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HomeMy WebLinkAboutVICTORIA LAKES PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-09SU&DIVISION AGREEMENT THIS AGREEMENT, made and entered into this 31/'4t day of , A.D. 197g, by and between THE CITY OF FORT COLLINS, COLORADO, a Mu- nicipal corporation, hereinafter referred to as "the City," and PROSPECT II CORP., a Colorado corporation, hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Victoria Lakes, a planned unit development, located in the northeast one -quarter of Section 22, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desire to develop said property as a residential subdivision and has submitted 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 made a part hereof by reference; and WHEREAS, the Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the of- fice of the City Engineer and made a part hereof by reference; 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 reauire the in- stallation 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 require- ments 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 acknowledged by the parties hereto, it is agreed as follows: 1. Exceptas otherwise herein specifically agreed, the Developer aqrees 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. The 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 instal- lation of such lines. c. The 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 -2- to provide service to other areas of the city, those lines shall be in- stalled within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer except that the City shall repay the Developer for one-half (112) the costs of installing the twelve inch (12") diameter main when and as lots along the north side of Prospect tie onto the main. f. The installation of said line shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions 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 com- pliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. The 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 sewer line 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. -3- e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said lines shall be inspected by the Public Works Department of the City and subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Depart- ment 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 develop- ment. 5. Storm Sewer Lines and Facilities. a. The Developer agrees to install all storm sewer lines and facilities as 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. The Developer agrees to complete the installation of detention facilities prior to the issuance of more than forty-four (44) 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. M e. All of said facilities shall be installed at the sole expense of the Developer. f. The installation of all such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any defi- ciencies 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 sidwalks. 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 re- quired. Furthermore, no building permit shall be issued by the City for any structure located in excess of six hundred sixty (660) feet from a single point of access. d. Any streets described on Exhibit "A," attached hereto, shall be installed within the time required on Exhibit "A." If the City Engineer determines that any streets shown in the utility plans are required to provide access to other areas of the city, those streets shall be installed within the time determined 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 construct- ing Prospect Street as an arterial street rather than a local street. -5- Repayments shall consist of asphalt paving and four inch (411) base in excess of twenty (20) foot width and base and subbase in excess of four inch (4") depth. In addition, the City shall repay for sidewalk-bikepath in excess of four feet (4') width. f. The Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the speci- fications applicable to such installation. g. 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. 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 Requirements. None. 8. Miscellaneous. a. The Developer shall provide the City Engineer with certified record utility drawing transparencies upon satisfactory completion of utility construction for his use in making record prints for the City's files. b. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. c. 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 re- quirements of the same. ATTEST: ��,:CA City Clerk APPROVED: Dir'e'ctor of Public Works //Ss, T City AttornE ly - ATTEST: Ra ph Braden, J Ass't Secretary THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation City Manager z 1 r `- "Developer" PROSPECT II CORP., a Colorado Corporation By: Y/enneth R. Nuss, President -7- 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 improvements to be installed out of sequence. Not applicable