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HomeMy WebLinkAboutLARKBOROUGH - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-11SUBDIVISION AGRFMN'!EN ' THIS AGR,ENT is made and entered into this 6,, f h day of N (-,ve ✓y,h r r , A.D. 1978, by and between THE CITY OF FORT COLLINS, COL)TRADO, a municipal corporation, hereinafter sometimes designated as the "City", and Lydia M. Collony, Francis W. Collopy as Executor of the Estate of May Troutman and as Attorney in Fact for Margaret M. Pexton, and American Builders, a Division of Pulte Homes Corporation hereinafter desicmated as the "Developer", WITNESS=: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: LNRRWROUGH SUBDIVISION, a tract of land located in the Southeast 1/4 of Section 55, io.,,nship 7 North, Range 69 west of the Sixth P.M., City of Fort Collins. WHEREAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a subdivision plat (and a site plan of said property is to be developed as a Planned Unit Development), a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHET2EPS, 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 imorovements primarily of bener-it to the lands to be developed and not to the City of Fort Collins as a whole; and TVMHREAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requirements and conditions which it Lvc, the installation of and cc -ruction of utilities and other municipal improvements in connection with said lands. N()T,V, rnjERETORE:, 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 within the subdivision. 2. Water Dines. 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, wnether 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 and applicable provisions of the City Code relating to the installation 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 water line and the fire hydrant serving such structure is installed and accepted by the City. d. Any water lines described on Exhibit A, attached hereto shall be installed within the time .required on Exhibit A. If the City Engineer determines that any lines shoran on the utility plans are required to provide service to 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 Develoner; the Developer shall not be required to participate in the cost of any iDeripheral water mains along Harmony Road should such mains be constructed at some future time. f. The installation of said line shall be inspected by the Engineering Services Denartment 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. 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 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 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 be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer, except the City shall nay that additional cost of installing 12-inch rather than 8 -inch sewer mains along lark -bunting and Hummingbird Drives. Also, th^ City shall determine the cost of the sanitary 'trunk sewer to be borne by the Developer based upon the area of his development at the time the final project costs are determined. -3- f. The installer, n of said lines shall be inspe d 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. 4. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities recpuirod 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. 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 understands and agrees that no building permit shall be issued for any stricture within this subdivision prom to the written approval of the New Mercer ditch company for the discharge of storm runoff from this subdivision into the ditch, except the City may issue building permits for model homes along Towhee Street if the Developer installs a temporary detention pond to serve those model homes, the design and constriction of said pond to be subject to the appcoval of the City Engineer. Developer agrees to complete the installation of permanent detention facilities prior to the issuance by the City of more than 52 building permits or 26 certificates of occupancy for structures within this subdivision. IBM d. All of said ies and facilities shall be cor acted 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. e. kil of said facilities shall be installed at the sole expense of Developer. f. The installation of all of such lines and facilities shall be in- spected 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. 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 structures is improved with at least the gravel base 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 expense of the Develorr_r, except the City shall pay those additional costs of constructing Troutman and Manhattan as collector and Harmony Pbad as an arterial rather_ -5- than as residential st—ets, including the cost of installing a 7' wide bikeway rather than a 4' sidewalk along Harmony Road. 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 individual lots have been installed from main utility lines to the property line. 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. Developer_ shall provide landscaping along Harmony Road in accordance with City of. Fort Collins standard (approved mixture of low -maintenance grasses and one tree per lot adjacent to the arterial street). Said landscaping shall be maintained by the Developer until the landscaping is permanently established and has been accepted by the City for maintenance. Developer may assign this responsibility to a landscaping contractor, or other representative subject to approval by the City. b. Developer has the option of installing plastic water mains rather than the ductile iron pipe specified on the utility plans. All materials and methods used in such installation are subject to the review and approval of the City prior to any water line construction. Such constriction shall comply with all standards and specifications developed by the City relating to the installation of plastic water lines. 8. :Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall he 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. ATTEST: i i City Cter- APPROVED: Director_ o is marks THE CITY OF FORT COLLINS, COLORADO 11 AMERICAN BUILDERS, A Division of Pulte Homes Corporation By: Developer Title Robert A. Sharp Attorney - in - fact v L-" Executor of the Estate of Mg, Troutman Attorney -in -fact for Margaret f. Pexton a)(HIBIT A 1. Schedule of water lines to be installed out of sequence. Not applicable 2. Schedule of san-nary sewer lines to be installed out of sequence. Not applicable 3. Schedule of street improvements to be installed out of. sequence. All street improvements for Harmony Road shown on the utility plans for this subdivision shall be installed and accepted prior to the issuance by the City of more than 80 building permits and 40 certificates of occupancy for structures within this subdivision.