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Home My WebLink AboutNOR COLO - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-26SUBDIVISION AGREETEW l.%_ THIS AGREEMENT is made and entered into this f ' day of r A.D. 1979, by and between THE CITY OF FORT COLIJIS, COIORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Nor -Colo Distributing Company hereinafter designated as the "Developer", WITNESSEPH: WHEREAS, Developer is the owner of certain property situate in the County of Larirmr and state of Colorado and legally described as follows: NOR -COLA SUBDIVISION, situate in the Northwest 1/4 of Section 2o, Township 7 North, Range 68 WEst of the Sixth P.M., City of Fort Collins. iVEMREAS, Developer desires to develop said property as a commercial Subdivision and has subxmitted 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 lade 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%1ERF.AS, the parties hereto have agreed that the develop -rent 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 wiiEREAS, the City has approved the subdivision plat (and site plan where applicable) 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, TE REYORp., 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: L. 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 Tines. 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 water 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 he issued by the City until the water line and the fire hvcLr<nt. serving such structu_e is install.el and accepted by the City. d. Any writer lines described on >y,:hibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines no,,m on the utility plans are required to provide service to oth_r areas of idne City, those lines shall be installed within the ti:e determined by the City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer f. The installation of said line shall be inspected by the Engineering Services D�,partr ent 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 Meet the requirements of the plans and the specifications applicable to such installation. 3. Sani av/ Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on tl�e utility plans, whether the scree 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 relats-1 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 server lines described on R>; it A, attached hereto shall be installed within the ti,-re required on Exhibit A. if the City Engineer detennines that any lines shoran in the utility plans are required to provide service. to other areas of the City, those lines shall be installed within the tiino determined by the City Engineer. e. Al]. of said lines shall be installed at the sole expense of the Dcveloper -3- f. The _nstallation of said lines shall .,e. inspected by the Engineering Services Department of the City and subject to such departr.-nt'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 Departrrent 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 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 understands and agrees that no building permit shall be issued for any structure within this subdivision prior to the Developer obtaining the written approval of the City Fngineer of drainage plans for this site. Such drainage plans and the calculations for said plans shall be submitted to the City Engineer for his review and approval at the time a site plan for the oroposcA construction is subini_tted to the City. Developer further understands and agrees that no certificate of occupancy for any structure shall be issued until all storm sewer lines and facilities are completed. 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 expanse of Developx-Ir. f. The installation of all of such lines and facilities shall be in- spected by the Engineering Services Department of the City and shall be subject to such dcpartarent'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. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, coiTlplete with paving, curb, gutter and sidewal]s. b. Such streets shall be installed in full compliance with the staward specifications of the City on file in the office of the City IIigineer relating to the installation of such streets. c. No building A'rnit for Che construction of any structure 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. Furthe"more, no building permit 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 Exhibit A, attached hereto, shall be co;rplctely installed with the tine required on rlchibit A. If the City Engineer detennines that any streets shoran on the utility plans are required to provide access try other areas of the City, those streets shall b installed within the time required by the City Engineer. e. A11. of said streets shall be installed at the sole expense of the 1k we toper f. Develo nr agrees to correct any deficiencies in such installation in order to met the requirements of the plans and the specifications applicable to such installation. q. Street iinproven�--nts shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to -5- ind-Lvidual 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 continuod, unfinished crossings, and other sites designated by the City Engineer as areas rcg,;ring such masures to insure the public safety. 7. Other ReTis�-filents. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Notting herein: contained shall be construed as a waiver of any requirements in the City subdivision Ordinance or any other provision of the City Cocle and the l�.veloper agrees to coraly 1,ith all requirem nts of the sane. ATIPPOVED : QS Off' FOTa CiOELLVS, CO�R:�DO By jity Manager e�7ei � --- Title EXHIBIT A 1. Schedule of water lines to be installed out of sequence. The Developer understands and agrees that the following portion of the water line shown on utility plans for this subdivision must be installed prior to the issuance of a building permit for any structure within this subdivision: (1) the existing 12 x 12 cross at the present intersection of Timberline and Prospect shall be relocated to the east and the necessary valves installed in accordance with the utility plans; (2) install the 550' of 12" C. I. P. south from the relocated valve to the 12 x 12 x 8 tee at the intersection of Timberline and Midpoint, including the required valves and thTustback; and (3) install the 8" C. I. P. along Midpoint, including the fire hydrant, to station 6+02.90, installing a plug and thrustback at that point. 2. Schedule of sanitary sewer lines to be installed out of sequence. The Developer understands and agrees to install any encasements or other protection of the sanitary sewer required by the City due to the extention of a railroad spur serving this subdivision. 3. Schedule of street improvements to be installed out of sequence. Not applicable