HomeMy WebLinkAboutPRESTON-KELLEY SUBDIVISION - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-27SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this a,q " day
of Apr i I , 19ED , by and between the CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, hereinafter
sometimes designated as the "City", and HEWLETT-PACKARD
COMPANY, hereinafter sometimes designated the "Developer",
W I T N E S S E T H:
WHEREAS, Developer is the owner of certain property
situate in the County of Larimer and State of Colorado, and
legally described as follows: PRESTON-KELLEY SUBDIVISION,
being a subdivision of a portion of Harmony Annexation No. 3,
and Harmony Annexation No. 4 to the City of Fort Collins,
Colorado, situate in the South 1/2 of Section 33, Township 7
North, Range 68 West of the 6th P.M., Larimer County, Colorado,
and
WHEREAS, Developer desires to develop said property as
an industrial subdivision and has submitted to the City a
subdivision plat, 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 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 reference made a part hereof,
and has extended municipal service in order to serve the area,
and in connection with such extensions, has signed an Agree-
ment with the City dated March 1, 1977, in which the Developer
will be reimbursed certain costs in connection with benefits
which will be derived by other properties, and
WHEREAS, the City has approved the subdivision plat
submitted by the Developer, subject to certain conditions
which involve the installation of improvements to be made
along Minor Road.
NOW, THEREFORE, in consideration of the premises and
the terms and conditions herein stated, and for other valua-
ble consideration, the adequacy of which is acknowledged by
the parties hereto, it is agreed as follows:
1. The water line and sewer line to serve the property
has been constructed by the Company pursuant to the Agree-
ment executed between the parties dated March 1, 1977. This
Agreement, a copy of which is attached hereto, is hereby
incorporated by reference, and the City will make reimburse-
ment to the Company as provided in said Agreement for charges
collected against other properties which benefit from the
Company's construction of the utility lines. Said lines
have been installed and are in full compliance with the
standard specifications of the City.
2. It is acknowledged that the City Light and Power
Department has installed all electric distribution lines and
facilities presently required for the subject property,
and the Developer has paid for such work in accordance with
the established charges of the electric Light and Power
Department.
3. The Developer has provided the City with plans for
storm sewer lines and facilities. Such lines and facilities
shall be installed in accordance with the specifications at
the sole expense of the Developer.
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4. The Developer has installed all streets and parking
areas complete with paving, curb, gutter and sidewalks in
full compliance with the standard specifications of the Citv;
except that Minor Road shall be developed as an arterial street,
and the Developer will be reimbursed for the costs of develop-
ing said street as an arterial in accordance with the City
of Fort Collins Code, Article 99-6(F), as Amended. The
improvements to and along Minor Road shall be installed in
conjunction with improvements to the West side of Minor
Road when such property to the West becomes a subdivision of
the City of Fort Collins. The Developer shall be responsible
for providing such improvements as required on the East 1/2
of Minor Road, with the developer to the West paying the
cost on the West 1/2 of Minor Road.
5. It is anticipated that improvements such as curb,
gutter and sidewalk will be necessary along the North side of
Harmony Road. Should the City require these improvements,
the Developer hereby agrees to participate in the cost of
these improvements to arterial standards as described in
Paragraph 4 above.
6. This Agreement shall be binding upon the parties
hereto, their heirs, personal representatives and assigns.
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.
ATTEST: THE CITY OF FORT COLLINS, COLORADO
Qr �� By
,�'y,7A City Clerk -' i City Manager
WE
arrxUVDll: HEWLETT-PACKARD COMPANY
-L'vices S. T. ' ack Bri am III
J. Secretary and General Counsel
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