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HomeMy WebLinkAboutBRUCE E MILLER CEDARWOOD FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31rc3k-rci,-1; AGREE14ENT THIS AGREEIENT is made and entered into this a day of A411 A.D. 19Z_, by and 'between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Bruce E. Miller hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of Cedarwood Subdivision, Fifth Filing situate in the County of Larimer, State of Colorado, more particularly described on the Subdivision -plat on file in the City Engineer's Office and by this reference made a part hereof; and WHEREAS, Developer desires to develop said .property as a residential subdivision and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is on file in the City Planner's Office 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 City Engineer's Office 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's planning and zoning board has approved the master Plan submitted by the Developer subject to .certain requirements and conditions which involve the installation of and construction of utilities and otiier municipal 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. 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 tiie 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. 3. [dater 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 actuallly 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 shall not be required to loop the proposed 6-inch water main in Deerfield Drive to the existing water main in Clearview Avenlle until Flintridge Place is to be developed or the City deems the installation of said water main necessary. 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, the Developer e. All of said lines shall be installed at the sole expense of f. The installation of said lilies shall be inspected by the Engineering Services 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. 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 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. Developer. d. All of said lines shall be installed at the sole expense of the e. Tile 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. 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. Storm Sewer Lines and Facilities. a. The Developer shall construct a temporary storm water runoff detention pond on the northerly boundary of the Bruce E. Miller Cedarwood Subdivision Fourth and Fifth Filings. Said pond shall be designed and constructed to store the runoff from a 50-year storm at full development and release if at rate equal to the 2-year storm with no development. Said temporary pond sliall be sufficient to provide the necessary detention for the Bruce E. Miller Cedarwood Subdivision First, Second, Third, Fourth and Fifth Filings. b. All of said drainage facilities shall be installed at the sole expense of the Developer. C. The Developer is informed and agrees that a Certificate of Occupancy shall not be issued for any structure within the Bruce E. Miller Cedarwood Subdivision, Second Filing nor shall any Building Permits be issued for the construction of any structure within the. Fourth or Fifth Filings until the temporary storm runoff detention pond -has been constructed and accepted by the City. d. Tile installation of all of such facilities shall be inspected by the Engineering Services Department of the City and shall be subject to such department's approval. Developer agrees to correct ariy deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 7. 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 Engineer relating to the installation of such lines. 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. d. The installation of all streets 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. 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. e. Street Improvements shall not be installed until all utility lines to be placed in the street have been complete installed and all services to individual lots have been installed from main utility lines to the property line. 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.: By 61 k City Clerk City Manager APPROVED: Director of Eng X-"�/ City Atto rvices oe -" J 2iev _ r Developer Tizle