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Home My WebLink AboutCOLLINDALE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AGP== THIS AGRMIENT is made and entered into this _day of A.D. 1977, by and between THE CITY OF FORT COLLINS, Cow,,'ADO, a municipal corporation, hereinafter sometimes designated as the "City", and Bartran Homes, Incorporated hereinafter designated as the "Developer", WITNESSETH: WfEREAS, Developer is the owner of certain property situate in the County of Larimn-r and State of Colorado and legally described as follows: COLLINDALE, FIRST FILING, situate in the southwest 1/4 of Section 30, T 7 N, R 6 8 W of the Sixth P.M., City of Fort Collins. WHEREAS, 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 Development), a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and UTERia,AS, 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 MEREAS, 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 W1FREAS, 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 constru.;tion of utilities and other municipal improvements in connection with said lands. NOW, TIIE=DRE, 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 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 structure 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 wator lines described on Exhibit A, attached hereto shall be installed within the tin,- required on Exhibit A. If the City Engineer determines that any lines shown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the tL-ry deter=, ed by the City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer, except that the City Utility shall pay that additional cost incurred from installation of the 20-inch water main rather than a 12-inch main on Horse - tooth Road as shown on the utility plan. 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 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. 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 time 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 Department shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such vork 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, and said facilities shall be installed at the sole expense of the Developer. 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. The Developer understands that the City shall not issue more than thirty-six (36) building permits and. eighteen (18) certificates of occupancy for any structures in this subdivision prior to the completion and acceptance of all on -site and off -site detention facilities used by this subdivision. Additional permits shall be issued only when all necessary permanent detention facilities are accepted by the City, or when the Developer has constructed adequate temporary detention facilities and said construction has been accepted by the City Engineer. 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. The installation of all of such lines and facilities shall be aM 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. 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 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 time required on Exhibit A. If the City Engineer determines that any streets shown 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, except that the City shall pay that additional cost to improve Horsetooth Road as an arterial rather than as a 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 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 been installed from main utility lines to the property line. h. The Developer agrees to provide and install at his expense, adequate barricades, warning signs, or other devices at the following places: 1) dead ends of streets that are planned to be continued at a future date; 2) unfinished crossings; and 3) other sites designated b: the City Engineer as areas requiring such measures to insure she public safety. 7. Other Requirements. 8. Miscellaneous. a. This agreement shall be bin.c'ing 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 cor-ply with all requirements of the same. ATTEST: City Clerk APPROV DireCtoi of -Engineering 5 rvices� w ��rJ ty A uer ney T ES,IZ4 OF/-fORT COLLJNS, COLORADO By ger -P . _U_. nVel oper Ti tl e Ma►:g:i1:lY7i\ 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 iirprovements to be installed out of sequence. N.A. James H. Sty. , art and Associates, Inc. Consulting Engineers LEGAL DESCRIPTION OF COLLINDALE. PLANNED UNIT DEVELOPYMT A tract of land situate in the South 1/2 of the South 1/2 of Section 30, Township 7 North, Range 68 West of the Sixth P.M., Larimer County, Colorado, which, considering the South line of said Section 30 as bearing N 89' 38' W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Southwest corner of said Section 30 and run thence along the West line of the Southwest 1/4 of said Section 30, N 00' 09' 30" E 1122.00 feet to the southerly line of the Military Reservation; thence along said southerly Tine of the Military Reservation, S 89° 39' 19" E 2541.71 feet to the Southwest corner of Lot 7 of said Section 30; thence N 00' 18' 25" E 6.00 feet; thence S 89' 44' 29" E 1450.00 feet to the westerly line of the Union Pacific Railroad right- of-way; thence along said westerly line, S 000 27' 13" W 1131.71 feet to the South line of said Section 30; thence along said south line, N 89' 38' W 3985.90 feet to the point of beginning, containing 103.0470 acres, more or less, and being subject to a right-of-way for Lemay Avenue over the westerly 30.00 feet and a right-of-way for Horsetoroth Road over the southerly 30.00 feet thereof. OFFICE-214 NORT11 110WES 0 Y.O. BOY 429 0 FORT (*OLLINS, COLORAI)0 8(1i22 0 TFLF:YHONE AREA 303! 4�2-93,i1