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HomeMy WebLinkAboutWILDWOOD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-16SUBDIVISION AGREaWMEEWT T[IIS AGPEKEET is made and entered into this /`/ 'fit` day of A.D. 19W, by and between THG CITY OF FOGT COLLINS, COLORADO, a r:uniciasl corporation, hereinafter sometimes designated as the "City", and Wildwood Venture Incorporated hereinafter designated as the "Developer", ITSTNESSEEH: i,T REAIS, Developer is the owner of certain property situate in the County of Larimer and state of Colorado and legally described as follows: 6v1rC6OD, SECOND FILING, situate in Section 16, T7N, R 69 W, of the Sixth P.M., City of Fort Collins. S =, 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 he developed as a Planned Unit Developa°lent), a copy of winch is on file in the office of the City Engineer and by this reference made a part hereof; and L1[IiRFAS, 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 rade a part heroDf; and m:[ERF_71S, the parties hereto have agreed that the development of said lands will require increased nrinicipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of h nefit to the lands to be developed and not to the City of Fort Collins as a whole; and M,iFR1-:AS, thiv City has approved the subdivision plat (and site plan where P:Olicable) sulnli_Cx_Cd by the L�aveloper subject to certain recftirea:ants and conditions which in7-lve the installation of and cones ruction of utilities and other mm icipal imiurovements in connection with said lands. Ncy,,'7, THERF---aaE, 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 pasties hereto, it is agreed as follows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pzy for all utility lines, storm drainage facilities, streets and other raauicipal facilities necessary to serve the lands within the subdivision. 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, whether such lines are actually on the property, bordering the property or on other lands con--ectLing the subject property to the e;<isting City water distribution system. b. Such water lines shall be installed in full compliance with the st n3ard _ecifioatious of the City on file in the office of the City Engineer and eppliceble pro-.-isions of the City Cod- 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 tt� fire hydrant scry ng such structure is installed and accepted by the City. d. Any water lines described on Exhibit A, attached hereto shall be installed within the tirce required on Exhibit A. If the City Engineer determines that any lines shown on the utility plans are required to provide service to u !L�r areas of t12� City, tYos„ tin-s shall lx. installed within the tin by tue City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer f.. The installation of said line shall be inspected by the Engineering Services Depa-OwH t of the City and shall be subject to such department's ap- proval. Developer agrees to correct any deficiencies in such installation in order to mnqt the reYslre:,ents of the plans and the specifications applicable to such installation. 3. Sa^_ta y Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines show--. on the utility plans, whether the same be on or off the subject property, except for the 15-inch sewer along WiIM& Road and wildwood Court, and also excepting the 12-inch sewer along Touchdown Drive. b. Sera sa. _tart' sewer lines shall be installed in full compliance with the specifications of the City on file in the office of the City F,--, git, r--r rEaiat;:,g to the installation of such lines. c. L velop r understands and agrees that no building permit shall be iss; l by the City for any structure in the subdivision until the sanitary sewer lino 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 r) vclopzr , execpt for the trunk sewer to be intalled in west Prospect Street by the City. `i'ho developer agrees to participate in the cost of construction of said trunk sewer as stipulated in Exhibit R attached hereto and made a part hereof. -3- f. 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 recrairem nts 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 prperty and the Developer shall pay for such work in accordance with the established charges of the Light and Power Department. Such installation shall incltyde all street lights required for the develpment. 5. Storm Sewer Lines and Facilities. a. The Develper shall install all permanent and temporary storm sewer lines and iaclli�ies shown on the utility plans. b. The Develper understands and agrees that no building permit shall be is:;u ea for any struc`ure in the second filing until all storm sewer lines and facilities sc„ on the utility plans are constructed and accepted by the City. C. If the detention pond planned by the City in accordance with ordinance rho. 61, 1976, has not been constructed at the time the Developer is ready to remove the temporary detention pond and develop the four lots at the northeast corner of the second filing, the Developer understands and agrees that prior to the removal of the temporary detention pond or the issuance of any bjil.ding permits for these four. lots, he shall be required to provide all information requested by the City Engineer to determine the ca::.city of the eJ fisting .