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HomeMy WebLinkAboutBROWN FARM FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISI91 AGRU'11FNT1' YAOktx 12.4 t 5 y t_ THIS AGREEM TP is made and entered into this .-Z - _._.._ day of A.D. 198, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Wheeler Realty Cgm!any hereinafter designated as the "Developer", WITNFSSIE'T H : VJ>:-IEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: BROWN FARM, FIFTH FILING, located in Section 21, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins. WIERE.AS, Developer desires 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 Develo[-Anent), a copy of which is on file :in the Office of the City Engineer and by this reference made a part hereof; and WEiEREAS, 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 WIIEREAS, the parties hereto have agreed that the development of sl-: lands will require increased municipal services from the City in order to serve such area argil 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 Wf1.IZ [LS, the City has approved the subdivision plat (and site plan where applic i. ) submitted by the Developer subject to certain requirements 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 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 lir.es 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 sewing 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 s1-iown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the tie 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 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 tip 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 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 Departlment shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such wnrk 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 the issuance by the City of more than 36 building permits or 18 certificates of occupancy for structures 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 in- spected by the Engineering Services 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 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, ccu plete 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 tim required on Exhibit A. If the City Engineer determines that any streets shown on the utility plays 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 that the City shall pay that additional cost to install Stuart Street as a collector rather than as a local residential street. 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 _hall 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 been installed from m in.utility i .yes to the property line. h. The Developer agrees to provide and install at his expense adequate barricades, .,rdrn-Lng 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. 8. miscellaneous. a. This agreeir:--_nt shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Noshing herein contained shall be construed as a waiver of any require-reuts in the City Subdivision Ordinance or any other provision of the City Code and to Developer agreos to co -,ply with all requirements of the same. THE CI-T QF FORT COLLINS, COLORADO By Ci y Manager A TEST: Ci. _ Clark APPROVED: D_irE cto Eng�_neerin7 ices Yl i i� i -6- -1 i 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. Stuart Street: west of the west lot line of Lot 1, Block 4 and east of the west boundary of Stuart Street indicated on the plat of Brown Farm, 5th Filing, consisting of a section approximately 310 feet in length, shall be improved as follows: (1) the gravel road base within this section shall be installed at the time the road base on the rest of Stuart St. within Brown Farm, 5th Filing is installed; (2) the paving and concrete improvements within this section shall be installed within the time required by the City Engineer after a determination is made by the City Engineer that such improvements are necessary to serve other areas of the City; and (3) all street improvements within this section shall be installed prior to July 1, 1980.