Loading...
HomeMy WebLinkAboutEXCELLART - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGREEMENT THIS AGREEMENT is made and entered into this day of A.D. 19- , by and between THE CITY OF FORT COLILINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and 'Gxcell-Art Advertising Corporation hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of. Larimer, State of Colorado, more particularly described on the subdivision plat on file in the office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a commercial ed to the City a master. plan showing a proposed subdivision subdivisot and has submitt layout for said lands, which master plan is on file in the office of the City P]_anner 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 office of the City Engineer 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 wili.ch 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 described on the subdivision pl at. 2. Sanitary Sewer Collection Lines. a. The City agrees that the 10-inch sanitary sewer main traversing said land in a north to south course may be abandoned,providing the Developer meets the following conditions: 1. The Developer shall reroute his sanitary sewer service at his own expense. The tap fee normally charged by the City shall be reduced to cover only labor and materials. This charge shall be $190 per tap. 2. The Developer shall provide a new manhole over the 10" main directly south of said lands. The main between the new manhole and the existing manhole directly north of said lands shall be abandoned and permanently plugged. b. 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. C. All of said sanitary sewer construction shall be installed at the sole expense of the Developer. d. The installation of said construction sliall 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. -2- 3. 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. 4. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities as required for the development of said lands. It is understood that such lines and facilities may not represent all of the Developer's obligations in this regard and additional requirements may be made by the. City at other stages of the development. C. Developer agrees to complete the installation of said lines and facilities in an orderly_ fashion during the process of development so as to prevent any damage to public facilities or adjacent properties. d. All of said facilities shall be installed at the sole expense of the Developer. e. The 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 any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. In the event such installation is 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. -3- 5. Streets a. The Developer agrees to install all street improvements for College Avenue, complete with asphalt paving, curb, gutter and sidewalks, at such time as the City may deem those improvements necessary and request the Developer to construct said improvements. b. The City shall pay for that added expense of .improving College Avenue as an arterial street rather than a residential street. c. 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 constructed when requested, the City shall have the right to cause such additional work to be done as it deems necessary to complete the construction 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. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City Clerk APPROVED: Directoir of lEngine-Zr Services Dept. City Attotbe THE CITY OF FORT COLLINS, COLORADO By \� City Manager Developer