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Home My WebLink AboutGOLDEN MEADOWS SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-14SUBDIVISION AGREEMENT THIS AGRM4FTIT is rude and entered into this 2_0 +e- day of �.Q , A.D. 1978, by and between THE CITY OF FORT COLLINS, COLORam, a municipal corporation, hereinafter sometimes designated as the "city", and medera Homes, Inc. hereinafter designated as the "Developer", WITNESSLTH: WHEREAS, Developer is the owner of certain property situate in the County of I.arimer and State of Colora o and legally described as follows: Golden Meadows Subdivision, i94!- filing, a tract of land located in the South one-half of Section 31, Township 7 North, Range 68 West, and the South one-half of Section 36, Township 7 North Range 69 West of the 6th Principal Meridian. WHEREAS, Developer desires to develop said property as a subdivision and has suiznitted to the City a subdivision plat (and a site plan of said property is to be developed as a Planned Unit Developrent), a copy of which is on file in the Office of the City Engineer 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 miEREAS, the parties hereto have agreed that the developtrent of said lands will require increased municipal services from the City in order to serve sucii ELr_a ird will furth�c regnire tine installation of cc-,rtaiii w Yz''-v of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and Wfff,;REAS, 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 construction of utilities and otil�r municipal i;nprovuients in con:iection with said lands. Naq, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is ac'rn<rsls ciged by tI:e arties hire o, it. is a_{re-rl a ps follows: 1. Except as otherwise herein specifically agrey?, 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 wags 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 ocnnecting the subject property to the existing City water distribution system. b. such ::mot l __� shy'_ be insta led in full compliance with the standard ;specifications of the City on file in the office of the City Engineer and applic.-able provisions of the Cit1, ride relating +n the installati.nn 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 wal—' l ne and the fire hydrant serving such structure is installed ar3 accepted by the City. d. Pay water lines described on Exhibit A, attached hereto shall be installed within the time requir--d on Exhibit A. I£ the City Engineer dete_rm?res �n1� lroot c_hrgan nn tht ntlllty plans are reuoired tC PrOvid- Heir- t that _ other areas of the City, those lines shall be installed within the time determined by the City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer except that the City shall repay the developer for his prorate share of the costs involved in oversizing the main in LeMay Avenue from 12" Diameter to 20" Diameter. S. The o-` sa. 1 line shall ithe [Forks Departmentof the City and shall be subject to such depantment's ap- proval. 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 corplia-!ce 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 V. installed withir, the biro requirad on ,ib it H- if the City F nine r determines that any lines shown in the utility plans are rewired to provide service to other areas of the City, those lines shall be installed within t`e time determined by the City Engineer. e. All of said lines shall he insta Uva at the sole enjunse ref c =, Developer -3- f. 11he installation o` stid lutes sh-tll be by th Pk )tic Works 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 work in accordance with the established charges of the Light and Power Department. Such insta- lation shall include all street lights required for the development. 5. Storm Seer 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 he 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. No Building Permits in excess of fifty-five (55) will be issued until detention facilities (being developed off -site) to receive drainage from this subdivision are accepted by the City. C. 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. D. All of sAd facilitics shall h^ of Developer E. The installation of all of such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject me to such departure s approval. Developer agrees correct any deficiencies in such i at-+L! t icn i c r er to rnaet r' e r tu, -' nt nF i} a plans % nd th r 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 stru::tures is improved with at least the gravel lose 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 exp?nse of the Developer, except that the City shall repay the developer for constructing lemay Avenue as an arterial street rather than as a residential street in accordance with City of Fort Collins code 99-6F(1) and except that the City shall repay the developer for constructing Wheaton Drive as a collector street rather than a residential strr=-t in accordance �;ri th City of Fort Collins Code 99-6F(2). 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 een installed from main utilit tines to the pro p_rty As' r 1. j n-t_ h. The Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public safety. 7. Other Requirements. a. City will not allow the installation of Sanitary Sewer lines within this Subdivision until satisfactory aggangsmnts have been made to the City for repayment of this developments prorata share of the Warren Lake Trunk Sanitary Sewer. 8. Miscellaneous. a. This agreement shall be binding 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 comply with all requirements of the same. AZTEST: City C1e_rk APP=: ,D: Dire o of Public 4o_r_s i City torney THE: C OF FO COLLINS, COLORADO By —� y nanager L 1. Schedule of grater 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 improvements to be installed out of sequence. N/A