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Home My WebLink AboutCENTERPOINT SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AGR=4EW o-r 4 `I`FIIS ACRE-r-:rtilr2�,T is rude and entered into this day of A.D. 197 9, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometim°s designated as the "City", and T,iardick C orr4Dan_ y hereinafter designated as the "Developer", WITNESSEI'H : WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: Centerpoint, 2nd Filing, situate in the North z of the Northwest 4 of Section 20, Township 7 North, Range 68 West of the 6th P.M. Larimer County, Colorado. mliEREAS, Developear desires to develop said property as a Commercial subdivision and has suhni.tte(a to the City a sir}x?.ivision plat (and a site plan of 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 WfiERFAS, Developer has further sulxii.tted 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 WIE-RFAS, the pasties hereto have agreed that the development of said lands will require increased rri1nicipal services from the City in order to serve such will f _Yt'^ r x a;�_e th ins �llatinn cf certainn i_Tr Tren`s pri aY;_ly 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 where applicable) submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and o� �_ 1%LLI.IC1pal iMpr7VP1T'.E'_Ilts in core' ectlon with said 1aTiCi NOW, THER MPE, 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 Ii,Lnes - 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 provisions of the City Code relating to the installation of such lines. c. Developer understands and agrees that no building permit for any stnicture 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, i�Tater lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines tbat-. �_+.ny Lines f-;how-n on the utility plans are r -- i.red to provide service to other areas of the City, those lines shall be installed within the tin-- dete_rauned by the City Engineer. -2- - - _ _ •-7i l Y_r j r. t_ • `(`i1 �7 Vl`t.�!'1 'v n s t �:-.� l Ui dim. �.--.`lc i ��lctiJ_ L' _. l_, r21�ct1 cl� 1 S he Developer f. The installation of said line shall be inspected by the Public Works 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 comliance 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 suda structure is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the tuna 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 erithin the tin,e determined by the City Engineer. e.sad 1; t � Ls'�a11 ; =e - �s al_led at the sole ex nse of t a Developer -3- 1 to . i.'..'tl C� r < i [�. ,'rl � t : approval. 1 ' �r z gre,' s to correct D iy d N is :i LF 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 coapliance 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 time required on Exhibit A. If the City Engineer determines that any streets sho,,-7 i 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 f. Developer agrees to correct any deficiencies in such installation 111 U1Cl.r to 7 E''t et�t11.i; ::- 1 .5 O` We 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 be( installed from main utility IP s to the property h. The D)oveloper 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. None 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 requirements in the City Subdivision Ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the sa,cie. A ST: n We THE CITY OF FORT CO=S, COLORADO City Manager J F,.XFTBIT A 1. Schedule of water lines to be installed out of sequence. N/A 2. Schedule of sanitary sewer lines to be installed out of sequence. N/A 3. Schedule of street improvements to be installed out of sequence. N/A AtEMORIINI)UM TO: Tnterdopal tm nLai Planning, Committee: Roy Bingman, Tom Carton, Tom Mayes, Don Ilisam, Lloyd McLaughlin, Gary Perman , Joe Rice, John S K John FROM: Paul Deibel DATE: 7 January 1976 RE: Conceptual Review of Centerpoint Subdivision Please review the attached preliminary layout for Centurpo W Subdivision, and return any comments in me its soon as possible. The plan is not being submitted for official_ review by the Planning and Toning, Board yet, but the developer is interested in having, any input from staff concur_ning possible prohlems with the plan and particularly the street layout. The area along Prospect is zoned H-B and 1-P, and the rest of tic site is i-L, and i_-G. PD/ j a cc: Les Kaplan