HomeMy WebLinkAboutCAPITAL HILL ADDITION REPLAT BLOCK 315 - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGREEMENT
THIS AGREEMENT is made and entered into this 21st day of
April , A.D. 19 75 , by and between THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated
as the "City", and City of Fort Collins Housing Authority hereinafter
designated as the "Developer",
WITNESSETH:
WHEREAS, Developer is the owner of certain property situate
in the County of Larimer, State of Colorado, known as the Replat of a part of
Lots 3, 6, 13, 1'_4, 16 and all of Lots 4, 5, and 15, and also the vacated alley
in Block 315, and lying south of the Arthur Ditch, Capital Hill Addition, more
particularly described on the subdivision plat on file in the office of the
City Engineer and by this reference made a part hereof; and
WHEREAS, Developer desires to develop said property as a
residential subdivision; and
WHEREAS, Developer has submitted to the City a utility plan for
said lands 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.
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. The City hereby approves the master plan submitted by the
Developer, it being understood that such approval is approval only of the
general scheme and concept of development shown thereon and that the City may
impose additional requirements on final plats for any portion of said land
consistent with the general scheme of development shown on the master plan.
2. 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 described
on the Subdivision Plat, such lines, streets and facilities including, but
not limited to, those shown on the utility plan on file in the office of the
City Engineer.
3. 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 relating to the installation of such lines.
C. Developer agrees to complete the installation of said lines
no later than the following schedule:
Within one year of the day and year of the date first
hereinabove written.
d. Developer understands and agrees that no building permit
for any structure in the subdivision shall be issued by the City until the
fire hydrant serving such structure is installed and accepted by the City.
e. All of said lines shall be installed at the sole expense
of the Developer, except that the City will participate in the following:
Line City Participation
None
f. The installation of said lines shall be inspected by the
Community Development 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. In the event such installation is not completed
and approved within the time set forth above, the City shall have the right
to cause such additional work to be done as it deems necessary to complete the
installation in a satisfactory manner and the Developer shall be liable for
the costs of such additional work.
4. 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 agrees to complete the installation of said lines
no later than the following schedule:
Within one year of the day and year of the date first
hereinabove written.
d. 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.
e. All of said lines shall be installed at the sole expense
of the Developer, except that the City will participate in the following:
Line City Participation
None
f. The installation of said lines shall be inspected by
the Community Development 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. In the event such installation is not completed and
approved within the time set forth above, the City shall have the right to
cause such additional work to be done as it deems necessary to complete the
installation in a satisfactory manner and the Developer shall be liable for the
costs of such additional work.
5. 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.
6. Drainage Facilities.
a. The Developer shall install all drainage facilities shown
on the utility ;plans. It is understood that such facilities may not represent all
of the Developer's obligations in this regard and additional requirements may
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be made by the City at other stages of the development.
b. Such drainage 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 said
facilities no later than the following schedule:
The drainage pan on the north side of Sycamore across Park
Street shall be constructed during the early stage of development so as determined
by the City Engineer, to prevent damage to other utilities, streets, curb and
gutter, sidewalk:, and all adjacent properties.
d. All of said facilities shall be installed at the sole
expense of the Developer.
e. The installation of all drainage facilities shall be
inspected by the Community Development Department of the City and shall be
subject to such departments 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. In the event
such installation is not completed and approved within the time set forth above,
the City shall have the right to cause such additional work to be done as it
deems necessary to complete the installation in a satisfactory manner and the
Developer shall be liable for the cost of such additional work.
7. Streets.
a. The Developer agrees to install all streets shown on the
utility plans, complete with asphalt 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. Developer agrees to complete the installation of street
improvements no later than the following schedule.
Within one year of the day and year of the date first
hereinabove written.
d. No building permit for the construction of any structures
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.
e. The installation of all streets shall be inspected by
the Community Development 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. In the event the improvements are not completed
and approved within the time set forth above, the City shall have the right
to cause such additional work to be done as it deems necessary to complete
the installation in a satisfactory manner and the Developer shall be liable
for the cost of such additional work, including all normal charges made by the
City for financing, engineering, publication, legal and miscellaneous on City
Special Street Improvement Districts.
f. Street Improvements shall not be installed until all
utility lines to be placed in the street have been completely installed and
all services to individual lots have been installed from main utility lines
to the property line.
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This agreement shall be binding upon the parties hereto, their
heirs, personal representatives and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be signed the day and year first hereinabove written.
THE CITY OF FORT COLLINS, COLORADO
ATTEST:
City Clerk City Manager
APPROVED:
r7
t t 1
Director' of Community`
Development Department
Developer
Executive Director for the City of
Fort Collins Housing Authority