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HomeMy WebLinkAboutSOUTHMOOR VILLAGE FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-30TiiIS A�;Rr:FT•SNT is made and entered into this �Q�— — day of A.D. 1979, by and between THE CITY OF FOFC COLT NS, CY-)TORkDO, a municipal corporation, hereinafter sarn_tiures designated as the "City", and E. E. Mitchell _& Commpany_ _ - hereinafter designated as the "Developer", WLT2 EWSSOIH: P 1F,RF_kS, Develops is the o •:ner of certain prop rty situate in the County of Tgriirr and Slate of Colorado and legally described as follows: Second Ammendment, Foothills Plaza P.U.D., being Tract "E" of Southmoor village, Fifth Filing, a plat of record, City of Fort Collins, County of Larimer, State of Colorado. _ S, Develo�r desires to develop said prop- �y as a commercial sulx3ivision an3 has sullnitted to the City a subdivision plat (and a site plan if said pro nrty i.s to be developed as a Planned Unit Develofyrcnt), a 0 of w}iich is on file in the office of the City Engineer and by this reference made a part hereof; and MERES, Developar has furth r sulmitted to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and L•ir:}L,TS, tlk-- parries hereto have agread that the develoEvrent of said lands will rcvluire increased municipal services from the City in order to serve such area and will furfh:s require the installation of certain improvements primarily of 1,,jefit to the lands to be developed and not to the City of Fort Collins as a 41role; and the City has approved the subdivision plat (and site plan where applicable) sulinitted by the Develo�r subject to cer{ate requiraT nts and e. The installation of said hydrant shall be inspected by the Conununity Development Department of the City and shall he subject to such departmenL's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requi.rements of the plans and the specifications applicable to such installation. 4. Sanitary Sewer a. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision unti.l the sanitary sewer Liue serving such structure is installed and accepted by the City. 5, ILlcceric Lines and Facilities. 7'he City Light and Power Department shall installall 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 n1.1 street. lights required for the development. 6. storm Sewer Lines and Facilities. a. The Developer shall_ install all storm sewer lines and facil.iti.es shown on the utility plans. it is understood that such lines and facilities may noL represent all of the Developer's obligntions in this regard and additional_ requirements may be made by the Clty at other stages of the development. b, Such storm sewer lines and facilities shall be installed in full compliance witli 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 1_ines and facilities in an orderly fashion durin£; the process of development, so as determined by the City Engineer, to prevent damage to other utilities, streets, curb and gutter, sidewalks, and all adjacent properties. d. All of said lines shall be installed at the sole expense of the Developer. e. The installation of all such lines and facilities shall be inspected by the Community Development 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. On -site Improvements. The Developer agrees to install all on -site parking areas, sidewalks, curb, gutter, and driveways in the manner indicated on the utility plans. Any deviations from the original planshall bee made only with written permission of the City Planning Department in order to insure uniform and safe vehicular, and pedestrian flow. 8. Traffic Control. a. The Developer agrees that there is a need for stop signs at all parking lot exits and he shall provide said signs at his own expense. The Developer agrees also that stop signs are necessary at the College Avenue and Monroe Drive entrances and these signs shall also be provided. b. The Developer further agrees that the traffic conditions generated at the intersection of South College Avenue and Monroe Drive warrant signal.i.zation of that intersection. The estimated cost of this sigualization is $25,000 of which the Developer agrees to participate as n 25% contributor. -4- 9. Sidewalks. The City agrees that there is no immediate need for bicycle or pedestrian walks within the right-of-way of said lands at this time. However, should development of adjacent lands at any time in the future warrant the need for said walks, as determined by the City Engineer, the Developer agrees to install all walks upon request of and to the specifications of the City. 10. 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 $6,250 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: t City Clerk APPROVED: Dfrectot of Engineer ng Services City Attorney THE CITY OF FORT COLLINS, COLORADO BY City Manager f Developer conditions which it lve the installation of and c 3truction of utilities and oth::r rr.uricipal improverr�nts in connection with said lands. TuiERE�C)RE, in consideration of the premises and the ter s and conditions herein staffed and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Fe 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 within the subdivision. 2. i-.ater Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the resuirerents and as shown on said plans, whether such lines are actually on the prop` rty, bordering the prroparty or on other Ian, -Is connecting the subject property to the existing City pater distribution system. b. such water lines shall be installed in full con?liance with the strinciard specifications of the City on file in the office of the City Engineer and applicable provisions of the City Code relating to the installation of such lines. C. Developer iur3ersta-,Os and agrees that no building permit for any structure in the sulrlivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. A,-v water lines described on Exhibit A, attached hereto shall be install within the time required on Exhibit A. If the City Fngineer determines that any lines sho.vn on the utility plans are required to provide service to oth-.r areas of the City, those lines shall be installed within the ti Te determined by the City Fnyineer. -2- e. All of said lines shall be installed at .he sole expense of the A veloper f. The installation of said line