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HomeMy WebLinkAboutLANDINGS PUD FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-107riIs Ac=-nTr is made and entered into this C,` t day of A.D. 1979, by and beb,,,2 n THE CPFY OF FORT ODLI TNS, COTDRADO, a municipal corporation, hereinafter sometimes designated as the "City", and Landings Ltd.; Osprey Homes, Inc., General Partner hereinafter designated as the "Developer", WITNFSSETH: ivHER�.AS, Developer is the owner of certain prop�_rty situate in the County of Lariirner and State of Colorado and legally described as follows: The Landings P.U.D. -Filing 4. Situate in the southeast one quarter of Section 3.6, Township 7 North, Range 69 west of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. I4HERrAS, Developer desires to develop said property as a residential subdivision and has sulmitted to the City a subdivision plat (and a site plan of said property is to he developed as a Planned Unit Development), a copy of wfi ich is on file in the Office of the City Engineer and by this reference made a part hereof; and W,-iERF_AS, Developer has further 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 Wir,RF_?\.S, the parties hereto have agreed that the develotz tnt 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 b nefit to the lands to be developed and not to the City of Fort Collins as a whole; and V,'HERFAS, the City has approved the subdivision plat (and site plan where applicable) sulmitted by the Developer subject to certain requireients and e. All of sa,i lines shall be installed at t e- sole expense of the Developer except that the City shall repay the Developer for the added cost of installing a 12" diameter main in Boardwalk Drive in lieu of an 8" diameter main. f. The installation of said line shall be inspected by the Public bbrks Departrmnt of the City and shall be subject to such department's ap- proval. Developer agrees to correct any deficiencies in such installation in order to nret the requirements of the plans and the specifications applicable to such installation. 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 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 structure is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. e. A11. of said lines shall be installed at the sole expense of the Developer -3- f. The installation of said lines shall be inspected by the Public vbrks Departrmn t 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 insta- lation 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. 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 carplete the installation of detention facilities prior to the issuance of more than thirty-four (34) building permits. d. All of said lines and facilities shall he 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. Inlet structure into 30" dia. RCP from Spring Canyon. Irrigation ditch indicated on sheet 12 or 14 as well as the 5'x20' box culvert and appurtenances shall be included as part of this subdivision and shall be designed by September 1, 1979 and shall be constructed when* f. The installation of all of such lines and facilities shall be inspected by the Public Y3orks Departrrr_nt of the City and shall be subject *required by the City but not later than April 1, 1981. -4- to such department's a,_roval. Developer agrees to ec_ ect any deficiencies in such installation in order to met the requirements 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, complete with 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 streets. C. No building permit for the construction of any structure in the subdivision shall. be issued by the City until the street providing access to the structures is inproved with at least the gravel base 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 completely installed with the time required on Exhibit A. If the City Engineer determines that any streets shown on the utility plans are required 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 streets shall be installed at the sole expense of the Developer except: that the City shall repay the Developer for constructing Boardwalk Drive as a collector street rather than a local street. Repayment shall include that width in excess of 40 feet as well as that depth of base and subbase which exceeds local street requirements as determined by soil f. Developer agrees to correct any deficiencies in such installation tests. in order to rmet the requirements of the plans and the specifications applicable to such installation. g. Street irproverrents shall not be installed until all utility lines to be placed in the streets have been campletely installed and all services to -5- conditions %a ch irr 've the installation of and or- ,truction of utilities and other urranicipal improvfuents in connection with said lands. p,,j9, y1lF.Rj�:FC)RE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is aknowledoed by the parties hereto, it is agreed as follows. 1. Except as o herwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and oth r rnrnicipal facilities necessary to serve the lands within the subdivision. 2. Y7ater Lines. a. Developer agrees to install all water lines as shown on the utility plans in acYx)rda:zce with the requiredi-ents and as shown on said plans, whether such lines are actually on the proparty, bordering the property or on other lands connecting the subject property to the existing City crater distribution system. b. Such water lines shall be installed in full coTpliance 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 urrderstary-s 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 accented by the City. d. Any water lines described on F-,chibit A, attached hereto shall be installed within the tirr>e required on Exhibit A. If the City Engineer determines that any lines shown on the utility plans are required to provide service to oth^r areas of the City, those lines shall be installed within the time- determined by the City Fngineer. -2- e. All of aid lines shall be installed a the sole expense of the Developer except that the City shall repay the Developer for the added cost of installing a 12" diameter main in Boardwalk Drive in lieu of an 8" diameter main. f. The installation of said line shall be inspected by the Public [.arks - ly°part-rr�nt. "of the City and shall be subject to such depr+r-b-,lent's ap- proval. Developer agrees to correct any deficiencies in such installation in order to rrrt the requirem nts of the plans and the specifications applicable to such installation. 