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Home My WebLink AboutPROSPECT TIMBERLINE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-29r r_ � � i • � i171�uI71bY THIS AGREFME2gT is made and entered into this f- Cf- day of -14 v'v v -4 A.D. 197t, by and between THE CITY OF FORT OOLI QIS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City," and JOE ROTHMEIER hereinafter designated as the "Developer", WITNESSEPH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: Prospect -Timberline Subdivision: Situate in the S.W. 1/4, Section 17, Township 7 North, Range 68 W, of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, Developer desires to develop said property as a conmiercial subdivision and has suianitted 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, 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 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) sukraitted 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, THERER)RE, 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 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 shown on the utility plans are required to provide service to other areas of the City, those lines shall he installed within the tie determined by the City Engineer- -2- Developer e. All of said lines shall be installed at the sole expense of the f. The installation of said line shall be inspected by the Public h*orks -Department. 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. 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 complianrx- 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 Bach 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 Ebchibit A. If the City Engineer determines that any lines shown in the utility Flans ara rPm " d t0 proaide service to otherareas of the City, those lines shall be installed within the tine 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 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 Pods 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. 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. d. All. of said facilities shall be installed at the sole expense of Developer. e. The: installation of all of such lines and facilities shall be inspected by the Engineering Services Depar+irke-rit of the City and shall be subject me 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. 6. Streets.. a. The Developer agrees to install all streets shown on the utility plans, cceplete with paving, curb, gutter and sidewalks. b. Such streets shall be installed in full cottpliance 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. Elr t he-rm'"e, 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 titre 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 CI Ly ah %xli i ''i �_i ��.-'fn In that portion of 'Timberline Road and Prospect Street wiLiCii excros uie it i �i iOiai street in accordance with City Code Article 16-20. f. 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. g. Street i,-provements 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 I ' -en installed from main utilit 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 Engineer as areas requiring such measures to insure the public safety. 7. other Req irements. a.. Curb, gutter and sidewalk along the north side of Prospect shall be completed at the Developer's expense from station'S40,61 to the Fast property line at such time as Prospect Street and the bridge over Spring Creek: are constructed. b. Curb, gutter and sidewalk along Prospect Street and along Timberline Will be done at the Developer's expense at such time as the proper alignment of this intersection can be accomplished but not to exceed 1 year from date of execution of this document. 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 or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. ATTEST: 1-eZ tAc, l -et C 6 -L City Clerk APPROVED: Dird t r of Public W rks. A.6. 4Cit orney / THE CITY OF FOFP COLLINS, COIORADO BY City Manager �i _.1 Developer Title EXHIBIT A 1. Schedule of water lines to be installed out of sequence. The Developer shall participate in the installation of the water main in Timberline Road north of prospect when such line is installed. (Prior to paving of Timberline Road north of Prospect Street.) 2. Schedule of sanitary sewer lines to be installed out of sequence. N/A 3. Schedule of street improvements to be installed out of sequence. See 7 (a) and 7 (b)