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HomeMy WebLinkAboutCASE - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION IMPROVEMENT AGRE, "T THIS AGREEMENT is made and entered into this day of Februr r, 1978, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and KAY CASE and GREGORY S. CASE, hereinafter designated as the "Developers". WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows: CASE SUBDIVISION, situate in the S.W. 1/4 of Section 16, T.7N, R.69W. of the Sixth P.M., City of Fort Collins. WHEREAS, the Developer desires to develop said property as a residential sub- division and has submitted to the City a subdivision plat, which plat is on file in the office of the City Planner and by this reference made 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 improvement 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 submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of 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 acknow- ledged by the parties hereto, it is agreed as follows: 1. It is understood and agreed upon by the parties hereto that that portion of Prospect Street which is adjacent to the proposed development is not required at the present time to be improved. The Developer, however, understands and agrees that at such time as the City determines that further development in the area makes it necessary 6Yt4r e• ' C '/ for that portion of Prospect Street which is adjacent to -he proposed development to be improved, the Developer, upon written notice from the City, shall fully install all improvements on said portion of Prospect Street. 2. The Developer agrees to participate in the construction of the Overland - Prospect sanitary sewer line based on the frontage of the properties benefitted according to the schedule established by the City Water and Sewer Department. 3. Upon written request of the City, the Developer agrees to install a 12 inch water main along the approximately 160 feet of that portion of the property which abuts Prospect Street, said main to be installed as indicated on the utility plans for this subdivision or, in the alternative, to share a proportionate cost of in- corporating the district water line located along Prospect Street (from which this subdivision will initially be served) into the City water service system. 4. If the Developer is requested by the City to install said 12 inch water main, the City shall reimburse the Developer for the difference in cost between the installation of a 6 inch and a 12 inch water main. 5. The Developer agrees that he shall fully install all required improvements within six (6) months after notice is given by the City requiring such installation. 6. The Developer further agrees to fully install all required improvements 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 improvements. 7. This agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. 8. Nothing herein contained shall be construed as a waiver of any requirements of the City's subdivision ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. -2- CITY OF FORT COLLINS, COLORADO eager ATTEST: City Clerk C"J; Dirk or of Engi neE,ri g Services "SeveI op Attorney /�— Developer -3-