3. Sinitary Sewar Collection Lines. a. The D velop r agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject properrty. b. Such sanitary sewer lines shall be installed in full cOMP"ance 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 isstr-_d by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the tip required on Exhibit A. If the City FDginees determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the tie determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the D veloper -3- . f. The installation of said lines shall be inspected by the Public WDrks Departmst of the City and subject to such deppartmnt's approval. Developer agrees to correct any deficiencies in such installation in order to m-et the rc+fiireimnts of the plans and the sixecifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Rower Department shall install all electric distribution lines and facilities required for the subject proi.erty and the Developer shall pay for such work in accordance with the established charges of the Light and Baer Deparisrent. Such insta- lation shall include all street lights required for the development. 5. Siorm Sewer Lines and Facilities. a. The Develop r 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 caTpliauce 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 co-rplete the installation of detention facilities prior to the issuance of more than thirty-four (34) building permits. 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. Inlet structure into 30" dia. RCP from Spring Canyon. Irrigation ditch indicated on sheet 12 or 14 as well as the 5'x20' box culvert and appurtenances shall be included as part of this subdivision and shall be designed by September 1, 1979 and shall be constructed when* f. Tha installation of all of su^h lines aid facilities shall be inspcted by the Public tY�ri:s D-partsrent of the City and shall be subject *required by the City but not later than April 1, 1981. -4- to such department'- pproval. Developer agrees tc )rrect any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 6. Streets. a. The ]D,veloper agrees to install all streets shown on the utility plans, car-plete with paving, curb, guttet and sidewalks. b. such struts shall be installed in full oompliance with the standard siy-�cifications of the City on file in the office of the City Engineer relating to the installation of such streets. c. No building p:rmit for the construction of any structure in the su2rlivision shall ba issued by the City until the street providing access to the stivctires is improved with at least the gravel rase 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 describ_i on Exhibit A, attached hereto, shall be comcmletely installed with the time required on F-'hibit A. If the City Engineer determines that any streets shown on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the tirre reclaired by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer except that the City shall repay the Developer for constructing Roardwalk Drive as a collector street rather than a local street. Repaymen shall include that width in excess of 40 feet as well as that depth of bas and subbase which exceeds local street requirements as determined by soil f. Developer agrees to correct any deficiencies in such installation tests in order to meet the requirercnts of the plans and the specifications applicable to such installation. g. Street iirprovements shall not be installed until all utility lines to be placers in the streets have been oa�letely installed and all services to &a individual lots have been installed from main utility lines to the property line. h. The Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engi- neer as areas requiring such measures to insure the public safety. 7. Other Requirements. a. In the event that adjacent subdivisions are not constructed prior to this subdivision, the developer si'a" provide a minimum of two (2( points of improved access. b. Boardwalk Drive shall be completed to the property line when the 5' x 20' culvert is completed as called for by Paragraph 5 (e) above. 8. Miscellaneous. a. This agreement shall be binding 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 as it exists as of the date of this agreement or any other provision of the City Code and the Developer agrees to comply with all require- ments of the same. APP7 �t Di re t � P'ubl THE CITY OF FORT COLLINS, COLORADO v>fe e o r rq- -6- ks G 1. Sch-�Aule of hater lines to he installed out of sequence. 2. Schedule of sanitary sewer lines to he installed out of sequence. 3. Schcr9ule of street fnprove tints to be installed out of sequence. CN e' •1017� 1� THIS11 A(7REEmFaNIT is made and entered into this -((I'-day of A.D. 1979, by and between THE CITY OF FORT COLLINS, COLORADo, a municipal corporation, hereinafter sometimes designated as the "City", and Landings Ltd.; Osprey Homes, Inc., General Partner hereinafter designated as the "Developer", WITNFSSETH: WHF,RFAS, Developer is the owner of certain property situate in the County of Tarim, and State of Colorado and legally described as follows: The Landings P.U.D. - Filing 4. Situate in the southeast one quarter of Section 3.6, Township 7 North, Range 69 west of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. VIEREAS, Developer desires to develop said property as a residential 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 WHEREAS, Ekaveloper 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 WHFRFAS, 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 he developed and not to the City of Fort Collins as a whole; and t9f-=rR s, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requirements and conditions which invo: the installation of and cons fiction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terns 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. 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 within the subdivision. 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, bordering the property or on other lands connecting the subject property to the existing City crater distribution system. b. Such water lines shall be installed in full compliance 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 Exhibit A. If the City Engineer determines that any lines sr on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determines) by the City Engineer. -2-