shall be inspected by the Public jvarks Dep3rtrn nt: ' of the City and shall he subject to such departrent's ap- r' agrees to correct any deficiencies in such installation in proval. Develope or(.,er to ircet the requirurents of the plans and the specifications applicable to such installation. F] sanitary Sew r Collection Lines. a. The Develop'r agrees to install all sanitary sewer collection' lines sho,an on the utility plans, whether the swie be on or off the subject Property. b. Such sanitary sewer lines shall be installed in full colrpliance with the st-andard specifications of the City on file in the office of the City F-rlgincer relating to the installation of such lines. C. Dev lour unlerstanis an3 agrees that no lwilding permit shall be issilrby the City for any structure in the sibdivision until the sanitary sewer line serving such structure is installed and accePted by the City. d. Any rani ary sewer lines describ d on Fxilibit A, attached hereto shall be installed within the tine required on FJchibit A. If the City Fngineer d tennincs that any l -Des shun in the utility plans are required to provide servi_rz to other areas of the City, those lines shall be installed within the tire determined by the City F-ngineer_ e. All of said lines shall be installed at the sole expose of the D_veloper -3- f. The installation of said lines shall be inspected by the Public 1-brks Department. of the City and subject to such der-kartm,nt's approval. Develo'-,er agrees to correct any deficiencies in such installation in order to rrret the requirenents of the plans and the specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Porter Denartrrent shall install all electric distribution lines and facilities required for the subject ninperty and the Developer shall pay for such work in accordance with the establish d charges of the Light and Power Departrm-rt. Such insta- lation shall irxarrie all street lights required for the develop -Tent. 5. Storm Sews Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b. such storm sewer lines and facilities shall be installed in full czxrT,)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 oaplete the installation of detention facilities prior to the request for the issuance of a Certificate of Occupancy. d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Figineer, so as to prevent da=rage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole eKp=nse of Developer. f. ru,2 installation of all of such lines and facilities shall be i nslr_ct cA by the Psbl is WDrks D2partirc_nt of the City and shall be subject to such departrent.'s ?proval• Developer agrees to ,rrect any deficiencies in such installation in order to rreet the requireirents of the plans and the specifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, car,37ete with paving, curb, guttet and sidewalks. b. Such streets shall be installed in full mnpliance with the standard slx cifical ions of the City on file in the office of the City Engineer relating to the installation of such streets. c. I3o hkiilding permit for the construction of any structure in the sulrlivision shall be issues by the City until the street providing access to the structures is isrp roved with at least the gravel base required. Forthen ure, no building Ix -emit shall he issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on EY;hibit A, attached hereto, shall be co'joletely installed with the tine rerniired on Exhibit A. If the City Engineer deternnines that any strei--ts shown on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the tim. rcgilred by the City Enginer_ e. All of said streets shall be installed at the sole expense of the Doveloper. f. Doveloper agrees to correct any deficiencies in such installation in order to treet the require, -rents of the plans and the specifications applicable to such installation. g. Street i=_roverents shall not be installed until all utility lines to be placed in the strc,^ts have b7tin co,nletely installed and all services to -5- iruividual lots have b-On installed from rain utility lines to m property line. h. The Iy-veloper agrees to provide and install at his expense adequate barricades, warni�-)g signs, or other devices on the dead ends of streets to be continued. unfinished crossings, and other sites designated by the City Engineer as areas requiring such 7reasirres to insure the public safety. 7. Other R�-Triremnts. None 8. Miscellaneous. a. This agreamant shall be binding upon the parties hereto, their heirs, Frrsonal representatives and assigns. b. Nothing herein contained shall b construed as a waiver of any reanire.-ents in the City Subdivision ordinance or any other provision of the City Code and the Developer agrees to co7ply with all requirerents of the same. AVCk��'e C APPROVED: Dire���ofPubli_c`P7o_✓ks. ` C i ty Attotney SE T'rIE Cl!q OF FORT COLD'S, COEORADO By 11C, City Manager A 6. Title 1. Schrdule of water lines to be installed out of sequence. Not applicable 2. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable 3. Schedule of si-reet im-prove-rmnts to be installed out of sequence. Not applicable AGREEMENT THIS AGREEMENT is made and entered into this // ih day of A.D. 19 7 by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and HQ, Inc. hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of Lots 'T' and 'U' of Southmoor Village, Fifth Filing situate in the County of Latimer, State of Colorado, 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, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and 1 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 primnril.y 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 installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, 'LHEREFORE, 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 such lines, streets and facilities including, but not limited to, those shown on the utility plan for said lands. 3. Eire Hydrant. a. Developer agrees to install the fire hydrant as shown on the utility plan in accordance with the requirements and as shown on said plans. b. Said fire hydrant 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 hydrants. C. 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. d. Said fire hydrant shall be installed at the sole expense of the Developer. -2-