HomeMy WebLinkAboutLAKEWOOD ESTATES MOBILE HOME PARK - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-31Q
AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of
.larch , A.D. 19 75 , by and between the CITY OF FORT
COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated
as the "City", and Ron Giselman hereinafter designated as the "Developer",
WITNESSETH:
WHEREAS, Developer is the owner of certain property known as Lakewood
Estates Mobile Homes Park situate in the County of Iarimer, 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 Mobile
Home Park and has submitted to the City a master plan showing a proposed park layout
for said lands, which master plan is on file in the office of the City Planner
and by this reference made a part hereof; and
WHEREAS, Developer has further submitted to the City a master 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 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's planning and zoning board has approved the
master plan submitted by the Developer subject to certain requirements and
conditions which involve the installation of and construction of utilities and
other municipal improvements in connection with said Ian(
NOW, THEREFORE, in consideration of the prem.�cs and the terms
and conditions herein stated and for other valuable cons, cration, the
adequacy of which is acknowledged by the parties hereto, is agreed as
follows:
1. The City hereby approves the master plan cbmitted by the
Developer, it being understood that such approval is appiival only of the
general scheme and concept of development shown thereon s.. ?_hat the City may
impose additional requirements on final plats for any per -n of said land
consistent with the general scheme of development shown c the master plan.
2. Except as otherwise herein specifically a.:-eed, the Developer
agrees to install and pay for all utility lines, storm dr 2nage facilities,
streets and other municipal facilities necessary to serve the lands described on
the Subdivision Plat, such lines, streets and facilities T—luding, but not
limited to, those shown on the utility plan.
3. Water Lines.
a. Developer agrees to install all water .ines as shown on
the utility plans in accordance with the requirements and shown on said plans,
whether such lines are actually on the property, borderin; _!,e property or on
other lands connecting the subject property to the exi.sti- City water
distribution system.
b,. Such water lines shall be installed, dull compliance with
the standard
specifications
of
the City on file in the of--ce
of the City
Engineer
relating to
the installation
of
such lines.
C. Developer agrees to complete the inst.-;_ation of the 8-inch
main located within the Hickory Street right -of --way to a ^int 10 feet west of
the mobile home park entrance within 2-1/2 years of the d and year of the date
first hereinabove written.
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for any stru_
home be alloar cr
or mobile bon
the Develope-
Community Dev
department's v
installation -
applicable to -.
and approved
cause such aJ --
installation
costs of such
4
lines shown o
property.
with the star :..
Engineer rely - -
main located <•
and year of t
building permit
cy or any mobile
s�ich structure
ae sole expense of
inspected by the
ELiect to such
i=iencies in such
ad the specifications
.__.a'inn is not completed
shall have the right to
ar; '.:o complete the
be liable for the
..,.J-ary sewer collection
ff the subject
1:+;,1 in full compliance
.11 -Mice of the City
ta_lz tion of the 12-inch
a ? /2 years of the day
d. Developer understands and agrees that no building permit
shall be issued by the City for any structure in the subdivision nor will any
mobile home be allowed within the subdivision until the sanitary sewer line
serving such structure or mobile home is installed and accepted by the City.
the Developer.
e. All of said lines shall be installed at the sole expense of
f. The installation of said lines shall be inspected by the
Community Development 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 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 additional work.
5. Electric Lines and Facilities. The City Light and Power
Department shall install all electric 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.
6. Storm Sewer Lines and Facilities.
a. The Developer shall install all storm sewer lines and
facilities shown on the utility plans. It is understood that such lines and
facilities may not represent all of the Developer's obligations in this regard
and additional requirements may be made by the City at other stages of the
development.
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b. Such storm sewer lines and facilities shE L be installed
in full compliance with the standard specifications of the Ci_y on file in the
office of the City Engineer relating to the installation of s,.ch lines.
C. Developer agrees to complete the instaila ion of said lines
and facilities in an orderly fashion during the process of development, so as
determined by the City Engineer, to prevent damage to other uci.lities, streets,
curb and gutter, sidewalks, and all adjacent properties.
d. All of said lines shall be installed at ti-e sole expense
of the Developer.
e. The installation of all such lines and fa,ilities shall
be inspected by the Community Development 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 requir ments of the plans
and the specifications applicable to such installation. In tr.e event such
installation is not completed and approved within the time se�l 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 mann<r and the Developer
shall be liable for the cost of such additional work.
7. Streets.
a. The Developer agrees to install all stree s shown on the
utility plans complete with asphalt paving, curb, gutter and idewalks.
b. Such streets shall be installed in full c, pliance 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 street
improvements within 2-1/2 years of the day and year of the dar& first hereinabove
written. Installation of that section of Hickory Street from the trailer park
main entrance west to the Lakewood Estates west property line +Ball not be
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required until such time as the City deems it necessary.
d. The City shall reimburse the Developer the cost of labor,
and materials for installing that 16-feet of street necessary to extend the
existing Hickory Street improvements to the east property line of said lands.
e. No building permit for the construction of any structures
in the subdivision shall be issued by the City nor shall any mobile home be
allowed within the subdivision until the street providing access to the
structures or mobile home is improved with at least the gravel base required.
f. The installation of all streets shall be inspected by
the Community Development 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 the 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, including all normal charges made by the City for
financing, engineering, publication, legal and miscellaneous on City Special
Street Improvement Districts.
g. 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.
h. In connection with the improvements to be made to streets,
the Developer shall install and pay for any bridges over existing ditches or
drainage channels. Such bridges shall be installed in accordance with the same
schedule as provided above for the particular street involved. The detailed
plans, specifications and profiles to be submitted by the Developer shall include
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the plans, specifications and profiles for any such required bridges.
8. Flood Plain Problems.
a. The Developer acknowledges that a major portion of the
property is located in the flood fringe of the Cache La Poudre River as determined
by the Army Corps of Engineers. The City does not have any ordinance restricting
or limiting building in the flood fringe, but it is contemplated that the City
Council will adopt such an ordinance in the future. Until the final adoption of
an ordinance only those limitations and requirements as shown on the utility plans
for development of the property will be required of the developer. Despite the
absence of any express guideline regarding flood danger, the developer acknowledges
that the property may be subject to flooding and improvements constructed thereon
will be constructed at the developers' or owners' risk and he shall save the City
harmless from any liability.
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 $ 27,800
conditioned on Developer's full
performance of its obl-igations hereunder and payment by the Developer of the cost
of installing all improvement required to be paid for by the Developer within 2-1/2
years. Said bond may be renewed at the option of the City after the City has
reviewed the conditions and amount of the bond. The City may request that the
Developer
build the improvements on Hickory Street at any time.
Said
bond shall
be posted
when development is initiated. Hickory Street east of
Park
entrance shall
he the first stage of development.
This agreement shall be binding upon the parties hereto, their
heirs, personal representatives and assigns.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be signed the day and year first hereinabove written.
THE CITY OF FORT COLLINS, COLORADO
ATTEST:
By
City Clerk City Manager
APPROVED:
Director of Engineering Services
f�
ty t6torricy, Developer