Loading...
HomeMy WebLinkAboutSOUTH MEADOWLARK HEIGHTS FOURTH - Filed OA-OTHER AGREEMENTS - 2004-02-18AGREEMENT THIS AGREEMENT is made and entered into this 11th day Mo of Apr;] , �8, between THE CITY OF FORT COLLINS, COLORADO, a. municipal corporation (hereinafter the "City"), and DEINES HOMES, INC., a Colorado corporation (hereinafter "Deines"), WITNESSETH: 1. De:ines was the owner and developer of property developed as the Meadow -Lark Subdivisions in the City of Fort Collins, Colorado. 2. As such developer, Deines was required to install two bridges crossing the New Mercer Canal in such subdivisions, one crossing the canal at Meadowlark Drive and the other crossing the canal at West Swallow. 3. All other City requirements in connection with the development of said subdivisions have been met. 4. The City, in accordance with its policies, is obligated -to participate in the construction of both bridges referenced above, the City participation being determined by any excess width of such bridges over the normal residential street width of forty (40) feet. Both bridges are 60-foot in width and, therefore, the City's participation would be one-third of the cost. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. i:d WITNESS WHEREOF, the parties hereto have caused this agreement to be sinned the day and year first hereinabove written. THE CITY OF PORT COLiINS, COLORADO ATTEST: 6 By ' ',i...., City Cleric City Manager APPROVED: Director of Engineering Services Dept. ,I Developer -7- 5. Deines has obtained from the New Mercer Ditch Company the necessary permission for installing such bridges and has also had the necessary plans and specifications prepared for such bridge installations. Deines has obtained a bid proposal for the necessary work to install such bridges, a copy of which is attached hereto as an exhibit and by this reference made a part hereof. 6. The cost of installing the bridges consists of the following: DESCRIPTION OF WORK COST A. Engineering $4,395.00 B. Ditch company permit fee 500.00 C. Bridge installation cost (per bid) 83,296.00 Total $88,191.00 Deines has paid the engineering cost and the ditch company permit fee as set forth above. Deines's share of the total cost (2/3) is $58,794.00. The balance of the cost (excess width) is to be borne by the City. 7. Concurrently with the execution of this agreement, Deines has paid to the City in cash $53,899.00. The City accepts such amount in full satisfaction of Deines's obliga- tion to install the bridge and agrees to complete the bridge installation. -2- 8. After the bridge is installed, it will be necessary to install asphalt street pavement connecting to the bridge through the Meadow -Lark Subdivisions. The City shall perform this work, and Deines agrees to reimburse the City for its share of such cost based upon the normal City policy requiring the developer to pay the cost of a normal residential street (40-foot width). The balance of the cost of installation of the street shall be borne by the City. 9. The costs set forth in paragraph 6 include the cost of engineering services during construction of the bridge as required to certify to the City that the bridge has been installed in accordance with the approved plans and specifica- tions. If any additional engineering is required (excluding normal City inspection services), the cost of such engineering will be shared by the parties on the same basis of two- thirds by Deines and the balance by the City. 10. This agreement shall be binding upon the parties hereto, their successors and assigns. ATTEST: Ci y Clerk ATTEST: Secretary THE CITY OF FORT COLLINS, DEINES HOMES, INC. President A p�'�,,c� .4 r -3- AGREEMENT /r. THIS AGREEMENT is made and entered into this /-- �---- day of A.D. 15 )-, , by and between THE CITY OF FORT COLLIAS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Wines Homes incorporated hereinafter designated as the "Developer" OF South Meadowlark Heights Fourth Filing, and Replat of a portion of Third Filing. WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer, State of Colorado, more particularly described on the subdivision plat on file in the office of. the City Engineer, and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a residential subdivision and ha submitted to the City a utility plan for said lands, a copy of which is on fife irthe office of the City Engfoeer 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 nrco and willfurther require the installation of certain improvements primarily of benefit to the '..ands to be developed and not to the City of Fort Collins as a whole; and WHERiiAS, the City's planning and zoning board has approved the master plan submitted by :he Developer subject to certain requirements and conditions whicil involve tiia installation of and construction of utilities and other municipal improvemen Ls in connection with said lands. NOW, THEREFORE, in considerat e: 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 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 onthe subdivision plat, such lines, streets and facilities including, but not limited to, those shown on the utility plan on file in the City Engineer's Office. 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, wheflier 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 witin 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 nine months of the date first hereinabove written. d. Developer understands and agrees that no building permit for any structure i❑ the subdivision shall be issued by the City until the fire hydrant servinn such structure is installed and accepted by the City. Developer. e. All of said lines shall be installed at the sole expense of the -2- f. The installation of said line shall be inspected by the Engineering Services Department of tie 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 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 add-itional work. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection Lines shown on the utility plans, whether the some 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 agrees to complete the installation of said lines no later than: Within nine months of the date first hereinabove 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. the Developer. E. All of said lines shall he installed at the sole expense of K 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 completed and approved within the time set forth above, the City shallhave the right to cause such additional work to be done -3- 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. 4. lilectric. Lines and Facilities. The City Light and Power Department shall. W tall all. _1,ctric 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 installation shall include all street lights required for the development. 5. Storm Sewer Lines and Facilities. a. The Developer shall install allstorm sewer lines and facilities shown on theutility plans. It is understood that such lines and facilities may not represent all of the Developer's obligatioAs in this regard and additional requirements may be made by the City at other stages of the development. b. Such storm sewer lines and faciliti%,aall 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 and facilities in an orderly fashion during the process of development so as to prevent any damage to the existing public improvements and all adjacent properties. the Developer. d. All of said lines shall be installed at the sole expense of e. 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 suc1i 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 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. later than: C. Developer agrees to complete the installation of street improvements no Within nine months of the date first hereinabove written. d. No building permit for the construction of any structures in the subdivision shall he issued by the City until the street providing access to the structures is improved with at least the gravel base required. C. 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 tie event the improvements are not completed and approved within the time set fortis above, the City shall have the right to cause such additional work, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street improvement Districts. f. 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. Bridges a. The Developer further agrees to install two bridges over the New Mercer Canal, one to be located at Swallow Road and ov_e at Meadowlark Avenue. b. Developer agrees to complete the installation of said bridges no later than within two years following completion of agreement oetween the Ditch Co. and the City relative to the crossing. The construction is to La commenced within the two year -5- period at the time of __quest by the City- C. K:Lallation of said bridges shall be subjected to the inspection and apprcval 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. d. Bridges shall be installed at the expense of the Developer except that the. City shall pay for the cost of providing the extra width to comply with specifications for a collector street rather than a residential street. 9. Performance and Payment Bond. To insure Developer's performance under this agreement, Developer has provided the City a satisfactory surety bond in the amount of A60,000 conditioned on Developer's full performance of its obligations hereunder and payment by the Developer of the cost of installing all improvement required to be paid for by the Developer. -6-