`acilitics aril to 1a}:e all improvements on those facilities determined by the City Engineer to be necessary to accommodate the increased min -off. S' d. Ali storm sewer lines and drainage facilities shown on the utility plans and all improvement on existing facilities shall be constructed at the sole expense of the Developer. At such time as a drainage fee is established in accordance •sith Ordinance No. 61, 1976, for the drainage basin in which said su}xlivisien is located, the cost of the irprovements made by the developer shall be a credit against such fee for the property in the subdivision to the extent t-iat these costs reduce the cost of the permanent imorovements. If such cost exceeds the total fees for the subdivision, the Developer shall be reim:,*-sed such excess amount when funds are available in the storm drainage _`.und :or that purpose. If the cost of installing the drainage im- provements is Less than the fee to be collected, the excess fee shall be assessed against the property. The Developer shall fully account to the City fOr al_ cost incurred in the construction of any drainage improvements OF which the City is granting credit for under Ordinance No. 61, 1976, and the Y�oks and records of the Develper relating to such drainage improvements shall 1X o x-,n to the City at all reasonable tir.:es for the purpose of auditing or verifying costs. e. The installation of all of such lines and facilities shall be inspected by the nigineering Services Department of the City and shall be subject to such dapartrent's approval. Developer aqrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the s;rcifications applicable to such installation.. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, coumplete with paving, curb, qutter and sidewalks. b. Such streets hall be installed in full compliance with the ster:dard spectHcations of City on file in the office of the City Pngineer relat_inq to the installation of such streets. -5- c. No building permit for the construction of any structure in the subldivision shill be issued by the City until the street providing access to the sturctures is irproved with at least the gravel base required. Furtherrxre, 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 Eu,hibit A. If the City Engineer determines that any streets sham on the utility plans are required to provide access to other a —-as cf the City, those streets small be installed within the t -e required by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer. f. Developer agrees to correct any deficiencies in such installation in order to met the r uiremL_mts of the plans and the specifications applicable to such installation. q. street irprovenents shall net be installed until all utility lines to be placed in the streets have been corpletel.y installed and all services to individual lots have been installed from main utility lines to the property line. 7. Other Recliirements. 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 requirenp-zts in the City Subdivision Ordinance or any other provision of the City Code and the Devoloper agrees to comply with all requirements of the. saille. ATTEST: Citp APPROVED: r Direc'o ` Ong / i::g —vices Cir r._. rn TFE CITY OF FORT COLLINS, COLORADO m Cify Manager Wildblood Ventures, Inc. oE � • 4 1 - EXHIBIT A 1. Schedule of viater lines to be installed out of sequence. Nonapplicable 2. Schedule of sanitary sewer lines to be installed out of sequence. See Exhibit B 3. Schedule of street improvements to be installed out of sequence. Nonapplicable EXHIBIT B The Developer agrees to provide a cash escrow or other acceptable financial guarantee to the City for Developer's participation in the cost of construction of the trunk sewer line in West Prospect Street, which provides sanitary sewer to the Wildwood Subdivision. Such cash escrow shall be deposited with the City prior to award by the City of the construction contract for said trunk sewer line. The Developer's participation has been estimated at $27,639.00. The final cost shall he based upon bids received by the City for the construction and may be more or less than the estimate. The Developer's participation shall be calculated as follows: a. Five percent of total project cost; b. The equivalent cost of 856 feet of eight inch sewer, based upon 50% of the actual cost of 15 inch sewer; c. The equivalent cost of 531 feet of eight inch sewer, based upon 67" of the actual cost of 12 inch sewer; d. 5m' of the actual cost of installation for three manholes: two standard manholes and one drop manhole; e. Full cost of any service drops within Wildwood Subdivision.