Loading...
HomeMy WebLinkAboutFOOTHILLS PARK RESUB - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-30AGREE W-r TUTS AGREEMENT is made and entered into this 170 day of , A.D. 19 77, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Court Square Investment Company hereinafter designated as the "Developer", WHEREAS, Developer is the owner of: EY)TFIILLS PARK RF.SUBDIVISION, situate in the SE; of the SW; of Section 26, T 7N, R 6 9 W of the 6th P.M., City of Fort Collins, 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 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 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 plat. 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 relating to the installation of such lines. c. Developer agrees to complete the installation of said lines no later than within three years of the day and year first hereinabove written. 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. e. All of said lines shall be installed at the sole expense of the Developer except that the City Water Utility shall pay the additional construction costs incurred by installing a 20-inch main on Horsetooth Road rather than a 12-inch main. Developer agrees to ask for alternative bids for a 12-inch main, and the lowest bid received shall serve as a basis for calculating the amount of costs to be borne by the City. f. The installation of said lines 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 cork to be done as it deems necessary to complete the -2- installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 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 conpliance 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 agrees to coMlete the installation of said lines no later than within three years of the day and year first herein above written. d. 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. e. All of said lines shall be installed at the sole expense of the Developer. 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. In the event such installation is not corpleted 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 costs of such additional work. -3- 4. Electric Lin` and Facilities. a. 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 cork in accordance with the established charges of the Light and Power Department. lights required for the developpent. Such installation shall include all street 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. 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. Developer agrees to complete the installation of stormwater deten- tion facilities prior to the City issuing building permits for more than 12 structures within the subdivision. d. Developer further agrees to control runoff during the process of development so as to assure that the health, safety, welfare, and property of the City and citizens is safeguarded and protected through the proper drainage of storm waters. e. All of said drainage facilities and control measures shall be at the sole expense of the Developer. f. The installation of all of such lines and 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 -4- 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. 6. 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. Developer agrees to complete the installation of street improvements no later than within three years of the day and year first herein above written. d. No building permit for the construction of any structure in the sub- division shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. e. All of said streets shall be installed at the expense of the Developer except that the City shall pay that added cost of improving Horsetooth Road as an arterial street rather than a residential street. f. Developer agrees to install a seven (7) foot wide bikeway along Horsetooth Road as shown on the utility plans. The City shall pay for that cost in excess of four (4) feet wide. g. 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 -5- m=er and the Developer shall be liable for the cost of such additional work, including all normal charges made by the City for financing, engineering, publi- cation, legal and miscellaneous on City Special Street Improvement Districts. h. Street Improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 7. Bridge. a. The Developer further agrees to install a bridge over the drainage ditch which traverses Colony Drive adjacent to the northerly boundary of the subdivision. b. Developer agrees to complete the installation of said bridge no later than within one year of the day and year which the City deems the bridge necessary and requests the Developer to install it. c. Said bridge shall be installed at the sole expense of the Developer. d. Installation of said bridge shall be subject to the inspection and approval of the City Engineer. In the event the bridge 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. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. 124 WITNESS MIERE)OF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: Z� Z_e�� CiTy Clerk THE CITY OF FORT COLLINS, COLORADO By `Jxs�=-�J City Manager ?vel-to—r�' Title