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HomeMy WebLinkAboutGLENDAL - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-13SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made and entered into this 23rd day of January, 1978, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and GLENDA M. FREEMAN and ALBERT M. FREEMAN, hereinafter designated as the "Developers". WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows: A tract of land situate in the Southwest a of Section 2, Township 7 North, Range 69 West of the Sixth P.M., Fort Collins, Colorado, which, considering the South line of said southwest ', as bearing East and West and with all bearings contained herein relative thereto, is contained within the boundary lines which begig at a point which bears East 1312.20 feet and again N DO 02' E 246.11 feet from Ae Southwest corner of said Section 2 and run thence N 00 02' E 171.25 feet; thence S 89b58' E 912.26 faet; thence S 66°17' E b16.50 feet; thence S 00°02' W 124.45 feet; thence N 89 58' W 318.96 feet to the point of beginning, containing 1.1966 acres, more or less. WHEREAS, the Developer desires to develop said property as a commercial subdivision and has submitted to the City a subdivision plat, which plat is on file in the office of the City Planner 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 improve- ments primarily 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 submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of 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. It is understood and agreed upon by the parties hereto that that portion of Wood Street which is adjacent to the proposed development is not required at the present time to be improved. The Developer, however, understands and agrees that at such time as the City determines that further development in the area makes it necessary for that portion of Wood Street which is adjacent to the proposed development to be improved, the Developer,upon written notice from the City, shall fully install all improvements on said portion of Wood Street. 2. The Developer agrees that he shall fully install all required improvements within six (6) months after notice is given by the City requiring such installation. 3. The Developer further agrees to fully install all required improvements in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of streets. 4. This agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. 5. Nothing herein contained shall be construed as a waiver of any requirements of the City's subdivision ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. ATTEST -/� y Jerk RT COUINS, COLORADO City anager ; i enda M Freema Albert M. Freeman