The URL can be used to link to this page

Home My WebLink AboutPARK PLACE AT THE LANDINGS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-15lz"lry k9�1i 17M THIS AGREEMIINT is made and entered into this (�t' day of A.D. 1979, by and between THE CITY OF FORT O0LLINS, COTARADO, a municipal corporation, hereinafter sometimes designated as the "City", and Landings Ltd.• Osprey Homes, Inc. General Partner hereinafter designated as the "Developer", WITNFSSEYH: WHEREAS, Developer is the owner of certain property situate in the County of Larirrer and State of Colorado and legally described as follows: PARK PLACE at The Landings P.U.D.; situate in the south half of. Section 36, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. AIHEREAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unlit 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, 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 re the installation of certain irrproveinants primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, 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, 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. 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 water distribution system. b. Such water lines shall be installed in full coupliance with the standard specifications of the City on file in the office of the City Engines and applicable p.ro VislVnJ of Uhl- City lI [1C 1C1G11111j lV Ule 111JtR11Q t1Vfl VL nui•.ft 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 try 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 shown on 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. -2- S e. All of baid lines shall be installed at. the sole expense of the Developer. f. The installation of said lire shall be inspccta? by the Public I%brks -Departient:"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 rreet 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 sarre 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 arA agrees that nc building perm t sha_1? 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. All- 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 Ybrks Department of the City and subject to such department's approval. Developer agrees fo 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 couplete the installation of detention facilities prior to the issuance of more than twenty-one (21) 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 e>Teise of Developer f. The installation of all of such lines and facilities shall be inspected by the Public Fbrks Department of the City and shall be subject IM-E S to such department's _pproval. Developer agrees to irrect 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, 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 improved 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 be 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 Troutman Parkway as a collector street rather than a local street. Repay- ment shall include that width in excess of 40 feet as well as that depth of base andsubbaveeloper aegis etod�rroecclany rcePficien�iesein �stuchainsg�1�e byls so test: in order to meet the requirerents of the plans and the specifications applicable to such installation. g. Street irrproverrents shall not be installed until 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. h. The Developer agrees to provide and install at his expense adeclxate barricades, warning signs, or other devices on the dead ends of struts to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public safety. 7. other R-2quirements. S. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be constn;ad as e a r of any requiremmnts in the City Subdivision r),,Ajnance 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 requirements of the same. ATTEST: V_4� City Clerk Director o Public P 1�k5-1 - i / City Attorney ME CITY OF FORT COUR;S, COLORADO By 1 11 ager J ve-oper �� EXHIBIT A 1. schedule 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 street inproverrents to be installed out of sequence. Not applicable