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HomeMy WebLinkAboutLANDINGS REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2004-08-13SUBDIVISION AGREEMFTTD' THIS AGRFIE'd,4 NT is made and entered into this - _ day of ✓1 ( _ , A.D. 1979, by and between THE CITY OF FORT CDLISNS, COIOPADO, a municipal corporation, hereinafter sometimes designated as the "City", and -AP /zx+ ; i p's , 14 f_6" &W s., Ixc , CrNerr 1 arblor 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: 7Tlfe LRNDINI,sIp THIRD FILh0e) ) si/usfe i,f Sec�ioK 36� Towkship 7 Norfk j 12an� 4? +Jest of A S4/A C,"-y of Fart C'nll,ies. WHEREAS, Developer desires to develop said property as a re5 ent:a1 subdivision and has suhnitted 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 su:mitted 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 WitEIMS, the parties hereto have agreed that the development of said lands will regnire increased nRanicipal. services from the City in order to serve such area and will further require the installation of certain improvcments primarily of I) nefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the C-ity has approved the suYxlvi.sion plat (and site plan where applicahlc) suYsni_tted by t9ae Dweloper subject to certain requirements and e. All of said lines shall be i.nstallei at the sole expense of the Developer, f. The installation of said line shall be inspected by the Engineering Services Departxem� of the City and shall Ix subject to such deparUY:nIt's ap- proval. Developer agrees to correct any deficiencies in such installation in order to meet the reduirements of the plans and tlne specifications applicable to such installation. 3. Sanitary Sewer Collection Lilies. a. The Dovelotxr 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 sha11 be installed in full compliance with the standard specifications of Hie City on file in the office of. the City I'ngine�.r relating to the installation of c;uch lines. C. Developer unclerstxnds and agrees that no building perndt shall be issued by the City for any structure in the sulxlivision until the sanitary sewer line serving such structure is installcxl and accepter] by the City. d. Any sanitary sewer lines described on E nibit A, attached hereto shall be installed within the tine_ requiral on Sxhibi_t 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 Ix installed within the tip detemdnexl by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer, -3- f. Phe installation of said 1_-in<'s shall be inspected by the Engineering Services Department of the City and subject to such departna-nt's approval. Developer agrees to correct any deficiencies in such installation in order to meet the recpirements of the plans and the specifications applicable to such installation. 4. Electric 'Lines and Eacilitics. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject propx ty au -id the Develo}xxr 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 shaL1 Ix-, installer: in full compliance with the standard six cifi.cations of the City on file in the office of the City Engineer relating to the .installation of such lines. c. Developer agrees to corrhlete Uie installation of detention facili- ties prior to /' d. All of said lines and facilities shall be constructed in an orderly fashion, as deteiiruned 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 installccl at the sole expense of Developer, f. 11'he installation of all of such lines and facilities shall be in- spected by the Fhgineering Services Detwirtnk,nt of the City and shall be subject to such department's approval. Devel_oper 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, copplete with paving, curb, getter and sidewalks. b. Such streets shall he 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 lase required. llrrthermore, no building permit shall to issues] by the City for any structure located in excess of 660 feet from a single point of access. d. Iviy 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 C;,� f Y�>, f z`� f. Developer agrees to correct any deficiencies in such installation in order to [reset the require:rnnts of the plans and the specifications applicable to such installation. g. Street improvements shall. not he 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. 7. other: Requirenxnts. 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: -e' t r . City Clerk APPROVED: Di .' tby of Engineer ng Services i -- -� —-- 'rr� y Attorney i THE CITY OF PORT COLLINS, COLORADO Hy c 4? '\ , - City Manager OSPREY Developer Title Reid L. Rosenthal President, Osprey Homes, Inc. General Partner, Landings, Ltd. ATTEST: Sec tary ��— PXIIIIICT A 1. Schedule of water lines to be instalie-1 out of secTience. 2. Schedule of sanitary sewer lines to be installed out of sequence. 