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HomeMy WebLinkAboutELLIOTT MILLER FOOTHILLS WEST THIRTEENTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGREEMENT THIS AGREEMENT is made and entered into this day of ,�,�,�_, A.D. 1975, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter some- times designated as the "City", and ALVIN L. MILLER, hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer, State of Colorado, known as The Elliott Miller Foothills Subdivision, Thirteenth Filing, more particularly described on the subdivision plat on file in the office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a Commercial 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 office of the City Planner and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a utility plan for said lands which is on file in the office of the City :Engineer and by this reference made a part hereof; and WHEREAS, the parties hereto have agreed that the develop- ment 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 the master plan submitted by the Developer subject to certain requirements and conditions which involve the installa- 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 con- sideration, 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 require- ments 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 office of the City Engineer. -2- 3. Streets. a. The Developer agrees to install all streets to serve those lots shown on the subdivision plat, complete with asphalt paving, curb, gutter and sidewalks. b. Such streets shall be installed in full com- pliance wit]a the standard specifications of the City on file in the office of the City Engineer relating to the installa- tion of such streets. C. Developer agrees to complete the installation of street improvements no later than the following schedule: August 1, 1975 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 Community Development 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 require- ments of the plans and 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 -3- 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. 4. Landscaping. a. The Developer agrees to install all landscaping shown on the approved landscape site plan on file in the office of the City Planning Department. b. Such landscaping shall be inspected by the City Zoning Administrator and be subject to her approval. In the event the Zoning Administrator fails to approve such landscaping, then the Developer agrees to take such action as may be necessary to correct any deficiencies and to make the landscaping conform to the landscape plan referred to above. c. The Developer further agrees to maintain the landscaping after the same is installed in good condition and in the event of the Developer's failure to maintain the land- scaping in accordance with this requirement, the City may maintain the same and charge the cost of the same to the owner of the subject property. This provision shall be a covenant running with the land and shall be enforceable against the land. MEAN d. The Developer understands that a Certificate of Occupancy will not be issued until the Zoning Administrator has approved the landscaping as meeting all requirements shown on the landscape site plan. 5. Performance and Payment Bond. To insure Developer's performance under this agreement, Developer has provided the City a satisfactory surety bond in the amount of $ not required conditioned on Developer's full performance of its obligations hereunder and payment by the Developer of the cost of installing all improvements required to be paid for by the Developer. 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: f; City C� lerk APPROVED: Direc tor ot Commurr' ty Development. artment /ity At or y THE CITY OF FORT COLLINS, COLORADO :. City Manager ALVIN L. MILLR, Eeve open -5-