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HomeMy WebLinkAboutALVIN L MILLER FOOTHILLS FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGREEMENT THIS AGREEMENT is made and entered into this 19th day of A.D. 19 74 , by and between `1'Hti CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Bruce E. miller hereinafter designated as the "Developer", WITNESSETH: 111I1RFAS, Developer is the owner of certain property situate in the County of Larimer, State of Colorado, more particularly described as Alvin L. Miller Foothills Subdivision, Fifth Filing; and WHEREAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a utility plan for said lands and has received approval for said utility plan by the City Engineer upon signing this agreement; 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 acknowledge by the parties hereto, it is agreed as follows: 1. 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, such lines, streets and facilities including, but not limited to, those shown on the utility plan. 2. Water Lines. The installation of said line 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 six months of the day and month first hereina.bove written, 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. 3. Sanitary Sewer Collection Lines. The installation of said line 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 spec:ificiations applicable to such installation. In the event such installation is not completed and approved within six months of the day and month first hereinabove written, 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 eveloper shall be liable for the costs of such additional work. -2- 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 Departmeet. Such installation shall include all street lights required for the development. S. Storm Sewer Lines and Facilities. The Developer understands that such lines and facilities may be required by the City at other stages of the development. 6. Streets. a. The Developer agrees to install all streets shown on the utility plan, 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 Iingineer relating to the installation of such lines. C. Developer agrees to complete the installation of street improvements within six months of the day and year first hereinabove written. d.. No building permit for the construction of any structure in the subdivis cm 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 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 -3- additional work to he 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 District. f. Street Improvements shall not be installed until all untili.ty lines to he 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. g. In connection with the improvements to be made to streets, the Developer shall install and pay for any bridges over existing ditches or drainage channels. Such bridges shall be installed in accordance with the same schedule as provided above for the particular street involved. The detailed plans, specifications and profiles to be submitted by the Developer shall include the plans, specifications and profiles for any such required bridges. 8. Other Requirements. The Developer further agrees to install a traffic barricade for safetv reasons at the west end of Clearview Avenue as shown for said lands. Said barricade is to be provided and installed at the developer's expense and shall meet specifications as set by the City Traffic Engineer. 9. Performance and Payment Bond. To insure Developer's performance under this agreement, Developer has provided the City a satisfactory surety bond in the amount of none required conditioned on Developer's full_ performance of its obligations hereunder and payment by the Developer of the cost of installing all improvement required to he paid for by the Developer. -4- This agreement shall be binding upon the parties hereto, their heirs, personal representatives and. assigns. IN WITNESS W111"REOF, the parties hereto have caused this agreement to be signed the day- and year first hereinabove written. ATTf:ST : APPROVED: Di rector. bf C-ormni in i �y — Development� pad. iti,n (;ity Attorney �� THE CITY OF FORT COLLINS, COLORADO By City Manager -5- Developer