 reciuir_ements and as shown on said plans, whether suc-h lines are actually on the property, bordering the property or on other lancls connecting the subject property to the existing City water distribution system. b. Such eater lines shall_ be installed in full compliance with the standard specific�;tions of the City on file in the office of the City Engineer re_lati.nq to the installation of such lines. c. Developer agrees to complete the installation of said lines no later than June 1, 1980. d. Developer understands and agrees that no building permit for any structure in the stilAivision shall be issued by the City until the 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 satisfactory rrk nner and the Developer shall be liable for the costs of such additional work. 3. 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 corpliance ,.ALh the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Developer_ actrees to complete the installation of said lines no later than June 1, 1980. d. Developer tuiderstands and agrees that no building permit shall be issued by the City for any structure in the sulilivision until the sanitary sewer line serving such structure is installed and accept(A 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 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 raa-nzer ar:d the Developer shall be liable for the costs of such additional vx)rk. -3- 4. Electric Lines .id Facilities. a. 'Ilse City I,i..ght and Poi,:er Ik,lkartment shall install all electric distribution lines and facilities required for the subject property and the Developer shall pviy for such work in accordance with the established charges of �-he Light and Pc.,aer Department. Such installation shall include all street light-.s required for the developer nt. 5. Storm Sep-,rer Lines and Facilities. a. The Developer_ shall install all stone sewer_ lines and facilities shown on the util___ty plans. b. Suclr storm sewer lines and :Facilities sl al.l be installed in full con4)liance with the st udard specifications of the City on fi1_e in the office of the City Engineer relating to the installation of such lines. c. Developer agrees to complete the installation of stormwater detention facilities prior to November 30, 1977. d. Developer further agrees to control runoff 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 drainage of storm waters. e. All of said drainage facilities and control measures shall be 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 ''-o correct any deficiencies in such installationi in order to meet the requirements of the plans and the specifications applicable to such installation. In the evee7t such installation -4- 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. 6. Streets. a. The Developer agrees to install all streets shown on the utility plan, complete w-_th 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 improver,ents no later than June 1, 1980, except that the improvements for Drake Road west of Hanover Drive to Spring Creek shall not be constructed until such time the City rec1uests the Developer to do so, but in any event such Drake Road improve- meats shall be completed by no later than June 1, 1982. d. No building permit for the construction of any structure in the sub- division shall be issued by the City until the street providing access to the stnzctures is :improved with at least the gravel base required. e. All of said streets shall be installed at the expense of the Developer except that the City shall pay that added construction cost of improving Drake Road as an arterial street rather than a residential street. f. The installation of all streets shall be inspected by the Engineering Services DepartE!nt of the City and subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the recruirelrents 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 satis- factory manner a -id the Developer shall be liable for the cost of such additional work, including all n.- anal charges made by the City fc, cinancing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. g. 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. 7. Other Pzquirements. Developer is aware that lots 78 through 90, inclusive, are subject to flooding from Spring Creek in a major storm. Therefore, Developer agrees to channelize Spring Creek for flood control as indicated on the utility plans. Building permits shall not be issued by the City for any structures to be constructed on said lots, until the channelization of Spring Creek is completed by the Developer and accepted by the City. Said channelization shall be completed no later than June 1, 0 1980. City agrees that the Spring Creek flood plain easement, as shown on the Cedar Village, First Filing, subdivision plat, may be used with future development in accordance with section 118-83J(1)(c) Code of the City of Fort Collins, in the event the Developer desires to develop property contiguous with said flood plain as a Planned Unit Development. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHERBOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. R,=ST : City Clerk THE CITY OF FORT COLLINS, COLORADO BY 1��LA �� City Manager -r-