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HomeMy WebLinkAboutEDORA ACRES SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGREFaTTWI! THIS AGREE1311T, is made and entered into this N& day of A.D. 19 .' � by and between TIE CITY OF FORT COLLINS, COLOF,ADO, a municipal corporation, hereinafter sometimes designated as the "City", and Deines Homes Inc. hereinafter designated as the "Developer", TtirrrnTWc crmT r . WHEREAS, Developer is the owner of: EDORA ACRES SECOND FILING situate in the northeast 1/4 of Section 19, Township 7 North, Range 68 West of the sixth P.M., Fort CollAs, 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 4a1EREAS, Developer desires to develop said property as a residential subdivision and has stihmitted 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 develotxxd and not to the City of Fort Collins as a whole; and NOW, `1l1ERtT'0RI , 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 follocas: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets 4 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, border_inq the pr_otx'-r.ty 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 )liance 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 June 1, 1978. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City tuitil the fire hydrant serving such structure is installed anl 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 instx,cted 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 manner and the Develol= 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 i_n 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 June 1, 1978,. 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 servincr 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 ix-- instx,cted by the Engineering Services Department of the City and subject to such departn)rnt'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 clone 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. -3- 4. Electric Lines and Facilities. a. 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. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b.I 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 o=rderly fashion during the process of devel.oj_xrent 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. All of said lines shall be .installed at the sole expense of the Developer. 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 applicahl.e to such installation. Tn 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 �,x)rk 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. -4- 6. Streets. 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 June 1, 1978. 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 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. T_n 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 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. -5- This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS TiJFE=F, the parties hereto have caused this agreement to bey signed the day and year first hereinabove written. ATTEST: City Clerk 20 THE CITY OF FORT COLLINS, COLORADO By��� o City Manager � ��i �'j `fir-,-..... �+ , ��� ✓w-� /'�. Develop& Title