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HomeMy WebLinkAboutPARKWOOD EAST - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-16SUBDIVISION AGREE[= THIS AGREET—lT is made and entered into this 23rd day of March , A.D. 1979, by and between THE CITY OF FORT CO13LINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and KEM Homes, Inc,. and Lake Sherwood Venture, a Joint Venture hereinafter designated as the "Developer", WITNESSM: 1'di3F.RFAS, Developer is the owner of certain property situate in the County of Iarimer and State of Colorado and legally described as follows: PARKWOOD EAST, situate in the Southeast 1/4 of Section 19, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. 14`T-RF<As, Developer desires to develop said property as a residential subdivision and has submitted to the City a subdivision plat (aril 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 UIERFA.S, 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 w3F:RRAS, the parties hereto have agreed that the develoixnent of said lands will retiyiire increased municipal services from the City in order to serve such area an3 will further require the installation of certain improvements primarily of b>rnefit to the lands to be developed and not to the City of Fort Collins as a whole; and Ydf—'RF ,S, the City has approved the subdivision plat (and site plan where applicable) subnitted by the Developer subject to certain recTri.renents and 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 Public INIorks Departm nt 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 ire_et the requirem:nts of the plans and the specifications applicable to such installation. 3. Sanitary Sewer Collection I,ines. 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 stricture 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 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. 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 Public Warks 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 requirefents of the plans and the specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Department small 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 insta- lation 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 facilities prior to the issuance by the City of more than 48 building permits or more than 24 certificates of occupancy for structures located within this subdivision. 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. 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 be insfr_cted by the Public lOrks Department of the City and shall be subject -4- to such department's approval. Developer agrees to correct any deficiencies in such installation in order to reset the requirem nts 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 buil.ding permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the strictures is improved with at least the gravel base required. Finthermnre, 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 co;rpletely 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, except the City shall pay those additional costs of installing Drake Road as an arterial rather than as a 40' wide residential street, including the cost of installing a 7' bikeway rather than a 4' sidewalk. f. Developer agrees to correct any deficiencies in such installation in order to rrr_et the requirements of the plans and the specifications 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 -5- individual lots have en installed from main utilit} Ines to the property line. h. The Developer agrees to provide and install at his expense adequate Yxirricades, 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. Developer understands that some of the street widths shown on the utility plans are less than those presently required by the City of Fort Collins. The City is in the process of re-evaluating street width standards and may recommend reducing the width requirements. However, the Developer agrees that in the event that the City has not re- vised the street width standards at the time the streets are to be install the Developer will submit a new design for these substandard streets which complies with City requirements at that time, and that following the appro al of the City Engineer, the streets shall be installed in full compliance with the revised design. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their h0irs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any require:nrnts 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. Ai`Ir,ST: City Clerk APPROVED: Director tSPublic Work r. -7 /s(,c City attorney ---- THE CITY OF FDIC COLLINS, COLORADO By ity Manage t KEM HOMES, INC. and LAKE SHERWOOD VENTURE, a joint Venture `�— Title -Developer Gerald R. Haxton Vice President MIIBIT A 1. SchcAule 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. The Developer agrees to complete the installation of improvements on Drake Road as shown on the utility plans for this subdivision prior to January 1, 1981. conditions which involve the installation of and con5cruction of utilities and other municipal improvements in connection with said lands. NU[q, gTlE,RITCRE, 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 Dovel.oper 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 p-ovisions 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 shu.wn on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the ti.-re 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 Public works Departmcnt 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 net 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 shoAm 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 issuad 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 time required on Exhibit A. If the City Engineer dete mines that any lines shaan 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. 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 Public lx-)rks 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 Deoartrrent shall install all electric distribution lines and facilities required for the subject pro_erty and the Developer shall pay for such work in accordance with the established charges of the Light and Power Department. Such insta- lation 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 coaplete the installation of detention facilities prior to the issuance by the City of more than 48 building permits or more than 24 certificates of occupancy for structures located within this subdivision. d. 1\11 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. 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 be insirctcd by the Public 14orks Departrrent 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 inproved 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 fast from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be coxpletely 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 he installed at the sole expense of the Developer, except the City shall pay those additional costs of installing Drake Road as an arterial rather than as a 40' wide residential street, including the cost of installing a 7' bikeway rather than a 4' sidewalk. f. Developer agrees to correct any deficiencies in such installation in order to inset the requirements of the plans and the specifications applicable to such installation. g. Street improve -rents shall not be installed until all utility lines to 1> placed in the streets have been completely installed and all services to -5- individual lots hav Zen installed from main utili 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. Developer understands that some of the street s widthshown on the utility plans are less than those presently required by the City of Fort Collins. The City is in the process of re-evaluating street width standards and may recommend reducing the width requirements. however, the Developer agrees that in the event that the City has not re- vised the street width standards at the time the streets are to be install the Developer will submit a new design for these substandard streets which complies with City requirements at that time, and that following the apprc al of the City Engineer, the streets shall be installed in full compliance with the revised design. 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 require -Tents 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: Jerk APPROVED: Dir brl of 'Pc ubli City Attorney Ass� T11 Ty OF FORD COId,SNS, COLORADO ` City Manager KEM HOMES, INC. and LAKE SHERWOOD VENTURE, a Joint Venture Developer -Title Gerald R axton Vice President 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. The Developer agrees to complete the installation of improvements on Drake Road as shown on the utility plans for this subdivision prior to January 1, 1981. SUBDIVISION AGREFMEEINT `HIS AGREE2ATT is made and entered into this 23rd day of A.D. 1979, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and KEM Homes, Inc. and Lake Sherwood Venture, a Joint ___Venture hereinafter designates) as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Lariv er and State of Colorado and legally descried as follows: PARKWOOD EAST, situate in the Southeast 1/4 of Section 19, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WH REAS, Developer desires to develop said property as a residential subdivision 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 i'Jhere applicable) sulmittedd by the Dsvelo-per subject to certain requirennts and conditions which invc,�ve the installation of and cons, action of utilities and other municipal improvements in connection with said lands. Nova, rMFREMRE, 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. D,2veloper 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 tine 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-