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HomeMy WebLinkAboutCASA GRANDE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 21 day of m AAj , A.D. 198A, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and MELODY HOMES, a joint venture, hereinafter referred to as "the Developer," WTTNFCCFTN- WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Wagon Wheel, Filing No. 3, a planned unit development, being a replat of part of Wagon Wheel, Filing No. 1, located in the Southeast Quarter of Section 27, Town- ship 7 North, Range 69 West, of the sixth P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Develop- ment), a copy of which is on file in the Office of the Director of Engi- neering Services and made a part hereof by reference; and WHEREAS, the 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 Director of Engineering Services and made a part hereof by reference; 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 Except as herein amended or modified, the Development Agreement shall continue in full force and effect. Amendment Agreement No.l, dated July 1.7, 1985, is superseded by this Agreement and shall hereafter be null and void and of no effect, accordingly, this Agreement, and the Development Agreement, constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF FORT COLLINS a munic'pal corporation ATTEST: By City Manager City Clerk APPROVED AS TO FORM: 6441121-�' Assistant amity Attorney City YKgineer PROGRESSIVE LIVING STRUCTURES, INC., a Colorado Corporation Z��j eo Schuster, President ATTEST: J L Jocelyn Carney, Corporate Secretary Wagon Wheel, Filing No. 3 (To be known as Casa Grande P.U.D.) Amendment Agreement No.1 198�THIS AGREEMENT, made and entered into this / day of , by and between the CITY OF FORT COLLINS, MRADO, a mun cipal corporation ("City"), and MELODY HOMES, a Colorado joint venture, and PROGRESSIVE LIVING STRUCTURES, INC., a Colorado corporation, ("Developer"), is an amendment to that certain Subdivision Agreement dated the 21st day of May, 1981, by and between the City and Melody Homes. By this Agreement, the aforesaid Subdivision Agreement is hereby amended in the following particulars: A. The following replaces paragraph 2.C.: 2.A.(i). All storm drainage facilities shall be completed by the Developer and approved by the City prior to the issuance of more than 5 (five) building permits. The Developer agrees to accept street flows from Shields Street. Except as hereon amended or modified, the Subdivision Agreement shall continue in full force and effect. This agreement and the Subdivision Agreement consititutes the entire understanding of the parties. IN WITNIESS WHEREOF, the parties hereto have set their hands the day and year first: above written. ATTEST: 1 ity er APPROV,Ea: MWtPHAMM IT y ng1 veer CITY OF FORT COLLINS "uAi ci purl corporation ger MELODY HOMES, a Colorado joint venture, by MELODY CONSTRUCTION CO. as Managing General Partner of Melody Homes, by FRANS, INC. as General Partner of Melody Construction Co. .H. Francis, Jr., Pre N ent (Corporate Seal) ATTEST: Orin E. Nobbe, Secretary PROGRESSIVE LIVING STRUCTURES, INC., a Colorado corporation T-Ao J. Sc uster, Pres dent ATTEST: RCPTN # 85043534 08,/30, 13:27:01 # OF PAGES FEE — $3.00 J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00 NOTICE Please take notice that on July 22, 1985, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Plan known as Casa Grande PUD, which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Final Plan of the subject property together with the development agreement dated July 17, 1985 between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, are on file in the office of the Clerk of the City of Fort Collins. The subject property is more particularly described as follows: Tract 1 and Tract 2 of Casa Grande P.U.D., Being a Replat of Wagon Wheel Filing No. 3, located in the S.E. 1/4 of Section 27, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. kE!".10- -xvN ZZA Ocreta , Planning and Zoning Board ity of Fort Collins Dated: t14 71 improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain require- ments and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision shall be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with at least the base course completed) serving such struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, -2- shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the Director as referred to under "Special Conditions" in this document. D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other municipal facilities necessary to serve the lands within the subdivi- sion. F. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all indivi- dual lot service lines leading in and from the main to the property line. G. 'The installation of all utilities shown on the utility draw- -3- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). Not applicable. B. Sanitary sewer (oversizing, payback, etc.). Not applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The Developer shall complete the storm water piping, swales, detention facilities and appurtenant structures prior to being issued more than 48 building permits and 24 Certificates of Occupancy. The maintenance of all storm water facilities on site, but not in street right-of-way shall be the responsi- bility of the homeowner's association in perpetuity. D. Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for construction of Shields Street to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6(F). The City expects to have the street design -4- criteria and standards completely approved before any street construction is started. The Developer agrees to change the utility plans to conform to these standards. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the Director of Engineering Services in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any excessive accumulation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the Director of Engi- neering Services. In the event that the Developer fails to adequately clean the streets within two (2) days after written -5- notice, the City may have the street cleaned and charge the Developer for said costs of cleaning. C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any ATTEST: C ai y e r requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: CitY Manager APPROVED: MELODY HOMES, a joint venture W. H. Fra is, Jr., GehElal Manager Orin E. Nobbe, Manager - AccomNieg 6 Fiesn4 -7- CVUTQTT HAu 1. Schedule of water lines to be installed out of sequence. Not applicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable. 3. Schedule of street improvements to be installed out of sequence. Shields Street shall be constructed by May 30, 1983 or upon request of City due Ito traffic volumes on the roadway. 4. Storm drainage improvements to be installed out of sequence. Not applicable. Wagon Wheel, Filing No. 3. (To be known as Casa Grande P.U.D. ) Amendment Agreement No. 2 THIS AMENDMENT AGREEMENT, is made and entered into this,,2VI, day of May, 1987, by and between the CITY OF FORT COLLINS, COLORADO, a munici- pal corporation ("City"), and PROGRESSIVE LIVING STRUCTURES INC., a Colorado Corporation, (Developer), is an amendment to that certain Development Agreement dated May 21, 1981, by and between the City and PROGRESSIVE LIVING STRUCTURES INC., (the "Development Agreement"). WHEREAS, the parties hereto previously executed a Development Agree- ment on May 21, 1981, which agreement was modified in part by an Amend- ment Agreement No.l, dated July 17, 1985; and WHEREAS, the parties are presently desirous of further modifying the original Development Agreement referred to above and of superseding the above mentioned Amendment Agreement No.l; NOW THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and ade- quacy of which is hereby acknowledged, the parties agree as follows: Section 2 "Special Conditions" paragraph C. "Storm drainage lines and appurtenances of the Development Agreement and Amendment Agreement No.l is hereby amended in its entirety to provide as follows: C. Storm drainage lines and appurtenances The Developer agrees to construct (and obtain the City's accep- tance of) all storm drainage facilities as shown on the approved plans on file in the City Engineer's Office no later then 12 months from the date of this Amendment Agreement. The Developer shall receive a total of 6 building permits for this development prior to the completion and the acceptance of said imp rovements . The developer agrees to accept the street flow from Shields Street. The maintenance of all storm drainage facilities on site for this development, but not in the street right-of-way, shall be the responsibility of the homeowner's association in perpetu- ity.