HomeMy WebLinkAboutL C MOORES SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-09-16DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 28rL day of
MAl2L/i , 1983, by and between the City of Fort Collins,
Colorado, a Municipal Corporation, hereinafter referred to
as "the City", and Douglas D. Andersen and Vicky L. Andersen,
owners, hereinafter referred to as "the Developer";
WITNESSETH:
WHEREAS, the Developer of certain property situate in
the County of Larimer, State of Colorado, and legally described
as follows, to -wit:
Andersen Group Home, being Lots 17 and 18 of L.C.
Moore's Second Subdivision, situate in the Southwest
1/4 of Section 13, Township 7 North, Range 69 West of
the Sixth Principal Meridian, City of Fort Collins,
County of Larimer, State of Colorado.
WHEREAS, the Developer desires to make substantial
modifications in the use which the above -referenced property
is submitted without actually making any changes in the
improvements in the property or developing the same; and
WHEREAS, the Developer has submitted to the City a
subdivision plat and/or a site plan, a copy of which is on
file in the office of the City Engineer and made a part
hereof by reference; and
WHEREAS, the City has approved the subdivision plat
and/or site plan submitted by Developer subject to certain
requirements and conditions as hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and
terms and conditions acknowledged by the parties hereto, it
is agreed as follows:
1. General Conditions.
A. Because it is not appropriate in this case, no
utility plan has been filed nor is the same required for the
change which the Developer desires to make in the premises.
B. No alterations in the building are anticipated
at the present time and therefore no building permit is
required nor has the Developer requested the same.
C. There shall be no change in the use of the
premises so no modification of water lines, sanitary sewer
lines, storm drainage lines and/or streets shall be required.
D. Except as set forth in paragraph 2 hereof,
no street improvements or sidewalk improvements nor alley
improvements shall be required by the Developer.
2. Special Conditions.
The Developer agrees to participate in any future
alley improvement district which is formed which affects his
property and to upgrade the sidewalk adjacent to his property
to City standards.
3. Miscellaneous.
A. The Developer agrees to provide and install,
at his expense, adequate barricades, warning signs and
similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary
by the City Engineer in accordance with the City's "Work
Area Traffic Control Handbook" and shall not remove said
safety devices until the construction has been approved by
the director.
B. The Developer shall, at all times, keep the
public right-of-way free from accumulation of waste material
or rubbish caused by his operation, shall remove such rubbish
no less than weekly and, at the completion of the work,
shall remove all such waste materials, rubbish, tools,
construction equipment, machinery, and surplus materials
from the public right-of-way. He further agrees to maintain
the finished street surfaces free from dirt caused by his
operation. Any excessive accumulation or dirt and/or construction
materials shall be considered sufficient cause for the City
to withhold building permits and/or certificates of occupancy
until corrected to the satisfaction of the City Engineer. If
the Developer fails to adequately clean such streets within
two (2) days after receipt of written notice, the City may
have the streets cleaned at his expense and he shall be
responsible for prompt payment of all such costs.
C. The Developer hereby insures that his subcontractors
shall cooperate with the City's construction inspectors by
ceasing operations when winds are of sufficient velocity to
create blowing dust which, in the inspector's opinion, is
hazardous to the public health and welfare.
D. When the inspector determines that erosion
(either by wind or water) is likely to be a problem, the
surface area of erodable earth material exposed at any one
time shall not exceed 200,000 square feet for eathworks
operations. Temporary or permanent erosion control shall be
incorporated into the subdivision at the earliest practicable
time. By way of explanation and without limitation, said
control may consist of seeding of approved grasses, temporary
dikes, gabions, and/or other devices.
E. The Developer shall, pursuant to the terms of
this agreement, complete all improvements and perform all
other obligations required herein, as such improvements or
obligations may be shown on the original plat, or on any
replat subsequently filed by the Developer, and the City may
withhold such building permits and certificates of occupancy
as it deems necessary to insure performance hereof.
F. This agreement shall be binding upon the
parties hereto, their successors, grantees, heirs, personal
representatives, and assigns and shall be deemed to run with
the real property above described.
G. Nothing herein contained shall be construed as
a waiver of any requirements of the City Code, and the
Developer agrees to comply with all requirements of the
same.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: —Lo'n�
Cit Manager
ATTEST:
4"
City Clerk
APPROVED
Director of Publi Works
WY 4s�d,
City Attorney
\ ... OWNERS:
Douq ID. Andersen
Vicky IA- Andersen