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HomeMy WebLinkAboutLANDINGS SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-10SUBDIVISION AGRG1'MNT THIS AGRE TILNI' is made and entered into this day of il,_ t , A.D. 1977, by and between THE CITY OP POIZP COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "city", and hereinafter designated as the "Developer", WITNESSLTH: mM EAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: Y" WHEREAS, Developer desires to develon said property as a /✓- X/e7/ subdivision and has submitted to the City a subdivision plat (and a site plan of said property is to be developed as a Planned Unit Development), a copy of which is on file in the office of the City Engineer and by this reference made a part hereof; and MIPREA.S, 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 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 developer] and not to the City of Port Collins as a whole; and WHP.RPAS, the City has approved the subdivision plat (and site plan where applicable) sul)mit-ted 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, IIIEREEORE, in consideration of the premises and the terms and conditions herein stated and for otter_ 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, Minn drainage facilities, streets and otter municipal facilities necessary to serve the lands within the subdivision. 2. Water Lines. a. Developer agrees to install all water lanes as shown on the utility plans in accordance with the reluiremenLs and as shown on said plans, whether such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing City water distribution system. b. Such water Lines shall be installed in full conrrliancc with the standard 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 understands and agrees that no building permit for any structure in the subdivision 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. Any water lines described on Exhibit A, attached hereto shall be installed within the time required on I!,Jdbit A. if the City Engineer determines that any lines shown on the utility plans are required to provide service to other areas of the City, hose lines shall he installed within the tLmo determined by the City Engineer.. SA e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall Lx inspected by the Engineering Services Deparimynt of the City and shall be subject to such departalya is ap- proval. 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. 3. Sanitary Sewer. Collection Lines. a. The Developer agrees to insta:Ll 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 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 understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such stricture is installex9 and accepted by the City. d. 7vny sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the tiny_ requirel on Exhibit A. If the City Engineer determines that any lines shown in the utility plans are recpired to provide service to other areas of the City, those lines shall be installed within the titre determined by the City Engineer. e. All of: said lines shall be installed at the sole expense of the Developer. -3- f. The installation of said ].rocs 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. 4. Electric Lines and Facilities. 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 devel.oprment. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all stony sewer lines and facilities shown on the utility plans. b. 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 detention facili- ties prior to / d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All. of said facilities shall be :installed at the sole expense of Developer., f. The installation of all of such lines and facilities shall be in- spected by the Engineering Services Department of the City and shall he subject -4- to such department's approval. Developer agrees to correct any deficiencies in such installation in order to nYet i.he requirements of the plans and the specifications applicable to such instal-lation. 6. Streets. a. The Developer agrees to ins Gall all. streets shown on the utility plans, cciTplete with paving, curb, gutter and sidewalks. b. Such streets shall be insLailcd 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 streets. e. No building lx-rmit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is irproved with at least the gravel. Luse required. Furthermore, no building permit shall be issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be eonpletely installed with the tiiie recluiroY! on Exhibit A. If the City Engineer determines that any streets shown on the utility plans are rcxluired to provide access to other areas of the City, those streets shall he installed within the time required by the City Engineer. e. All of said streeLs shall be installed at the sole expense of the Developer c r c/ 1 j . /I / . ;= _ r,.//l f, f chi f. Developer agrees to correct any deficiencies in such installation in order to meet the rcxluirenents of: the plans and the specifications applicable to such installation. g. Street improveia-nLs shall not be installed mLil all utility lines to be placed in the streets have been completely installed and all services to -5- individual lots have been installed from main utility lines to the property line. 7. Other. Royuir-emenLs. 8. Miscellaneous. a. This agreement shall be, hinding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any requirements in the City Subdivision Ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. ATTEST: CitClint e C _ Di of Enginceri.rrtj^ Se vices -/ Cityttorney i THE CITY OP PORT COLLINS, COLORADO OSPREY_POMES, INC. _ . �_ By _� . , i Al Developer _— Tltle Reid L. Rosenthal Pre dent, Osprey Homes, Inc. Gehal Partner, Landings, Ltd. ATT ST:-. -6- � � i fi z ary PXIIT13IT A 1. Schedule of water lines to be installed out of sequence. 2. Schedule of sanitary sewer lines to be installed out of sequence. 3. Schedule of street urprovements to Ux installed out of sequence. EXHIBIT B The CiLy shall pay that added cost of constructing Landings Drive as a collector rather than as a residential street. Unit prices for said street construction shall be determined and agreed upon prior to actual construction. E G11I3IT C Acceptance of sanitary sewer lines under Section 3c. of this agreement, shall not include the South Side Trunk Line, presently under design. In the event the Developer desires the use of the onsite sanitary sewer collection system prior to the completion of the South Side Trunk Line, Developer agrees to have a temporary holding tank engineered and constructed prior to any such use. Developer hereby agrees that if a temporary sanitary holding tank is installed, he will. maintain said tank, insuring that sanitary conditions are maintained at all tunes. Said installation and maintenance of the holding tank shall be at the sole expense of the Developer. Developer agrees that the onsite sanitary sewer collection system shall be constructed and connected no later than May 31., 1978, to said trunk line provided the same is completed by that date. If the same is not completed by that date, Developer agrees that he will hook-up to the same within sixty (60) days after the same is completed.