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HomeMy WebLinkAboutUNIVERSITY SQUARE - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-09AGREEMENT THIS AGREEMENT is made and entered into this ;2 d, day of A.D. 1978, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Poudre Valley Construction, Inc. hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: UNIVERSITY SQUARE SUBDIVISION being a part of Lots 1, 2, 3, 4, & 5, Block 1 of the Replat of Block 1 of L. C. Moore's First Addition, and all of Block 2 of the Replat of G. F. Wiard's Addition to the City of Fort Collins. WHEREAS, Developer desires to develop said property as a commercial subdi- vision and has submitted to the City a subdivision plat (and a site plan if 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) 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 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 shall not be required to extend the six-inch water main from Lake Street for the office building addressed as 1311 South College Avenue provided there is an existing service line available to serve said building. At such time an additional building is in need of service on said lands Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements and as shown on said plans prior to the City issuing a building permit for the construction of such additional building. d. All of said line shall be installed at the sole expense of the Developer. e. The installation of said line shall be inspected by the Engineering Services Department of the City and shall be subject to such department's approval. -2- 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 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. The City agrees that the existing six-inch sanitary sewer main located on said lands, may be used as a temporary service line for the office building to be addressed as 1311 South College Avenue. Developer agrees to install an eight -inch sanitary sewer main, as shown on the utility plans, when service is necessary for additional proposed buildings on the site. e. Developer agrees that while the existing six-inch sanitary sewer main is in use for 1311 South College Avenue, he shall assume all maintenance responsibilities to keep the system functioning satisfactorily at all times. f. All of said lines shall be installed at the sole expense of the Developer. g. 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. -3- 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 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 agrees to construct a temporary on -site retention pond for the control of stormwater generated from the proposed office building at 1311 South College Avenue. Said pond shall have a storage volume of 48,000 cubic feet to a high water elevation of 4995.0 feet. The temporary retention pond shall be completed prior to occupancy of the office building. d. Developer shall maintain the temporary retention pond to insure that it functions satisfactorily at all times. e. The storm sewer outfall system, as shown on the utility plans, shall be completed by the Developer and accepted by the City prior to the City issuing any building permits for the property other than a building permit for the office building at 1311 South College Avenue. f. All of said facilities shall be installed at the sole expense of Developer. g. The installation of all of such lines and facilities shall be inspected by the Engineering Services Department of the City and shall be sub- ject 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, 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 and in accordance with the utility plans as approved by the City Engineer. c. Developer agrees to complete the improvements for the deceleration lane on South College Avenue prior to occupancy of the office building proposed at 1311 South College Avenue. d. All of said streets shall be installed at the sole expense of the Developer except that the City shall pay that added cost of improving South College Avenue as an arterial rather than a residential street. e. 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. f. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 7. Other Requirements. Developer agrees to install a traffic signal at the intersection of Lake Street and College Avenue in accordance with plans approved by the Colorado State Highway Department. Said signal shall be installed at the full expense of the Developer. Developer shall install said signal within sixty days following the City obtaining approval to do so from the Colorado Highway Department. In the event Developer has constructed all structures to be constructed on said lands, and desires occupancy of the final structure, said occupancy shall not be granted by the City until a bond for 100311 of the signal installation cost has been provided to the City. -5- 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: City Cler APPROVED: M THE CITY OF FORT COLLINS, COLORADO Developer Title