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HomeMy WebLinkAboutL C MOORES SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-09-16DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 28rL day of MAl2L/i , 1983, by and between the City of Fort Collins, Colorado, a Municipal Corporation, hereinafter referred to as "the City", and Douglas D. Andersen and Vicky L. Andersen, owners, hereinafter referred to as "the Developer"; WITNESSETH: WHEREAS, the Developer of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Andersen Group Home, being Lots 17 and 18 of L.C. Moore's Second Subdivision, situate in the Southwest 1/4 of Section 13, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to make substantial modifications in the use which the above -referenced property is submitted without actually making any changes in the improvements in the property or developing the same; and WHEREAS, the Developer has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the office of the City Engineer and made a part hereof by reference; and WHEREAS, the City has approved the subdivision plat and/or site plan submitted by Developer subject to certain requirements and conditions as hereinafter set forth; NOW, THEREFORE, in consideration of the premises and terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. Because it is not appropriate in this case, no utility plan has been filed nor is the same required for the change which the Developer desires to make in the premises. B. No alterations in the building are anticipated at the present time and therefore no building permit is required nor has the Developer requested the same. C. There shall be no change in the use of the premises so no modification of water lines, sanitary sewer lines, storm drainage lines and/or streets shall be required. D. Except as set forth in paragraph 2 hereof, no street improvements or sidewalk improvements nor alley improvements shall be required by the Developer. 2. Special Conditions. The Developer agrees to participate in any future alley improvement district which is formed which affects his property and to upgrade the sidewalk adjacent to his property to City standards. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engineer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. B. The Developer shall, at all times, keep the public right-of-way free from accumulation of waste material or rubbish caused by his operation, shall remove such rubbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive accumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at his expense and he shall be responsible for prompt payment of all such costs. C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for eathworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such building permits and certificates of occupancy as it deems necessary to insure performance hereof. F. This agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. G. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: —Lo'n� Cit Manager ATTEST: 4" City Clerk APPROVED Director of Publi Works WY 4s�d, City Attorney \ ... OWNERS: Douq ID. Andersen Vicky IA- Andersen