HomeMy WebLinkAboutNORTH LEMAY SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-05North Lemay Subdivision 2nd
AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of
January ) 1975, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter sometimes designated as
the "City", and L9L ASSOCIATES, a general partnership with principal
offices in Fort Collins, Colorado, hereinafter designated as the "Owner",
6VITNESSETH:
WHEREAS, Owner is the owner of certain property situate in the
County of Larimer, State of Colorado, more particularly described on
Exhibit "A", attached hereto and by this reference made a part hereof;
and
WHEREAS, Owner desires to develop said property as an industrial
subdivision known as North Lemay Subdivision and has submitted to the City
a master plan showing a proposed subdivision layout for said lands, which
master plan is attached hereto as Exhibit "B" and by this reference made
a part hereof; and
WHEREAS, Owner has further submitted to the City a master utility
plan for said lands, a copy of which is attached hereto as Exhibit "C" and
by this reference made a part hereof; and
WHEREAS, the parties previously entered into a Memorandum of
Agreement respecting said lands on June 6, 1974, to which this Agreement
is intended to be supplemental and not in replacement thereof; 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 developed and not to
the City of Fort Collins as a whole; and
WHEREAS, the City Council has approved the first filing of said
subdivision, and the City's Planning and Zoning Board has approved the
second filing of said subdivision submitted by the Owner 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, THEREFORE, 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 approved the master plan for the North Lemay
Subdivision, Second Filing, submitted by the Owner.
2. Except as otherwise agreed in the parties' Memorandum of
Agreement of .June 6, 1974, or otherwise herein specifically agreed, the
Owner agrees to install and pay for all utility lines, storm drainage
facilities, streets and other municipal facilities necessary to serve the
lands described upon Exhibit "A", such lines, streets and facilities as
shown on the master utility plan attached hereto as Exhibit "C". The Owner
agrees that no more than one curb cut on North Lemay Avenue (which shall
serve Lot 4 of the Second Filing of said Subdivision) shall be sought, and
any curb cut serving Lot 3 on East Lincoln Avenue shall be as close to the
West boundary of said lot as shall be practicable and consistent with its
orderly development.
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3. Owner agrees to install and pay for water and sewer lines
serving lots upon which valuable improvements are to be constructed prior
to or contemporaneously with the issuance of a building permit for said
lot or lots.
The City agrees to pay for the cost of extending a twelve -inch
water main to the boundary line of the property described upon Exhibit "A"
at such time as this service shall be required by the Owner. The City
agrees to contribute toward the cost of oversize water and sewer lines in
accordance with its established policy adopted by the City Council relating
to City participation in such oversize lines.
Owner 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, or
equivalent fire protection measures are approved by the City.
The installation of said water and sewer lines shall be inspected
by the Community Development Department of the City and shall be subject
to such Department's approval. Owner 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 Owner shall be liable for the cost of such additional work.
4. The City Light and Power Department shall install all
electric distribution lines and facilities required for the subject property,
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and the Owner 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.
S. The utility plan submitted by the Owner does not show storm
water drainage: facilities and the parties contemplate that the same will
be needed but must be designed as the various lots in the subdivision are
developed. It. is agreed, therefore, that no building permit will be issued
in connection with any lot until the Owner has submitted to the City
Engineer a proposed plan for storm drainage, received approval of such plan,
and by written agreement agreed to install the same at the cost of Owner.
6. The Owner agrees to construct street improvements on East
Lincoln Avenue in the manner and upon the schedule recited in the parties'
Memorandum of Agreement of June 6, 1974.
The cul-de-sac street known as Logan Court shown on Exhibit "B"
shall be constructed and installed with at least a hard, dust -free, gravel,
all-weather surface prior to the issuance of a building permit for the con-
struction of improvements upon any lot facing on said cul-de-sac. Before
any Certificate of Occupancy is issued for improvements on any lot facing
upon such cul-de-sac street, the same shall be improved from North Lemay
Avenue up to the lot in question with asphalt pavement, curb, gutter,
sidewalk and street lighting.
The Owner agrees to construct and install asphalt pavement, curb,
gutter, sidewalk and street lighting on its half of North Lemay Avenue and
East Cherry Street adjacent to those lots having direct access to those
streets contemporaneously with the construction of valuable improvements
thereon to be completed, inspected and accepted by the City prior to the
issuance of a Certificate of Occupancy therefor; provided, however, prior
to the issuance of a Certificate of Occupancy for the third lot facing upon
East Cherry Street upon which valuable improvements have been constructed,
all of the aforesaid street improvements for which the Owner is responsible
on East Cherry Street shall be completely installed, inspected and accepted
by the City of Fort Collins. Likewise, prior to the issuance of a Certifi-
cate of Occupancy for the third lot facing upon North Lemay Avenue upon
which valuable improvements have been constructed, all of the aforesaid
street improvements for which the Owner is responsible on North Lemay
Avenue shall be completely installed, inspected and accepted by the City
of Fort Collins.
7. Installation of landscaping adjacent to lots for which a
building permit has been issued shall be a condition precedent to the
issuance of a Certificate of Occupancy, and said landscaping shall be
installed in the manner provided under paragraph 6 of the parties' Memo-
randum of Agreement of June 6, 1974.
8. Performance of the foregoing covenants shall be the personal
obligation of the parties signatory hereto, and in default of performance,
the City shall have a lien upon the property described in Exhibit "A" to
indemnify the City for any cost or expense it may have in completing the
improvements upon the property in the manner aforesaid. The Owner agrees
to provide to the City evidence in writing from a national bank with principal
offices in Fort Collins, Colorado, that financial resources may be made
available to the Owner to perform its covenants contained in this Agreement.
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9. This Agreement shall be binding upon the parties hereto,
their representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be signed the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO
ATTEST: y
B
j �/� City Manager
City Clerk
APPRdAD: )
L9L ASSOCIATES
I
Estate of William.fl. Hansen, Deceased
-Personal�lepre�Sentative
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