3. Schedule of street improvements to be installed out of sequence. FXHI13IT B The City shall pay that added cost of constructing Landings Drive as a collector rather than as a residential street. Unit prices for said street construction shall be determ nod and agreed upon prior to actual construction. EXHIBIT c Acceptance of sanitary sewer lines under Section 3c. of this agreement, shall not include the South Side Trunk Line, presently under design. In the event the Developer desires the use of the onsi.te sanitary sewer collection system prior to the completion of the South Side Trunk Line, Developer agrees to have a temporary holding tank engineered and constructed prior to any such use. Developer hereby agrees that if a temporary sanitary holding tank is installed, he will maintain said tank, insuring that sanitary conditions are maintained at all times. Said installation and maintenance of the holding tank shall be at the sole expense of the Developer. Developer agrees that the onsite sanitary sewer collection system shall tx:� constructed and connected no later than May 31, 1978, to said trunk line provided the same is completed by that date. If the same is not completed by that date, Developer agrees that he will hook-up to the same within sixty (60) days after the same is completed. conditions which invo' the installation of and const :tion of utilities and other municipal jimprovemements in connection with said lands. NOW, THERER-NRE, 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 crater 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 stricture is installed and accepted by the City. d. Any water lines described on Exhibit A, attached hereto shall be installed within the tore 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- e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Engineering Services 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 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. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the tirre required on Exhibit A. If the City Engineer determ-ines 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 tiny- determined by the City Engineer. e. All of said lines shall he installed at the sole expense of the Developer. -3- f. The inst. -ation of said lines shall be i. 2ected 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 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 complete the installation of detention facili- ties prior to 4he ISSLkZV%LC of wore. fkLn ITr bu;lri(ng trr✓K;fs rxd 9 cerIi_r;Q.JeS of Cxc'ALP LNey by Ike C'fit for zay sir&u&re W"Jh;A fits skbd;v;slocC. 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, Batter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of Developer. f. The installation of all of such lines and facilities shall 1r in- spec Led by the Engineering Services Department of the City and shall be 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. 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. 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 improvements shall not he installed until all utility lines to be placed in the streets have been completely installed and all services to -5- individual lots have I i installed from main utility - es 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 re[ents- 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. ATothing 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 Clerk APPROVED: -6- TIIE CI`i� OF,,FOIU COLLINS, COLOP DO �7 f ,city Manager J Developer 1'� 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. ppj zppIiz46c 3. Schedule of street improvements to be installed out of sequence. itb+ 2rpl;ca%1C- SUBDIVISION AGREM,74T THIS AGRPMENT is made and entered into this `% ?, day of i'.r , A.D. 1977, by and between THE' CITY OF PORT COLLINS, COLORADO, a municipal corporation, hereinafter son),-- ti-I nes designated as the "City", and hereinafter designated as the "Developer", WITNESSL'PI I : MIPREAS, Developer is the owner of certain property situate in the County of Larirer and State of Colorado and legally described as follows: SrCc.n%-Z-2 lw/n'0i r. c-i"'��ivc�. �f %f C�/.`�r'�"r�ic;✓l _=}'F"� ic.�c�i��i,�-, 7,�✓i i/i, sf WIEREAS, Developer desires to develop said property as a 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" Develoanent), a copy of which is on file in the Office of the City Engineer and by this reference nude a part hereof; and WHERIINS, 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 node a part hereof; and WEIEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from Uie City in order. Lo serve such area and will further require the installation of certain improvenents primarily of benefit to the lands to be developxxl and not to the City of Port Collins as a whole; and W EBEAS, the City has approved the subdivision plat (and site plan where applicable) subrit"ted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improveitient;s in connection with said lands. NOW, 7.I ''lUTORE, 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, stonn drainage fac IA ties, streets and other municipal facilities necessary to serve the lands within the subdivision. 2. Water Lines. a. Developer agrees to install +i11 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 Fngineer and -applicable provisions of the City Cade relating to the installation of such lines. c. Developer unclerstands and agrees that no building permit for any structure in the subdivision shall Leo issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Anv water lines descrilx-d on L:xhibit A, attached hereto shall be installer] within the tine required on K:lii_bit A. If the City Engineer determines that any lines shown on the utility plan:-, are recfiircd to provide seivice to other areas of the City, those lines shall be installed within the time determi_rtcrl by the City Engineer. SA